[Congressional Record (Bound Edition), Volume 155 (2009), Part 1]
[Issue]
[Pages 1-219]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 1]]

                           VOLUME 155--PART 1

           HOUSE OF REPRESENTATIVES--Tuesday, January 6, 2009



  This being the day fixed by Public Law 110-430, pursuant to the 20th 
amendment to the Constitution of the United States, for the meeting of 
the 111th Congress of the United States, the Representatives-elect met 
in their Hall, and at noon were called to order by the Clerk of the 
House of Representatives, Hon. Lorraine C. Miller.
  Cardinal Theodore E. McCarrick, Archbishop Emeritus of Washington, 
offered the following prayer:
  Dear friends, let us remind ourselves in this special place, on this 
special day, that we are in the presence of God.
  Lord, we praise You at this historic moment. You are the loving 
Father of us all, the merciful, the compassionate, the source of all 
wisdom, the giver of all gifts.
  We have so much to thank You for, dear God--for our lives, our 
families, for our freedom and our opportunities, for our Nation and for 
the historic choice of leadership it has just made and, indeed, for the 
age-old values that are still enshrined in our Constitution and in our 
hearts.
  Sustain the Members of the 111th Congress in courage and in 
confidence as they face the daunting needs of this special time. 
Challenge them, Lord, not to forget the hungry and the homeless, the 
unborn and the immigrant, those without access to good education or 
decent health care, and those many men and women caught in a cycle of 
poverty from which they cannot escape without our help.
  Let our Representatives be builders of a better world--a world 
without war or violence, without oppression or corruption--builders of 
a new world whose foundations are human dignity, the values of family 
life and respect for the laws of nature.
  Lord, we pray: Make us always proud of those we have chosen to lead 
us so that, with their leadership and Your loving care, You may always 
be proud of us and of these United States of America. Amen.


                          Pledge of Allegiance

  The CLERK. The Representatives-elect and their guests will please 
remain standing and join in the Pledge of Allegiance.
  The Clerk led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

  The CLERK. As directed by law, the Clerk of the House has prepared 
the official roll of the Representatives-elect.
  Certificates of election covering 435 seats in the 111th Congress 
have been received by the Clerk of the House, and the names of those 
persons whose credentials show that they were regularly elected as 
Representatives in accordance with the laws of their respective States 
or of the United States will be called.
  The Representatives-elect will record their presence by electronic 
device and their names will be recorded in alphabetical order by State, 
beginning with the State of Alabama, to determine whether a quorum is 
present.
  Representatives-elect will have a minimum of 15 minutes to record 
their presence by electronic device.
  Representatives-elect who have not obtained their voting ID cards may 
do so now in the Speaker's lobby.
  The call was taken by electronic device, and the following 
Representatives-elect responded to their names:

[Roll No. 1]

                       ANSWERED ``PRESENT''--428

                                ALABAMA

     Aderholt
     Bachus
     Bonner
     Bright
     Davis
     Griffith
     Rogers

                                 ALASKA

       
     Young
       

                                ARIZONA

     Flake
     Franks
     Giffords
     Grijalva
     Kirkpatrick
     Mitchell
     Pastor
     Shadegg

                                ARKANSAS

     Berry
     Boozman
     Ross
     Snyder

                               CALIFORNIA

     Baca
     Becerra
     Berman
     Bilbray
     Bono Mack
     Calvert
     Campbell
     Capps
     Cardoza
     Costa
     Davis
     Dreier
     Eshoo
     Farr
     Filner
     Gallegly
     Harman
     Herger
     Honda
     Hunter
     Issa
     Lee
     Lewis
     Lofgren, Zoe
     Lungren, Daniel E.
     Matsui
     McCarthy
     McClintock
     McKeon
     McNerney
     Miller, George
     Napolitano
     Nunes
     Pelosi
     Radanovich
     Richardson
     Rohrabacher
     Roybal-Allard
     Royce
     Sanchez, Linda T.
     Sanchez, Loretta
     Schiff
     Sherman
     Solis
     Speier
     Stark
     Tauscher
     Thompson
     Waters
     Watson
     Waxman
     Woolsey

                                COLORADO

     Coffman
     DeGette
     Lamborn
     Markey
     Perlmutter
     Polis
     Salazar

                              CONNECTICUT

     Courtney
     DeLauro
     Himes
     Larson
     Murphy

                                DELAWARE

       
     Castle
       

                                FLORIDA

     Bilirakis
     Boyd
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Castor
     Crenshaw
     Diaz-Balart, L.
     Diaz-Balart, M.
     Grayson
     Hastings
     Klein
     Kosmas
     Mack
     Meek
     Mica
     Miller
     Posey
     Putnam
     Rooney
     Ros-Lehtinen
     Stearns
     Wasserman Schultz
     Wexler
     Young

                                GEORGIA

     Barrow
     Bishop
     Broun
     Deal
     Gingrey
     Johnson
     Kingston
     Lewis
     Linder
     Marshall
     Price
     Scott
     Westmoreland

                                 HAWAII

     Abercrombie
     Hirono
      

                                 IDAHO

     Minnick
     Simpson
      

                                ILLINOIS

     Bean
     Biggert
     Costello
     Davis
     Foster
     Halvorson
     Hare
     Jackson
     Kirk
     Lipinski
     Manzullo
     Roskam
     Schakowsky
     Schock
     Shimkus

                                INDIANA

     Burton
     Buyer
     Carson
     Donnelly
     Ellsworth
     Hill
     Pence
     Souder
     Visclosky

                                  IOWA

     Boswell
     Braley
     King
     Latham
     Loebsack

[[Page 2]]



                                 KANSAS

     Jenkins
     Moore
     Moran
     Tiahrt

                                KENTUCKY

     Chandler
     Davis
     Guthrie
     Rogers
     Whitfield
     Yarmuth

                               LOUISIANA

     Alexander
     Boustany
     Cao
     Cassidy
     Fleming
     Melancon
     Scalise

                                 MAINE

     Michaud
     Pingree
      

                                MARYLAND

     Bartlett
     Cummings
     Edwards
     Hoyer
     Kratovil
     Ruppersberger
     Sarbanes
     Van Hollen

                             MASSACHUSETTS

     Capuano
     Delahunt
     Frank
     Lynch
     Markey
     McGovern
     Neal
     Olver
     Tierney
     Tsongas

                                MICHIGAN

     Camp
     Conyers
     Dingell
     Ehlers
     Hoekstra
     Kildee
     Kilpatrick
     Levin
     McCotter
     Miller
     Peters
     Schauer
     Stupak
     Upton

                               MINNESOTA

     Bachmann
     Ellison
     Kline
     McCollum
     Oberstar
     Paulsen
     Peterson
     Walz

                              MISSISSIPPI

     Childers
     Harper
     Taylor
     Thompson

                                MISSOURI

     Akin
     Blunt
     Carnahan
     Clay
     Cleaver
     Emerson
     Graves
     Luetkemeyer
     Skelton

                                MONTANA

       
     Rehberg
       

                                NEBRASKA

     Fortenberry
     Smith
     Terry

                                 NEVADA

     Berkley
     Heller
     Titus

                             NEW HAMPSHIRE

     Hodes
     Shea-Porter
       

                               NEW JERSEY

     Adler
     Andrews
     Frelinghuysen
     Garrett
     Holt
     Lance
     LoBiondo
     Pallone
     Pascrell
     Payne
     Rothman
     Sires
     Smith

                               NEW MEXICO

     Heinrich
     Lujan
     Teague

                                NEW YORK

     Ackerman
     Arcuri
     Bishop
     Clarke
     Crowley
     Engel
     Gillibrand
     Hall
     Higgins
     Hinchey
     Israel
     King
     Lee
     Lowey
     Maffei
     Maloney
     Massa
     McCarthy
     McHugh
     McMahon
     Meeks
     Nadler
     Rangel
     Serrano
     Slaughter
     Tonko
     Towns
     Velazquez
     Weiner

                             NORTH CAROLINA

     Butterfield
     Coble
     Etheridge
     Foxx
     Jones
     Kissell
     McHenry
     McIntyre
     Miller
     Myrick
     Price
     Shuler
     Watt

                              NORTH DAKOTA

       
     Pomeroy
       

                                  OHIO

     Austria
     Boccieri
     Boehner
     Driehaus
     Fudge
     Jordan
     Kaptur
     Kilroy
     Kucinich
     LaTourette
     Latta
     Ryan
     Schmidt
     Space
     Sutton
     Tiberi
     Turner
     Wilson

                                OKLAHOMA

     Boren
     Cole
     Fallin
     Lucas
     Sullivan

                                 OREGON

     Blumenauer
     DeFazio
     Schrader
     Walden
     Wu

                              PENNSYLVANIA

     Altmire
     Brady
     Carney
     Dahlkemper
     Dent
     Doyle
     Fattah
     Gerlach
     Holden
     Kanjorski
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Pitts
     Platts
     Schwartz
     Sestak
     Shuster
     Thompson

                              RHODE ISLAND

     Kennedy
     Langevin
       

                             SOUTH CAROLINA

     Barrett
     Brown
     Clyburn
     Inglis
     Spratt
     Wilson

                              SOUTH DAKOTA

       
     Herseth Sandlin
       

                               TENNESSEE

     Blackburn
     Cohen
     Cooper
     Davis
     Duncan
     Gordon
     Roe
     Tanner
     Wamp

                                 TEXAS

     Barton
     Brady
     Burgess
     Carter
     Conaway
     Cuellar
     Culberson
     Doggett
     Edwards
     Gohmert
     Gonzalez
     Granger
     Green, Al
     Green, Gene
     Hall
     Hensarling
     Hinojosa
     Jackson-Lee
     Johnson, E.B.
     Johnson, Sam
     Marchant
     McCaul
     Neugebauer
     Olson
     Ortiz
     Paul
     Poe
     Reyes
     Rodriguez
     Sessions
     Smith
     Thornberry

                                  UTAH

     Bishop
     Chaffetz
     Matheson

                                VERMONT

       
     Welch
       

                                VIRGINIA

     Boucher
     Cantor
     Connolly
     Forbes
     Goodlatte
     Moran
     Nye
     Perriello
     Scott
     Wittman
     Wolf

                               WASHINGTON

     Baird
     Dicks
     Inslee
     Larsen
     McDermott
     McMorris Rodgers
     Reichert
     Smith

                             WEST VIRGINIA

     Capito
     Mollohan
     Rahall

                               WISCONSIN

     Baldwin
     Kagen
     Kind
     Moore
     Obey
     Petri
     Ryan
     Sensenbrenner

                                WYOMING

       
     Lummis
       

                              {time}  1239

  The CLERK. The quorum call discloses that 428 Representatives-elect 
have responded to their name. A quorum is present.

                          ____________________




                       ANNOUNCEMENT BY THE CLERK

  The CLERK. Credentials, regular in form, have been received showing 
the election of:
  The Honorable Pedro R. Pierluisi as Resident Commissioner from the 
Commonwealth of Puerto Rico for a term of 4 years beginning January 3, 
2009;
  The Honorable Eleanor Holmes Norton as Delegate from the District of 
Columbia;
  The Honorable Madeleine Z. Bordallo as Delegate from Guam;
  The Honorable Donna M. Christensen as Delegate from the Virgin 
Islands;
  The Honorable Eni F. H. Faleomavaega as Delegate from American Samoa; 
and
  The Honorable Gregorio Sablan, Delegate from the Commonwealth of the 
Northern Mariana Islands.

                          ____________________




             RESIGNATION FROM THE HOUSE OF REPRESENTATIVES

  The CLERK. The Clerk is in receipt of a letter of resignation from 
the Honorable Rahm Emanuel from the State of Illinois.
  Without objection, the letters relating to his resignation will be 
printed in the Record.
  There was no objection.

                                                December 30, 2008.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Speaker Pelosi: I am writing to inform you that I have 
     notified the Governor of Illinois of my resignation from the 
     U.S. House of Representatives effective January 2, 2009, at 
     the end of the 110th Congress. I do not intend to take the 
     office of Representative for the Fifth Congressional District 
     in the 111th Congress. A copy of that letter is attached.
       It has been a privilege to serve the constituents of 
     Illinois' 5th District for the last six years and to work 
     with you and our colleagues in Congress.
           Sincerely,
                                                     Rahm Emanuel,
     Member of Congress.
                                  ____

                                                  January 2, 2009.
     Hon. Rod Blagojevich,
     Governor, State of Illinois,
     Statehouse, Springfield, IL.
       Dear Governor Blagojevich: I am writing to resign my 
     position as United States Representative from the Fifth 
     Congressional District of Illinois, effective January 2, 
     2009.
       It has been a tremendous privilege to serve the people of 
     the Fifth District over the past six years. I am grateful for 
     the opportunity to represent the hopes and dreams of a 
     quintessentially American district, from hardworking families 
     to new immigrants to the senior citizens who built this great 
     country. It has been my particular privilege to represent the 
     district's many military troops and veterans, who put their 
     lives on the line to protect the values we cherish. Their 
     sense of duty and sacrifice has been an inspiration, which I 
     will carry with me to my new duties as chief of staff to 
     President-elect Barack Obama.
       As sons of immigrants to this country, you and I have a 
     deep appreciation for the opportunities America provides to 
     those who are

[[Page 3]]

     willing to work hard and sacrifice for their children. As a 
     member of the next Administration in Washington, I will 
     strive to maintain and expand that opportunity for all 
     families, because the chance to work hard and build a better 
     life is the principle that unites all Americans. Over the 
     past few years, our government in Washington has lost sight 
     of that principle by catering to the wealthiest Americans and 
     powerful special interests--leaving middle-class Americans to 
     struggle with rising health care costs, reduced pensions and 
     a collapsing economy. The recent election was a clarion call 
     for a change in direction, so we can recapture the values 
     that have made our nation a beacon of hope and opportunity.
       As I go to work everyday in the incoming Obama 
     Administration, I will keep in mind the stories of the 
     working families and senior citizens who I met during the 
     past six years in grocery stores, schools and churches across 
     the Fifth District. I will strive to make our government work 
     for them and their children, because that is the true measure 
     of our success as a nation.
       With gratitude and best wishes,
           Sincerely,
                                                     Rahm Emanuel,
     Member of Congress.

                          ____________________




                          ELECTION OF SPEAKER

  The CLERK. Pursuant to law and precedent, the next order of business 
is the election of the Speaker of the House of Representatives for the 
111th Congress.
  Nominations are now in order.
  The Clerk recognizes the gentleman from Connecticut (Mr. Larson).
  Mr. LARSON of Connecticut. Our democracy renews itself every 2 years 
as Members gather with their family members eager to fulfill the 
aspirations of our great Nation. While America watches with 
anticipation, they know that hope and help are on their way. The 
Democratic Caucus has met and unanimously endorsed Nancy D'Alesandro 
Pelosi for Speaker.
  Two years ago, the Speaker took the gavel, historically, on behalf of 
America's children. She has taken this Congress and the country in a 
new direction and provided the foundation for change that America 
yearns for and needs. How fitting, on the birthday of Sam Rayburn, 
legendary Speaker of the House from Texas, that I, as chairman of the 
Democratic Caucus, have been directed by the unanimous vote of the 
Caucus, to present for election to the Office of the Speaker of the 
House of Representatives for the 111th Congress, the name of the 
Honorable Nancy D'Alesandro Pelosi, a Representative-elect from the 
great State of California.
  The CLERK. The Clerk now recognizes the gentleman from Indiana (Mr. 
Pence).
  Mr. PENCE. Madam Clerk, as chairman of the Republican Conference, I 
am also directed by unanimous consent of that conference to present for 
election an individual today, but let me say also from my heart it is 
one of the great privileges of my life to do so, to present for 
election to the office of Speaker of the House for the 111th Congress 
the name of a man from the heartland of America, a man of humble 
beginnings who came to Washington during a time of reform and led and 
is prepared, starting this day, to lead this Congress back to the 
aspirations and ideals of the American people, the name of the 
Honorable John A. Boehner, a representative-elect from the State of 
Ohio.
  The CLERK. The names of the Honorable Nancy Pelosi, a Representative-
elect from the State of California, and the Honorable John A. Boehner, 
a Representative-elect from the State of Ohio, have been placed in 
nomination.
  Are there further nominations?
  There being no further nominations, the Clerk appoints the following 
tellers:
  The gentleman from Pennsylvania (Mr. Brady);
  The gentleman from California (Mr. Daniel E. Lungren);
  The gentlewoman from Ohio (Ms. Kaptur); and
  The gentlewoman from Florida (Ms. Ros-Lehtinen).
  The tellers will come forward and take their seats at the desk in 
front of the Speaker's rostrum.
  The roll will now be called, and those responding to their names will 
indicate by surname the nominee of their choosing.
  The Reading Clerk will now call the roll.
  The tellers having taken their places, the House proceeded to vote 
for the Speaker.
  The following is the result of the vote:

                              [Roll No. 2]

                              PELOSI--255

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gillibrand
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis (CA)
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                              BOEHNER--174

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes

[[Page 4]]


     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--5

     Boehner
     Gutierrez
     Hastings (WA)
     Miller, Gary
     Rogers (MI)

                              {time}  1350

  The CLERK. The tellers agree in their tallies that the total number 
of votes cast is 429, of which the Honorable Nancy Pelosi of the State 
of California has received 255 votes, and the Honorable John A. Boehner 
of the State of Ohio has received 174 votes.
  Therefore, the Honorable Nancy Pelosi of the State of California, 
having received a majority of the votes cast, is duly elected Speaker 
of the House of Representatives for the 111th Congress.
  The Clerk appoints the following committee to escort the Speaker-
elect to the chair:
  The gentleman from Ohio (Mr. Boehner)
  The gentleman from Maryland (Mr. Hoyer)
  The gentleman from South Carolina (Mr. Clyburn)
  The gentleman from Virginia (Mr. Cantor)
  The gentleman from Connecticut (Mr. Larson)
  The gentleman from Indiana (Mr. Pence)
  The gentleman from California (Mr. Becerra)
  The gentleman from Michigan (Mr. McCotter)
  And the Members of the California delegation:
  Mr. Stark
  Mr. George Miller
  Mr. Waxman
  Mr. Lewis
  Mr. Dreier
  Mr. Berman
  Mr. Gallegly
  Mr. Herger
  Mr. Rohrabacher
  Ms. Waters
  Mr. Calvert
  Ms. Eshoo
  Mr. Filner
  Mr. McKeon
  Ms. Roybal-Allard
  Mr. Royce
  Ms. Woolsey
  Mr. Farr
  Ms. Zoe Lofgren
  Mr. Radanovich
  Mr. Sherman
  Ms. Loretta Sanchez
  Mrs. Tauscher
  Mrs. Capps
  Mrs. Bono Mack
  Ms. Lee
  Mr. Gary G. Miller
  Mrs. Napolitano
  Mr. Thompson
  Mr. Baca
  Ms. Harman
  Mrs. Davis
  Mr. Honda
  Mr. Issa
  Mr. Schiff
  Ms. Solis
  Ms. Watson
  Mr. Cardoza
  Mr. Nunes
  Ms. Linda T. Sanchez
  Mr. Daniel E. Lungren
  Mr. Costa
  Ms. Matsui
  Mr. Campbell
  Mr. Bilbray
  Mr. McCarthy
  Mr. McNerney
  Ms. Richardson
  Ms. Speier
  Mr. Hunter, and
  Mr. McClintock
  The committee will retire from the Chamber to escort the Speaker-
elect to the chair.
  The Majority Floor Services Chief announced the Speaker-elect of the 
House of Representatives of the 111th Congress, who was escorted to the 
chair by the Committee of Escort.
  Mr. BOEHNER. Madam Speaker, Leader Hoyer, fellow Members, and a 
special welcome to our new Members and their families and friends who 
are here today.
  We begin this new Congress at a great time of challenge for the 
American people. This winter, working families are struggling to pay 
their bills and keep their homes; small businesses are being forced to 
choose between cutting jobs and closing their doors; health costs are 
rising; college savings funds and 401(k)s have declined in value 
substantially; parents are deeply worried about their children's 
future.
  I think it's a time of anxiety for millions of Americans, some of 
whom face economic challenges not seen in this country for generations. 
When things are at their worst for the American people, we owe them our 
best. This Congress must rise to the occasion.
  Two weeks from today, we will inaugurate a new President. President-
elect Obama has expressed a desire to govern from the center and put 
the needs of our country first. I think all of you know Washington is a 
difficult town, and it won't always be easy for him to do these things. 
But when our new President extends his hand across the aisle to do what 
is right for our country, Republicans will extend ours in return.
  During the 111th Congress, Republicans will strive not to be the 
party of opposition, but the party of better solutions.
  President-elect Obama's calls for inclusiveness are already being put 
to the test. He's called on Congress to move quickly and in a 
bipartisan fashion on legislation to help our economy. And at this time 
of economic anxiety, the American people deserve open debate and 
transparency in their Congress--a key ingredient needed to produce good 
legislation. And my hope is we will adopt a Rules package for the new 
Congress that encourages transparency and debate and helps ensure our 
institution is accountable to the people it serves.
  Our Nation has faced adversity before, and we have never failed to 
meet the challenge. This is because America is a land of limitless 
potential, and when we harness the will of the American people, commit 
ourselves to making the most of the blessings God has bestowed on this 
great country, and bring all of these gifts to bear on a common goal, 
there is no obstacle that we cannot overcome.
  America's potential is unlimited, but government's potential is not. 
And we must not confuse the two.
  We can't simply spend our way back to prosperity. Our 
responsibilities as elected leaders in a flagging economy is to craft 
policies that allow our country's potential to be unleashed. America 
runs on freedom. It's the fuel of our economy, and it is the fuel of 
our democracy. The more we spend and the more we tax, the less freedom 
we will have left.
  So we need to take responsible action together to help put our 
economy back on a path toward prosperity. The months ahead can be a 
time of hope and renewal in America. The American people are giving 
their best. Here in Congress, we need to do the same.
  Madam Speaker, as we start the new Congress, we stand ready to work 
with you and your fellow Democrats for genuine solutions, for real 
reforms that put the needs of our country first and bring the blessings 
of liberty fully to bear on the challenges the American people face.
  In that spirit, it is my privilege to present to you the gavel of the 
111th Congress.
  Ms. PELOSI. Thank you very much, Leader Boehner.
  Together, we welcome the many new Members of Congress who today join 
the House of Representatives of the United States of America. 
Congratulations to all of our new Members and to our re-elected 
Members.
  Your constituents have placed great trust in you. Your families have 
given you the love and support to make your leadership possible. Let us 
join together now and salute the families of the 111th Congress.
  I also want to thank my own family: my husband of 45 years, Paul 
Pelosi; and our children, Nancy Corinne,

[[Page 5]]

Christine, Jacqueline, Paul, and Alexandra; and our grandchildren, 
Alexander and Madeleine, Liam, Sean, Ryan, Paulie, and Thomas.
  And I also want to acknowledge my brother, Thomas D'Alesandro, the 
former mayor of Baltimore.
  I wish to express my appreciation of the people of San Francisco for 
granting me the privilege of representing them and serving them in 
Congress.
  And I thank my caucus. Thank you, Mr. Hoyer, Mr. Clyburn; thank you, 
Mr. Larson, for your nomination this morning. Thank you to the Members 
of the caucus for granting me the historic opportunity of breaking the 
marble ceiling and to serve, once again, as the first woman Speaker of 
the House.
  Leader Boehner, thank you for your generous words and for your 
commitment to put country ahead of party. Without reservation, let us 
stand together, not just today, but in the days ahead to live up to 
that resolve.
  Few Congresses and few Presidents in history have been given the 
responsibility and the privilege of serving the Nation in a time of 
such profound challenge. We do so renewed and refreshed by the new 
Members who join our ranks today. Again, welcome to our new Members.
  It is in that spirit that I pledge to you--let us all pledge to the 
American people that we will look forward, not backward; we will join 
hands, not point fingers; we will rise to the challenge, recognizing 
that our love of country is stronger than any issue which may divide 
us.
  This is the lesson and the legacy of the last election: The American 
people demanded a new era of change and accountability. Yes, we have 
problems as grave as our country has faced in generations. But now we 
enter a new Congress with a new era with a powerful sense of hope and 
pride in our great country.
  Two weeks from today, as Mr. Boehner indicated, on the steps of this 
Capitol, we will inaugurate the 44th President of the United States. 
From the inaugural platform, he will walk down the long stretch of the 
National Mall and see the steps of the Lincoln Memorial from which Rev. 
Martin Luther King, Jr., called us to the deepest truth of our founding 
dream.
  When Barack Obama raises his right hand and takes the oath of office, 
we will know--and the world will witness--how far America has come. We 
will celebrate that moment, but recognize it as only a beginning.
  Together, with our new President, we, as a Congress and a country, 
must fulfill the rest of America's promise.
  All of that promise will not be redeemed quickly or easily, but it 
must be pursued urgently with spirited debate and without partisan 
deadlock or delay.
  Hardworking and still hopeful Americans who are losing their jobs, 
their businesses, their retirement savings, their homes that are facing 
foreclosure, cannot wait any longer for us to move from the depths of a 
recession to the solid ground of an honest and fair prosperity for the 
many, not just the few.
  We need action, and we need action now.
  Families and children without health care, and millions more who fear 
losing coverage or who are facing rising costs, cannot afford to wait 
any longer.
  We need action, and we need action now.
  States facing financial crises, which are threatening the education 
and the health of our children, the well-being of our seniors, and the 
public safety of our communities, cannot afford to wait any longer.
  We need action, and we need action now.
  Our country is challenged by the climate crisis, by the need for 
energy security, and the need for 21st-century infrastructure. On all 
of these issues and many more, we cannot afford to wait.
  Our Nation needs action, and we need action now.
  America's crises at home are matched by conflicts abroad--a terrorist 
threat that could strike there or here. We cannot afford to wait to 
renew our alliances, our leadership, and our respect in the world. We 
cannot afford to wait to deploy the power of our ideals. For the sake 
of our security, for the courageous Americans who serve on the front 
lines, and for our veterans who have bravely served our country, we 
cannot afford to wait to modernize and rebuild our military.
  Every chance we get we must express our appreciation to our heroic 
men and women in uniform and their families for their service and their 
sacrifice to our country.
  Let us show America and the world that we are equal to every test of 
a turbulent and unprecedented time. Let us listen to each other. Let us 
respect every voice and every view, and then together, let us act.

                              {time}  1415

  As we in Congress pledge to reach across the aisle, we recognize that 
history will measure this decisive moment not just by what we do here 
in Washington, but how we reflect and respect how all Americans work 
together for the common good to strengthen America's future and faith 
in itself.
  As we take the oath of office today, we accept a level of 
responsibility as daunting and demanding as any that previous 
generations of leadership have faced. With the help of God, the light 
of our values, the strength of the American people, and the hopes that 
we have for our children and their future, God will bless us so that 
America will continue to be as our Founders predicted more than 200 
years ago, ``a rising not a setting sun.''
  Today, Cardinal McCarrick honored us by asking God's blessing on our 
work. May God bless our work, and may God continue to bless America. 
Thank you all.
  I am now ready to take the oath of office as Speaker. Before I call 
the Dean of the Congress forward, I want to invite my grandchildren and 
any other children in the Congress--they've asked me can we come up 
again this year. They certainly can.
  Now, it is my privilege to ask the Dean of the House of 
Representatives, the Honorable John Dingell of Michigan, to administer 
the oath of office.
  Mr. Dingell then administered the oath of office to Ms. Pelosi of 
California, as follows:
  Do you solemnly swear that you will support and defend the 
Constitution of the United States against all enemies, foreign and 
domestic; that you will bear true faith and allegiance to the same; 
that you take this obligation freely, without any mental reservation or 
purpose of evasion; and that you will well and faithfully discharge the 
duties of the office on which you are about to enter, so help you God.
  (Applause, the Members rising.)
  Mr. DINGELL. Congratulations, Madam Speaker.
  The SPEAKER. I want to thank the children for joining me at the 
podium so that, as we called the House to order earlier today, it will 
be clear that the House will be called to order for all of America's 
children. And now I am going to administer the oath of office to your 
parents. You are welcome to stay here, or you may wish to join your 
parents as they take the oath of office.

                          ____________________




                         SWEARING IN OF MEMBERS

  The SPEAKER. According to precedent, the Chair will swear in the 
Members-elect en masse.
  The Members-elect and Delegates-elect and the Resident Commissioner-
elect rose, and the Speaker administered the oath of office to them as 
follows:
  Do you solemnly swear or affirm that you will support and defend the 
Constitution of the United States against all enemies, foreign and 
domestic; that you will bear true faith and allegiance to the same; 
that you take this obligation freely, without any mental reservation or 
purpose of evasion; and that you will well and faithfully discharge the 
duties of the office on which you are about to enter, so help you God.
  The SPEAKER. Congratulations. You are now Members of the 111th 
Congress.

                          ____________________




                            MAJORITY LEADER

  Mr. LARSON of Connecticut. Madam Speaker, as chairman of the 
Democratic Caucus, I have been directed to

[[Page 6]]

report to the House that the Democratic Members have selected as 
majority leader the gentleman from Maryland, master of the procedures 
of this floor, the Honorable Steny H. Hoyer.

                          ____________________




                            MINORITY LEADER

  Mr. PENCE. Madam Speaker, as chairman of the Republican Conference, I 
am directed by that conference to notify the House of Representatives 
officially that the Republican Members have selected as minority leader 
the gentleman from Ohio, the Honorable John A. Boehner.

                          ____________________




                             MAJORITY WHIP

  Mr. LARSON of Connecticut. Madam Speaker, as chairman of the 
Democratic Caucus, I have been directed to report to the House that the 
Democratic Members have selected as their majority whip the gentleman 
from South Carolina, the son of a preacher man, the Honorable James E. 
Clyburn.

                          ____________________




                             MINORITY WHIP

  Mr. PENCE. Madam Speaker, as Chair of the Republican Conference, I am 
directed by that conference to notify the House of Representatives 
officially that the Republican Members have selected as minority whip 
the gentleman from Virginia, the Honorable Eric Cantor.

                          ____________________




ELECTION OF CLERK OF THE HOUSE, SERGEANT AT ARMS, CHIEF ADMINISTRATIVE 
                          OFFICER AND CHAPLAIN

  Mr. BECERRA. Madam Speaker, I offer a privileged resolution and ask 
for its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 1

       Resolved, That Lorraine C. Miller of the State of Texas, 
     be, and is hereby, chosen Clerk of the House of 
     Representatives;
       That Wilson S. Livingood of the Commonwealth of Virginia 
     be, and is hereby, chosen Sergeant at Arms of the House of 
     Representatives;
       That Daniel P. Beard of the State of Maryland be, and is 
     hereby, chosen Chief Administrative Officer of the House of 
     Representatives; and
       That Father Daniel P. Coughlin of the State of Illinois, 
     be, and is hereby, chosen Chaplain of the House of 
     Representatives.

  Mr. BECERRA. Madam Speaker, I yield to the gentleman from Indiana 
(Mr. Pence) for the purpose of offering an amendment.
  Mr. PENCE. Madam Speaker, I have an amendment to the resolution, but 
before offering the amendment, I request that there be a division of 
the question on the resolution so that we may have a separate vote on 
the Chaplain.
  The SPEAKER. The question will be divided.
  The question is on agreeing to that portion of the resolution 
providing for the election of the Chaplain.
  That portion of the resolution was agreed to.
  A motion to reconsider was laid on the table.


                     Amendment Offered by Mr. Pence

  Mr. PENCE. Madam Speaker, I offer an amendment to the remainder of 
the resolution.
  The Clerk read as follows:

       Amendment offered by Mr. Pence:
       That Paula Nowakowski of the State of Michigan be, and is 
     hereby, chosen Clerk of the House of Representatives;
       That Steve Stombres of the Commonwealth of Virginia be, and 
     is hereby, chosen Sergeant at Arms of the House of 
     Representatives; and
       That Jo-Marie St. Martin of the State of Tennessee be, and 
     is hereby, chosen Chief Administrative Officer of the House 
     of Representatives.

  The SPEAKER. The question is on the amendment offered by the 
gentleman from Indiana.
  The amendment was rejected.
  The SPEAKER. The question is on the remainder of the resolution 
offered by the gentleman from California.
  The remainder of the resolution was agreed to.
  A motion to reconsider was laid on the table.
  The SPEAKER. The Chair will now swear in the officers of the House.
  The officers presented themselves in the well of the House and took 
the oath of office as follows:
  Do you solemnly swear or affirm that you will support and defend the 
Constitution of the United States against all enemies, foreign and 
domestic; that you will bear true faith and allegiance to the same; 
that you take this obligation freely, without any mental reservation or 
purpose of evasion; and that you will well and faithfully discharge the 
duties of the office on which you are about to enter, so help you God.
  The SPEAKER. Congratulations.

                          ____________________




                              {time}  1430
                       NOTIFICATION TO THE SENATE

  Mr. HOYER. Mr. Speaker, I offer a privileged resolution and ask for 
its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 2

       Resolved, That the Senate be informed that a quorum of the 
     House of Representatives has assembled; that Nancy Pelosi, a 
     Representative from the State of California, has been elected 
     Speaker; and Lorraine C. Miller, a citizen of the State of 
     Texas, has been elected Clerk of the House of Representatives 
     of the One Hundred Eleventh Congress.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                     COMMITTEE TO NOTIFY PRESIDENT

  Mr. HOYER. Mr. Speaker, I offer a privileged resolution and ask for 
its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 3

       Resolved, That a committee of two Members be appointed by 
     the Speaker on the part of the House of Representatives to 
     join with a committee on the part of the Senate to notify the 
     President of the United States that a quorum of each House 
     has assembled and Congress is ready to receive any 
     communication that he may be pleased to make.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




 APPOINTMENT AS MEMBERS OF COMMITTEE TO NOTIFY THE PRESIDENT, PURSUANT 
                         TO HOUSE RESOLUTION 3

  The SPEAKER pro tempore (Mr. Ross). Without objection, pursuant to 
House Resolution 3, the Chair announces the Speaker's appointment of 
the following Members to the committee on the part of the House to join 
a committee on the part of the Senate to notify the President of the 
United States that a quorum of each House has assembled and that 
Congress is ready to receive any communication that he may be pleased 
to make:
  The gentleman from Maryland (Mr. Hoyer) and
  The gentleman from Ohio (Mr. Boehner)
  There was no objection.

                          ____________________




 AUTHORIZING THE CLERK TO INFORM THE PRESIDENT OF THE UNITED STATES OF 
       THE ELECTION OF THE SPEAKER AND THE CLERK OF THE HOUSE OF 
                            REPRESENTATIVES

  Mr. DINGELL. Mr. Speaker, I offer a privileged resolution and ask for 
its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 4

       Resolved, That the Clerk be instructed to inform the 
     President of the United States that the House of 
     Representative has elected Nancy Pelosi, a Representative 
     from the State of California, Speaker; and Lorraine C. 
     Miller, a citizen of the State of Texas, Clerk of the House 
     of Representatives of the One Hundred Eleventh Congress.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                           RULES OF THE HOUSE

  Mr. HOYER. Mr. Speaker, I offer a privileged resolution and ask for 
its immediate consideration.
  The Clerk read the resolution, as follows:

[[Page 7]]



                               H. Res. 5

       Resolved, That the Rules of the House of Representatives of 
     the One Hundred Tenth Congress, including applicable 
     provisions of law or concurrent resolution that constituted 
     rules of the House at the end of the One Hundred Tenth 
     Congress, are adopted as the Rules of the House of 
     Representatives of the One Hundred Eleventh Congress, with 
     amendments to the standing rules as provided in section 2, 
     and with other orders as provided in sections 3, 4, and 5.

     SEC. 2. CHANGES TO THE STANDING RULES.

       (a) Inspector General Audits.--Amend clause 6(c)(1) of rule 
     II to read as follows:
       ``(1) provide audit, investigative, and advisory services 
     to the House and joint entities in a manner consistent with 
     government-wide standards;''.
       (b) Homeland Security.--In clause 3(g) of rule X, designate 
     the existing text as subparagraph (1) and add thereafter the 
     following new subparagraph:
       ``(2) In addition, the committee shall review and study on 
     a primary and continuing basis all Government activities, 
     programs, and organizations related to homeland security that 
     fall within its primary legislative jurisdiction.''.
       (c) Additional Functions of the Committee on House 
     Administration.--In clause 4(d)(1) of rule X--
       (1) redesignate subdivisions (B) and (C) as subdivisions 
     (C) and (D) and insert after subdivision (A) the following 
     new subdivision:
       ``(B) oversee the management of services provided to the 
     House by the Architect of the Capitol, except those services 
     that lie within the jurisdiction of the Committee on 
     Transportation and Infrastructure under clause 1(r);''; and
       (2) in subdivision (D) (as redesignated) strike ``(B)'' and 
     insert ``(C)''.
       (d) Terms of Committee Chairmen.--In clause 5 of rule X--
       (1) amend paragraph (a)(2)(C) to read as follows:
       ``(C) A Member, Delegate, or Resident Commissioner may 
     exceed the limitation of subdivision (B) if elected to serve 
     a second consecutive Congress as the chair or a second 
     consecutive Congress as the ranking minority member.''; and
       (2) in paragraph (c)--
       (A) strike the designation of subparagraph (1); and
       (B) strike subparagraph (2).
       (e) Calendar Wednesday.--
       (1) In clause 6 of rule XV--
       (A) in paragraph (a)--
       (i) strike ``the committees'' and insert ``those 
     committees''; and
       (ii) strike ``unless two-thirds'' and all that follows and 
     insert ``whose chair, or other member authorized by the 
     committee, has announced to the House a request for such call 
     on the preceding legislative day.''; and
       (B) strike paragraphs (c), (d), and (f) (and redesignate 
     paragraph (e) as paragraph (c)).
       (2) In clause 6(c) of rule XIII, strike subparagraph (1) 
     and the designation ``(2)''.
       (f) Postponement Authority.--In clause 1 of rule XIX, add 
     the following new paragraph:
       ``(c) Notwithstanding paragraph (a), when the previous 
     question is operating to adoption or passage of a measure 
     pursuant to a special order of business, the Chair may 
     postpone further consideration of such measure in the House 
     to such time as may be designated by the Speaker.''.
       (g) Instructions in the Motion To Recommit.--In clause 2(b) 
     of rule XIX--
       (1) designate the existing sentence as subparagraph (1);
       (2) in subparagraph (1) (as so designated)--
       (A) strike ``if''; and
       (B) strike ``includes instructions, it''; and
       (3) add the following new subparagraph at the end:
       ``(2) A motion to recommit a bill or joint resolution may 
     include instructions only in the form of a direction to 
     report an amendment or amendments back to the House 
     forthwith.''.
       (h) Conduct of Votes.--In clause 2(a) of rule XX, strike 
     ``A record vote by electronic device shall not be held open 
     for the sole purpose of reversing the outcome of such 
     vote.''.
       (i) General Appropriation Conference Reports.--In clause 9 
     of rule XXI--
       (1) insert after paragraph (a) the following new paragraph 
     (and redesignate succeeding paragraphs accordingly):
       ``(b) It shall not be in order to consider a conference 
     report to accompany a regular general appropriation bill 
     unless the joint explanatory statement prepared by the 
     managers on the part of the House and the managers on the 
     part of the Senate includes--
       ``(1) a list of congressional earmarks, limited tax 
     benefits, and limited tariff benefits in the conference 
     report or joint statement (and the name of any Member, 
     Delegate, Resident Commissioner, or Senator who submitted a 
     request to the House or Senate committees of jurisdiction for 
     each respective item included in such list) that were neither 
     committed to the conference committee by either House nor in 
     a report of a committee of either House on such bill or on a 
     companion measure; or
       ``(2) a statement that the proposition contains no 
     congressional earmarks, limited tax benefits, or limited 
     tariff benefits.''; and
       (2) in paragraph (c) (as redesignated)--
       (A) in the first sentence, after ``paragraph (a)'' insert 
     ``or (b)''; and
       (B) amend the second sentence to read as follows:
       ``As disposition of a point of order under this paragraph 
     or paragraph (b), the Chair shall put the question of 
     consideration with respect to the rule or order or conference 
     report, as applicable.''.
       (j) Paygo.--
       (1) Amend clause 10 of rule XXI to read as follows:
       ``10.(a)(1) Except as provided in paragraphs (b) and (c), 
     it shall not be in order to consider any bill, joint 
     resolution, amendment, or conference report if the provisions 
     of such measure affecting direct spending and revenues have 
     the net effect of increasing the deficit or reducing the 
     surplus for either the period comprising--
       ``(A) the current fiscal year, the budget year set forth in 
     the most recently completed concurrent resolution on the 
     budget, and the four fiscal years following that budget year; 
     or
       ``(B) the current fiscal year, the budget year set forth in 
     the most recently completed concurrent resolution on the 
     budget, and the nine fiscal years following that budget year.
       ``(2) The effect of such measure on the deficit or surplus 
     shall be determined on the basis of estimates made by the 
     Committee on the Budget relative to baseline estimates 
     supplied by the Congressional Budget Office consistent with 
     section 257 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       ``(b) If a bill, joint resolution, or amendment is 
     considered pursuant to a special order of the House directing 
     the Clerk to add as new matter at the end of such measure the 
     provisions of a separate measure as passed by the House, the 
     provisions of such separate measure as passed by the House 
     shall be included in the evaluation under paragraph (a) of 
     the bill, joint resolution, or amendment.
       ``(c)(1) Except as provided in subparagraph (2), the 
     evaluation under paragraph (a) shall exclude a provision 
     expressly designated as an emergency for purposes of pay-as-
     you-go principles in the case of a point of order under this 
     clause against consideration of--
       ``(A) a bill or joint resolution;
       ``(B) an amendment made in order as original text by a 
     special order of business;
       ``(C) a conference report; or
       ``(D) an amendment between the Houses.
       ``(2) In the case of an amendment (other than one specified 
     in subparagraph (1)) to a bill or joint resolution, the 
     evaluation under paragraph (a) shall give no cognizance to 
     any designation of emergency.
       ``(3) If a bill, a joint resolution, an amendment made in 
     order as original text by a special order of business, a 
     conference report, or an amendment between the Houses 
     includes a provision expressly designated as an emergency for 
     purposes of pay-as-you-go principles, the Chair shall put the 
     question of consideration with respect thereto.''.
       (2) In clause 7 of rule XXI, strike ``the period comprising 
     the current fiscal year and the five fiscal years beginning 
     with the fiscal year that ends in the following calendar year 
     or the period comprising the current fiscal year and the ten 
     fiscal years beginning with the fiscal year that ends in the 
     following calendar year'' and insert ``period described in 
     clause 10(a)''.
       (k) Disclosure by Members of Employment Negotiations.--In 
     clause 1 of rule XXVII, strike ``until after his or her 
     successor has been elected,''.
       (l) Gender Neutrality.--
       (1) In the standing rules--
       (A) strike ``chairman'' each place it appears and insert 
     ``chair''; and
       (B) strike ``Chairman'' each place it appears and insert 
     ``Chair'' (except in clause 4(a)(1)(B) of rule X).
       (2) In rule I--
       (A) in clause 1 strike ``his'';
       (B) in clause 7, strike ``his'' and insert ``such'';
       (C) in clause 8--
       (i) in paragraph (b)(1) strike ``his''; and
       (ii) in paragraph (b)(3)(B), strike ``his election and 
     whenever he deems'' and insert ``the election of the Speaker 
     and whenever''; and
       (D) in clause 12--
       (i) in paragraph (c) strike ``he'' and insert ``the 
     Speaker''; and
       (ii) in paragraph (d) strike ``his opinion'' and insert 
     ``the opinion of the Speaker''.
       (3) In rule II--
       (A) in clause 1--
       (i) strike ``his office'' and insert ``the office'';
       (ii) strike ``his knowledge and ability'' and insert ``the 
     knowledge and ability of the officer''; and
       (iii) strike ``his department'' and insert ``the department 
     concerned'';
       (B) in clause 2--
       (i) in paragraph (b) strike ``he is required to make'' and 
     insert ``required to be made by such officer'';
       (ii) in paragraph (g) strike ``his temporary absence or 
     disability'' and insert ``the temporary absence or disability 
     of the Clerk''; and
       (iii) in paragraph (i)(1) strike ``Whenever the Clerk is 
     acting as a supervisory authority over such staff, he'' and 
     insert ``When acting as a supervisory authority over such 
     staff, the Clerk''; and

[[Page 8]]

       (C) in clause 3--
       (i) in paragraph (a) strike ``him'' and insert ``the 
     Sergeant-at-Arms'';
       (ii) in paragraph (b) strike ``him'' and insert ``the 
     Sergeant-at-Arms'';
       (iii) in paragraph (c) strike ``his employees'' and insert 
     ``employees of the office of the Sergeant-at-Arms''; and
       (iv) in paragraph (d)--

       (I) strike ``; and'' and insert ``and,''; and
       (II) strike ``he''.

       (4) In rule III--
       (A) in clause 1 strike ``he has'' and insert ``having''; 
     and
       (B) in clause 2(a)--
       (i) strike ``his vote'' and insert ``the vote of such 
     Member''; and
       (ii) strike ``his presence'' and insert ``the presence of 
     such Member''.
       (5) In rule IV--
       (A) in clause 4(a) strike ``he or she'' and insert ``such 
     individual''; and
       (B) in clause 6(b) strike ``his family'' and insert ``the 
     family of such individual''.
       (6) In rule V--
       (A) strike ``administer a system subject to his direction 
     and control'' each place it appears and insert ``administer, 
     direct, and control a system'';
       (B) strike ``he'' each place it appears and insert ``the 
     Speaker''; and
       (C) in clause 3 strike ``his'' and insert ``the''.
       (7) In rule VI, strike ``he'' each place it appears and 
     insert ``the Speaker''.
       (8) In clause 7 of rule VII, strike ``his office'' each 
     place it appears and insert ``the office of the Clerk''.
       (9) In clause 6(b) of rule VIII, strike ``he'' and insert 
     ``the Speaker''.
       (10) In clause 2(a)(1) of rule IX, strike ``his'' and 
     insert ``an''.
       (11) In rule X--
       (A) in clause 4(f)(1), strike ``President submits his 
     budget'' and insert ``submission of the budget by the 
     President'';
       (B) in clause 5--
       (i) in paragraph (a)(4)--

       (I) strike ``his designee'' each place it appears and 
     insert ``a designee''; and
       (II) strike ``his respective party'' each place it appears 
     and insert ``the respective party of such individual'';

       (ii) in paragraph (b)(1) strike ``he was''; and
       (iii) in paragraph (c) strike ``chairmanship'' and insert 
     ``chair'';
       (C) in clause 8--
       (i) strike ``his expenses'' each place it appears and 
     insert ``the expenses of such individual''; and
       (ii) strike ``he'' each place it appears;
       (D) in clause 10(a) strike ``he is''; and
       (E) in clause 11--
       (i) in paragraph (a)(3) strike ``member of his leadership 
     staff to assist him in his capacity'' and insert ``respective 
     leadership staff member to assist in the capacity of the 
     Speaker or Minority Leader'';
       (ii) in paragraph (e)(1) strike ``his employment or 
     contractual agreement'' and insert ``the employment or 
     contractual agreement of such employee or person''; and
       (iii) in paragraph (g)(2)--

       (I) in subdivision (B)--

       (aa) strike ``he'' and insert ``the President''; and
       (bb) strike ``his''; and

       (II) in subdivision (C) strike ``his''.

       (12) In rule XI--
       (A) in clause 2--
       (i) in paragraph (c)(1) strike ``he'' and insert ``the 
     chair''; and
       (ii) in paragraph (k)(9) strike ``his testimony'' and 
     insert ``the testimony of such witness'';
       (B) in clause 3--
       (i) in paragraph (a) strike ``his duties or the discharge 
     of his responsibilities'' each place it appears and insert 
     ``the duties or the discharge of the responsibilities of such 
     individual'';
       (ii) in paragraph (b)--

       (I) in subparagraph (2)(B) strike ``he'' and insert ``such 
     Member, Delegate, or Resident Commissioner''; and
       (II) in subparagraph (5) strike ``disqualify himself'' and 
     insert ``seek disqualification'';

       (iii) in paragraph (g)--

       (I) in subparagraph (1)(B) strike ``he is'';
       (II) in subparagraph (1)(E) strike ``his or her employment 
     or duties with the committee'' and insert ``the employment or 
     duties with the committee of such individual''; and
       (III) in subparagraph (4)--

       (aa) strike ``his or her personal staff'' and insert ``the 
     respective personal staff of the chair or ranking minority 
     member''; and
       (bb) strike ``he'' and insert ``the chair or ranking 
     minority member'';
       (iv) in paragraph (p)--

       (I) in subparagraph (2) strike ``his counsel'' and insert 
     ``the counsel of the respondent'';
       (II) in subparagraph (4)--

       (aa) strike ``his or her counsel'' and insert ``the counsel 
     of the respondent''; and
       (bb) strike ``his counsel'' and insert ``the counsel of the 
     respondent'';

       (III) in subparagraph (7) strike ``his counsel'' and insert 
     ``the counsel of a respondent''; and
       (IV) in subparagraph (8) strike ``him'' and insert ``the 
     respondent''; and

       (v) in paragraph (q) strike ``his or her'' and insert 
     ``the''.
       (13) In rule XII--
       (A) in clause 2(c)(1) strike ``he'' and insert ``the 
     Speaker''; and
       (B) in clause 3 strike ``he shall endorse his name'' and 
     insert ``the Member, Delegate, or Resident Commissioner shall 
     sign it''.
       (14) In clause 6(d) of rule XIII, strike ``his''.
       (15) In clause 4(c)(1) of rule XVI strike ``his 
     discretion'' and insert ``the discretion of the Speaker''.
       (16) In rule XVII--
       (A) in clause 1(a) strike ``himself to `Mr. Speaker''' and 
     insert ``the Speaker'';
       (B) in clause 6 strike ``his discretion'' and insert ``the 
     discretion of the Chair''; and
       (C) in clause 9 strike ``he'' each place it appears and 
     insert ``such individual''.
       (17) In clause 6 of rule XVIII, strike ``he'' each place it 
     appears and insert ``the Chair''.
       (18) In rule XX--
       (A) in clause 5--
       (i) in paragraph (b) strike ``him'' and insert ``the 
     Sergeant-at-Arms'';
       (ii) in paragraph (c)(3)(B)(I) strike ``his'' and insert 
     ``a''; and
       (iii) in paragraph (d) strike ``he'' and insert ``the 
     Speaker''; and
       (B) in clause 6(b)--
       (i) strike ``he'' and insert ``the Member''; and
       (ii) strike ``his'' and insert ``such''.
       (19) In clause 7(c)(1) of rule XXII, strike ``his''.
       (20) In rule XXIII--
       (A) in clause 1 strike ``conduct himself'' and insert 
     ``behave'';
       (B) in clause 3--
       (i) strike ``his beneficial interest'' and insert ``the 
     beneficial interest of such individual''; and
       (ii) strike ``his position'' and insert ``the position of 
     such individual''
       (C) in clause 6--
       (i) in paragraph (a)--

       (I) strike ``his campaign funds'' and insert ``the campaign 
     funds of such individual''; and
       (II) strike ``his personal funds'' and insert ``the 
     personal funds of such individual''; and

       (ii) in paragraph (c) strike ``his campaign account'' and 
     insert ``a campaign accounts of such individual'';
       (D) in clause 8--
       (i) in paragraph (a) strike ``he'' and insert ``such 
     employee''; and
       (ii) in paragraph (c)--

       (I) in subparagraph (1)(A) after ``his spouse'' insert 
     ``the spouse of such individual''; and
       (II) in subparagraph (1)(B) strike ``his spouse'' and 
     insert ``the spouse of such employee'';

       (E) in clause 10--
       (i) strike ``he is a'' and insert ``such individual is a'';
       (ii) strike ``his innocence'' and insert ``the innocence of 
     such Member''; and
       (iii) strike ``he is reelected'' and insert ``the Member is 
     reelected''; and
       (F) in clause 12(b)--
       (i) strike ``advises his employing authority'' and insert 
     ``advises the employing authority of such employee''; and
       (ii) strike ``from his'' and insert ``from such''; and
       (G) in clause 15 strike ``his or her family member'' each 
     place it appears and insert ``a family member of a Member, 
     Delegate, or Resident Commissioner''.
       (21) In rule XXIV--
       (A) in clause 1--
       (i) in paragraph (a) strike ``his use'' and insert ``the 
     use of such individual''; and
       (ii) in paragraph (b)(1) strike ``his principal campaign 
     committee'' and insert ``the principal campaign committee of 
     such individual'';
       (B) in clause 7 strike ``he was'';
       (C) in clause 8 strike ``he is'' and insert ``such 
     individual is''; and
       (D) in clause 10 strike ``he was'' and insert ``such 
     individual was''.
       (22) In rule XXV--
       (A) in clause 2(b) strike ``his name'' and insert ``the 
     name of such individual'';
       (B) in clause 4--
       (i) in paragraph (c) strike ``his residence or principal 
     place of employment'' and insert ``the residence or principal 
     place of employment of such individual''; and
       (ii) in paragraph (d)(1)--

       (I) in subdivision (B) strike ``he'' and insert ``such 
     individual'';
       (II) in subdivision (C) strike ``him'' and insert ``such 
     individual''; and
       (III) in subdivision (D)--

       (aa) strike ``he or his family'' and insert ``such 
     individual or the family of such individual''; and
       (bb) strike ``him'' and insert ``such individual'';
       (C) in clause 5--
       (i) strike ``his official position'' each place it appears 
     and insert ``the official position of such individual'';
       (ii) strike ``his actual knowledge'' each place it appears 
     and insert ``the actual knowledge of such individual'';
       (iii) strike ``his duties'' each place it appears and 
     insert ``the duties of such individual'';
       (iv) in paragraph (a)(3)(D)(ii)(I) strike ``his 
     relationship'' and insert ``the relationship of such 
     individual''; and
       (v) in paragraph (a)(3)(G)(i) strike ``his spouse'' and 
     insert ``the spouse of such individual'';
       (D) in clause 6--
       (i) strike ``he acts'' and insert ``acting''; and

[[Page 9]]

       (ii) strike ``he is''; and
       (E) in clause 8 strike ``his or her'' and insert ``the''.
       (23) In clause 1 of rule XXVI, strike ``him'' and insert 
     ``the Clerk''.
       (24) In clause 2 of rule XXVII, strike ``he or she'' and 
     insert ``such individual''.
       (25) In clause 2 of rule XXIX, strike ``the masculine 
     gender include the feminine'' and insert ``one gender include 
     the other''.
       (m) Technical and Codifying Changes.--
       (1) In clause 2(h) of rule II, strike ``not in session'' 
     and insert in lieu thereof ``in recess or adjournment''.
       (2) In clause 4(b) of rule IV, strike ``regulations that 
     exempt'' and insert in lieu thereof ``regulations to carry 
     out this rule including regulations that exempt''.
       (3) In clause 5(c) of rule X--
       (A) strike ``temporary absence of the chairman'' and insert 
     in lieu thereof ``absence of the member serving as chair''; 
     and
       (B) strike ``permanent''.
       (4) In clause 7(e) of rule X, strike ``signed by'' and all 
     that follows, and insert in lieu thereof ``signed by the 
     ranking member of the committee as it was constituted at the 
     expiration of the preceding Congress who is a member of the 
     majority party in the present Congress.''.
       (5) In clause 8(a) of rule X, strike ``clauses 6 and 8'' 
     and insert in lieu thereof ``clause 6''.
       (6) In clause 2(a) of rule XIII ---
       (A) in subparagraph (1), strike ``as privileged''; and
       (B) in subparagraph (2), insert ``(other than those filed 
     as privileged)'' after ``reported adversely''.
       (7) In clause 5(c)(3) of rule XX, strike ``clause 5(a) of 
     rule XX'' and insert ``paragraph (a)''.
       (8) In clause 6(c) of rule XX, after ``yeas and nays'' 
     insert ``ordered under this clause''.
       (9) In clause 7(c)(3) of rule XXII, strike ``motion meets'' 
     and insert in lieu thereof ``proponent meets''.
       (10) In clause 1(b)(2) of rule XXIV, strike ``office space, 
     furniture, or equipment, and'' and insert in lieu thereof 
     ``office space, office furniture, office equipment, or''.
       (11) In clause 5(i)(2) of rule XXV, strike ``paragraph 
     (1)(A)'' and insert ``subparagraph (1)(A)''.

     SEC. 3. SEPARATE ORDERS.

       (a) Budget Matters.--
       (1) During the One Hundred Eleventh Congress, references in 
     section 306 of the Congressional Budget Act of 1974 to a 
     resolution shall be construed in the House of Representatives 
     as references to a joint resolution.
       (2) During the One Hundred Eleventh Congress, in the case 
     of a reported bill or joint resolution considered pursuant to 
     a special order of business, a point of order under section 
     303 of the Congressional Budget Act of 1974 shall be 
     determined on the basis of the text made in order as an 
     original bill or joint resolution for the purpose of 
     amendment or to the text on which the previous question is 
     ordered directly to passage, as the case may be.
       (3) During the One Hundred Eleventh Congress, a provision 
     in a bill or joint resolution, or in an amendment thereto or 
     a conference report thereon, that establishes prospectively 
     for a Federal office or position a specified or minimum level 
     of compensation to be funded by annual discretionary 
     appropriations shall not be considered as providing new 
     entitlement authority within the meaning of the Congressional 
     Budget Act of 1974.
       (4)(A) During the One Hundred Eleventh Congress, except as 
     provided in subsection (C), a motion that the Committee of 
     the Whole rise and report a bill to the House shall not be in 
     order if the bill, as amended, exceeds an applicable 
     allocation of new budget authority under section 302(b) of 
     the Congressional Budget Act of 1974, as estimated by the 
     Committee on the Budget.
       (B) If a point of order under subsection (A) is sustained, 
     the Chair shall put the question: ``Shall the Committee of 
     the Whole rise and report the bill to the House with such 
     amendments as may have been adopted notwithstanding that the 
     bill exceeds its allocation of new budget authority under 
     section 302(b) of the Congressional Budget Act of 1974?''. 
     Such question shall be debatable for 10 minutes equally 
     divided and controlled by a proponent of the question and an 
     opponent but shall be decided without intervening motion.
       (C) Subsection (A) shall not apply--
       (i) to a motion offered under clause 2(d) of rule XXI; or
       (ii) after disposition of a question under subsection (B) 
     on a given bill.
       (D) If a question under subsection (B) is decided in the 
     negative, no further amendment shall be in order except--
       (i) one proper amendment, which shall be debatable for 10 
     minutes equally divided and controlled by the proponent and 
     an opponent, shall not be subject to amendment, and shall not 
     be subject to a demand for division of the question in the 
     House or in the Committee of the Whole; and
       (ii) pro forma amendments, if offered by the chair or 
     ranking minority member of the Committee on Appropriations or 
     their designees, for the purpose of debate.
       (b) Certain Subcommittees.--Notwithstanding clause 5(d) of 
     rule X, during the One Hundred Eleventh Congress--
       (1) the Committee on Armed Services may have not more than 
     seven subcommittees;
       (2) the Committee on Foreign Affairs may have not more than 
     seven subcommittees; and
       (3) the Committee on Transportation and Infrastructure may 
     have not more than six subcommittees.
       (c) Exercise Facilities for Former Members.--During the One 
     Hundred Eleventh Congress--
       (1) The House of Representatives may not provide access to 
     any exercise facility which is made available exclusively to 
     Members and former Members, officers and former officers of 
     the House of Representatives, and their spouses to any former 
     Member, former officer, or spouse who is a lobbyist 
     registered under the Lobbying Disclosure Act of 1995 or any 
     successor statute or agent of a foreign principal as defined 
     in clause 5 of rule XXV. For purposes of this section, the 
     term ``Member'' includes a Delegate or Resident Commissioner 
     to the Congress.
       (2) The Committee on House Administration shall promulgate 
     regulations to carry out this subsection.
       (d) Numbering of Bills.--In the One Hundred Eleventh 
     Congress, the first 10 numbers for bills (H.R. 1 through H.R. 
     10) shall be reserved for assignment by the Speaker.
       (e) Medicare Cost Containment.--Section 803 of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     shall not apply during the One Hundred Eleventh Congress.

     SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE OFFICES.

       (a) Select Committee on Energy Independence and Global 
     Warming.--
       (1) Establishment; composition.--
       (A) Establishment.--There is hereby established a Select 
     Committee on Energy Independence and Global Warming 
     (hereinafter in this section referred to as the ``select 
     committee'').
       (B) Composition.--The select committee shall be composed of 
     15 members appointed by the Speaker, of whom 6 shall be 
     appointed on the recommendation of the Minority Leader. The 
     Speaker shall designate one member of the select committee as 
     its chair. A vacancy in the membership of the select 
     committee shall be filled in the same manner as the original 
     appointment.
       (2) Jurisdiction; functions.--
       (A) Legislative jurisdiction.--The select committee shall 
     not have legislative jurisdiction and shall have no authority 
     to take legislative action on any bill or resolution.
       (B) Investigative jurisdiction.--The sole authority of the 
     select committee shall be to investigate, study, make 
     findings, and develop recommendations on policies, 
     strategies, technologies and other innovations, intended to 
     reduce the dependence of the United States on foreign sources 
     of energy and achieve substantial and permanent reductions in 
     emissions and other activities that contribute to climate 
     change and global warming.
       (3) Procedure.--(A) Except as specified in paragraph (2), 
     the select committee shall have the authorities and 
     responsibilities of, and shall be subject to the same 
     limitations and restrictions as, a standing committee of the 
     House, and shall be deemed a committee of the House for all 
     purposes of law or rule.
       (B)(i) Rules X and XI shall apply to the select committee 
     where not inconsistent with this resolution.
       (ii) Service on the select committee shall not count 
     against the limitations in clause 5(b)(2) of rule X.
       (4) Funding.--To enable the select committee to carry out 
     the purposes of this section--
       (A) the select committee may use the services of staff of 
     the House; and
       (B) the select committee shall be eligible for interim 
     funding pursuant to clause 7 of rule X.
       (5) Reporting.--The select committee may report to the 
     House from time to time the results of its investigations and 
     studies, together with such detailed findings and 
     recommendations as it may deem advisable. All such reports 
     shall be submitted to the House by December 31, 2010.
       (b) House Democracy Assistance Commission.--House 
     Resolution 24, One Hundred Tenth Congress, shall apply in the 
     One Hundred Eleventh Congress in the same manner as such 
     resolution applied in the One Hundred Tenth Congress.
       (c) Tom Lantos Human Rights Commission.--Sections 1 through 
     7 of House Resolution 1451, One Hundred Tenth Congress, shall 
     apply in the One Hundred Eleventh Congress in the same manner 
     as such provisions applied in the One Hundred Tenth Congress, 
     except that --
       (1) the Tom Lantos Human Rights Commission may, in addition 
     to collaborating closely with other professional staff 
     members of the Committee on Foreign Affairs, collaborate 
     closely with professional staff members of other relevant 
     committees; and
       (2) the resources of the Committee on Foreign Affairs which 
     the Commission may use shall include all resources which the 
     Committee is authorized to obtain from other offices of the 
     House of Representatives.
       (d) Office of Congressional Ethics.-- Section 1 of House 
     Resolution 895, One Hundred Tenth Congress, shall apply in 
     the One Hundred Eleventh Congress in the same

[[Page 10]]

     manner as such provision applied in the One Hundred Tenth 
     Congress, except that the Office of Congressional Ethics 
     shall be treated as a standing committee of the House for 
     purposes of section 202(i) of the Legislative Reorganization 
     Act of 1946 (2 U.S.C. 72a(i)).
       (e) Empanelling Investigative Subcommittee of the Committee 
     on Standards of Official Conduct.--The text of House 
     Resolution 451, One Hundred Tenth Congress, shall apply in 
     the One Hundred Eleventh Congress in the same manner as such 
     provision applied in the One Hundred Tenth Congress.
       (f) Continuing Authorities for the Committee on the 
     Judiciary and the Office of General Counsel.--
       (1) The House authorizes--
       (A) the Committee on the Judiciary of the 111th Congress to 
     act as the successor in interest to the Committee on the 
     Judiciary of the 110th Congress with respect to the civil 
     action Committee on the Judiciary v. Harriet Meirs et al., 
     filed by the Committee on the Judiciary in the 110th Congress 
     pursuant to House Resolution 980; and
       (B) the chair of the Committee on the Judiciary (when 
     elected), on behalf of the Committee on the Judiciary, and 
     the Office of General Counsel to take such steps as may be 
     appropriate to ensure continuation of such civil action, 
     including amending the complaint as circumstances may 
     warrant.
       (2)(A) The House authorizes--
       (i) the Committee on the Judiciary to take depositions by a 
     member or counsel of the committee related to the 
     investigation into the firing of certain United States 
     Attorneys and related matters; and
       (ii) the chair of the Committee on the Judiciary (when 
     elected), on behalf of the Committee on the Judiciary, to 
     issue subpoenas related to the investigation into the firing 
     of certain United States Attorneys and related matters 
     including for the purpose of taking depositions by a member 
     or counsel of the committee.
       (B) Depositions taken under the authority prescribed in 
     this paragraph shall be governed by the procedures submitted 
     for printing in the Congressional Record by the chair of the 
     Committee on Rules (when elected) or by such other procedures 
     as the Committee on the Judiciary shall prescribe.
       (3) The House authorizes the chair of the Committee on the 
     Judiciary (when elected), on behalf of the Committee on the 
     Judiciary, and the Office of General Counsel to petition to 
     join as a party to the civil action referenced in paragraph 
     (1) any individual subpoenaed by the Committee on the 
     Judiciary of the 110th Congress as part of its investigation 
     into the firing of certain United States Attorneys and 
     related matters who failed to comply with such subpoena or, 
     at the authorization of the Speaker after consultation with 
     the Bipartisan Legal Advisory Group, to initiate judicial 
     proceedings concerning the enforcement of subpoenas issued to 
     such individuals.

     SEC. 5. SPECIAL ORDERS OF BUSINESS.

       (a) Lilly Ledbetter Fair Pay Act.--Upon the adoption of 
     this resolution it shall be in order to consider in the House 
     the bill (H.R. 11) to amend title VII of the Civil Rights Act 
     of 1964, the Age Discrimination in Employment Act of 1967, 
     the Americans With Disabilities Act of 1990, and the 
     Rehabilitation Act of 1973 to clarify that a discriminatory 
     compensation decision or other practice that is unlawful 
     under such Acts occurs each time compensation is paid 
     pursuant to the discriminatory compensation decision or other 
     practice, and for other purposes. All points of order against 
     the bill and against its consideration are waived except 
     those arising under clause 9 or 10 of rule XXI. The bill 
     shall be considered as read. The previous question shall be 
     considered as ordered on the bill to final passage without 
     intervening motion except: (1) one hour of debate equally 
     divided and controlled by the Majority Leader and the 
     Minority Leader or their designees; and (2) one motion to 
     recommit.
       (b)(1) Paycheck Fairness Act.--Upon the adoption of this 
     resolution it shall be in order to consider in the House the 
     bill (H.R. 12) to amend the Fair Labor Standards Act of 1938 
     to provide more effective remedies to victims of 
     discrimination in the payment of wages on the basis of sex, 
     and for other purposes. All points of order against the bill 
     and against its consideration are waived except those arising 
     under clause 9 or 10 of rule XXI. The bill shall be 
     considered as read. The previous question shall be considered 
     as ordered on the bill to final passage without intervening 
     motion except: (1) one hour of debate equally divided and 
     controlled by the Majority Leader and the Minority Leader or 
     their designees; and (2) one motion to recommit.
       (2) In the engrossment of H.R. 11, the Clerk shall--
       (A) add the text of H.R. 12, as passed by the House, as new 
     matter at the end of H.R. 11;
       (B) conform the title of H.R. 11 to reflect the addition to 
     the engrossment of H.R. 12;
       (C) assign appropriate designations to provisions within 
     the engrossment; and
       (D) conform provisions for short titles within the 
     engrossment.
       (3) Upon the addition of the text of H.R. 12 to the 
     engrossment of H.R. 11, H.R. 12 shall be laid on the table.

  Mr. HOYER (during the reading). Mr. Speaker, I ask unanimous consent 
that the resolution be considered as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Maryland is recognized 
for 1 hour.
  Mr. HOYER. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentleman from Ohio (Mr. Boehner), or his 
designee, pending which I yield myself such time as I may consume. 
During consideration of the resolution, all time yielded is for 
purposes of debate only.
  Mr. Speaker, 2 years ago Democrats were elected to the majority with 
a pledge that under our leadership the House would dedicate itself to 
integrity and accountability. We believe we kept that promise.
  Today, gifts from lobbyists are banned, the use of corporate jets is 
prohibited, the earmark process is transparent, all House employees are 
trained in ethics, and an independent Office of Congressional Ethics 
has been established.
  But we also understand that holding this House to high standards is 
not simply the work of one session or one resolution or, indeed, one 
Congress. It is a project for all of us to renew year after year. I 
would like to touch on some of the most important new standards for the 
111th Congress: a new rules package that will ensure that the House 
does the people's work ethically and efficiently.
  First, we understand that ``revolving door'' between the public and 
private sectors can compromise the independence of judgment that voters 
want and deserve. That is why these new rules will prevent ``lame 
duck'' Members from negotiating employment contracts in secret before 
their terms expire.
  Secondly, the rules will no longer set term limits for committee 
Chairs. I understand that our Republican colleagues once wrote term 
limits into the rules in an effort against the entrenched power. But it 
is now clear that that effort fell victim to what conservatives like to 
call the law of unintended consequences.
  With chairmanships up for grabs so frequently, fundraising ability 
became one of the most important for job qualification, and legislative 
skill was sacrificed to political considerations.
  Third, these rules limit the abuse of motions to recommit. We invite 
good-faith efforts to improve legislation. And in these hard times, we 
need the Republican Party to be constructive partners in policy making. 
We welcome it. But we all understand which motions are not offered in 
good faith. Those are the motions that attempt to kill bills through 
parliamentary tricks and waste our constituents' time on ``gotcha'' 
politics.
  Fourth, we are continuing our work to reform earmarks, removing 
loopholes that allow Members to make some earmarks in secret.
  Fifth and finally, these rules confirm our commitment to fiscal 
responsibility.
  A binge of borrowing has weakened our economy, tied our hands in a 
financial crisis, and saddled our children and grandchildren with $9 
trillion in foreign-owned debt. That recklessness must end, and these 
rules will help end it.
  Mr. Speaker, these rules embody our vision for the House as an 
institution: a place that debates constructively, spends wisely, and 
lives in the actions of all its Members and all its staff by a standard 
we can be proud of.
  That is our vision for this House, and I urge my colleagues to adopt 
these rules.
  Mr. Speaker, I ask unanimous consent that the balance of my time be 
controlled by the chairwoman of the Rules Committee, the distinguished 
gentlewoman from New York, Chairwoman Slaughter.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Ms. SLAUGHTER. Mr. Speaker, I yield myself such time as I may 
consume.

[[Page 11]]

  I want to begin by thanking the gentleman from Maryland for his 
statement and yielding me the time to present the opening day's rules 
package for the 111th Congress.
  Mr. Speaker, rarely has our great Nation faced such grave challenges. 
Millions of Americans are without jobs and consequently also without 
health insurance. Our troops are fighting two wars overseas. And as our 
economy spirals downward, Americans from coast to coast are struggling 
to make ends meet.
  But there is reason to hope. In fewer than 14 days, a new President 
will be sworn in. And President-elect Barack Obama, the House Democrats 
and I, and my Republican friends are committed to rolling up our 
sleeves and getting to work immediately to solve the critical 
challenges that face our Nation.
  On this day I am honored to address the House at the beginning of the 
111th Congress to present the rules package that will govern this body 
as we work to meet the needs of American families over the next 2 
years.
  It is the responsibility of the majority to protect and enhance the 
integrity of the institution, and that is what this rules package does. 
Through building upon the important rules changes that Democrats 
implemented during the last Congress, we are keeping our commitment to 
the American people to restore accountability and honesty to 
government.
  In the 110th Congress, Democrats put forth critical measures to 
restore transparency to the House. We banned gifts from lobbyists. We 
prohibited the use of corporate jets. We mandated ethics training for 
all House employees. We ensured transparency for earmarks by requiring 
the full disclosure of earmarks in all bills and conference reports. We 
established an independent Office of Congressional Ethics. And today we 
are building on our commitment to the American people to further 
strengthen the integrity of this institution in the 111th Congress.
  By closing the loophole that allowed ``lame duck'' Members to 
negotiate employment contracts in secret, we are opening the doors of 
Congress and shedding light upon the process. By codifying the 
additional earmark reforms adopted mid-term in the 110th Congress, 
coupled with the ongoing rules that required the Members' signatures 
and their reasons for their requests, we are permanently strengthening 
earlier comprehensive reforms, resulting in even further transparency 
and accountability in the earmark process.
  By making commonsense changes to the motion to recommit, we are 
helping Congress to function more effectively while preserving the 
minority's legitimate right to present their policy alternatives 
through offering a motion that amends the bill or a ``straight'' motion 
that sends the bill back to committee without amendment.
  By removing reference to term limits for committee Chairs from this 
package, we take away what was from the first a political consideration 
to eliminate that from the official House rules where they don't 
belong. And by maintaining strong PAYGO rules, we are demonstrating our 
strong commitment to fiscal discipline.
  These important measures make good sense to protect the integrity of 
this institution and to enable Congress to help America get back on 
track. Today, we are not only harnessing the belief that we can 
continue to restore integrity and accountability to Congress, we are 
also laying down a strong foundation for House action on the grave 
challenges that face this great Nation.
  Mr. Speaker and my friends on both sides of the aisle, the American 
people know exactly what's at stake over the next few years, which is 
why they have resoundingly raised their voices for change, and 
Democrats are listening. We are ready to help put Americans back to 
work by investing in job creation initiatives, strengthening our 
economy. We are ready to fix our broken health care system so that 
every citizen can get quality, affordable health care that they 
desperately need and are entitled to. We are ready to cultivate a clean 
energy economy by turning wind into energy, energy investments into 
innovation, and innovation into good-paying American jobs.
  We are ready to begin responsibly withdrawing troops from Iraq, ready 
to ensure quality education for our young people, ready to continue 
making the tough choices that the American people elected us to make.
  Yet in order for us to begin addressing these pressing challenges, we 
must ensure that Congress continues to put integrity and accountability 
at the heart of our daily actions. I can think of no better way to do 
that than by adopting these amendments to the House rules.
  Mr. Speaker, it will be a long and difficult journey to strengthen 
our economy, to reform the health care system, and create a clean 
energy future worthy of our children and grandchildren. But the rules 
package before us today is an important first step, one that will 
ensure integrity in Congress as we move forward on this pivotal path.
  It is time to reinvigorate America. It's time to make history. And 
let us begin.
  Mr. Speaker, I urge adoption of this commonsense rules package to 
allow the House to operate more effectively and productively in solving 
the challenges facing our great Nation while strengthening our 
integrity in Congress.

           Section-by-Section of Rule Changes--111th Congress

       The changes in the standing rules of the House made by 
     House Resolution 5 include the following:

     SEC. 2. CHANGES TO THE STANDING RULES.

       (a) Inspector General Audits.--
       In response to the recommendation of the chairman and 
     ranking minority member of the Committee on House 
     Administration, this provision amends clause 6(c)(1) of rule 
     II to clarify the non-traditional audit work that the 
     Inspector General does in the areas of business process 
     improvements, services to enhance the efficiency of House 
     support operations, and risk management assessments. The 
     change also will allow the Inspector General to implement 
     guidance and standards published in the Government 
     Accountability Office's Government Auditing Standards.
       (b) Homeland Security.--
       This provision amends clause 3(g) of rule X to direct the 
     Committee on Homeland Security to review and study on a 
     primary and continuing basis all Government activities, 
     programs, and organizations relating to homeland security 
     within its primary legislative jurisdiction.
       Nothing in this rule shall affect the oversight or 
     legislative authority of other committees under the Rules of 
     the House.
       The change in clause 3 of rule X clarifies the Committee on 
     Homeland Security's oversight jurisdiction over government 
     activities relating to homeland security within its primary 
     legislative jurisdiction, including the interaction of all 
     departments and agencies with the Department of Homeland 
     Security. Consistent with the designation of the Committee on 
     Homeland Security as the committee of oversight in these 
     vital areas, the House expects that the President and the 
     relevant executive agencies will forward copies of all 
     reports in this area, in addition to those already covered by 
     clause 2(b) of rule XIV, to the Committee on Homeland 
     Security to assist it in carrying out this important 
     responsibility.
       This change is meant to clarify that the various agencies 
     have a reporting relationship with the Homeland Security 
     Committee on matters within its jurisdiction in addition to 
     the agencies' reporting relationships with other committees 
     of jurisdiction.
       (c) Additional Functions of the Committee on House 
     Administration.--
       This provision amends clause 4(d) of rule X to give the 
     Committee on House Administration oversight of the management 
     of services provided to the House by the Architect of the 
     Capitol, except those services that lie within the 
     jurisdiction of the Committee on Transportation and 
     Infrastructure under clause 1(r).
       (d) Terms of Committee Chairmen.--
       This provision strikes clause 5(c)(2) of rule X to 
     eliminate term limits for committee and subcommittee chairs 
     and includes a conforming amendment to clause 5(a)(2)(C) of 
     rule X to provide an exception to the Budget Committee tenure 
     limitations for a chair or ranking minority member serving a 
     second consecutive term in the respective position.
       (e) Calendar Wednesday.--
       This provision amends clause 6 of rule XV to require the 
     Clerk to read only those committees where the committee chair 
     has given notice to the House on Tuesday that he or she will 
     seek recognition to call up a bill under the Calendar 
     Wednesday rule. This will replace the requirement that the 
     Clerk read the list of all committees, regardless of whether 
     a committee intends to utilize the

[[Page 12]]

     rule. The provision makes conforming changes to clause 6 of 
     rule XV and clause 6 of rule XIII, including the deletion of 
     the requirement of a two-thirds vote to dispense with the 
     proceedings under Calendar Wednesday.
       (f) Postponement Authority.--
       This provision adds a new paragraph (c) to clause 1 of rule 
     XIX to give permanent authority to the Chair to postpone 
     further consideration of legislation prior to final passage 
     when the previous question is operating to adoption or 
     passage of a measure pursuant to a special order of business. 
     This codifies a practice that has become routine during the 
     110th Congress.
       (g) Instructions in the Motion to Recommit.--
       This provision amends clause 2(b) of rule XIX to provide 
     that a motion to recommit a bill or joint resolution may 
     include instructions only in the form of a direction to 
     report a textual amendment or amendments back to the House 
     forthwith. The provision makes no change to the straight 
     motion to recommit.
       (h) Conduct of Votes.--
       In response to the bipartisan recommendation of the Select 
     Committee to Investigate the Voting Irregularities of August 
     2, 2007, this provision deletes the following sentence in 
     clause 2(a) of rule XX: ``A record vote by electronic device 
     shall not be held open for the sole purpose of reversing the 
     outcome of such vote.''
       (i) General Appropriation Conference Reports.--
       This provision codifies House Resolution 491, 110th 
     Congress, which was adopted by unanimous consent. The 
     provision provides a point of order against any general 
     appropriations conference report containing earmarks that are 
     included in conference reports but not committed to 
     conference by either House and not in a House or Senate 
     committee report on the legislation. A point of order under 
     the provision would be disposed of by the question of 
     consideration, which would be debatable for 20 minutes 
     equally divided.
       (j) PAYGO.--This provision amends clause 10 of rule XXI to 
     make the following changes:
       (1) A technical amendment to align the PAYGO rules of the 
     House with those of the Senate so that both houses use the 
     same CBO baselines;
       (2) The changes would also allow one House-passed measure 
     to pay for spending in a separate House-passed measure if the 
     two are linked at the engrossment stage; and
       (3) The changes would also allow for emergency exceptions 
     to PAYGO for provisions designated as emergency spending in a 
     bill, joint resolution, amendment made in order as original 
     text, conference report, or amendment between the Houses (but 
     not other amendments).
       The new clause 10(c)(3) of rule XXI provides that the Chair 
     will put the question of consideration on a bill, joint 
     resolution, an amendment made in order as original text by a 
     special order of business, a conference report, or an 
     amendment between the Houses that includes an emergency PAYGO 
     designation. The Chair will put the question of consideration 
     on such a measure without regard to a waiver of points of 
     order under clause 10 of rule XXI or language providing for 
     immediate consideration of such a measure.
       The intent of this exception to pay-as-you-go principles is 
     to allow for consideration of measures that respond to 
     emergency situations. Provisions of legislation may receive 
     an emergency designation if such provisions are necessary to 
     respond to an act of war, an act of terrorism, a natural 
     disaster, or a period of sustained low economic growth. A 
     measure that includes any provision designated as emergency 
     shall be accompanied by a report or a joint statement of 
     managers, as the case may be, or include an applicable 
     ``Findings'' section in the legislation, stating the reasons 
     why such provision meets the emergency requirement according 
     to the following criteria.
       In general, the criteria to be considered in determining 
     whether a proposed expenditure or tax change meets an 
     emergency designation include: (1) necessary, essential, or 
     vital (not merely useful or beneficial); (2) sudden, quickly 
     coming into being, and not building up over time; (3) an 
     urgent, pressing, and compelling need requiring immediate 
     action; (4) unforeseen, unpredictable, and unanticipated; and 
     (5) not permanent, but rather temporary in nature. With 
     respect to the fourth criterion above, an emergency that is 
     part of an aggregate level of anticipated emergencies, 
     particularly when normally estimated in advance, is not 
     ``unforeseen.''
       (k) Disclosure by Members of Employment Negotiations.--
       This provisions amends clause 1 of rule XXVII to close the 
     loophole in the rule that allowed lame-duck Members, 
     Delegates, and the Resident Commissioner to directly 
     negotiate future employment or compensation without public 
     disclosure. The rule will now apply to all current Members, 
     Delegates, and the Resident Commissioner requiring them, 
     within 3 business days after the commencement of such 
     negotiation or agreement of future employment or 
     compensation, to file with the Committee on Standards of 
     Official Conduct a statement regarding such negotiations or 
     agreement.
       (l) Gender Neutrality.--
       This provision amends the Rules of the House to render them 
     neutral with respect to gender. These changes are not 
     intended to effect any substantive changes.
       (m) Technical and Codifying Changes.--
       Upon the recommendation of the Parliamentarian, this 
     provision contains the following technical and codifying 
     changes:
       (1) Clarify that the authority of the Clerk to receive 
     messages on behalf of the House includes both recesses and 
     adjournments (clause 2(h) of rule II);
       (2) Restore the Speaker's regulatory authority for all of 
     rule IV (regarding access to the House floor), which was 
     inadvertently narrowed when the House last amended clause 4 
     of rule IV by the adoption of House Resolution 648, 109th 
     Congress (clause 4(b) of rule IV);
       (3) Clarify that the scheme set forth in the rule for 
     temporary management of a committee will apply pending the 
     House filling a permanent vacancy of a chairman (clause 5(c) 
     of rule X);
       (4) Clarify that the majority-party Member in the next 
     Congress, who was most senior on the committee in the 
     preceding Congress, has voucher authority pending 
     establishment and repopulation of the committee (clause 7(e) 
     of rule X);
       (5) Delete an unnecessary cross reference (clause 8(a) of 
     rule X);
       (6) Reinsert the exception, inadvertently dropped in 
     recodification in the 106th Congress, that privileged matters 
     are not automatically laid on the table when reported 
     adversely (unlike nonprivileged matters reported adversely, 
     which are automatically laid on the table) (clause 2(a) of 
     rule XIII);
       (7) Correct an internal cross reference (clause 5(c)(3) of 
     rule XX);
       (8) Clarify the availability of a motion to adjourn during 
     merger of a quorum call and the yeas and nays to include only 
     the clause 6 version of the yeas and nays (clause 6(c) of 
     rule XX);
       (9) Correct a grammatical error in the rule to clarify that 
     notice to instruct conferees at a stalled conference is given 
     by a ``proponent'' and not by a ``motion.'' (clause 7(c)(3) 
     of rule XXII);
       (10) Clarify that the rule prohibiting campaign funds for 
     official expenses applies to ``office space, office 
     furniture, or office equipment'' (clause 1(b)(2) of rule 
     XXIV); and
       (11) Corrects an internal cross reference (clause 5(i)(2) 
     of rule XXV).

     SEC. 3. SEPARATE ORDERS.

       (a) Budget Matters.--
       (1)-(3) These three provisions retain instructions on the 
     interpretation of sections 303, 306, and 401 of the 
     Congressional Budget Act, that have been in place since the 
     106th, 107th, and 109th Congresses, respectively.
       (4) This provision would retain the point of order against 
     the motion to rise and report an appropriations bill to the 
     House where the bill, as proposed to be amended, exceeded its 
     302(b) budget allocation. The point of order was created in 
     the 109th Congress and continued in the 110th Congress.
       (b) Certain Subcommittees.--
       This provision would continue to waive the requirements of 
     clause 5(d)(1) of rule X, which limits the number of 
     subcommittees for each committee to five, for the following 
     committees: Armed Services, Foreign Affairs, and 
     Transportation and Infrastructure.
       (c) Exercise Facilities for Former Members.--
       This provision continues the standing order of the House, 
     first adopted in the 109th Congress, which prohibits former 
     Members, spouses of former Members, and former officers of 
     the House from using the Members gym if those individuals are 
     registered lobbyists.
       (d) Numbering of Bills.--
       This provision continues the practice of reserving the 
     first 10 bill numbers for designation by the Speaker 
     throughout the 111th Congress.
       (e) Medicare Cost Containment.--
       This provision turns off Section 803 of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     during the 111th Congress.

     SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE OFFICES.

       (a) Select Committee on Energy Independence and Global 
     Warming.--
       This provision continues the Select Committee on Energy 
     Independence and Global Warming through the 111th Congress.
       (b) House Democracy Assistance Commission.--
       This provision continues the House Democracy Assistance 
     Commission.
       (c) Tom Lantos Human Rights Commission.--
       This provision continues the Tom Lantos Human Rights 
     Commission except that it allows the Commission to 
     collaborate closely with professional staff members of other 
     relevant committees and to use resources that the Committee 
     on Foreign Affairs is authorized to obtain from other offices 
     of the House.
       (d) Office of Congressional Ethics.--
       This provision continues the Office of Congressional Ethics 
     and provides that the Office shall be treated as a standing 
     committee of the House for purposes of section 202(i) of the 
     Legislative Reorganization Act of 1946, concerning 
     consultants for Congressional committees.

[[Page 13]]

       (e) Empanelling Investigative Subcommittee of the Committee 
     on Standards of Official Conduct.--
       This provision continues House Resolution 451, 110th 
     Congress, directing the Committee on Standards of Official 
     Conduct to empanel investigative subcommittees within 30 days 
     after the date a Member is indicted or criminal charges are 
     filed.
       (f) Continuing Authorities for the Committee on the 
     Judiciary and the Office of General Counsel.--
       This provision authorizes the Committee on the Judiciary 
     and the House General Counsel to continue the lawsuit derived 
     from the House holding White House Chief of Staff Josh Bolten 
     and former White House Counsel Harriet Miers in contempt of 
     Congress for failure to comply with Judiciary Committee 
     subpoenas, which was initiated in the 110th Congress. With 
     respect to the continued investigation into the firing of 
     certain United States Attorneys, this provision authorizes: 
     (1) the chairman of the Judiciary Committee to issue 
     subpoenas and (2) the taking of depositions by Members or 
     counsel, which shall be governed by rules printed in the 
     Congressional Record by the Rules Committee chair or 
     otherwise prescribed by the Judiciary Committee; and (3) the 
     Judiciary Committee and General Counsel to add as a party to 
     the lawsuit any individual subpoenaed by the Committee in the 
     110th Congress who failed to comply.
       Judiciary Committee Deposition Rules: In accordance with 
     the Committee receiving special authorization by the House 
     for the taking of depositions in furtherance of a Committee 
     investigation, the chair, upon consultation with a designated 
     minority member, may order the taking of depositions pursuant 
     to notice or subpoena. The designated minority member shall 
     be the ranking minority member or, if a ranking minority 
     member has not been elected, the highest ranking member of 
     the Committee as it was constituted at the end of the 
     preceding Congress who is a member of the minority party in 
     the present Congress.
       The chair or majority staff shall consult with the 
     designated minority member or minority staff, respectively, 
     at least two days before any notice or subpoena for a 
     deposition is issued. Upon completion of such consultation, 
     all members shall receive written notice that a notice or 
     subpoena for a deposition will be issued.
       A notice or subpoena issued for the taking of a deposition 
     shall specify the date, time, and place of the deposition and 
     the method or methods by which the deposition will be 
     recorded. The chair shall designate the number of majority 
     members and majority counsel to conduct the deposition; the 
     designated minority member shall be permitted to appoint an 
     equal number of minority members and an equal number of 
     minority counsel to conduct the deposition.
       A deposition shall be taken under oath or affirmation 
     administered by a member or a person otherwise authorized to 
     administer oaths and affirmations.
       A deponent shall not be required to testify unless the 
     deponent has been provided with a copy of such rules of 
     procedure then in being prescribed by the Committee, this 
     rule as applicable, section 4 of House Resolution 5, and rule 
     X and rule XI of the Rules of the House of Representatives.
       A deponent may be accompanied at a deposition by counsel to 
     advise the deponent of the deponent's rights. Only members 
     and Committee counsel, however, may examine the deponent. No 
     one may be present at a deposition other than members, 
     Committee staff designated by the chair or designated 
     minority member, such individuals as may be required to 
     administer the oath or affirmation and transcribe or record 
     the proceedings, the deponent, and the deponent's counsel 
     (including personal counsel and counsel for the entity 
     employing the deponent if the scope of the deposition is 
     expected to cover actions taken as part of the deponent's 
     employment). Observers or counsel for other persons or 
     entities may not attend.
       Questions in a deposition shall be propounded in rounds, 
     alternating between the majority and minority. A single round 
     shall not exceed 60 minutes per side, unless the members or 
     counsel conducting the deposition agree to a different length 
     of questioning. In each round, a member or Committee counsel 
     designated by the chair shall ask questions first, and the 
     member or Committee counsel designated by the designated 
     minority member shall ask questions second.
       Any objection made during a deposition must be stated 
     concisely and in a non-argumentative and non-suggestive 
     manner. The deponent may refuse to answer only when necessary 
     to preserve a privilege. In instances where the deponent or 
     counsel has objected to a question to preserve a privilege 
     and accordingly the deponent has refused to answer the 
     question to preserve such privilege, the chair may rule on 
     any such objection after the deposition has adjourned. If the 
     chair overrules any such objection and thereby orders a 
     deponent to answer any question to which a privilege 
     objection was lodged, such order shall be filed with the 
     clerk of the Committee and shall be provided to members and 
     the deponent no less than three days before being 
     implemented.
       If a member of the Committee appeals in writing the order 
     of the chair, the appeal shall be preserved for Committee 
     consideration. A deponent who refuses to answer a question 
     after being directed to answer by the chair in writing may be 
     subject to sanction, except that no sanctions may be imposed 
     if the ruling of the chair is reversed on appeal. Consistent 
     with clause 2(k)(8) of rule XI of the Rules of the House of 
     Representatives, the committee shall remain the sole judge of 
     the pertinence of testimony and evidence adduced at its 
     hearings.
       Deposition testimony shall be transcribed by stenographic 
     means and may also be video recorded. The Clerk of the 
     Committee shall receive the transcript and any video 
     recording and promptly forward such to minority staff at the 
     same time the Clerk distributes such to other majority staff.
       The individual administering the oath, if other than a 
     member, shall certify on the transcript that the deponent was 
     duly sworn. The transcriber shall certify that the transcript 
     is a true, verbatim record of the testimony, and the 
     transcript and any exhibits shall be filed, as shall any 
     video recording, with the clerk of the Committee in 
     Washington, DC. In no case shall any video recording be 
     considered the official transcript of a deposition or 
     otherwise supersede the certified written transcript. 
     Depositions shall be considered to have been taken in 
     Washington, DC, as well as the location actually taken, once 
     filed with the clerk of the Committee for the Committee's 
     use.
       After receiving the transcript, majority staff shall make 
     available the transcript for review by the deponent or 
     deponent's counsel. No later than ten business days 
     thereafter, the deponent may submit suggested changes to the 
     chair. The majority staff of the Committee may direct the 
     Clerk of the Committee to note any typographical errors, 
     including any requested by the deponent or minority staff, 
     via an errata sheet appended to the transcript. Any proposed 
     substantive changes, modifications, clarifications, or 
     amendments to the deposition testimony must be submitted by 
     the deponent as an affidavit that includes the deponent's 
     reasons therefor. Any substantive changes, modifications, 
     clarifications, or amendments shall be included as an 
     appendix to the transcript. Majority and minority staff both 
     shall be provided with a copy of the final transcript of the 
     deposition with any appendices at the same time.

     SEC. 5. SPECIAL ORDERS OF BUSINESS.

       This section consists of a special order of business 
     providing for consideration of the following two bills (the 
     text of each of which is identical to the 110th House-passed 
     versions):
       (1) H.R. 11--Lilly Ledbetter Fair Pay Act, to amend title 
     VII of the Civil Rights Act of 1964, the Age Discrimination 
     in Employment Act of 1967, the Americans with Disabilities 
     Act of 1990, and the Rehabilitation Act of 1973 to clarify 
     that a discriminatory compensation decision or other practice 
     that is unlawful under such Acts occurs each time 
     compensation is paid pursuant to the discriminatory 
     compensation decision or other practice, and for other 
     purposes, and
       (2) H.R. 12--Paycheck Fairness Act, to amend the Fair Labor 
     Standards Act of 1938 to provide more effective remedies to 
     victims of discrimination in the payment of wages on the 
     basis of sex, and for other purposes.
       The special order allows for separate consideration of each 
     measure under a closed rule. After adoption of the second 
     bill, the text of H.R. 12 will be added to H.R. 11 and H.R. 
     12 will be laid on the table.

  Mr. Speaker, I reserve the balance of my time.
  Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I begin by thanking my good friend from Rochester, the 
distinguished Chair of the Committee on Rules, Ms. Slaughter, for 
yielding me the customary 30 minutes. And I congratulate her and all of 
our colleagues on their membership in the 111th Congress.
  As we have heard from the speeches delivered by the Speaker and the 
Republican leader, today marks the start of the 111th Congress, a new 
beginning for the first branch and for the people's House.
  As was stated, 2 weeks from today we are going to be making history 
with the inauguration of Barack Obama. President-elect Obama has 
already reached out to congressional Republicans, expressing his desire 
to work with us in this new Congress.
  We all know very well what an honorable campaign Mr. Obama ran. While 
I didn't support his candidacy, I, like many of my colleagues and 
fellow Americans, was inspired by his message of hope, unity, and 
change for the future.

                              {time}  1445

  He laid out a vision that replaces bitterness with bipartisanship, 
cynicism

[[Page 14]]

with a sincere commitment to a brighter future.
  Of course, there is a great divergence of opinion on the details of 
exactly how we reach that brighter future. Congressional Republicans 
have our agenda. We feel very strongly about it. We are committed more 
than ever to the principles for which we stand. But we wholeheartedly 
agree with Mr. Obama that the way forward is through open, inclusive 
debate, a strong spirit of bipartisanship and the sincere pursuit of 
common ground.
  Unfortunately, the high-minded rhetoric of the Presidential campaign 
only highlights the pure cynicism of this rules package that we are 
considering today. The Democratic leadership of this House is poised to 
consider, as its very first legislative act of this Congress, a rules 
package that literally shreds the Obama vision.
  I am going to repeat that, Mr. Speaker. The package that we are going 
to be voting on today literally shreds the Obama vision. Fourteen days 
before he is even inaugurated into office, the President-elect's plan 
for unity and bipartisanship is being obstructed by his own party.
  This rules package takes the abysmal record of the last Congress and 
actually makes it more restrictive. You will hear a lot today about 
arcane procedural tactics and wonder how it has any relevance to the 
problems that we face as a nation. But these changes, Mr. Speaker, have 
enormous consequences for the conduct and outcome of our policy 
debates.
  Mr. Speaker, process is substance. As we tackle enormously important 
issues like, as everyone has said, getting our economy back on track, 
we cannot achieve a good outcome without a good process. We are very 
attuned to the concept of history being made right now and 2 weeks from 
today, so perhaps we should look at history.
  The motion to recommit, as we know it today, was granted to the 
minority 100 years ago following a rebellion against the most 
dictatorial Speaker of the last century, Joseph Gurney ``Uncle Joe'' 
Cannon. This motion ensures that the minority gets at least one 
opportunity, one opportunity to offer an amendment or an alternative. 
During the Democrats' 40-year reign, they routinely denied Republicans, 
often dozens of times in a Congress, the single bite at the apple, one 
opportunity to offer an alternative. Mr. Speaker, when we took the 
majority in 1995, we guaranteed the right of the motion to recommit, 
and we never, we never denied it.
  This body has always been governed by majority rule. The majority has 
a number of tools at its disposal, not least of which is the Rules 
Committee itself, on which I am privileged to serve. That's how they 
advance their agenda. An effective majority can abide by the rules and 
traditions of the House and still succeed legislatively.
  By contrast, in the 110th Congress, the Democratic leadership chose, 
instead, to resort to procedural gimmickry to advance their agenda. 
They had every legislative advantage as the majority party, and yet 
they felt compelled to trample the traditions of the House, rather than 
build consensus or engage in actual deliberation. They went so far as 
to shut down the appropriations process to avoid open debate. Mr. 
Speaker, as for the motion to recommit, that one single opportunity, 
that one single opportunity for minority input, the Democratic 
leadership frequently resorted to legislative tricks to deny it.
  Now, the Democratic leadership is no longer content to shut down 
debate on an ad hoc basis. They are making it official with this rules 
package. The underlying resolution contains a host of new procedural 
gimmicks to stifle debate and to perpetuate partisanship. This 
resolution changes the rules of the House to formally limit, to 
formally limit, the motion to recommit. This limitation prevents any 
bill from being returned to committee for further deliberation. It 
restricts Members' ability to strip out tax increases. Apparently, the 
Democratic majority believes tax increases are sacred, but open debate 
is not sacred.
  This rules package also manipulates our budget rules, once again, to 
protect tax increases, as well as to protect spending increases. You 
see, Mr. Speaker, the Democratic leadership not only spent the last 
Congress shutting out Republicans, they also had to find clever ways to 
shut out fiscally conservative Democrats. Trying to build consensus 
within their own party was very time consuming. They learned their 
lesson, though. This rules package guts the budget rules that many 
Democrats hold so dear.
  The laundry list of rules changes goes on. They cut term limits for 
committee chairmen, they scrap Medicare cost-containment measures. And 
if all this weren't enough, they include completely closed rules, 
completely closed rules for the two bills that will be considered later 
this week without ever having the Rules Committee meet. Apparently, the 
Democratic leadership scoured the House rules for accountability and 
transparency measures and systematically dismantled what they found.
  So much, Mr. Speaker, for the Obama vision. While he is calling for 
the most transparent administration in our Nation's history, his 
congressional Democrats are launching the most closed Congress in 
history.
  But I believe that President-elect Obama is sincere. Since the day he 
was elected, he has been reaching out to Republicans. He has called 
many of us individually to express a sincere desire to move beyond the 
divisiveness of politics and to work together. I can only imagine the 
chagrin at his own party, their attempt to undermine his best efforts. 
Today's rules package is a huge step backward. It sets the stage for 
even more closed, bitter, rancorous debate.
  The next major item on the agenda is more than a $1 trillion stimulus 
package. Republican Leader John Boehner has laid out several modest, 
but critically important, requests for an open process. There should be 
public hearings. The text should be available online for a full week 
prior to a vote. There should be no special-interest earmarks.
  These are commonsense guidelines that are widely supported by the 
American people. They understand that our response to the economic 
crisis is too important to allow it to be slapped together in secret 
behind closed doors and rammed through the House. Both Democrats and 
Republicans have a number of good ideas that should be considered and 
debated.
  Today I will be pursuing an economic recovery package that focuses on 
pro-growth policies. I am introducing a trio of bills aimed at growing 
our economy by simplifying and reducing the tax burden on individuals 
and job creators, jump-starting our housing market and reviving the 
auto industry.
  I hope we can move forward on these kinds of policies, but neither I 
nor my colleagues ask to prejudge the outcome of those debates. We 
simply ask that that debate take place.
  Majority Leader Hoyer agrees, and said so on an interview that he had 
this past Sunday. We can only hope he is able to convince the Speaker 
to keep the process open and transparent. If her leadership's first 
legislative act of this Congress is any indication, it won't be a 
fruitful endeavor.
  Mr. Speaker, today's new beginning is nothing more than a new low for 
the Democratic majority. Their cynicism and manipulation is all the 
more dismal against the backdrop of President-elect Obama's vision for 
hope, unity and change for the better. The Democratic majority's 
actions today do not represent change that fulfills hope. This is 
change that denies hope.
  Mr. Speaker, I urge my colleagues to oppose this rules package.
  I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I am pleased to yield 5 minutes to the 
vice chair of the Rules Committee, the gentleman from Massachusetts 
(Mr. McGovern).
  Mr. McGOVERN. I want to thank the gentlelady from New York, the 
distinguished Chair of the Rules Committee, for yielding me the time.
  First, let me congratulate Speaker Pelosi as she begins her second 
term as Speaker of the House. I also want to congratulate my colleagues 
for their

[[Page 15]]

elections, and I welcome our new colleagues to the House of 
Representatives.
  Our Nation is facing very challenging times. Twelve years ago, when I 
was first elected to Congress, our economy was still growing, and we 
were looking at a significant budget surplus. Our world was relatively 
peaceful. Now, after 8 years of reckless and wasteful spending, and 
after an ill-advised war, we face a global economic meltdown and 
international instability that seem to be spreading all too quickly.
  In November, the American people elected a new President and larger 
Democratic majorities in the Congress. The voters sent a very clear 
message. Things have got to change here in Washington, and Congress has 
to accomplish things.
  We know that Congress will need to act quickly and responsibly in 
order to pass legislation to help our Nation solve our economic and 
foreign policy problems. This rules package is designed to help us do 
just that. This is a good package, and I am pleased to support it 
today.
  There are many important parts this package. I am pleased that this 
is first rules package that is gender neutral. There are other 
technical fixes included in this package that will help the House 
operate more smoothly and efficiently.
  One of the major changes, as we have heard, in this package deals 
with the motion to recommit, which is modernized in this package. 
Specifically, the minority will no longer be able to offer a 
``promptly'' motion to recommit, which sends bills back to committee 
with no timetable for return, essentially killing the bill.
  The minority, however, will have the ability to offer a proper 
``forthwith'' motion or a ``straight'' motion. But no longer will the 
minority be able to abuse the process by offering political amendments 
designed to either kill a bill without actually voting against it or to 
provide fodder for a 30-second political ad.
  During the 12 years while Democrats were in the minority, we offered 
only 36 ``promptly'' motions to recommit. Over the past 2 years, 
Republicans offered 50 of these motions.
  Following the 2006 elections that brought Democrats back into the 
majority in the House, the new Republican minority had two options, 
either work in a bipartisan way to address the needs of the American 
people, or obstruct the business of this House through gotcha-style 
politics. Unfortunately, too often they chose the latter.
  The motion to recommit was not designed for this purpose. It was 
designed to be a tool for legislating, not a political weapon. 
Repeatedly, the Democratic majority attempted to work with the 
Republican minority on their motions to recommit, but every time we 
offered to accept their motion in return for not killing the bill, the 
Republican minority refused. They chose talking points over 
accomplishments. They chose to be the party of obstructionism, not 
offering alternatives, but instead trying to derail the entire process 
for political gain. It's a cynical way to do business.
  That's not legislating, and it's not what the voters sent us here to 
do. I strongly disagree with those who say modernizing the motion to 
recommit is undemocratic. Let me be clear, any Member who opposes a 
bill still has the ability, indeed, the responsibility, to vote ``no.''
  Congressional scholar Norm Ornstein said it best, and I quote, ``A 
minority party deserves the right to be heard and to have alternatives 
considered, but with those rights comes responsibilities. If the 
minority uses the opportunity to offer amendments to exploit cynically 
the opening for political purposes--through `gotcha' amendments 
designed to offer 30-second attack ads against vulnerable majority 
lawmakers, or through poison pill alternatives designed only to scuttle 
a bill, not to offer a real alternative--it soon will lose its moral 
high ground for objecting to majority restriction on debate and 
amendments.''
  Mr. Speaker, I finally would like to point out that in this package 
is included H. Res. 5, which is the reauthorization of the Tom Lantos 
Human Rights Commission. The United States must reclaim its moral 
authority on human rights. I am honored to cochair that commission 
along with my good friend Frank Wolf of Virginia, and I look forward to 
working with him and our other Members to advance the cause of human 
rights around the world.
  Again, I want to thank the gentlelady from New York, our 
distinguished Chair of the Rules Committee, for the time.
  Mr. DREIER. Mr. Speaker, I would like to yield 2 minutes to my good 
friend from Miami, the hardworking member of the Committee on Rules, 
Mr. Diaz-Balart.
  I will say as I do that, Mr. Speaker, that we would never have 
contemplated denying the then-minority what is being denied us under 
this measure.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, for 100 years, the 
motion to recommit has really been sacrosanct in this House, and the 
essence of representative democracy is, yes, rule by the majority with 
respect to the rights of the minority.
  Today, history will record that in this rules package by the 
majority, the severe limitation of the right of the minority to offer 
an alternative in legislation, this severe limitation of the motion to 
recommit, is a sad, unfortunate, and wholly unnecessary step that takes 
a very strong, a very significant step toward unaccountability.
  So it is really a sad day for this House, that the House, the 
leadership, the majority leadership, would commence this Congress by 
retrogression, by taking such a significant and unfortunate step 
towards unaccountability, severely limiting the option, the ability of 
the minority to offer an alternative known for 100 years and respected 
in this House as the motion to recommit.

                              {time}  1500

  Ms. SLAUGHTER. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from Florida (Ms. Castor).
  Ms. CASTOR of Florida. Mr. Speaker, I thank the gentlewoman, the 
Chair of the Rules Committee, for yielding the time.
  Mr. Speaker, this rules package also contains the first step in the 
march towards economic recovery in that it allows consideration by this 
Congress for the Paycheck Fairness Act and the Lilly Ledbetter Act. We 
are going to reverse a very anachronistic decision by the United States 
Supreme Court relating to job discrimination based on sex. You see, in 
this country, working women are still earning only 78 cents for every 
dollar that a man makes in the same position oftentimes; and despite 
the attempts by this Congress during the 110th Congress, we were unable 
to beat back the opposition of the White House.
  Well, this is a new day and a new direction for America, because now 
we will have someone in the White House who will value equal 
opportunity in employment and education and housing and other fields. 
Indeed, the President-elect has stated that he intends to invite Ms. 
Ledbetter to the White House, and he understands that this bill is part 
of a broader effort to update the social contract, to value equal pay 
for equal work.
  This is something that Congresswoman Rosa DeLauro, Speaker  Nancy 
Pelosi and Rules Committee Chair Louise Slaughter have fought for year 
after year after year, to realize the economic recovery in our 
households across America, many headed by single women. This is the 
important first step this Congress will take as part of the economic 
recovery and reinvestment.
  Mr. DREIER. Will the gentlewoman yield?
  Ms. CASTOR of Florida. I yield back the balance of my time.
  Mr. DREIER. Mr. Speaker, let me just say that the spirit of the 
debate here, refusal to yield, is indicative of exactly what this rules 
package consists of.
  With that, Mr. Speaker, I would like to yield 2 minutes to our very 
good friend from Springfield, Missouri (Mr. Blunt).
  Mr. BLUNT. Mr. Speaker, I thank the gentleman for yielding.

[[Page 16]]

  Mr. Speaker, I think we are here today on the minority side as 
perhaps victims of our own success in the last Congress. We clearly 
were able to use this as the only tool that we often had available to 
us, and we used it with great success. We used it with great success 
that didn't destroy the legislative process. In fact, many days the 
legislative process had already been destroyed. There was no committee 
markup. There was no hearing. Often the bills came from somewhere, the 
leader's office, the Speaker's office. We didn't know where they came 
from because we didn't see them until the day they were headed to the 
floor or the day before they were headed to the floor. We weren't given 
amendments, we weren't given substitutes, but we were given 100 years 
ago these tools in the motions to recommit.
  The majority would probably argue that somehow this makes the process 
unworkable. But there are a number of examples in the last Congress 
where the process was very workable.
  The Public Housing Management Act that was brought to the floor 
February 26 by Mr. Sires, Mrs. Bachmann offered a motion to recommit to 
block the Federal Government from restricting possession of otherwise 
legal firearms for these residents. When she offered the motion, the 
bill was pulled. The committee then met, as the motion would have 
required them to do, added that provision to the bill, and brought it 
back to the floor a few days later.
  The AmeriCorps bill to authorize and expand AmeriCorps was considered 
in March of 2008. Mr. Kuhl made a motion to recommit that was prompt in 
nature to prohibit sex offenders and murderers from receiving these 
grants. The bill was pulled. Six days later, the same bill was brought 
up including Mr. Kuhl's language.
  The idea that this ruins the process or the idea that a bill that you 
have never seen before the day it is coming to the floor or the day 
before it is coming to the floor, we don't need to have tools to bring 
new ideas to the floor, is just wrong. I urge that this rules package 
be defeated.
  Ms. SLAUGHTER. Mr. Speaker, I am delighted to yield 4 minutes to the 
gentleman from Massachusetts (Mr. Frank), the chair of the Financial 
Services Committee.
  Mr. FRANK of Massachusetts. The former minority whip has just proved 
the opposite of his case. In the one instance that he refers to where a 
bill came out of the committee which I chair, we were prepared to 
accept that amendment on the floor. It was offered promptly. We asked 
if it could be done, as we often did, as forthwith, and it could have 
been adopted on the floor. In that case it wasn't 6 days, it took 
several weeks, because we cannot drop everything and get to a bill.
  Now, understand that when a bill is sent back to a committee, all the 
rules apply. And, by the way, nothing stops you from making this a 
revolving door, Mr. Speaker. People can keep doing this.
  The motion to recommit, Members have said on the other side they want 
to be able to offer an alternative. Nothing in this proposal in any way 
diminishes their ability to offer an alternative. They are fully able 
to offer an alternative as an amendment. What they will be losing here 
is a legislative Ponzi scheme in which you pretend to be something you 
are not.
  Here is the way it works: If the minority wants under any bill to 
offer a motion to recommit, as the rule will now read if this passes, 
they can offer a motion to recommit with a germane amendment that is 
binding, and if it is adopted, the bill is amended on the spot. But 
they often don't want to do that. Often their amendments are really 
disguises for opposition to the bill in general. So they take an 
amendment that would pass virtually unanimously because it is so 
popular and say it should be done in a way that sends the bill back to 
committee rather than to amend the bill.
  So let's be very clear. Their ability to offer a motion that is an 
amendment to the bill is in no way diminished by this. It is in no way 
changed. It is exactly the same. What they lose is the ability to take 
something that would pass overwhelmingly if they would allow a serious 
vote on it and use it as a way to get a bill sent back to committee for 
purposes of delay.
  Now, the gentleman is right. It doesn't always work. Sometimes the 
bill survives. Sometimes it doesn't. There is often a traffic jam on 
the floor. There are also cases where timeliness is important, where 
the administration may be about to do something we want to stop them 
from doing and we want to be able to move reasonably quickly.
  I will say this with regard to where he said bills came from nowhere. 
The bills where this tactic, this Ponzi scheme has been used, on bills 
that have come out of the Financial Services Committee, were not those 
bills. They were bills where there had been open amendment processes, 
where I have often gone to the Rules Committee and asked for amendments 
to be in order.
  In fact, in my experience, the committee of jurisdiction leadership 
has no input into these motions. I have asked. There are amendments 
offered on the floor that were never offered in committee when they had 
a chance to be offered, and I will guarantee you that is a fact, 
because the purpose is not to amend the bill. If you were trying to 
amend the bill, you offer the motion to recommit in a way that amends 
it on the floor. That is not good enough for them, because they are not 
interested in substance. They are interested in this game playing and 
this charade--well, it is not a charade, because that is talking. They 
are interested in this pretense whereby you try to slow a bill down 
because you aren't willing to vote against it.
  So if this rules package passes, there will be two options for the 
minority: They can move to send the bill back to committee, that can 
still be done, the motion to send it back to committee will still be 
there; or they can move to amend it on the floor. Their ability to 
offer an alternative is in no ways changed.
  What they can't do is to pretend to be amending the bill by putting 
forward very popular language that would pass overwhelmingly, but doing 
it in a way that in effect sends the bill back to committee which 
doesn't allow the House to adopt that amendment, and then they want to 
be able to say Members weren't in favor of this noncontroversial piece.
  So it is a legislative Ponzi scheme. It is a pretense. It is 
something that ought to be abolished. It does not add at all to the 
legitimacy of debate.
  Let's adopt this rules change. The minority will have the two 
options, and that is all that democracy requires.
  Mr. DREIER. Mr. Speaker, at this time I am happy to yield 2 minutes 
to my good friend from Richmond, Virginia (Mr. Cantor), the 
distinguished Republican whip.
  Mr. CANTOR. Mr. Speaker, I thank the gentleman.
  Mr. Speaker, you don't have to look far to see that families across 
this country are gripped with a tremendous amount of fear and 
uncertainty. They fear for their jobs, if they have one. They fear for 
their future as they see their 401(k)s, their college savings accounts 
collapse. They fear that their elected leaders don't get it. They fear 
that this Congress may very well be incapable of change, incapable of 
producing the kind of results that they want and to get it right.
  Under existing House rules, when a bill is brought to the floor that 
includes a tax increase, the minority has a right to offer a motion to 
strike that increase; and the Republican minority had done that on 
nearly half a dozen occasions over the past 2 years.
  With this rule change now, though, House Democrats are trying to push 
through what we Republicans will no longer have, the ability to say 
``no'' to higher taxes. We will not be able to simply strike a tax 
increase and demand an up or down vote. In fact, the only option we 
will have would be to replace one tax increase with another. There will 
be no ability for us to cut taxes to lighten the burden on the middle-
class families that are hurting right now.
  One can see that this rule change makes it a lot easier for the 
Democrat

[[Page 17]]

majority to in fact hide tax increases inside other larger bills. In 
fact, that is why all of us are sitting here scratching our heads. If 
the House Democrats feel a tax increase is necessary, then why wouldn't 
they allow for a full and open debate? Why not let the American people 
have a say? Why not let the hardworking people of this country hear why 
Washington is once again looking to take more of their hard earned 
money?
  Either way, what is clear, this type of partisan rules change flies 
in the face of a new era of openness and transparency that President-
elect Obama has promised. I take the President-elect at his word. I 
believe he wants transparency, openness, and debate. I believe he wants 
Washington to begin to do business differently. I believe he is serious 
in wanting Congress to work together for the good of all of our 
constituents. But apparently that word hasn't made its way down to the 
leadership of the House.
  Ms. SLAUGHTER. Mr. Speaker, I reserve my time.
  Mr. DREIER. Mr. Speaker, at this time I am happy to yield 2 minutes 
to our very good friend from Menomonee Falls, Wisconsin (Mr. 
Sensenbrenner).
  Mr. SENSENBRENNER. I thank the gentleman very much.
  Mr. Speaker, I am beginning my 31st year here, and one of the things 
that I have learned both being in the majority and being in the 
minority is that procedural fairness is the antithesis to partisanship. 
I want to repeat that: Procedural fairness is the antithesis to 
partisanship. This rules package, and particularly the changes in the 
motion to recommit, will bring about more partisanship, and I would ask 
my friends on the majority side to reconsider what they are proposing 
here.
  The previous speakers on the Republican side have stated instances in 
the last 2 years where it has resulted in excessive partisanship 
because of changes that have been made to the motions to recommit on an 
ad hoc basis allowing the majority to pull the bill, their choice, not 
ours, because they set the schedule, not having motions to recommit on 
certain bills and not allowing to strike proposed tax increases.
  What is wrong with debating these issues? And what is wrong if the 
majority of this House of Representatives, which is 21 seats more 
Democratic than the one that just expired, agrees with the Republican 
minority every once in awhile? What are you afraid of? Are you afraid 
of losing a few more motions to recommit? If that is the motivation 
behind this, shame on you, because you are shutting down the process 
and you are going to result in more partisanship, not less. You are 
going to result in having the country even more divided, not less, and 
that goes exactly against what our new President has been trying to do 
with practically everything he said since he won the election 2 months 
ago.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Ms. SLAUGHTER. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentleman from Massachusetts (Mr. Frank).

                              {time}  1515

  Mr. FRANK of Massachusetts. The gentleman from Wisconsin said, why 
will the majority not in some instances agree with the minority? That's 
the problem. We are talking about cases where we in the majority have 
tried to agree with the minority, and they would not be agreed with. 
They would not take yes for an answer.
  This is the issue: if they offer a motion to recommit and it says 
forthwith, and they win the vote, the bill is amended. If they offer an 
amendment to a bill, not having offered it in committee, not having 
gone to the Rules Committee to ask it to be on the floor, if they take 
a noncontroversial popular issue and offer it as the motion to 
recommit, but say it should be sent to the committee and reported back 
promptly, we have tried to agree with them, and they have refused. This 
literally is a way to not take yes for an answer; it's a way to take 
something to which the majority would like to agree.
  I have been here when I, and when the majority leader has said, in 
such a situation, could we get unanimous consent to simply agree to 
that now, and the minority has said no.
  Well, people have a right not to be agreed with. People have a right 
not to be agreeable. Some indulge that right more than others. But you 
don't have a right to refuse to be agreed with, and then complain that 
you weren't agreed with. And that's all that's at stake here.
  So, yes, there are times when the majority should say yes to the 
minority, and that should be determined by the floor. What we're saying 
is the minority should not manufacture a situation in which there is no 
way to say yes to them because their goal is patently not to amend that 
particular bill, because if it was, they would accept the request that 
that amendment be accepted. Instead, it is to put a bill back to 
committee because they're afraid to vote against it. That's the issue.
  This is used as a way to send bills back to committee to avoid votes. 
And this leaves, this package, the minority, fully able to offer any 
motion to recommit or send it back to committee. It just says they 
can't play games.
  Mr. DREIER. Mr. Speaker, at this time I am happy to yield 2 minutes 
to the gentleman from Columbus, Indiana (Mr. Pence), the Chair of the 
Republican Conference.
  Mr. PENCE. Mr. Speaker, the Republican Members of the 111th Congress 
collectively represent more than 100 million constituents in this 
Nation. The changes that are being contemplated by the majority today 
represent an erosion, not of the interests of elected officials, not 
even of the interests of a political party, but, Mr. Speaker, I say 
with respect, it represents an erosion of the interests represented in 
this place of over 100 million Americans.
  As I listen to this debate, I can't help but wonder what our 
constituents who might be looking down from the gallery and looking in 
from elsewhere are thinking. How does this affect them? Instructions 
being promptly or forthwith, motions to recommit.
  But really what we are here to object to in this rule package is 
really the death of democracy in the Democratic Congress. What we do 
not wish to see is a return to the heavy-handed imperial Congress days 
that ruled Capitol Hill for some 40 years. And walking away from the 
provision of the current rules that allows the minority to offer a 
motion to recommit that would be promptly reported back erodes those 
minority interests. Repealing term limits on committee chairmen erodes 
the fundamental principles of reform that the American people voted 
overwhelmingly into this well in 1994.
  And so, as we prepare, 2 weeks from today, to receive a new President 
of the United States of America, as we are just a few hours past 
bipartisan speeches, it is important to know and to remind the American 
people that rules matter. The rules on the back of a box of a board 
game matter, and the rules of the House matter; and they matter because 
they determine whether or not the interest of all Americans will be 
represented in this place.
  And, sadly, we begin this Congress in an inauspicious way, learning 
that change does not equal reform, and I urge that we reconsider this 
rule.
  Ms. SLAUGHTER. Mr. Speaker, please let me yield myself 1 or 2 
minutes. One minute, I think, would be sufficient. I hadn't planned to 
do this, but I think the Record requires it.
  I want to quote from three of our Republican Members for whom I have 
great affection and an awful lot of respect. The first one, 
Representative Tom Davis, who is not with us this year, stated the 
minority's intent to use ``promptly'' motions to kill legislation 
during debate on a motion to recommit H.R. 1433, the District of 
Columbia House Voting Rights Act. And let me quote him: ``Let me just 
say to my colleagues, I think the gun ban in the District is 
ridiculous, and would join my colleagues in overturning it. The problem 
is this motion doesn't do that. Instead of bringing it back to the 
floor forthwith for a vote and send it to the Senate, it simply sends 
it back to the committee, essentially killing it.''

[[Page 18]]

  Representative Joe Barton of Texas likened motions to recommit 
promptly to gimmicks during debate on H.R. 3693, the Children's Health 
Insurance Program: ``I will tell my friends on the majority side, it's 
not going to be a gimmick. I think it will say forthwith, which means 
if we adopt it, we vote on it.''
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Ms. SLAUGHTER. I yield myself 30 seconds.
  During the debate on Representative Paul Ryan's motion to recommit on 
H.R. 5501, the Lantos-Hyde HIV/AIDS Act of 2008, Mr. Ryan acknowledged 
that ``promptly'' motions are intended to kill bills. ``This recommit 
motion is not intended to kill the bill. This is a forthwith 
recommit,'' he said.
  I will reserve the balance of my time.
  Mr. DREIER. Mr. Speaker, may I inquire of the gentlewoman how many 
speakers she has remaining on her side, and how much time is remaining 
on both sides for this debate?
  Ms. SLAUGHTER. I don't have any further requests for time, or at 
least not from anybody who is presently on the floor, so I will reserve 
to close.
  The SPEAKER pro tempore. The question regarding the time remaining 
left for debate, the gentlewoman from New York has 6\1/2\ minutes 
remaining, and the gentleman from California has 10\1/2\ minutes 
remaining.
  Ms. SLAUGHTER. I reserve.
  Mr. DREIER. At this time, I am happy to yield 2 minutes to my friend 
from San Antonio, Mr. Smith.
  Mr. SMITH of Texas. Mr. Speaker, I thank the ranking member of the 
Rules Committee for yielding.
  Mr. Speaker, congressional Democrats have proposed changing House 
rules on motions to recommit. These changes are not about some arcane 
rule. They are about a pattern of behavior on the part of the Democrats 
that stifles democracy.
  This abuse of power has become a habit with the Democrats. The 
Democrats brought legislation to the floor under closed rules 64 times 
in the last 2 years. This means there was no opportunity to offer 
amendments; 61 bills were brought to the floor with less than 24 hours 
to review the bill text. This breaks the Democrats' commitment to allow 
legislation to be reviewed for 24 hours before a vote.
  House Democrats are discarding one of the Republican minority's only 
tools to help improve bills and promote better legislation, the motion 
to recommit bills promptly. This type of motion to recommit allows a 
majority of the House to say that a bill should be sent back to 
committee for more work.
  For example, last year Republicans used this tool to guarantee second 
amendment rights for the people of the District of Columbia. A majority 
of Members supported this motion and voted to send the bill back to 
committee.
  Why would the Democrats in the future want to ignore the views of a 
majority of House Members?
  Mr. Speaker, changing House rules in a way that silences the voice of 
the people's elected representatives strangles democracy. Democrats 
should reconsider these undemocratic changes to House rules.
  Ms. SLAUGHTER. Mr. Speaker, I continue to reserve.
  Mr. DREIER. Mr. Speaker, at this time I am happy to yield 2 minutes 
to the gentleman from Chester Springs, Pennsylvania (Mr. Gerlach).
  Mr. GERLACH. Mr. Speaker, I rise today in opposition to this rules 
package and, instead, to speak in favor of bipartisanship. We are 
living in challenging times, and the American people have grown tired 
of all the partisan bickering that has plagued our body for far too 
long. Our citizens want us to work together to achieve practical and 
realistic solutions for all Americans. Unfortunately, we've wasted 
energy with excessive partisanship in the legislative process that, in 
turn, has led to an inability to achieve fundamental reforms and 
legislative successes.
  We've just witnessed an historic election where the overarching 
message was the message of change. We need to listen to our citizens, 
for they have spoken.
  But the real change that we need is for Democrats and Republicans to 
roll up their sleeves and work together on important legislation such 
as creating jobs, stimulating the economy and increasing the supply of 
American-made energy.
  This week I intend to introduce a resolution that would encourage and 
support bipartisanship in the House. Specifically, the resolution would 
amend House rules to allow for any amendment to be considered on the 
floor that has at least one Democrat and one Republican sponsor, is 
submitted to the House Rules Committee according to the committee's 
amendment submission deadline, and does not violate any other House 
rule. By the simple fact that it is a joint Democrat and Republican 
amendment makes it bipartisan and, therefore, worthy of floor 
consideration.
  I am hopeful that our leadership will not only offer support for this 
resolution, but will bring it to the floor of the House, giving all of 
our colleagues the opportunity to debate and discuss its merits.
  While this resolution will not completely solve our problem of 
partisanship, I believe it will be the start of a process to allow us, 
regardless of party, to work together for real legislative successes.
  Ms. SLAUGHTER. I continue to reserve.
  Mr. DREIER. Mr. Speaker, at this time, I'd like to yield 1 minute to 
the gentleman from Roanoke, Virginia (Mr. Goodlatte).
  Mr. GOODLATTE. Mr. Speaker, I was here in 1994 when the Republicans 
gained the majority in the Congress for the first time in 40 years, and 
remember the reforms that we put into place, term limits on committee 
chairmen where before chairmen who could barely walk into this Chamber 
were serving as Chairs of committees simply because of seniority. Well, 
we've thrown that out today. I guess that's change, but it's really 
change back.
  I was here in 1994, January of 1995, when we changed the rules on 
motions to recommit to make it easier for the minority to offer motions 
to recommit. Well, I guess we've changed that because now you've made 
it more difficult to offer real improvements to legislation by rolling 
back the motion to recommit.
  Yes, we have change in the air, but that change is simply going back. 
This is not progress for this Congress, and I very much regret that the 
Democratic leadership has chosen to curtail the rights of the minority 
and to not bring forward the kind of progress that comes from having 
term limits on committee chairmen.
  The new criteria for determining emergency situations that allow them 
to waive their own PAYGO rules are laughable. The rule appears to be 
that spending can be designated as emergency spending if it is 
necessary, unforeseen, or temporary in nature. I would suspect that the 
majority believes that all of their spending priorities are necessary.
  These rule changes are an abomination, and every taxpayer should be 
up in arms over these changes and the attitudes they represent. It is 
common sense to American families that they cannot spend more than they 
have, and it is unfortunate that common sense seems to elude Congress.
  It is clear that Congress must be forced to address its spending 
addiction. The way to accomplish this is through an amendment to the 
Constitution to require a balanced budget, which I just introduced a 
few minutes ago here today, with more than 115 bipartisan cosponsors.
  These rules are not reforms.
  Ms. SLAUGHTER. Mr. Speaker, I continue to reserve.
  Mr. DREIER. Mr. Speaker, at this time, let me just inquire of the 
Chair how much time is remaining.
  The SPEAKER pro tempore. The gentleman from California has 5\1/2\ 
minutes remaining.
  Mr. DREIER. At this time I am happy to yield 1 minute to our great, 
relatively new Member from New Orleans (Mr. Scalise).
  Mr. SCALISE. Mr. Speaker, the first vote in this new Congress gives 
us a preview of what the leadership is planning to do, repeal reforms 
that make

[[Page 19]]

government more transparent. Over 10 years the House established rules 
that open up the legislative process to make Congress more accountable. 
The rules package we see today undermines the accountability we have 
put in place and encourages the old way of doing business with back-
room deals and dictator-like authority.
  By ending term limits for committee Chairs, the Democratic majority 
is severely restricting opportunities for all Members, and is 
encouraging dictatorial-like authority. Six-year term limits for 
committee Chairs prevents a dictatorial concentration of power.
  Since 2006, Congress has seen some of the lowest approval ratings in 
history. By giving only a few Members of the House positions of 
permanent power, we are only going to perpetuate that lack of trust.
  Mr. Speaker, the American people deserve better from us on the first 
day of this new Congress. I rise in opposition to these rules changes 
that roll back the clock on important reforms.

                              {time}  1530

  Ms. SLAUGHTER. I continue to reserve.
  Mr. DREIER. Mr. Speaker, I would just like to say that it doesn't 
appear that we have any other speakers on our side.
  Is the gentlewoman prepared to close debate on hers?
  Ms. SLAUGHTER. I am.
  Mr. DREIER. I yield myself the balance of the time.
  Mr. Speaker, we've had a fascinating debate here. I've repeatedly 
asked my colleagues on the other side of the aisle to yield to me so 
that we could engage in an exchange on this, and no one chose to yield 
to me at all, indicating exactly what this rules package is all about. 
We've repeatedly had academics quoted here over the past hour about the 
use of ``promptly'' and the fact that it kills legislation. Time and 
time again from the Chair, the Speaker of the House has ruled that a 
measure that is recommitted to a committee promptly is not killing the 
bill. Until the Chair says that, it is not killing the bill.
  We know that the last Congress was the single-most restrictive, 
closed Congress in the history of the Republic, and it is very, very 
sad to have this sacrosanct right being obliterated that is granted to 
the minority, as Thomas Jefferson outlined in his manual, talking about 
the procedures and the rights that the minority should have. It is 
outrageous in the wake of Barack Obama's pledge to the American people 
that he wanted to have greater transparency and accountability.
  Now, Mr. Speaker, at the conclusion of this debate on the package, 
I'll be offering a motion to commit, which could be the majority's last 
opportunity to freely decide the form of the motion to recommit. 
Included in the motion will be an amendment. This amendment is the 
minority's attempt to restore some of the Obama vision of openness, 
inclusiveness and transparency to the underlying rules package.
  First, it would restore the motion to recommit, which I've discussed. 
It is an important tool that ensures that the minority gets at least 
one chance, one bite at the apple, so that 100 million Americans 
represented by Members of the minority here can be heard.
  Second, it would restore term limits for committee chairmanships.
  Third, it would change committee membership ratios so that all 
committees, except the Rules and Ethics Committees, reflect the ratio 
of Democrats and Republicans in the House. This would help to ensure 
that the 100 million Americans, as I said, who are represented by 
Republicans would have some kind of say in this process.
  Fourth and finally, it would require that all committee votes be 
available online within 48 hours, a proposal from the Republican Study 
Committee.
  At the end of the last Congress, the Appropriations Committee filed 
reports on bills that had been ordered reported months before. The 
public should not have to wait to know how their Member voted in 
committee while committee chairmen dragged their feet. These four 
improvements are about nothing more than exactly what Barack Obama 
talked about--transparency, accountability and fairness.
  Today's historic rules package rolls back reforms made a century ago 
this month by a bipartisan working group of Members rising against the 
repressive rule of Speaker Joe Cannon. Two of the reforms that were 
codified during that historic revolt on opening day in 1909 were a 
motion of recommittal for the minority party and an increased threshold 
to set aside Calendar Wednesday. Ironically, we find ourselves here in 
the same well 100 years later, fighting to maintain these simple rights 
and guarantees which have for a century, Mr. Speaker, safeguarded this 
House from the rise of another tyrannical Speaker.
  So it is in that light that I ask Members to join me in supporting 
the motion to commit. Let us not undo what has been done. Let us learn 
from our past. Let us move forward with the hope and comity inspired by 
Barack Obama. Let's show the world that, in this House, the democratic 
process is alive and well no matter how large the majority. Vote 
``yes'' on the motion to commit.
  With that, I yield back the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, without any question, all of us who serve 
in this House love it. We understand our responsibilities to our 
constituents as well as to this institution. I want to make it 
absolutely clear, unequivocally clear, that no intention here today is 
to in any way impede the minority rights. We will defend them to the 
death.
  But we would have to be Alice in Wonderland, saying that she would be 
able to believe six impossible things before breakfast, if we gave 
serious thought for one moment to the possibility that a motion to 
recommit promptly is anything other than a way to kill a bill.
  What we are trying to do here is to expedite the process to get the 
Obama agenda, which apparently we are in solid agreement on, moved 
forward because the American people are crying out for it. It must be 
done. We want to do this fairly. We want to do this equitably. I hope 
we can do it with minds that meet on all of these subjects, but we must 
remove some of the gimmicks which have done nothing but subvert the 
will of the House.
  So I am really happy to close with this. I hope that everybody in the 
House--all of the new Members whom I congratulate, people who have been 
here for some time and those of us who have been moderately here for a 
long time--will all, please, get together today. There is nothing in 
here that hurts anyone. We are simply attempting to move forward the 
business of the United States of America for which we swore an oath not 
an hour ago.
  Ms. JACKSON LEE of Texas. Madam Speaker, let me congratulate you for 
your re-election as Speaker of the House. It is an honor that you have 
served with great distinction and verve. I look forward to more of your 
continued leadership in the 111th Congress.
  Mr. Speaker, I rise today in support of H. Res. 5, Adopting the rules 
for the One Hundred Eleventh Congress. The House Rules Package provides 
commonsense reforms that will enable Congress to work more efficiently 
for America.
  In the 110th Congress, Democrats put forth critical measures to 
restore integrity and accountability to the House. These reforms were 
the most sweeping ethics and lobbying reforms since Watergate and has 
changed the way Congress does business in Washington. The reforms 
adopted by the 110th Congress included banning gifts from lobbyists, 
prohibiting the use of corporate jets, mandating ethics training for 
all House employees, establishing a new, independent Office of 
Congressional Ethics, and ensuring transparency for budget earmarks by 
requiring the full disclosure of earmarks in all bills and conference 
reports.
  The Rule Package for the 111th Congress builds upon these reforms to 
further strengthen the integrity of Congress. Key provisions include 
closing the loophole regarding ``lame-duck'' Members negotiating post-
Congressional employment, codifying additional earmark reforms adopted 
in mid-term in the 110th Congress, continuing the Office of 
Congressional Ethics, maintaining strong PAYGO rules, and improving 
Congress's effectiveness

[[Page 20]]

by removing an abusive practice where popular measures are killed 
through unrelated, ``gotcha'' amendments on motions to recommit.
  On this last point, noted Congressional scholar Norm Ornstein pointed 
out in the Roll Call, August 13, 2007, ``Using `promptly' . . . is a 
subterfuge, a way to kill bills, and reflects a desire not to legislate 
but embarrass vulnerable majority Members through a ``gotcha'' process. 
The Rules Package protects the minority and still preserves its ability 
to recommit. Specifically, the minority can offer a motion to recommit 
``forthwith,'' where the GOP amendment is immediately voted upon and, 
if adopted, is added to the bill. Additionally, the minority can offer 
a straight motion to recommit the bill to committee (in which case the 
vote occurs on the merits of the bill itself).
  Mr. Speaker, the Rules Package removes term limits for Committee 
Chairmen from House Rules. Instead, each party should determine its own 
rules on the tenure of Committee Chairs and/or Ranking Members--and 
they should be reflected in Democratic Caucus Rules and Republican 
Conference Rules. In practice, term limits have resulted in the 
creation of a ``pay-to-play'' system, where the chief criterion for 
being selected as a new Chair has in many instances been a Member's 
fundraising prowess. This had the effect of focusing upon fundraising 
and undermining the integrity of Congress and the legislative process.
  Lastly, I am pleased that the Select Committee on Energy Independence 
and Global Warming, the Tom Lantos Human Rights Commission, and the 
House Democracy Assistance Commission will be continued. These entities 
have done tremendous work.
  I urge my colleagues to support the Rules Package. I believe this 
package restores integrity and accountability.
  Mr. CARDOZA. Mr. Speaker, at the beginning of the 110th Congress, the 
new Democratic majority reinstated the proven PAYGO rules that were 
abandoned by President Bush and the then-Republican Congress as an 
important first step in ending reckless spending and getting our 
country back on track fiscally.
  I am proud to say that the House rules package for the 111th Congress 
maintains the Democratic commitment that government should live within 
its means--just as every family across America must live within its own 
budget.
  While the House of Representatives consistently adheres to the PAYGO 
rules, the fact remains that these are tough times for our country 
economically and financially.
  Millions of American families' jobs and livelihoods are at risk and 
we have the responsibility to react in a timely and efficient manner.
  As such, Blue Dogs have worked to include an emergency exception to 
the House PAYGO rules, similar to the emergency provisions used 
throughout the 1990s, so that Congress has the flexibility it needs to 
respond to extraordinary circumstances.
  Let me be clear: this is not just simply a way around PAYGO. This can 
only be used in the event of true, defined emergencies such as war, a 
response to an act of terrorism, a natural disaster, or even the 
current economic crisis.
  What is profoundly difficult in all this is that just 8 years ago, 
President Bush inherited--and squandered--a projected $5.6 trillion 
surplus from President Clinton.
  Had President Bush not abandoned the Blue Dog principles of fiscal 
responsibility that we have long preached, the projected $5.6 trillion 
dollar surplus would have been available for us to respond to the 
economic crisis in a swift and effective manner, without having to ask 
foreign nations such as China, Saudi Arabia, and Iran to pay our bills.
  In spite of our Nation's current ailments, one thing is for certain. 
PAYGO is and must continue to be our guiding principle. We should not 
be in the economic and fiscal situation that we are today, and it's 
high time we start doing the right thing by paying for what this 
country buys.
  Ms. SLAUGHTER. Mr. Speaker, I yield back the balance of my time, and 
I move the previous question on the resolution.
  The previous question was ordered.


                            Motion to Commit

  Mr. DREIER. Mr. Speaker, I offer a motion to commit.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. Dreier moves to commit the resolution to a select 
     committee comprised of the Majority Leader and the Minority 
     Leader with instructions to report the same back to the House 
     forthwith with the following amendments:
       Page 3, strike lines 1 through 13 (relating to terms of 
     committee chairmen) and redesignate subsections (e) and (f) 
     accordingly.
       Page 4, strike lines 13 through 25 (relating to 
     instructions in the motion to recommit) and redesignate 
     succeeding subsections accordingly.
       At the end of section 2, insert the following new 
     subsections:
       (k) Fairness in Committee Ratios.--Clause 5(a)(1) of rule X 
     is amended by inserting the following after the first 
     sentence: ``With respect to all committees other than the 
     Committee on Rules and the Committee on Standards of Official 
     Conduct, the ratio of majority to minority Members serving on 
     such committees shall reflect the ratio of majority to 
     minority Members in the House.''
       (l) Ensuring Transparency in Committee Votes.--Clause 
     2(e)(1)(B)(i) of rule XI is amended to read as follows:

       ``(i) Except as provided in subdivision (B)(ii) and subject 
     to paragraph (k)(7), the result of each such record vote 
     shall be made available by the committee within two business 
     days on the committee's website and for inspection by the 
     public at reasonable times in its offices. Information so 
     available shall include a description of the amendment, 
     motion, order, or other proposition, the name of each member 
     voting for and each member voting against such amendment, 
     motion, order, or proposition, and the names of those members 
     of the committee present but not voting.''.

  Mr. DREIER (during the reading). Mr. Speaker, I ask unanimous consent 
that the motion be considered as having been read.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to commit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to commit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. DREIER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 174, 
nays 249, not voting 6, as follows:

                              [Roll No. 3]

                               YEAS--174

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--249

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)

[[Page 21]]


     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gillibrand
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--6

     Boucher
     Capuano
     Herseth Sandlin
     Posey
     Solis (CA)
     Towns

                              {time}  1608

  Messrs. BISHOP of New York, MILLER of North Carolina, SPACE, SCHIFF, 
DAVIS of Illinois, HONDA, WEINER, MURPHY of Connecticut, GORDON of 
Tennessee, Ms. JACKSON-LEE of Texas, Ms. WATSON, Ms. CORRINE BROWN of 
Florida, Mrs. MALONEY, Ms. DeGETTE and Ms. HIRONO changed their vote 
from ``yea'' to ``nay.''
  Messrs. COLE, DANIEL E. LUNGREN of California, GARRETT of New Jersey, 
AKIN, TIAHRT, BILIRAKIS, SCHOCK, YOUNG of Alaska, SMITH of New Jersey, 
ROHRABACHER, SESSIONS, STEARNS, JONES and Mrs. CAPITO changed their 
vote from ``nay'' to ``yea.''
  So the motion to commit was rejected.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. DREIER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 242, 
nays 181, not voting 7, as follows:

                              [Roll No. 4]

                               YEAS--242

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gillibrand
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Wu
     Yarmuth

                               NAYS--181

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Minnick
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Pastor (AZ)
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Roskam
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Waters
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Young (AK)
     Young (FL)

                             NOT VOTING--7

     Boucher
     Capuano
     Melancon
     Pomeroy
     Sanchez, Loretta
     Solis (CA)
     Towns


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are less than 2 
minutes remaining in this vote.

[[Page 22]]



                              {time}  1631

  Ms. WATERS changed her vote from ``yea'' to ``nay.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. POSEY. Madam Speaker, on rollcall No. 4, had I been present, I 
would have voted ``yea.''

                          ____________________




    ELECTING MEMBERS TO CERTAIN STANDING COMMITTEES OF THE HOUSE OF 
                            REPRESENTATIVES

  Mr. LARSON of Connecticut. Madam Speaker, by direction of the 
Democratic Caucus, I offer a privileged resolution and ask for its 
immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 8

       Resolved, That the following named Members be and are 
     hereby elected to the following standing committees of the 
     House of Representatives:
       (1) Committee on agriculture.--Mr. Peterson of Minnesota, 
     Chairman.
       (2) Committee on appropriations.--Mr. Obey, Chairman.
       (3) Committee on armed services.--Mr. Skelton, Chairman.
       (4) Committee on the budget.--Mr. Spratt, Chairman.
       (5) Committee on education and labor.--Mr. George Miller of 
     California, Chairman.
       (6) Committee on energy and commerce.--Mr. Waxman, 
     Chairman.
       (7) Committee on financial services.--Mr. Frank of 
     Massachusetts, Chairman.
       (8) Committee on foreign affairs.--Mr. Berman, Chairman.
       (9) Committee on homeland security.--Mr. Thompson of 
     Mississippi, Chairman.
       (10) Committee on house administration.--Mr. Brady of 
     Pennsylvania, Chairman.
       (11) Committee on the judiciary.--Mr. Conyers, Chairman.
       (12) Committee on natural resources.--Mr. Rahall, Chairman.
       (13) Committee on oversight and government reform.--Mr. 
     Towns, Chairman.
       (14) Committee on rules.--Ms. Slaughter, Chairman; Mr. 
     McGovern, Mr. Hastings of Florida, Ms. Matsui, Mr. Cardoza, 
     Mr. Welch, Ms. Castor of Florida, Mr. Arcuri, Ms. Sutton.
       (15) Committee on science and technology.--Mr. Gordon of 
     Tennessee, Chairman.
       (16) Committee on small business.--Ms. Velazquez, Chairman.
       (17) Committee on transportation and infrastructure.--Mr. 
     Oberstar, Chairman.
       (18) Committee on veterans' affairs.--Mr. Filner, Chairman.
       (19) Committee on ways and means.--Mr. Rangel, Chairman.

  Mr. LARSON of Connecticut (during the reading). Madam Speaker, I ask 
unanimous consent that the resolution be considered as read and printed 
in the Record.
  The SPEAKER pro tempore (Ms. Baldwin). Is there objection to the 
request of the gentleman from Connecticut?
  There was no objection.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




ELECTING CERTAIN MINORITY MEMBERS TO CERTAIN STANDING COMMITTEES OF THE 
                        HOUSE OF REPRESENTATIVES

  Mr. PENCE. Madam Speaker, by direction of the Republican Conference, 
I offer a privileged resolution and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 12

       Resolved, That the following Members are, and are hereby, 
     elected to the following standing committees of the House of 
     Representatives:
        Committee on Agriculture--Mr. Lucas.
        Committee on Appropriations--Mr. Lewis of California.
        Committee on Armed Services--Mr. McHugh.
        Committee on the Budget--Mr. Ryan of Wisconsin.
        Committee on Education and Labor--Mr. McKeon.
        Committee on Energy and Commerce--Mr. Barton of Texas.
        Committee on Financial Services--Mr. Bachus.
        Committee on Foreign Affairs--Ms. Ros-Lehtinen.
        Committee on Homeland Security--Mr. King of New York.
        Committee on the Judiciary--Mr. Smith of Texas.
        Committee on Natural Resources--Mr. Hastings of 
     Washington.
        Committee on Oversight and Government Reform--Mr. Issa.
        Committee on Rules--Mr. Dreier.
        Committee on Science and Technology--Mr. Hall of Texas.
        Committee on Small Business--Mr. Graves.
        Committee on Transportation and Infrastructure--Mr. Mica.
        Committee on Veterans' Affairs--Mr. Buyer.
       Committee on Ways and Means--Mr. Camp of Michigan.

  Mr. PENCE (during the reading). Madam Speaker, I ask unanimous 
consent that the resolution be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                         DAILY HOUR OF MEETING

  Ms. SLAUGHTER. Madam Speaker, I offer a privileged resolution and ask 
for its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 10

       Resolved, That unless otherwise ordered, before Monday, May 
     18, 2009, the hour of daily meeting of the House shall be 2 
     p.m. on Mondays; noon on Tuesdays; and 10 a.m. on all other 
     days of the week; and from Monday, May 18, 2009, until the 
     end of the first session, the hour of daily meeting of the 
     House shall be noon on Mondays; 10 a.m. on Tuesdays, 
     Wednesdays, and Thursdays; and 9 a.m. on all other days of 
     the week.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




      REGARDING CONSENT TO ASSEMBLE OUTSIDE THE SEAT OF GOVERNMENT

  Ms. SLAUGHTER. Madam Speaker, I offer a privileged concurrent 
resolution and ask for its immediate consideration.
  The Clerk read the concurrent resolution, as follows:

                             H. Con. Res. 1

       Resolved by the House of Representatives (the Senate 
     concurring), That pursuant to clause 4, section 5, article I 
     of the Constitution, during the One Hundred Eleventh Congress 
     the Speaker of the House and the Majority Leader of the 
     Senate or their respective designees, acting jointly after 
     consultation with the Minority Leader of the House and the 
     Minority Leader of the Senate, may notify the Members of the 
     House and the Senate, respectively, to assemble at a place 
     outside the District of Columbia if, in their opinion, the 
     public interest shall warrant it.

  The concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




  AUTHORIZING SPEAKER, MAJORITY LEADER, AND MINORITY LEADER TO ACCEPT 
      RESIGNATIONS AND MAKE APPOINTMENTS DURING THE 111TH CONGRESS

  Mr. HOYER. Madam Speaker, I ask unanimous consent that during the 
111th Congress, the Speaker, majority leader, and minority leader be 
authorized to accept resignations and to make appointments authorized 
by law or by the House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.

                          ____________________




 GRANTING MEMBERS OF THE HOUSE PRIVILEGE TO EXTEND REMARKS AND INCLUDE 
   EXTRANEOUS MATERIAL IN THE CONGRESSIONAL RECORD DURING THE 111TH 
                                CONGRESS

  Mr. HOYER. Madam Speaker, I ask unanimous consent that during the 
111th Congress, all Members be permitted to extend their remarks and to 
include extraneous material within the permitted limit in that section 
of the Record entitled ``Extensions of Remarks.''
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?

[[Page 23]]

  There was no objection.

                          ____________________




                  MAKING IN ORDER MORNING-HOUR DEBATE

  Mr. HOYER. Madam Speaker, I ask unanimous consent that during the 
first session of the 111th Congress:
  (1) on legislative days of Monday when the House convenes pursuant to 
House Resolution 10, the House shall convene 90 minutes earlier than 
the time otherwise established by the resolution solely for the purpose 
of conducting morning-hour debate; and
  (2) on legislative days of Tuesday when the House convenes pursuant 
to House Resolution 10:
  (A) before May 18, 2009, the House will convene for morning-hour 
debate 90 minutes earlier than the time otherwise established by that 
resolution; and
  (B) after May 18, 2009, the House shall convene for morning-hour 
debate 1 hour earlier than the time otherwise established by that 
resolution; and
  (3) on legislative days of Monday or Tuesday, when the House convenes 
for morning-hour debate pursuant to an order other than House 
Resolution 10, the House shall resume its session 90 minutes after the 
time otherwise established by that order;
  (4) the time for morning-hour debate shall be limited to the 30 
minutes allocated to each party, except that on Tuesdays after May 18, 
2009, the time shall be limited to 25 minutes allocated to each party 
and may not continue beyond 10 minutes before the hour appointed for 
the resumption of the session of the House; and
  (5) the form of proceeding for morning-hour debate shall be as 
follows:
  (a) the prayer by the Chaplain, the approval of the Journal and the 
Pledge of Allegiance to the flag shall be postponed until resumption of 
the session of the House;
  (b) initial and subsequent recognitions for debate shall alternate 
between the parties;
  (c) recognition shall be conferred by the Speaker only pursuant to 
lists submitted by the majority leader and by the minority leader;
  (d) no Member may address the House for longer than 5 minutes, except 
the majority leader, the minority leader, or the minority whip; and
  (e) following morning-hour debate, the Chair shall declare a recess 
pursuant to clause 12(a) of rule I until the time appointed for the 
resumption of the session of the House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.

                          ____________________




              REPORT OF COMMITTEE TO NOTIFY THE PRESIDENT

  Mr. HOYER. Madam Speaker, your committee appointed on the part of the 
House to join a like committee on the part of the Senate to notify the 
President of the United States that a quorum of each House has been 
assembled and is ready to receive any communication that he may be 
pleased to make has performed that duty.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. The Chair customarily takes this occasion at 
the outset of a Congress to announce her policies with respect to 
particular aspects of the legislative process. The Chair will insert in 
the Record announcements concerning:
  first, privileges of the floor;
  second, introduction of bills and resolutions;
  third, unanimous-consent requests for the consideration of 
legislation;
  fourth, recognition for 1-minute speeches;
  fifth, recognition for Special Order speeches;
  sixth, decorum in debate;
  seventh, conduct of votes by electronic device;
  eighth, use of handouts on the House floor;
  ninth, use of electronic equipment on the House floor; and
  tenth, use of the Chamber.
  These announcements, where appropriate, will reiterate the origins of 
the stated policies. The Chair intends to continue in the 111th 
Congress the policies reflected in these statements. The policy 
announced in the 102nd Congress with respect to jurisdictional concepts 
related to clause 5(a) of rule XXI--tax and tariff measures--will 
continue to govern but need not be reiterated, as it is adequately 
documented as precedent in the House Rules and Manual.
  Without objection, the announcements will be printed in the Record.
  There was no objection.

                       1. Privileges of the Floor

       The Chair will make the following announcements regarding 
     floor privileges, which will apply during the 111th Congress.


           ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO STAFF

       Rule IV strictly limits those persons to whom the 
     privileges of the floor during sessions of the House are 
     extended, and that rule prohibits the Chair from entertaining 
     requests for suspension or waiver of that rule. As reiterated 
     by the Chair on January 21, 1986, January 3, 1985, January 
     25, 1983, and August 22, 1974, and as stated in Chapter 10, 
     section 2, of House Practice, the rule strictly limits the 
     number of committee staff on the floor at one time during the 
     consideration of measures reported from their committees. 
     This permission does not extend to Members' personal staff 
     except when a Member's amendment is actually pending during 
     the five-minute rule. It also does not extend to personal 
     staff of Members who are sponsors of pending bills or who are 
     engaging in special orders. The Chair requests the 
     cooperation of all Members and committee staff to assure that 
     only the proper number of staff are on the floor, and then 
     only during the consideration of measures within the 
     jurisdiction of their committees. The Chair is making this 
     statement and reiterating this policy because of Members' 
     past insistence upon strict enforcement of the rule. The 
     Chair requests each committee chair, and each ranking 
     minority member, to submit to the Speaker a list of those 
     staff who are allowed on the floor during the consideration 
     of a measure reported by their committee. The Sergeant-at-
     Arms, who has been directed to assure proper enforcement of 
     rule IV, will keep the list. Each staff person should 
     exchange his or her ID for a ``committee staff'' badge, which 
     is to be worn while on the floor. The Chair has consulted 
     with the Minority Leader and will continue to consult with 
     him.
       Furthermore, as the Chair announced on January 7, 2003, in 
     accordance with the change in the 108th Congress of clause 
     2(a) of rule IV regarding leadership staff floor access, only 
     designated staff approved by the Speaker shall be granted the 
     privilege of the floor. The Speaker intends that her approval 
     be narrowly granted on a bipartisan basis to staff from the 
     majority and minority side and only to those staff essential 
     to floor activities.


       ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO FORMER MEMBERS

       The Speaker's policy announced on February 1, 2006, will 
     continue to apply in the 111th Congress.


             ANNOUNCEMENT BY THE SPEAKER, FEBRUARY 1, 2006

       The SPEAKER. The House has adopted a revision to the rule 
     regarding the admission to the floor and the rooms leading 
     thereto. Clause 4 of rule IV provides that a former Member, 
     Delegate or Resident Commissioner or a former Parliamentarian 
     of the House, or a former elected officer of the House or a 
     former minority employee nominated as an elected officer of 
     the House shall not be entitled to the privilege of admission 
     to the Hall of the House and the rooms extending thereto if 
     he or she is a registered lobbyist or an agent of a foreign 
     principal; has any direct personal pecuniary interest in any 
     legislative measure pending before the House, or reported by 
     a committee; or is in the employ of or represents any party 
     or organization for the purpose of influencing, directly or 
     indirectly, the passage, defeat, or amendment of any 
     legislative proposal.
       This restriction extends not only to the House floor but 
     adjacent rooms, the cloakrooms and the Speaker's lobby.
       Clause 4 of rule IV also allows the Speaker to exempt 
     ceremonial and educational functions from the restrictions of 
     this clause. These restrictions shall not apply to attendance 
     at joint meetings or joint sessions, Former Members' Day 
     proceedings, educational tours, and other occasions as the 
     Speaker may designate.
       Members who have reason to know that a person is on the 
     floor inconsistent with clause 4 of rule IV should notify the 
     Sergeant-at-Arms promptly.

                2. Introduction of Bills and Resolutions

       The policy that the Chair announced on January 3, 1983, 
     with respect to the introduction and reference of bills and 
     resolutions will continue to apply in the 111th Congress. The 
     Chair has advised all officers and employees of the House 
     that are involved in the processing of bills that every bill, 
     resolution, memorial, petition or other material that is 
     placed in the hopper must bear the signature of a Member. 
     Where a bill or resolution is

[[Page 24]]

     jointly sponsored, the signature must be that of the Member 
     first named thereon. The bill clerk is instructed to return 
     to the Member any bill which appears in the hopper without an 
     original signature. This procedure was inaugurated in the 92d 
     Congress. It has worked well, and the Chair thinks that it is 
     essential to continue this practice to insure the integrity 
     of the process by which legislation is introduced in the 
     House.

   3. Unanimous-Consent Requests for the Consideration of Legislation

       The policy the Chair announced on January 6, 1999, with 
     respect to recognition for unanimous-consent requests for the 
     consideration of certain legislative measures will continue 
     to apply in the 111th Congress. The Speaker will continue to 
     follow the guidelines recorded in section 956 of the House 
     Rules and Manual conferring recognition for unanimous-consent 
     requests for the consideration of bills, resolutions, and 
     other measures only when assured that the majority and 
     minority floor leadership and the relevant committee chairs 
     and ranking minority members have no objection. Consistent 
     with those guidelines, and with the Chair's inherent power of 
     recognition under clause 2 of rule XVII, the Chair, and any 
     occupant of the Chair appointed as Speaker pro tempore 
     pursuant to clause 8 of rule I, will decline recognition for 
     the unanimous-consent requests chronicled in section 956 
     without assurances that the request has been so cleared. This 
     denial of recognition by the Chair will not reflect 
     necessarily any personal opposition on the part of the Chair 
     to orderly consideration of the matter in question, but will 
     reflect the determination upon the part of the Chair that 
     orderly procedures will be followed; that is, procedures 
     involving consultation and agreement between floor and 
     committee leadership on both sides of the aisle.

                 4. Recognition for One-Minute Speeches


    ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO ONE-MINUTE SPEECHES

       The Speaker's policy announced on August 8, 1984, with 
     respect to recognition for one-minute speeches will apply 
     during the 111th Congress. The Chair will alternate 
     recognition for one-minute speeches between majority and 
     minority Members, in the order in which they seek recognition 
     in the well under present practice from the Chair's right to 
     the Chair's left, with possible exceptions for Members of the 
     leadership and Members having business requests. The Chair, 
     of course, reserves the right to limit one-minute speeches to 
     a certain period of time or to a special place in the program 
     on any given day, with notice to the leadership.

               5. Recognition for Special-Order Speeches


   ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO SPECIAL-ORDER SPEECHES

       The Speaker's policy with regard to special-order speeches 
     announced on February 11, 1994, as clarified and reiterated 
     by subsequent Speakers, will continue to apply in the 111th 
     Congress, with the following modifications.
       The Chair may recognize Members for special-order speeches 
     for up to 4 hours after the conclusion of 5-minute special-
     order speeches. Such speeches may not extend beyond the 4-
     hour limit without the permission of the Chair, which may be 
     granted only with advance consultation between the 
     leaderships and notification to the House. However, the Chair 
     will not recognize for any special-order speeches beyond 
     midnight.
       The Chair will first recognize Members for 5-minute 
     special-order speeches, alternating initially and 
     subsequently between the parties regardless of the date the 
     order was granted by the House. The Chair will then recognize 
     Members for longer special-order speeches. A Member 
     recognized for a 5-minute special-order speech may not be 
     recognized for a longer special-order speech. The 4-hour 
     limitation will be divided between the majority and minority 
     parties. Each party is entitled to reserve its first hour for 
     respective leaderships or their designees. Recognition for 
     periods longer than 5 minutes also will alternate initially 
     and subsequently between the parties each day.
       The allocation of time within each party's 2-hour period 
     (or shorter period if prorated to end by midnight) will be 
     determined by a list submitted to the Chair by the respective 
     leaderships. Members may not sign up with their leadership 
     for any special-order speeches earlier than 1 week prior to 
     the special order. Additional guidelines may be established 
     for such sign-ups by the respective leaderships.
       Pursuant to clause 2(a) of rule V, the television cameras 
     will not pan the Chamber, but a ``crawl'' indicating the 
     conduct of morning-hour debate or that the House has 
     completed its legislative business and is proceeding with 
     special-order speeches will appear on the screen. The Chair 
     may announce other adaptations during this period.
       The continuation of this format for recognition by the 
     Speaker is without prejudice to the Speaker's ultimate power 
     of recognition under clause 2 of rule XVII should 
     circumstances warrant.

                          6. Decorum in Debate

       The Chair's announced policies of January 7, 2003, January 
     4, 1995, and January 3, 1991, will apply in the 111th 
     Congress. It is essential that the dignity of the proceedings 
     of the House be preserved, not only to assure that the House 
     conducts its business in an orderly fashion but also to 
     permit Members to properly comprehend and participate in the 
     business of the House. To this end, and in order to permit 
     the Chair to understand and to correctly put the question on 
     the numerous requests that are made by Members, the Chair 
     requests that Members and others who have the privileges of 
     the floor desist from audible conversation in the Chamber 
     while the business of the House is being conducted. The Chair 
     would encourage all Members to review rule XVII to gain a 
     better understanding of the proper rules of decorum expected 
     of them, and especially: to avoid ``personalities'' in debate 
     with respect to references to other Members, the Senate, and 
     the President; to address the Chair while standing and only 
     during, and not beyond, the time recognized, and not to 
     address the television or other imagined audience; to refrain 
     from passing between the Chair and a Member speaking, or 
     directly in front of a Member speaking from the well; to 
     refrain from smoking in the Chamber; to wear appropriate 
     business attire in the Chamber; and to generally display the 
     same degree of respect to the Chair and other Members that 
     every Member is due.
       The Chair would like all Members to be on notice that the 
     Chair intends to strictly enforce time limitations on debate. 
     Furthermore, the Chair has the authority to immediately 
     interrupt Members in debate who transgress rule XVII by 
     failing to avoid ``personalities'' in debate with respect to 
     references to the Senate, the President, and other Members, 
     rather than wait for Members to complete their remarks.
       Finally, it is not in order to speak disrespectfully of the 
     Speaker; and under the precedents the sanctions for such 
     violations transcend the ordinary requirements for timeliness 
     of challenges. This separate treatment is recorded in volume 
     2 of Hinds' Precedents, at section 1248 and was reiterated on 
     January 19, 1995.

                7. Conduct of Votes by Electronic Device

       The Speaker's policy announced on January 4, 1995, with 
     respect to the conduct of electronic votes will continue in 
     the 111th Congress with modifications as follows.
       As Members are aware, clause 2(a) of rule XX provides that 
     Members shall have not less than 15 minutes in which to 
     answer an ordinary record vote or quorum call. The rule 
     obviously establishes 15 minutes as a minimum. Still, with 
     the cooperation of the Members, a vote can easily be 
     completed in that time. The events of October 30, 1991, stand 
     out as proof of this point. On that occasion, the House was 
     considering a bill in the Committee of the Whole under a 
     special rule that placed an overall time limit on the 
     amendment process, including the time consumed by record 
     votes. The Chair announced, and then strictly enforced, a 
     policy of closing electronic votes as soon as possible after 
     the guaranteed period of 15 minutes. Members appreciated and 
     cooperated with the Chair's enforcement of the policy on that 
     occasion.
       The Chair desires that the example of October 30, 1991, be 
     made the regular practice of the House. To that end, the 
     Chair enlists the assistance of all Members in avoiding the 
     unnecessary loss of time in conducting the business of the 
     House. The Chair encourages all Members to depart for the 
     Chamber promptly upon the appropriate bell and light signal. 
     As in recent Congresses, the cloakrooms should not forward to 
     the Chair requests to hold a vote by electronic device, but 
     should simply apprise inquiring Members of the time remaining 
     on the voting clock. Members should not rely on signals 
     relayed from outside the Chamber to assume that votes will be 
     held open until they arrive in the Chamber. Members will be 
     given a reasonable amount of time in which to accurately 
     record their votes. No occupant of the Chair would prevent a 
     Member who is in the well before the announcement of the 
     result from casting his or her vote. The Speaker believes the 
     best practice for presiding officers is to await the Clerk's 
     certification that a vote tally is complete and accurate.

                   8. Use of Handouts on House Floor

       The Speaker's policy announced on September 27, 1995, which 
     was prompted by a misuse of handouts on the House floor and 
     made at the bipartisan request of the Committee on Standards 
     of Official Conduct, will continue in the 111th Congress. All 
     handouts distributed on or adjacent to the House floor by 
     Members during House proceedings must bear the name of the 
     Member authorizing their distribution. In addition, the 
     content of those materials must comport with standards of 
     propriety applicable to words spoken in debate or inserted in 
     the Record. Failure to comply with this admonition may 
     constitute a breach of decorum and may give rise to a 
     question of privilege.
       The Chair would also remind Members that, pursuant to 
     clause 5 of rule IV, staff is prohibited from engaging in 
     efforts in the Hall of the House or rooms leading thereto to 
     influence Members with regard to the legislation being 
     amended. Staff cannot distribute handouts.
       In order to enhance the quality of debate in the House, the 
     Chair would ask Members to minimize the use of handouts.

[[Page 25]]



             9. Use of Electronic Equipment on House Floor

       The Speaker's policy announced on January 27, 2000, as 
     modified by the change in clause 5 of rule XVII in the 108th 
     Congress, will continue in the 111th Congress. All Members 
     and staff are reminded of the absolute prohibition contained 
     in clause 5 of rule XVII against the use of a wireless 
     telephone or personal computer upon the floor of the House at 
     any time.
       The Chair requests all Members and staff wishing to receive 
     or make wireless telephone calls to do so outside of the 
     Chamber. The Chair further requests that all Members and 
     staff refrain from wearing telephone headsets in the Chamber 
     and to deactivate any audible ring of wireless phones before 
     entering the Chamber. To this end, the Chair insists upon the 
     cooperation of all Members and staff and instructs the 
     Sergeant-at-Arms, pursuant to clause 3(a) of rule II and 
     clause 5 of rule XVII, to enforce this prohibition.

                           10. Use of Chamber

       The Speaker will make the following announcement with 
     regard to use of the Chamber in the 111th Congress.
       The Chair will announce to the House the policy of the 
     Speaker concerning appropriate comportment in the chamber 
     when the House is not in session.
       Under clause 3 of rule I, the Speaker is responsible to 
     control the Hall of the House. Under clause 1 of rule IV, the 
     Hall of the House is to be used only for the legislative 
     business of the House, for caucus and conference meetings of 
     its Members, and for such ceremonies as the House might agree 
     to conduct there.
       When the House stands adjourned, its chamber remains on 
     static display. It may accommodate visitors in the gallery or 
     on the floor, subject to the needs of those who operate, 
     maintain, and secure the chamber to go about their ordinary 
     business. Because outside ``coverage'' of the chamber is 
     limited to floor proceedings and is allowed only by 
     accredited journalists, when the chamber is on static display 
     no audio and video recording or transmitting devices are 
     allowed. The long custom of disallowing even still 
     photography in the chamber is based at least in part on the 
     notion that an image having this setting as its backdrop 
     might be taken to carry the imprimatur of the House.
       The imprimatur of the House adheres to the Journal of its 
     proceedings, which is kept pursuant to the Constitution. The 
     imprimatur of the House adheres to the Congressional Record, 
     which is kept as a substantially verbatim transcript pursuant 
     to clause 8 of rule XVII. The imprimatur of the House adheres 
     to the audio and visual transmissions and recordings that are 
     made and kept by the television system administered by the 
     Speaker pursuant to rule V. But the imprimatur of the House 
     may not be appropriated to other, ad hoc accounts or 
     compositions of events in its chamber.
       There have been reports during a recent ``August recess'' 
     that the chamber was turned to inappropriate use by concerted 
     activity. Those reports included the solicitation of visitors 
     to fill seats on the floor to observe mock proceedings on the 
     floor, dissemination of bootleg ``coverage'' of these 
     proceedings over the internet, and lobbyist participation in 
     the speechmaking.
       Things of this sort should not recur. Members correctly 
     refer to this place as ``the people's House.'' It is, indeed, 
     the chamber of the people's House of Representatives. It is 
     for legislative deliberations and ceremonies. It is not for 
     political rallies. The Chair enlists the good judgment of all 
     Members to the end that this chamber be preserved as the 
     sanctuary of solemnity, deliberacy, and decorum that the 
     rules of the House ordain it to be.

                          ____________________




              REPORT OF COMMITTEE TO NOTIFY THE PRESIDENT

  Mr. BOEHNER. Madam Speaker, your committee appointed on the part of 
the House to join a like committee on the part of the Senate to notify 
the President of the United States that a quorum of each House has been 
assembled and is ready to receive any communication that he may be 
pleased to make has performed that duty.

                          ____________________




       APPOINTMENT OF MEMBERS TO HOUSE OFFICE BUILDING COMMISSION

  The SPEAKER pro tempore. Pursuant to 2 U.S.C. 2001, and the order of 
the House of today, the Chair announces the Speaker's appointment of 
the gentleman from Maryland (Mr. Hoyer) and the gentleman from Ohio 
(Mr. Boehner) as members of the House Office Building Commission to 
serve with herself.

                          ____________________




  APPOINTMENT AS INSPECTOR GENERAL OF THE HOUSE FOR THE 111TH CONGRESS

  The SPEAKER pro tempore. Pursuant to clause 6(b) of rule II, and the 
order of the House of today, the Chair announces that the Speaker, 
majority leader and minority leader jointly appoint Mr. James J. 
Cornell, Springfield, Virginia, to the position of Inspector General 
for the House of Representatives for the 111th Congress.

                          ____________________




  APPOINTMENT OF MEMBERS TO PERMANENT SELECT COMMITTEE ON INTELLIGENCE

  The SPEAKER pro tempore. Pursuant to clause 11 of rule X, clause 11 
of rule I, and the order of the House of today, the Chair announces the 
Speaker's appointment of the following Members of the House to the 
Permanent Select Committee on Intelligence:
  Mr. Reyes, Texas, Chairman
  Mr. Hoekstra, Michigan

                          ____________________




APPOINTMENT OF HON. STENY H. HOYER AND HON. CHRIS VAN HOLLEN TO ACT AS 
  SPEAKER PRO TEMPORE TO SIGN ENROLLED BILLS AND JOINT RESOLUTIONS IN 
                SPEAKER'S ABSENCE DURING 111TH CONGRESS

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                  January 6, 2009.
       I hereby appoint the Honorable Steny H. Hoyer and the 
     Honorable Chris Van Hollen to act as Speaker pro tempore to 
     sign enrolled bills and joint resolutions in my absence 
     during the period of the One Hundred Eleventh Congress.
                                                     Nancy Pelosi,
                          Speaker of the House of Representatives.

  The SPEAKER pro tempore. Without objection, the appointment is 
approved.
  There was no objection.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                              Office of the Clerk,


                                     House of Representatives,

                                  Washington, DC, January 6, 2009.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives, Washington, DC.
       Dear Madam Speaker: Under clause 2(g) of rule II of the 
     Rules of the U.S. House of Representatives, I herewith 
     designate Ms. Deborah M. Spriggs, Deputy Clerk and Mr. Robert 
     F. Reeves, Deputy Clerk, to sign any and all papers and do 
     all other acts for me under the name of the Clerk of the 
     House which they would be authorized to do by virtue of this 
     designation, except such as are provided by statute, in case 
     of my temporary absence or disability.
       This designation shall remain in effect for the 111th 
     Congress or until modified by me.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




                              {time}  1645
               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                              Office of the Clerk,


                                     House of Representatives,

                                  Washington, DC, January 6, 2009.
     Hon. Nancy Pelosi,
     The Speaker, The Capitol, House of Representatives, 
         Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of Rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on January 6, 2009, at 9:26 
     a.m.:
       Appointments: Congressional Oversight Panel.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




   REAPPOINTMENT OF INDIVIDUALS TO GOVERNING BOARD OF THE OFFICE OF 
                          CONGRESSIONAL ETHICS

  The SPEAKER pro tempore. Pursuant to section 4(d) of House Resolution 
5, 111th Congress, and the order of the House of today, the Chair 
announces

[[Page 26]]

the reappointment of the following individuals to serve as the 
Governing Board of the Office of Congressional Ethics: Nominated by the 
Speaker with the concurrence of the minority leader:
  Mr. David Skaggs, Colorado, Chairman
  Mrs. Yvonne Brathwaite Burke, California, subject to section 
1(b)(6)(B)
  Ms. Karan English, Arizona, subject to section 1(b)(6)(B)
  Mr. Abner Mikva, Illinois, Alternate Nominated by the minority leader 
with the concurrence of the Speaker:
  Mr. Porter J. Goss, Florida, Cochairman
  Mr. James M. Eagen, III, Colorado, subject to section 1(b)(6)(B)
  Ms. Allison R. Hayward, Virginia, subject to section 1(b)(6)(B)
  Mr. Bill Frenzel, Virginia, Alternate

                          ____________________




                            RECALL DESIGNEE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                              The Speaker's Rooms,


                                     House of Representatives,

                                  Washington, DC, January 6, 2009.
     Hon. Lorraine C. Miller,
     Clerk of the House of Representatives,
     The Capitol, Washington, DC.
       Dear Madam Clerk: Pursuant to House Concurrent Resolution 
     1, and also for purposes of such concurrent resolutions of 
     the current Congress as may contemplate my designation of 
     Members to act in similar circumstances, I hereby designate 
     Representative Steny Hoyer of Maryland to act jointly with 
     the Majority Leader of the Senate or his designee, in the 
     event of my death or inability, to notify the Members of the 
     House and the Senate, respectively, of any reassembly under 
     any such concurrent resolution. In the event of the death or 
     inability of that designee, the alternate Members of the 
     House listed in the letter bearing this date that I have 
     placed with the Clerk are designated, in turn, for the same 
     purposes.
           Sincerely,
                                                     Nancy Pelosi,
     Speaker.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. The Chair announces that the Speaker has 
delivered to the Clerk a letter dated January 6, 2009, listing Members 
in the order in which each shall act as Speaker pro tempore under 
clause 8(b)(3) of rule I.

                          ____________________




                   DAYS OF THE OLD WEST HAVE RETURNED

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Madam Speaker, it looks like the days of the Old 
West have returned and are being played out in the Middle East between 
Israel and Hamas.
  Innocent Israeli civilians have been targeted by Hamas terrorists. 
These terrorist outlaws have fired over 8,000 rockets and mortar shells 
at Israel since 2000, and they still won't quit. These extremists call 
for the total destruction of the nation of Israel. They are shooting at 
Israeli civilians in southern Israel with the help of Iranian-made 
long-range rockets.
  Self-defense is a basic human right, Madam Speaker. It is a principle 
that goes back to the Wild West: If you are getting shot at, you have 
the right to shoot back to defend yourself. And Israel is fighting 
back. Israel has the moral right and duty to protect its people from 
Hamas militants waging war against them.
  Hamas is nothing more than a ragtag gang of terrorists intent on 
kidnapping, killing and terrorizing as many Israelis as possible. These 
attacks cannot go unanswered. The United States must stand with Israel.
  Hamas doesn't want peace. They want a war of destruction against 
Israel. In the face of such hate, Israel is left with no other choice 
but to defend its people and its sovereign territory from these 
murderous outlaws.
  And that's just the way it is.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, and under a previous order of the House, the following 
Members will be recognized for 5 minutes each.

                          ____________________




      PROVIDING FOR THE DESIGNATION OF CERTAIN MINORITY EMPLOYEES

  Mr. BILBRAY. Madam Speaker, I offer a resolution and ask unanimous 
consent for its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 13

       Resolved, That pursuant to the Legislative Pay Act of 1929, 
     as amended, the six minority employees authorized therein 
     shall be the following named persons, effective January 3, 
     2009, until otherwise ordered by the House, to-wit: Neil 
     Bradley, Brian Gaston, Melanie Looney, Danielle Maurer, Nick 
     Schaper, and Russ Vought, each to receive gross compensation 
     pursuant to the provisions of House Resolution 119, Ninety-
     fifth Congress, as enacted into permanent law by section 115 
     of Public Law 95-94. In addition, the Minority Leader may 
     appoint and set the annual rate of pay for up to three 
     further minority employees.

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Altmire) to revise and 
extend their remarks and include extraneous material:)
  Mr. Costa, for 5 minutes, today.
  Ms. Norton, for 5 minutes, today.
  Ms. Woolsey, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  Mr. Sherman, for 5 minutes, today.
  (The following Members (at the request of Mr. Poe of Texas) to revise 
and extend their remarks and include extraneous material:)
  Mr. Poe of Texas, for 5 minutes, today, January 7, 8, 9, 12 and 13.
  Mr. Jones, for 5 minutes, today, January 7, 8, 9, 12 and 13.
  Mr. Burton of Indiana, for 5 minutes, today, January 7, 8 and 9.
  Mr. Kirk, for 5 minutes, January 7.

                          ____________________




                              ADJOURNMENT

  Mr. ALTMIRE. Madam Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 4 o'clock and 55 minutes 
p.m.), the House adjourned until tomorrow, Wednesday, January 7, 2009, 
at 10 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       1. A letter from the OSD Federal Register Liaison Officer, 
     DoD, Department of Defense, transmitting the Department's 
     ``Major'' final rule -- TRICARE; Hospital Outpatient 
     Prospective Payment System (OPPS) [DOD-2007-HA-0048] (RIN: 
     0720-AB19) received January 5, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Armed Services.
       2. A letter from the Director, Office of Congressional 
     Affairs, U.S. Nuclear Regulatory Commission, transmitting the 
     Commission's final rule -- Regulatory Changes to Implement 
     the Additional Protocol to the US/IAEA Safeguards Agreement 
     [NRC-2008-0543] (RIN: 3150-AH38) received January 5, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       3. A letter from the Secretary to the Board, Railroad 
     Retirement Board, transmitting the Board's report for FY 2008 
     on competitive sourcing activities, in accordance with 
     Section 647(b) of Division F of the Consolidated 
     Appropriations Act, Fiscal Year 2004, Pub. L. 108-199; to the 
     Committee on Oversight and Government Reform.
       4. A letter from the Clerk, U.S. House of Representatives, 
     transmitting a list of reports pursuant to clause 2(b), Rule 
     II of the Rules of the House of Representatives; (H. Doc. No. 
     111-4); to the Committee on House Administration and ordered 
     to be printed.
       5. A letter from the Program Analyst, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Changes to Requirements Affecting H-2A Nonimmigrants 
     [Docket No.: USCIS-2007-0055; CIS No. 2428-07] (RIN: 1615-
     AB65) received January 5, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on the Judiciary.

[[Page 27]]



                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

       Under clause 2 of rule XIII, reports of committees were 
     delivered to the Clerk for printing and reference to the 
     proper calendar, as follows:

           [The following action occurred on January 3, 2009]

       Mr. GENE GREEN of Texas and Mr. HASTINGS of Washington: 
     Committee on Standards of Official Conduct. Summary of 
     Activities of the Committee on Standards of Official Conduct 
     for the 110th Congress (Rept. 110-938). Referred to the 
     Committee of the Whole House on the state of the Union.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions of the 
following titles were introduced and severally referred, as follows:

           By Mr. GEORGE MILLER of California (for himself, Ms. 
             DeLauro, Ms. Hirono, Mr. Ruppersberger, Ms. 
             Schakowsky, Mr. Stark, Mr. Ackerman, Ms. Clarke, Mr. 
             Holt, Mr. Levin, Mr. Kildee, Mrs. McCarthy of New 
             York, Ms. Sutton, Mr. Van Hollen, Mr. Ellison, Ms. 
             Edwards of Maryland, Mr. Grijalva, Mr. Nadler of New 
             York, Ms. Norton, Mr. Oberstar, Ms. Matsui, Mrs. 
             Tauscher, Mr. Payne, Mr. Hodes, Mr. Jackson of 
             Illinois, Ms. Lee of California, Mr. Rothman of New 
             Jersey, Mr. Serrano, Mr. Weiner, Mr. Wu, Mr. Cohen, 
             Mr. Conyers, Mr. Hare, Mr. Israel, Mr. Larson of 
             Connecticut, Mr. Sestak, Mr. Abercrombie, Mr. 
             Andrews, Mr. Arcuri, Mr. Baca, Mr. Becerra, Ms. 
             Berkley, Mr. Bishop of New York, Mr. Blumenauer, Mr. 
             Boswell, Mr. Boucher, Mr. Brady of Pennsylvania, Mrs. 
             Capps, Mr. Carnahan, Mr. Carson of Indiana, Mr. Clay, 
             Mr. Cleaver, Mr. Clyburn, Mr. Courtney, Mr. Cummings, 
             Mr. Davis of Alabama, Mrs. Davis of California, Mr. 
             DeFazio, Ms. DeGette, Mr. Dicks, Mr. Engel, Mr. Farr, 
             Mr. Fattah, Mr. Filner, Ms. Giffords, Mrs. 
             Gillibrand, Mr. Hall of New York, Mr. Hastings of 
             Florida, Mr. Hinchey, Mr. Hinojosa, Mr. Honda, Ms. 
             Eddie Bernice Johnson of Texas, Mr. Johnson of 
             Georgia, Mr. Kagen, Mr. Kind, Mr. Langevin, Mr. Lewis 
             of Georgia, Mr. Lipinski, Mr. Loebsack, Ms. Zoe 
             Lofgren of California, Mrs. Lowey, Mr. Lynch, Mr. 
             Maffei, Mrs. Maloney, Mr. Markey of Massachusetts, 
             Ms. McCollum, Mr. McDermott, Mr. Michaud, Mr. Miller 
             of North Carolina, Mr. Moore of Kansas, Ms. Moore of 
             Wisconsin, Mr. Moran of Virginia, Mr. Patrick Murphy 
             of Pennsylvania, Mr. Obey, Mr. Olver, Mr. Pallone, 
             Mr. Pascrell, Mr. Peters, Mr. Reyes, Mr. Rodriguez, 
             Ms. Linda T. Sanchez of California, Ms. Loretta 
             Sanchez of California, Mr. Sarbanes, Mr. Schiff, Ms. 
             Schwartz, Mr. Scott of Georgia, Mr. Scott of 
             Virginia, Ms. Shea-Porter, Mr. Sherman, Mr. Sires, 
             Mr. Skelton, Ms. Slaughter, Ms. Speier, Mr. Tierney, 
             Mr. Towns, Ms. Tsongas, Mr. Visclosky, Mr. Walz, Ms. 
             Wasserman Schultz, Ms. Waters, Ms. Watson, Mr. 
             Waxman, Mr. Welch, Mr. Wexler, Ms. Woolsey, Mr. 
             Yarmuth, Ms. Harman, Ms. Kaptur, Mr. Kucinich, Mr. 
             McMahon, Mr. Murphy of Connecticut, Mr. Perriello, 
             Ms. Pingree of Maine, Mr. Pomeroy, Mr. Ryan of Ohio, 
             Mr. Thompson of Mississippi, Ms. Velazquez, Mr. 
             Heinrich, Mr. Baird, Ms. Baldwin, Mr. Berman, Mr. 
             Berry, Ms. Bordallo, Mr. Braley of Iowa, Ms. Corrine 
             Brown of Florida, Mr. Butterfield, Mr. Capuano, Mr. 
             Davis of Illinois, Mr. Dingell, Mrs. Christensen, Mr. 
             Doggett, Mr. Larsen of Washington, Mr. Watt, Mr. 
             Stupak, Ms. Castor of Florida, Mr. Rush, Mr. Ortiz, 
             Mr. Al Green of Texas, Mr. Gonzalez, Mr. Cooper, Mr. 
             Gene Green of Texas, Ms. Richardson, Mr. Higgins, Ms. 
             Jackson-Lee of Texas, Mr. Thompson of California, Mr. 
             Costello, Mr. Kennedy, Mr. Doyle, and Mr. Hoyer):
       H.R. 11. A bill to amend title VII of the Civil Rights Act 
     of 1964 and the Age Discrimination in Employment Act of 1967, 
     and to modify the operation of the Americans with 
     Disabilities Act of 1990 and the Rehabilitation Act of 1973, 
     to clarify that a discriminatory compensation decision or 
     other practice that is unlawful under such Acts occurs each 
     time compensation is paid pursuant to the discriminatory 
     compensation decision or other practice, and for other 
     purposes; to the Committee on Education and Labor.
           By Ms. DeLAURO (for herself, Mr. Doyle, Mr. Hoyer, Mr. 
             George Miller of California, Ms. Hirono, Mr. 
             Ruppersberger, Ms. Schakowsky, Mr. Stark, Mr. 
             Ackerman, Ms. Clarke, Mr. Holt, Mr. Levin, Mr. 
             Kildee, Mrs. McCarthy of New York, Ms. Sutton, Mr. 
             Van Hollen, Mr. Ellison, Ms. Edwards of Maryland, Mr. 
             Grijalva, Mr. Nadler of New York, Ms. Norton, Mr. 
             Oberstar, Ms. Matsui, Mrs. Tauscher, Mr. Payne, Mr. 
             Hodes, Mr. Jackson of Illinois, Ms. Lee of 
             California, Mr. Rothman of New Jersey, Mr. Serrano, 
             Mr. Weiner, Mr. Wu, Mr. Cohen, Mr. Conyers, Mr. Hare, 
             Mr. Israel, Mr. Larson of Connecticut, Mr. Sestak, 
             Mr. Abercrombie, Mr. Andrews, Mr. Arcuri, Mr. Baca, 
             Mr. Becerra, Ms. Berkley, Mr. Bishop of New York, Mr. 
             Blumenauer, Mr. Boswell, Mr. Boucher, Mr. Brady of 
             Pennsylvania, Mrs. Capps, Mr. Carnahan, Mr. Carson of 
             Indiana, Mr. Clay, Mr. Cleaver, Mr. Clyburn, Mr. 
             Courtney, Mr. Cummings, Mr. Davis of Alabama, Mrs. 
             Davis of California, Mr. DeFazio, Ms. DeGette, Mr. 
             Dicks, Mr. Engel, Mr. Farr, Mr. Fattah, Mr. Filner, 
             Ms. Giffords, Mrs. Gillibrand, Mr. Hall of New York, 
             Mr. Hastings of Florida, Mr. Hinchey, Mr. Hinojosa, 
             Mr. Honda, Ms. Eddie Bernice Johnson of Texas, Mr. 
             Johnson of Georgia, Mr. Kagen, Mr. Kind, Mr. 
             Langevin, Mr. Lewis of Georgia, Mr. Lipinski, Mr. 
             Loebsack, Ms. Zoe Lofgren of California, Mrs. Lowey, 
             Mr. Lynch, Mr. Maffei, Mrs. Maloney, Mr. Markey of 
             Massachusetts, Ms. McCollum, Mr. McDermott, Mr. 
             Michaud, Mr. Miller of North Carolina, Mr. Moore of 
             Kansas, Ms. Moore of Wisconsin, Mr. Moran of 
             Virginia, Mr. Patrick Murphy of Pennsylvania, Mr. 
             Obey, Mr. Olver, Mr. Pallone, Mr. Pascrell, Mr. 
             Peters, Mr. Reyes, Mr. Rodriguez, Ms. Linda T. 
             Sanchez of California, Ms. Loretta Sanchez of 
             California, Mr. Sarbanes, Mr. Schiff, Ms. Schwartz, 
             Mr. Scott of Georgia, Mr. Scott of Virginia, Ms. 
             Shea-Porter, Mr. Sherman, Mr. Sires, Mr. Skelton, Ms. 
             Slaughter, Ms. Speier, Mr. Tierney, Mr. Towns, Ms. 
             Tsongas, Mr. Visclosky, Mr. Walz, Ms. Wasserman 
             Schultz, Ms. Waters, Ms. Watson, Mr. Waxman, Mr. 
             Welch, Mr. Wexler, Ms. Woolsey, Mr. Yarmuth, Ms. 
             Harman, Ms. Kaptur, Mr. Kucinich, Mr. McMahon, Mr. 
             Murphy of Connecticut, Mr. Perriello, Ms. Pingree of 
             Maine, Mr. Pomeroy, Mr. Ryan of Ohio, Mr. Thompson of 
             Mississippi, Ms. Velazquez, Mr. Heinrich, Mr. Baird, 
             Ms. Baldwin, Mr. Berman, Mr. Berry, Ms. Bordallo, Mr. 
             Braley of Iowa, Ms. Corrine Brown of Florida, Mr. 
             Butterfield, Mr. Capuano, Mr. Davis of Illinois, Mr. 
             Dingell, Mrs. Christensen, Mr. Doggett, Mr. Larsen of 
             Washington, Mr. Watt, Mr. Stupak, Ms. Castor of 
             Florida, Mr. Bishop of Georgia, Mr. Murtha, Mr. 
             Cardoza, Mr. Rush, Mr. Ortiz, Mr. Edwards of Texas, 
             Mr. Shuler, Mr. Al Green of Texas, Mr. Gonzalez, Mr. 
             Cooper, Mr. Mitchell, Mr. Peterson, Mr. Gene Green of 
             Texas, Ms. Richardson, Mr. Higgins, Ms. Jackson-Lee 
             of Texas, Mr. Thompson of California, Mr. Costello, 
             and Mr. Kennedy):
       H.R. 12. A bill to amend the Fair Labor Standards Act of 
     1938 to provide more effective remedies to victims of 
     discrimination in the payment of wages on the basis of sex, 
     and for other purposes; to the Committee on Education and 
     Labor.
           By Mr. BACA:
       H.R. 13. A bill to amend the Higher Education Act of 1965 
     to expand teacher loan forgiveness; to the Committee on 
     Education and Labor.
           By Mr. BAIRD (for himself, Mr. Inslee, and Mr. Ehlers):
       H.R. 14. A bill to provide for ocean acidification research 
     and monitoring, and for other purposes; to the Committee on 
     Science and Technology.
           By Mr. DINGELL:
       H.R. 15. A bill to provide a program of national health 
     insurance, and for other purposes; to the Committee on Energy 
     and Commerce, and in addition to the Committee on Ways and 
     Means, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. BAIRD (for himself, Mr. Brady of Texas, Mr. 
             Edwards of Texas, Ms. Corrine Brown of Florida, Mr. 
             Hensarling, Ms. Eddie Bernice Johnson of Texas, Mr. 
             Marchant, Mr. Mack, Mr. Cuellar, Mr. Inslee, Mr. 
             Lincoln Diaz-Balart of Florida, Mr. Dicks, Mr. 
             McCaul, Ms. Berkley, Mr. Conaway, Mr. McDermott, Mr. 
             Heller, Mr. Sessions, Mr. Paul, Mr. Wamp, Mr. Sam 
             Johnson of Texas, Mrs. McMorris Rodgers, Mr. Duncan, 
             Mr. Rodriguez, Ms. Castor of Florida, Mr. Smith of 
             Washington, Mr. Culberson, Mr. Cooper, Mr. Larsen of 
             Washington, Mr. Neugebauer, Mr. Miller of Florida,

[[Page 28]]

             Mr. Burgess, Mr. Putnam, Mr. Reichert, Mr. Stearns, 
             Mr. Smith of Texas, and Mr. Davis of Tennessee):
       H.R. 16. A bill to amend the Internal Revenue Code of 1986 
     to make permanent the deduction of State and local general 
     sales taxes; to the Committee on Ways and Means.
           By Mr. BARTLETT:
       H.R. 17. A bill to protect the right to obtain firearms for 
     security, and to use firearms in defense of self, family, or 
     home, and to provide for the enforcement of such right; to 
     the Committee on the Judiciary.
           By Mr. BARTLETT:
       H.R. 18. A bill to amend the Controlled Substances Act and 
     the Controlled Substances Import and Export Act with respect 
     to penalties for powder cocaine and crack cocaine offenses; 
     to the Committee on the Judiciary, and in addition to the 
     Committee on Energy and Commerce, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. CALVERT:
       H.R. 19. A bill to require employers to conduct employment 
     eligibility verification; to the Committee on the Judiciary, 
     and in addition to the Committee on Education and Labor, for 
     a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. RUSH (for himself, Mrs. Napolitano, Mrs. Capps, 
             Mr. Farr, Ms. Hirono, Mr. Hinchey, Mr. Baca, Mr. 
             Kennedy, and Mrs. Gillibrand):
       H.R. 20. A bill to provide for research on, and services 
     for individuals with, postpartum depression and psychosis; to 
     the Committee on Energy and Commerce.
           By Mr. FARR:
       H.R. 21. A bill to establish a national policy for our 
     oceans, to strengthen the National Oceanic and Atmospheric 
     Administration, to establish a national and regional ocean 
     governance structure, and for other purposes; to the 
     Committee on Natural Resources, and in addition to the 
     Committee on Science and Technology, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. McHUGH (for himself and Mr. Davis of Illinois):
       H.R. 22. A bill to amend chapter 89 of title 5, United 
     States Code, to allow the United States Postal Service to pay 
     its share of contributions for annuitants' health benefits 
     out of the Postal Service Retiree Health Benefits Fund; to 
     the Committee on Oversight and Government Reform.
           By Mr. FILNER:
       H.R. 23. A bill to amend title 38, United States Code, to 
     direct the Secretary of Veterans Affairs to establish the 
     Merchant Mariner Equity Compensation Fund to provide benefits 
     to certain individuals who served in the United States 
     merchant marine (including the Army Transport Service and the 
     Naval Transport Service) during World War II; to the 
     Committee on Veterans' Affairs.
           By Mr. JONES:
       H.R. 24. A bill to redesignate the Department of the Navy 
     as the Department of the Navy and Marine Corps; to the 
     Committee on Armed Services.
           By Mr. LINDER (for himself, Mr. Kingston, Mr. 
             Westmoreland, Ms. Ginny Brown-Waite of Florida, Mr. 
             Young of Alaska, Mr. Alexander, Mr. Tiahrt, Mr. Akin, 
             Mr. McCaul, Mr. Price of Georgia, Mr. Hensarling, Mr. 
             Gingrey of Georgia, Mr. Deal of Georgia, Mr. Wittman, 
             Mr. Burton of Indiana, Mr. Pence, Mr. Poe of Texas, 
             Mr. Brown of South Carolina, Mr. Bartlett, Mr. 
             Stearns, Mr. Carter, Mr. Franks of Arizona, Mr. Brady 
             of Texas, Mr. Sullivan, Mr. Conaway, Mr. Thornberry, 
             Mr. Bilbray, Mr. Duncan, Mr. Culberson, Ms. Fallin, 
             Mr. Bachus, Mr. King of Iowa, Mr. Lamborn, Mr. Lucas, 
             and Mr. Neugebauer):
       H.R. 25. A bill to promote freedom, fairness, and economic 
     opportunity by repealing the income tax and other taxes, 
     abolishing the Internal Revenue Service, and enacting a 
     national sales tax to be administered primarily by the 
     States; to the Committee on Ways and Means.
           By Mrs. BIGGERT:
       H.R. 26. A bill to amend title V of the Elementary and 
     Secondary Education Act of 1965 to raise awareness of eating 
     disorders and to create educational programs concerning the 
     same, and for other purposes; to the Committee on Education 
     and Labor, and in addition to the Committee on Energy and 
     Commerce, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mrs. BIGGERT:
       H.R. 27. A bill to amend title XVIII of the Social Security 
     Act to establish additional provisions to combat waste, 
     fraud, and abuse within the Medicare Program, and for other 
     purposes; to the Committee on Ways and Means, and in addition 
     to the Committees on Energy and Commerce, and the Judiciary, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mrs. BIGGERT:
       H.R. 28. A bill to amend the Internal Revenue Code of 1986 
     to increase the deduction for certain expenses of elementary 
     and secondary school teachers to $500 and to extend it 
     through 2011; to the Committee on Ways and Means.
           By Mrs. BIGGERT (for herself, Mrs. McCarthy of New 
             York, Mr. Davis of Kentucky, Mr. Carson of Indiana, 
             and Mr. Hinojosa):
       H.R. 29. A bill to amend the definition of ``homeless 
     person'' under the McKinney-Vento Homeless Assistance Act to 
     include certain homeless children and youth; to the Committee 
     on Financial Services, and in addition to the Committee on 
     Education and Labor, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mrs. BIGGERT (for herself, Mr. McCotter, Mr. Kirk, 
             Mr. Roskam, Mrs. Capito, Mr. Bachus, Mr. Manzullo, 
             Mr. Paul, Mr. Sessions, Mr. Putnam, Mr. Turner, Mr. 
             Campbell, Ms. Ros-Lehtinen, Mrs. McMorris Rodgers, 
             and Mr. Dent):
       H.R. 30. A bill to amend the Internal Revenue Code of 1986 
     to improve and expand education savings accounts; to the 
     Committee on Ways and Means.
           By Mr. McINTYRE (for himself, Ms. Bordallo, Mr. 
             Kissell, Mr. Towns, Mr. Clyburn, Mr. Lincoln Diaz-
             Balart of Florida, Mr. Mario Diaz-Balart of Florida, 
             Mr. Butterfield, Ms. Kaptur, Mr. Miller of North 
             Carolina, Mr. Etheridge, Mr. Peterson, Mr. Becerra, 
             Mr. Ryan of Ohio, Mr. Abercrombie, Mr. Delahunt, Mr. 
             Rahall, Ms. Loretta Sanchez of California, Mr. Engel, 
             Mr. Van Hollen, Mr. Hastings of Florida, Ms. Sutton, 
             Mr. Price of North Carolina, Mr. Pastor of Arizona, 
             Mr. Larson of Connecticut, Mr. Honda, Mr. Wu, and Mr. 
             Cummings):
       H.R. 31. A bill to provide for the recognition of the 
     Lumbee Tribe of North Carolina, and for other purposes; to 
     the Committee on Natural Resources.
           By Mr. McINTYRE (for himself, Mr. Kissell, and Mr. 
             Etheridge):
       H.R. 32. A bill to amend title 38, United States Code, to 
     improve the outreach activities of the Department of Veterans 
     Affairs, and for other purposes; to the Committee on 
     Veterans' Affairs.
           By Mr. McINTYRE:
       H.R. 33. A bill to amend title II of the Social Security 
     Act to eliminate the 5-month waiting period for entitlement 
     to disability benefits and to eliminate reconsideration as an 
     intervening step between initial benefit entitlement 
     decisions and subsequent hearings on the record on such 
     decisions; to the Committee on Ways and Means.
           By Mr. NADLER of New York:
       H.R. 34. A bill to delay the implementation of agency rules 
     adopted within the final 90 days of the final term a 
     President serves; to the Committee on the Judiciary.
           By Mr. TOWNS (for himself, Mr. Issa, Mr. Waxman, Mr. 
             Burton of Indiana, Mr. Clay, and Mr. Sherman):
       H.R. 35. A bill to amend chapter 22 of title 44, United 
     States Code, popularly known as the Presidential Records Act, 
     to establish procedures for the consideration of claims of 
     constitutionally based privilege against disclosure of 
     Presidential records; to the Committee on Oversight and 
     Government Reform.
           By Mr. TOWNS (for himself, Mr. Issa, Mr. Waxman, Mr. 
             Duncan, Mr. Clay, and Mr. Sherman):
       H.R. 36. A bill to amend title 44, United States Code, to 
     require information on contributors to Presidential library 
     fundraising organizations; to the Committee on Oversight and 
     Government Reform.
           By Ms. WATERS (for herself, Ms. Velazquez, Mr. Capuano, 
             Mrs. Maloney, Mr. Al Green of Texas, Mr. Cleaver, Mr. 
             Watt, Mr. Baca, Ms. Lee of California, Ms. Clarke, 
             Mr. Hinchey, and Mr. Hodes):
       H.R. 37. A bill to establish a systematic mortgage 
     modification program at the Federal Deposit Insurance 
     Corporation, and for other purposes; to the Committee on 
     Financial Services.
           By Mr. CALVERT:
       H.R. 38. A bill to authorize the Secretary of the Interior 
     to plan, design and construct facilities to provide water for 
     irrigation, municipal, domestic, and other uses from the 
     Bunker Hill Groundwater Basin, Santa Ana River, California, 
     and for other purposes; to the Committee on Natural 
     Resources.
           By Mr. MARKEY of Massachusetts:
       H.R. 39. A bill to preserve the Arctic coastal plain of the 
     Arctic National Wildlife Refuge, Alaska, as wilderness in 
     recognition of its extraordinary natural ecosystems and for 
     the permanent good of present and future generations of 
     Americans; to the Committee on Natural Resources.
           By Mr. CONYERS (for himself and Mr. Scott of Virginia):
       H.R. 40. A bill to acknowledge the fundamental injustice, 
     cruelty, brutality, and inhumanity of slavery in the United 
     States

[[Page 29]]

     and the 13 American colonies between 1619 and 1865 and to 
     establish a commission to examine the institution of slavery, 
     subsequently de jure and de facto racial and economic 
     discrimination against African-Americans, and the impact of 
     these forces on living African-Americans, to make 
     recommendations to the Congress on appropriate remedies, and 
     for other purposes; to the Committee on the Judiciary.
           By Mr. BARTLETT:
       H.R. 41. A bill to provide for Federal research, 
     development, demonstration, and commercial application 
     activities to enable the development of farms that are net 
     producers of both food and energy, and for other purposes; to 
     the Committee on Science and Technology, and in addition to 
     the Committee on Agriculture, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. BECERRA:
       H.R. 42. A bill to establish a fact-finding Commission to 
     extend the study of a prior Commission to investigate and 
     determine facts and circumstances surrounding the relocation, 
     internment, and deportation to Axis countries of Latin 
     Americans of Japanese descent from December 1941 through 
     February 1948, and the impact of those actions by the United 
     States, and to recommend appropriate remedies, and for other 
     purposes; to the Committee on the Judiciary.
           By Mr. BECERRA (for himself, Mr. Blunt, and Mr. Ross):
       H.R. 43. A bill to amend title XVIII of the Social Security 
     Act to repeal the Medicare outpatient rehabilitation therapy 
     caps; to the Committee on Energy and Commerce, and in 
     addition to the Committee on Ways and Means, for a period to 
     be subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. BORDALLO (for herself, Mr. Hoyer, Mr. Rahall, 
             Mrs. Christensen, Mr. Sablan, Mr. Young of Alaska, 
             Mr. Conyers, Mr. Sensenbrenner, Mr. Faleomavaega, Ms. 
             Ros-Lehtinen, Mr. Clyburn, Mr. Larson of Connecticut, 
             Mr. Becerra, Mr. Honda, Mr. Skelton, Mr. Dingell, Mr. 
             George Miller of California, Mr. Waxman, Mr. Kildee, 
             Mr. Burton of Indiana, Ms. Kaptur, Mr. Levin, Mr. 
             Ortiz, Mr. Costello, Mr. Lewis of Georgia, Mr. 
             Abercrombie, Mrs. Lowey, Mr. Pallone, Mr. Serrano, 
             Mr. Andrews, Ms. DeLauro, Ms. Norton, Mr. Bartlett, 
             Mr. Bishop of Georgia, Ms. Eshoo, Mr. Farr, Mr. 
             Filner, Mr. Hastings of Florida, Ms. Eddie Bernice 
             Johnson of Texas, Mr. Nadler of New York, Mr. Scott 
             of Virginia, Mr. Thompson of Mississippi, Ms. 
             Woolsey, Mr. Cummings, Ms. Harman, Ms. Jackson-Lee of 
             Texas, Mr. Jones, Ms. Zoe Lofgren of California, Mrs. 
             Capps, Mr. Hinojosa, Mrs. Kilpatrick of Michigan, Ms. 
             Lee of California, Mrs. McCarthy of New York, Mr. 
             McIntyre, Mr. Pascrell, Ms. Loretta Sanchez of 
             California, Mrs. Tauscher, Mr. Baca, Ms. Baldwin, Ms. 
             Berkley, Mr. Moore of Kansas, Mrs. Napolitano, Mr. 
             Wu, Mr. Israel, Mr. Langevin, Mr. Rehberg, Ms. Solis 
             of California, Ms. Watson, Mr. Wilson of South 
             Carolina, Mr. Alexander, Mr. Butterfield, Mr. 
             Cardoza, Mr. Grijalva, Mr. Michaud, Mr. Scott of 
             Georgia, Mr. Cuellar, Ms. Clarke, Mrs. Gillibrand, 
             Mr. Al Green of Texas, Mr. Hare, Ms. Hirono, Mr. 
             Loebsack, Mr. Murphy of Connecticut, and Ms. 
             Richardson):
       H.R. 44. A bill to implement the recommendations of the 
     Guam War Claims Review Commission; to the Committee on 
     Natural Resources.
           By Mr. RUSH:
       H.R. 45. A bill to provide for the implementation of a 
     system of licensing for purchasers of certain firearms and 
     for a record of sale system for those firearms, and for other 
     purposes; to the Committee on the Judiciary.
           By Mrs. BIGGERT:
       H.R. 46. A bill to provide for payment of an administrative 
     fee to public housing agencies to cover the costs of 
     administering family self-sufficiency programs in connection 
     with the housing choice voucher program of the Department of 
     Housing and Urban Development; to the Committee on Financial 
     Services.
           By Mrs. BIGGERT (for herself, Mr. Hinojosa, and Mrs. 
             Capito):
       H.R. 47. A bill to establish an Office of Housing 
     Counseling to carry out and coordinate the responsibilities 
     of the Department of Housing and Urban Development regarding 
     counseling on homeownership and rental housing issues, to 
     make grants to entities for providing such counseling, to 
     launch a national housing counseling advertising campaign, 
     and for other purposes; to the Committee on Financial 
     Services.
           By Mrs. BIGGERT:
       H.R. 48. A bill to amend section 42 of title 18, United 
     States Code, popularly known as the Lacey Act, to add certain 
     species of carp to the list of injurious species that are 
     prohibited from being imported or shipped; to the Committee 
     on the Judiciary.
           By Mr. YOUNG of Alaska:
       H.R. 49. A bill to direct the Secretary of the Interior to 
     establish and implement a competitive oil and gas leasing 
     program that will result in an environmentally sound program 
     for the exploration, development, and production of the oil 
     and gas resources of the Coastal Plain of Alaska, and for 
     other purposes; to the Committee on Natural Resources, and in 
     addition to the Committees on Energy and Commerce, and 
     Science and Technology, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. KIRK (for himself and Mr. Roskam):
       H.R. 50. A bill to protect seniors from identity theft and 
     strengthen our national security by providing for the 
     issuance of a secure Social Security card; to the Committee 
     on Ways and Means.
           By Mr. KIRK:
       H.R. 51. A bill to direct the Director of the United States 
     Fish and Wildlife Service to conduct a study of the 
     feasibility of a variety of approaches to eradicating Asian 
     carp from the Great Lakes and their tributary and connecting 
     waters; to the Committee on Natural Resources.
           By Mr. KIRK (for himself and Mr. Hastings of Florida):
       H.R. 52. A bill to amend the Tropical Forest Conservation 
     Act of 1998 to provide debt relief to developing countries 
     that take action to protect tropical forests and coral reefs 
     and associated coastal marine ecosystems, to reauthorize such 
     Act through fiscal year 2011, and for other purposes; to the 
     Committee on Foreign Affairs.
           By Mr. KIRK (for himself, Mr. Roskam, Mr. Hinchey, and 
             Mr. Kucinich):
       H.R. 53. A bill to amend the Internal Revenue Code of 1986 
     to deny refinery expensing to owners of refineries that are 
     permitted to increase the discharge of pollutants into the 
     Great Lakes; to the Committee on Ways and Means.
           By Mr. KIRK (for himself and Mr. Lipinski):
       H.R. 54. A bill to amend the Federal Water Pollution 
     Control Act to establish a deadline for restricting sewage 
     dumping into the Great Lakes and to fund programs and 
     activities for improving wastewater discharges into the Great 
     Lakes; to the Committee on Transportation and Infrastructure.
           By Mr. KIRK (for himself, Mr. Lipinski, Mrs. Biggert, 
             and Mr. Roskam):
       H.R. 55. A bill to amend the Internal Revenue Code of 1986 
     to allow employers a refundable credit against income tax for 
     50 percent of the employer's cost of providing tax-free 
     transit passes to employees; to the Committee on Ways and 
     Means.
           By Mr. KIRK:
       H.R. 56. A bill to permit certain school districts in 
     Illinois to be reconstituted for purposes of determining 
     assistance under the Impact Aid program; to the Committee on 
     Education and Labor.
           By Mr. KIRK:
       H.R. 57. A bill to amend the State Department Basic 
     Authorities Act of 1956 to permit eligibility in certain 
     circumstances for an officer or employee of a foreign 
     government to receive a reward under the Department of State 
     Rewards Program; to the Committee on Foreign Affairs.
           By Mr. KIRK (for himself and Mr. Carney):
       H.R. 58. A bill to promote green schools; to the Committee 
     on Ways and Means, and in addition to the Committee on 
     Education and Labor, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Ms. JACKSON-LEE of Texas:
       H.R. 59. A bill to secure the Federal voting rights of 
     certain qualified ex-offenders who have served their 
     sentences; to the Committee on the Judiciary.
           By Ms. JACKSON-LEE of Texas:
       H.R. 60. A bill to require the Secretary of Education to 
     conduct a study and submit to Congress a report on methods 
     for identifying and treating children with dyslexia in 
     kindergarten through third grade; to the Committee on 
     Education and Labor.
           By Ms. JACKSON-LEE of Texas:
       H.R. 61. A bill to amend title 18, United States Code, to 
     provide an alternate release date for certain nonviolent 
     offenders, and for other purposes; to the Committee on the 
     Judiciary.
           By Ms. JACKSON-LEE of Texas:
       H.R. 62. A bill to provide for the establishment of an 
     independent, Presidentially-appointed Commission to assess 
     the circumstances related to the damage caused by Hurricane 
     Katrina on or between Friday, August 26, 2005, and Tuesday, 
     August 30, 2005; to the Committee on Transportation and 
     Infrastructure.
           By Ms. JACKSON-LEE of Texas:
       H.R. 63. A bill to amend title XVIII of the Social Security 
     Act to require hospitals reimbursed under the Medicare system 
     to establish and implement security procedures to reduce the 
     likelihood of infant patient abduction and baby switching, 
     including procedures for identifying all infant patients in

[[Page 30]]

     the hospital in a manner that ensures that it will be evident 
     if infants are missing from the hospital; to the Committee on 
     Ways and Means, and in addition to the Committees on the 
     Judiciary, and Energy and Commerce, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. JACKSON-LEE of Texas:
       H.R. 64. A bill to amend title 28, United States Code, to 
     repeal the restriction on the jurisdiction of courts, 
     justices, and judges to hear or consider applications for 
     writs of habeas corpus filed by or on behalf of certain 
     aliens detained by the United States; to the Committee on the 
     Judiciary.
           By Ms. JACKSON-LEE of Texas:
       H.R. 65. A bill to recognize the extraordinary performance 
     of the Armed Forces in achieving the military objectives of 
     the United States in Iraq, to encourage the President to 
     issue a proclamation calling upon the people of the United 
     States to observe a national day of celebration commemorating 
     military success in Iraq, and for other purposes; to the 
     Committee on Armed Services, and in addition to the 
     Committees on Foreign Affairs, and Veterans' Affairs, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. JACKSON-LEE of Texas:
       H.R. 66. A bill to recognize the extraordinary performance 
     of the Armed Forces in achieving the military objectives of 
     the United States in Iraq, to terminate the Authorization for 
     Use of Military Force Against Iraq Resolution of 2002 (Public 
     Law 107-243), to require congressional reauthorization to 
     continue deployment of the Armed Forces to Iraq, and for 
     other purposes; to the Committee on Foreign Affairs, and in 
     addition to the Committee on Armed Services, for a period to 
     be subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. JACKSON-LEE of Texas:
       H.R. 67. A bill to amend and to strengthen accountability 
     features introduced by the Notification and Federal Employee 
     Antidiscrimination and Retaliation Act of 2002, and for other 
     purposes; to the Committee on Oversight and Government 
     Reform, and in addition to the Committee on the Judiciary, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Ms. JACKSON-LEE of Texas:
       H.R. 68. A bill to increase the evidentiary standard 
     required to convict a person for a drug offense, to require 
     screening of law enforcement officers or others acting under 
     color of law participating in drug task forces, and for other 
     purposes; to the Committee on the Judiciary.
           By Ms. JACKSON-LEE of Texas:
       H.R. 69. A bill to reform the provisions requiring ``one-
     strike'' eviction from public and federally assisted housing; 
     to the Committee on Financial Services.
           By Ms. JACKSON-LEE of Texas:
       H.R. 70. A bill to amend title 18, United States Code, to 
     provide penalties for displaying nooses in public with intent 
     to harass or intimidate a person because of that person's 
     race, color, religion, or national origin; to the Committee 
     on the Judiciary.
           By Ms. JACKSON-LEE of Texas:
       H.R. 71. A bill to amend the Federal Power Act to provide 
     for enforcement, including criminal penalties, by the Federal 
     Energy Regulatory Commission of electric reliability 
     standards, and for other purposes; to the Committee on Energy 
     and Commerce, and in addition to the Committee on 
     Transportation and Infrastructure, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. JACKSON-LEE of Texas:
       H.R. 72. A bill to increase global stability and security 
     for the United States and the international community by 
     reducing the number of individuals who are de jure or de 
     facto stateless and at risk of being trafficked; to the 
     Committee on Foreign Affairs.
           By Ms. JACKSON-LEE of Texas:
       H.R. 73. A bill to provide for the collection of data on 
     traffic stops; to the Committee on the Judiciary.
           By Mr. ISSA:
       H.R. 74. A bill to establish the Financial Oversight 
     Commission, and for other purposes; to the Committee on 
     Financial Services.
           By Mr. ISSA:
       H.R. 75. A bill to authorize the Secretary of the Interior 
     to construct facilities to provide water for irrigation, 
     municipal, domestic, military, and other uses from the Santa 
     Margarita River, California, and for other purposes; to the 
     Committee on Natural Resources, and in addition to the 
     Committee on Armed Services, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. ISSA:
       H.R. 76. A bill to amend the Reclamation Wastewater and 
     Groundwater Study and Facilities Act to authorize the 
     Secretary of the Interior to participate in the Elsinore 
     Valley Municipal Water District Wildomar Service Area 
     Recycled Water Distribution Facilities and Alberhill 
     Wastewater Treatment and Reclamation Facility Projects; to 
     the Committee on Natural Resources.
           By Mr. ISSA:
       H.R. 77. A bill to provide for a credit for certain health 
     care benefits in determining the minimum wage; to the 
     Committee on Education and Labor.
           By Mrs. BIGGERT:
       H.R. 78. A bill to authorize additional appropriations for 
     the Federal Bureau of Investigation to enhance its ability to 
     more effectively stop mortgage fraud, and for other purposes; 
     to the Committee on the Judiciary.
           By Mrs. BLACKBURN:
       H.R. 79. A bill to amend subtitle IV of title 40, United 
     States Code, regarding county additions to the Appalachian 
     region; to the Committee on Transportation and 
     Infrastructure.
           By Mr. BLUMENAUER (for himself and Mr. Kirk):
       H.R. 80. A bill to amend the Lacey Act Amendments of 1981 
     to treat nonhuman primates as prohibited wildlife species 
     under that Act, to make corrections in the provisions 
     relating to captive wildlife offenses under that Act, and for 
     other purposes; to the Committee on Natural Resources.
           By Ms. BORDALLO (for herself, Mr. George Miller of 
             California, Mr. Faleomavaega, Mr. Abercrombie, Mr. 
             Farr, Mr. Hinchey, Ms. Eddie Bernice Johnson of 
             Texas, Ms. Eshoo, Mrs. Christensen, Mr. Inslee, Ms. 
             Lee of California, Mrs. Capps, Mr. Gonzalez, Mr. 
             Holt, Mr. Grijalva, and Mr. Brown of South Carolina):
       H.R. 81. A bill to amend the High Seas Driftnet Fishing 
     Moratorium Protection Act and the Magnuson-Stevens Fishery 
     Conservation and Management Act to improve the conservation 
     of sharks; to the Committee on Natural Resources.
           By Ms. GINNY BROWN-WAITE of Florida:
       H.R. 82. A bill to expand retroactive eligibility of the 
     Army Combat Action Badge to include members of the Army who 
     participated in combat during which they personally engaged, 
     or were personally engaged by, the enemy at any time on or 
     after December 7, 1941; to the Committee on Armed Services.
           By Ms. GINNY BROWN-WAITE of Florida:
       H.R. 83. A bill to establish a program to provide 
     reinsurance for State natural catastrophe insurance programs 
     to help the United States better prepare for and protect its 
     citizens against the ravages of natural catastrophes, to 
     encourage and promote mitigation and prevention for, and 
     recovery and rebuilding from such catastrophes, and to better 
     assist in the financial recovery from such catastrophes; to 
     the Committee on Financial Services.
           By Ms. GINNY BROWN-WAITE of Florida:
       H.R. 84. A bill to amend title 38, United States Code, to 
     establish standards of access to care for veterans seeking 
     health care from the Department of Veterans Affairs, and for 
     other purposes; to the Committee on Veterans' Affairs.
           By Ms. GINNY BROWN-WAITE of Florida:
       H.R. 85. A bill to provide permanent relief from the 
     marriage penalty under the Internal Revenue Code of 1986; to 
     the Committee on Ways and Means.
           By Mr. CAMPBELL:
       H.R. 86. A bill to eliminate an unused lighthouse 
     reservation, provide management consistency by bringing the 
     rocks and small islands along the coast of Orange County, 
     California, and meet the original Congressional intent of 
     preserving Orange County's rocks and small islands, and for 
     other purposes; to the Committee on Natural Resources.
           By Mr. CAMPBELL (for himself, Mr. Burton of Indiana, 
             Mr. Davis of Tennessee, and Mr. Jones):
       H.R. 87. A bill to amend the Internal Revenue Code of 1986 
     to allow taxpayers to make contributions to the Federal 
     Government on their income tax returns; to the Committee on 
     Ways and Means.
           By Mrs. CAPPS:
       H.R. 88. A bill to amend the Reclamation Wastewater and 
     Groundwater Study and Facilities Act to authorize the 
     Secretary of the Interior to participate in the design, 
     planning, and construction of permanent facilities for the 
     GREAT project to reclaim, reuse, and treat impaired waters in 
     the area of Oxnard, California; to the Committee on Natural 
     Resources.
           By Mrs. CAPPS:
       H.R. 89. A bill to authorize the Secretary of the Interior 
     to convey a water distribution system to the Goleta Water 
     District, and for other purposes; to the Committee on Natural 
     Resources.
           By Mr. CARDOZA:
       H.R. 90. A bill to amend title 18, United States Code, to 
     provide increased imprisonment for certain offenses by public 
     officials; to the Committee on the Judiciary.
           By Mrs. CHRISTENSEN:
       H.R. 91. A bill to amend the Federal Food, Drug, and 
     Cosmetic Act to authorize the

[[Page 31]]

     shipment of prescription drugs between the States and the 
     Virgin Islands; to the Committee on Energy and Commerce.
           By Mrs. CHRISTENSEN (for herself, Ms. Bordallo, and Mr. 
             Faleomavaega):
       H.R. 92. A bill to amend titles XI and XIX of the Social 
     Security Act to remove the cap on Medicaid payments for 
     Puerto Rico, the Virgin Islands, Guam, the Northern Mariana 
     Islands, and American Samoa and to adjust the Medicaid 
     statutory matching rate for those territories; to the 
     Committee on Energy and Commerce.
           By Mrs. CHRISTENSEN (for herself, Ms. Bordallo, and Mr. 
             Faleomavaega):
       H.R. 93. A bill to extend the supplemental security income 
     benefits program to Guam and the United States Virgin 
     Islands; to the Committee on Ways and Means.
           By Mrs. CHRISTENSEN:
       H.R. 94. A bill to amend the Internal Revenue Code of 1986 
     to repeal the cap on the cover over of tax on distilled 
     spirits to Puerto Rico and the Virgin Islands; to the 
     Committee on Ways and Means.
           By Mrs. CHRISTENSEN:
       H.R. 95. A bill to amend the Internal Revenue Code of 1986 
     to assist in the recovery and development of the Virgin 
     Islands by providing for a reduction in the tax imposed on 
     distributions from certain retirement plans' assets which are 
     invested for at least 30 years, subject to defined 
     withdrawals, under a Virgin Islands investment program; to 
     the Committee on Ways and Means.
           By Mr. CONAWAY:
       H.R. 96. A bill to amend the Internal Revenue Code of 1986 
     to increase the maximum reduction in estate tax value for 
     farmland and other special use property, to restore and 
     increase the estate tax deduction for family-owned business 
     interests, and for other purposes; to the Committee on Ways 
     and Means.
           By Mr. CONYERS (for himself, Mr. Nadler of New York, 
             Ms. Zoe Lofgren of California, Mr. Scott of Virginia, 
             Ms. Jackson-Lee of Texas, Mr. Delahunt, Mr. Wexler, 
             Mr. Ellison, Mr. Cohen, Mr. Johnson of Georgia, Mr. 
             Van Hollen, Mr. Lewis of Georgia, Ms. Norton, Mr. 
             Payne, Mrs. Maloney, and Mr. Schiff):
       H.R. 97. A bill to amend title 18, United States Code, to 
     prohibit certain deceptive practices in Federal elections, 
     and for other purposes; to the Committee on the Judiciary.
           By Mr. DREIER (for himself, Mr. Reyes, Mr. Calvert, Mr. 
             Bilbray, and Mr. Issa):
       H.R. 98. A bill to amend the Immigration and Nationality 
     Act to enforce restrictions on employment in the United 
     States of unauthorized aliens through the use of improved 
     Social Security cards and an Employment Eligibility Database, 
     and for other purposes; to the Committee on Ways and Means, 
     and in addition to the Committees on the Judiciary, Homeland 
     Security, and Education and Labor, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. DREIER:
       H.R. 99. A bill to amend the Internal Revenue Code of 1986 
     to reduce taxes by providing an alternative determination of 
     income tax liability for individuals, repealing the estate 
     and gift taxes, reducing corporate income tax rates, reducing 
     the maximum tax for individuals on capital gains and 
     dividends to 10 percent, indexing the basis of assets for 
     purposes of determining capital gain or loss, creating tax-
     free accounts for retirement savings, lifetime savings, and 
     life skills, repealing the adjusted gross income threshold in 
     the medical care deduction for individuals under age 65 who 
     have no employer health coverage, and for other purposes; to 
     the Committee on Ways and Means.
           By Mr. DREIER:
       H.R. 100. A bill to amend the Internal Revenue Code of 1986 
     to provide a credit for the State and local sales taxes paid 
     on the purchase of an automobile; to the Committee on Ways 
     and Means.
           By Mr. DREIER:
       H.R. 101. A bill to amend the Internal Revenue Code of 1986 
     to allow all individuals, whether or not first-time 
     homebuyers, a refundable income tax credit for the purchase 
     of a residence during 2009 or 2010; to the Committee on Ways 
     and Means.
           By Mr. DREIER (for himself, Mrs. Napolitano, Ms. 
             Roybal-Allard, and Mr. Schiff):
       H.R. 102. A bill to authorize appropriations for the San 
     Gabriel Basin Restoration Fund; to the Committee on Natural 
     Resources.
           By Mr. CONYERS (for himself, Mr. Nadler of New York, 
             Ms. Zoe Lofgren of California, Mr. Scott of Virginia, 
             Ms. Jackson-Lee of Texas, Mr. Wexler, Mr. Cohen, Mr. 
             Ellison, Mr. Johnson of Georgia, and Mr. Schiff):
       H.R. 103. A bill to amend title 18, United States Code, to 
     prevent the election practice known as caging, and for other 
     purposes; to the Committee on the Judiciary.
           By Mr. CONYERS (for himself, Mr. Nadler of New York, 
             Ms. Jackson-Lee of Texas, Mr. Cohen, Mr. Johnson of 
             Georgia, and Mr. Delahunt):
       H.R. 104. A bill to establish a national commission on 
     presidential war powers and civil liberties; to the Committee 
     on Armed Services, and in addition to the Committees on 
     Intelligence (Permanent Select), the Judiciary, and Foreign 
     Affairs, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. CONYERS (for himself, Mr. Nadler of New York, 
             Ms. Jackson-Lee of Texas, Mr. Wexler, and Mr. Cohen):
       H.R. 105. A bill to protect voting rights and to improve 
     the administration of Federal elections, and for other 
     purposes; to the Committee on the Judiciary, and in addition 
     to the Committees on House Administration, and Oversight and 
     Government Reform, for a period to be subsequently determined 
     by the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. FATTAH:
       H.R. 106. A bill to amend the Internal Revenue Code of 1986 
     to allow individuals a refundable credit for higher education 
     expenses; to the Committee on Ways and Means.
           By Mr. FLAKE (for himself, Ms. Foxx, and Ms. Jackson-
             Lee of Texas):
       H.R. 107. A bill to reform Social Security retirement and 
     Medicare by establishing a Personal Social Security Savings 
     Program to create a safer, healthier, more secure, and more 
     prosperous retirement for all Americans and to reduce the 
     burden on young Americans; to the Committee on Ways and 
     Means, and in addition to the Committees on Education and 
     Labor, the Budget, Energy and Commerce, and Rules, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. FORTENBERRY:
       H.R. 108. A bill to amend title 10, United States Code, to 
     extend military commissary and exchange store privileges to 
     veterans with a compensable service-connected disability and 
     to their dependents; to the Committee on Armed Services.
           By Mr. FORTENBERRY:
       H.R. 109. A bill to provide for the offering of Health 
     Benefit Plans to individuals, to increase funding for State 
     high risk health insurance pools, and to promote best 
     practice protocols for State high risk pools; to the 
     Committee on Energy and Commerce.
           By Mr. FORTENBERRY:
       H.R. 110. A bill to amend title 18, United States Code, to 
     prohibit human cloning; to the Committee on the Judiciary.
           By Mr. KANJORSKI (for himself, Mr. Calvert, Mr. Berman, 
             Mr. Higgins, Mr. DeFazio, Mr. Olver, Mr. Holden, Ms. 
             Bordallo, Mr. Wu, Mr. Hinojosa, Mr. Roskam, Mr. 
             Cleaver, Mr. Holt, Ms. Eddie Bernice Johnson of 
             Texas, Ms. Schwartz, Mr. Rothman of New Jersey, Mr. 
             Brown of South Carolina, Mr. Paul, Mr. Engel, Mr. 
             Doggett, Mr. Lewis of Georgia, Mr. McCotter, Mr. 
             Levin, Mr. Tierney, Mr. Poe of Texas, Mr. Edwards of 
             Texas, Mr. McHugh, Ms. Woolsey, Mr. Al Green of 
             Texas, Ms. Schakowsky, Mr. Dingell, Mr. Carnahan, Mr. 
             Lipinski, Mr. Culberson, Mr. Kagen, Mr. Matheson, Mr. 
             Pallone, Mr. Michaud, Mr. Bishop of New York, Mr. 
             Meeks of New York, Mr. Pascrell, Mr. Lamborn, Mr. 
             Grijalva, Mr. Courtney, Mr. Brady of Texas, Mr. Smith 
             of New Jersey, Mr. Kucinich, and Mrs. Miller of 
             Michigan):
       H.R. 111. A bill to amend the Bank Holding Company Act of 
     1956 and the Revised Statutes of the United States to 
     prohibit financial holding companies and national banks from 
     engaging, directly or indirectly, in real estate brokerage or 
     real estate management activities, and for other purposes; to 
     the Committee on Financial Services.
           By Mr. FORTENBERRY:
       H.R. 112. A bill to authorize the Secretary of the Interior 
     to expand the boundary of the Homestead National Monument of 
     America, in the State of Nebraska, and for other purposes; to 
     the Committee on Natural Resources.
           By Mr. FORTENBERRY:
       H.R. 113. A bill to provide for audits of programs, 
     projects, and activities funded through earmarks; to the 
     Committee on Oversight and Government Reform.
           By Mr. FORTENBERRY:
       H.R. 114. A bill to allow veterans to elect to use, with 
     the approval of the Secretary of Veterans Affairs, certain 
     financial educational assistance to establish and operate 
     certain business, and for other purposes; to the Committee on 
     Veterans' Affairs.
           By Mr. FORTENBERRY:
       H.R. 115. A bill to amend the Internal Revenue Code of 1986 
     to provide for tax exempt qualified small issue bonds to 
     finance agricultural processing property; to the Committee on 
     Ways and Means.
           By Ms. FOXX:
       H.R. 116. A bill to direct the Federal Trade Commission to 
     revise the regulations regarding the Do-not-call registry to 
     prohibit politically-oriented recorded message telephone 
     calls to telephone numbers listed on

[[Page 32]]

     that registry; to the Committee on Energy and Commerce.
           By Mr. FRELINGHUYSEN:
       H.R. 117. A bill to prohibit a State from imposing a 
     discriminatory commuter tax on nonresidents, and for other 
     purposes; to the Committee on the Judiciary.
           By Mr. FRELINGHUYSEN:
       H.R. 118. A bill to authorize the addition of 100 acres to 
     Morristown National Historical Park; to the Committee on 
     Natural Resources.
           By Mr. FRELINGHUYSEN:
       H.R. 119. A bill to direct the Administrator of the Federal 
     Emergency Management Agency to designate New Jersey Task 
     Force 1 as part of the National Urban Search and Rescue 
     System; to the Committee on Transportation and 
     Infrastructure.
           By Mr. FRELINGHUYSEN:
       H.R. 120. A bill to amend the Internal Revenue Code of 1986 
     to allow the alternative motor vehicle personal credit 
     against the alternative minimum tax; to the Committee on Ways 
     and Means.
           By Mr. FRELINGHUYSEN:
       H.R. 121. A bill to authorize the Secretary of Homeland 
     Security to make grants to first responders, and for other 
     purposes; to the Committee on Homeland Security, and in 
     addition to the Committees on Transportation and 
     Infrastructure, the Judiciary, and Energy and Commerce, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. FRELINGHUYSEN:
       H.R. 122. A bill to amend title 18, United States Code, and 
     the Social Security Act to limit the misuse of Social 
     Security numbers, to establish criminal penalties for such 
     misuse, and for other purposes; to the Committee on the 
     Judiciary, and in addition to the Committee on Ways and 
     Means, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. GALLEGLY:
       H.R. 123. A bill to amend the Fair Credit Reporting Act to 
     establish additional reporting requirements to enhance the 
     detection of identity theft, and for other purposes; to the 
     Committee on Financial Services.
           By Mr. GALLEGLY:
       H.R. 124. A bill to prohibit offices of the legislative 
     branch from entering into a contract for the provision of 
     goods or services within the Capitol Complex with any 
     contractor who does not participate in the basic pilot 
     program for employment eligibility verification, and for 
     other purposes; to the Committee on House Administration.
           By Mr. GALLEGLY:
       H.R. 125. A bill to eliminate the exceptions to the 
     prohibition on adjustment of status of aliens who are 
     unlawfully present in the United States or who accept 
     unauthorized employment; to the Committee on the Judiciary.
           By Mr. GALLEGLY:
       H.R. 126. A bill to amend the Immigration and Nationality 
     Act to limit citizenship at birth, merely by virtue of birth 
     in the United States, to persons with citizen or legal 
     resident mothers; to the Committee on the Judiciary.
           By Mr. GALLEGLY:
       H.R. 127. A bill to amend the Immigration and Nationality 
     Act to change certain requirements relating to a sponsor's 
     affidavit of support for an alien; to the Committee on the 
     Judiciary.
           By Mr. GALLEGLY:
       H.R. 128. A bill to amend the Immigration and Nationality 
     Act to strengthen the criminal consequences for certain 
     violations, and for other purposes; to the Committee on the 
     Judiciary.
           By Mr. GALLEGLY:
       H.R. 129. A bill to authorize the conveyance of certain 
     National Forest System lands in the Los Padres National 
     Forest in California; to the Committee on Natural Resources.
           By Mr. GALLEGLY:
       H.R. 130. A bill to provide for an exchange of lands 
     between the Secretary of Agriculture and the United Water 
     Conservation District of California to eliminate certain 
     private inholdings in the Los Padres National Forest, and for 
     other purposes; to the Committee on Natural Resources.
           By Mr. GALLEGLY (for himself, Mr. Blunt, and Mr. 
             Foster):
       H.R. 131. A bill to establish the Ronald Reagan Centennial 
     Commission; to the Committee on Oversight and Government 
     Reform.
           By Mr. GALLEGLY:
       H.R. 132. A bill to amend title II of the Social Security 
     Act to restrict totalization agreements between the United 
     States and other countries to providing for appropriate 
     exchange of Social Security taxes or contributions between 
     the parties to such agreements, and to prohibit crediting of 
     individuals under such title with earnings from employment or 
     self-employment in the United States performed while such 
     individuals are not citizens, nationals, or lawful permanent 
     residents of the United States and are not authorized by law 
     to be employed in the United States; to the Committee on Ways 
     and Means.
           By Mr. GALLEGLY:
       H.R. 133. A bill to amend title II of the Social Security 
     Act to provide that individuals and appropriate authorities 
     are notified by the Commissioner of Social Security of 
     evidence of misuse of the Social Security account numbers of 
     such individuals; to the Committee on Ways and Means.
           By Mr. GALLEGLY:
       H.R. 134. A bill to amend the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 to extend and 
     increase the authority for the ombudsman under the Energy 
     Employees Occupational Illness Compensation Program; to the 
     Committee on the Judiciary, and in addition to the Committee 
     on Education and Labor, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. LINDER (for himself, Ms. Bordallo, Mrs. 
             Napolitano, and Mr. Costa):
       H.R. 135. A bill to establish the Twenty-First Century 
     Water Commission to study and develop recommendations for a 
     comprehensive water strategy to address future water needs; 
     to the Committee on Natural Resources, and in addition to the 
     Committee on Transportation and Infrastructure, for a period 
     to be subsequently determined by the Speaker, in each case 
     for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. GALLEGLY (for himself and Mr. Sherman):
       H.R. 136. A bill to better provide for compensation for 
     certain persons injured in the course of employment at the 
     Santa Susana Field Laboratory in California; to the Committee 
     on the Judiciary, and in addition to the Committee on 
     Education and Labor, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. GALLEGLY (for himself, Mr. Wilson of South 
             Carolina, Mr. McCaul, and Mr. Bilbray):
       H.R. 137. A bill to require an employer to take action 
     after receiving official notice that an individual's Social 
     Security account number does not match the individual's name, 
     and for other purposes; to the Committee on the Judiciary, 
     and in addition to the Committees on Ways and Means, and 
     Education and Labor, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. GALLEGLY:
       H.R. 138. A bill to require Federal contractors to 
     participate in the basic pilot program for employment 
     eligibility verification; to the Committee on the Judiciary, 
     and in addition to the Committee on Education and Labor, for 
     a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. GALLEGLY:
       H.R. 139. A bill to prohibit a Federal agency from 
     accepting a form of individual identification issued by a 
     foreign government, except a passport that is accepted on the 
     date of enactment; to the Committee on Oversight and 
     Government Reform, and in addition to the Committees on the 
     Judiciary, House Administration, and Armed Services, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. GALLEGLY (for himself, Mr. Bilbray, and Mr. 
             Bartlett):
       H.R. 140. A bill to withhold certain highway funds if a 
     State does not comply with certain requirements in issuing a 
     driver's license or identification card, and for other 
     purposes; to the Committee on Transportation and 
     Infrastructure, and in addition to the Committee on Oversight 
     and Government Reform, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. GALLEGLY:
       H.R. 141. A bill to require those applying for, and 
     renewing, SCHIP, TAA, and ATAA benefits to present 
     documentation proving both citizenship and identity in order 
     to receive those benefits; to the Committee on Ways and 
     Means, and in addition to the Committee on Energy and 
     Commerce, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. GALLEGLY:
       H.R. 142. A bill to amend the Internal Revenue Code of 1986 
     to require the Secretary of the Treasury to notify the 
     Secretary of Homeland Security of employer returns showing 
     the employment of individuals not authorized to be employed 
     in the United States, to notify the employers that they must 
     terminate the employment of those employees, to provide an 
     opportunity for those employees to contest the information, 
     and to establish a procedure for determining whether 
     individuals who are not authorized to be employed in the 
     United States are so employed; to the Committee on Ways and

[[Page 33]]

     Means, and in addition to the Committees on Education and 
     Labor, and the Judiciary, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. GOHMERT (for himself, Mr. Shadegg, Mrs. 
             Blackburn, Mr. Carter, Mr. Franks of Arizona, Mr. 
             Pence, Mr. Westmoreland, Mr. Sessions, Mr. McCotter, 
             Mrs. Myrick, Mr. Kline of Minnesota, Mr. Akin, Mr. 
             McHenry, Mr. Neugebauer, Mrs. McMorris Rodgers, Mrs. 
             Bachmann, Mr. Garrett of New Jersey, Mr. Price of 
             Georgia, Mr. Culberson, Mr. Paul, Mr. Burton of 
             Indiana, Mr. Mack, Mr. Broun of Georgia, Mr. Lamborn, 
             Mr. Pitts, Mr. Bartlett, Mr. Poe of Texas, Mr. Sam 
             Johnson of Texas, Mr. Barrett of South Carolina, Mr. 
             Gingrey of Georgia, Mr. Issa, Mr. Young of Alaska, 
             Mr. Linder, Mr. Hall of Texas, Mr. Deal of Georgia, 
             Mr. Platts, Mr. Flake, Mr. Nunes, Mr. Sensenbrenner, 
             Mr. Terry, Ms. Fallin, Mr. Hensarling, Mr. Scalise, 
             Mr. Latta, Mr. Conaway, Mr. Young of Florida, Mr. 
             Marchant, Mr. Davis of Kentucky, Mr. Gerlach, Mr. 
             Olson, and Mr. Hoekstra):
       H.R. 143. A bill to amend the Internal Revenue Code of 1986 
     to provide for a two-month suspension of employment and 
     income taxes, and for other purposes; to the Committee on 
     Ways and Means, and in addition to the Committee on Financial 
     Services, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. HASTINGS of Florida (for himself, Mr. Meek of 
             Florida, Mr. Wexler, Ms. Corrine Brown of Florida, 
             Mr. Rangel, Mr. Engel, Ms. Schakowsky, Ms. Jackson-
             Lee of Texas, Ms. Edwards of Maryland, Ms. Norton, 
             Mr. Delahunt, Mr. Grijalva, Ms. Woolsey, Mr. Honda, 
             and Mr. Hinchey):
       H.R. 144. A bill to designate Haiti under section 244 of 
     the Immigration and Nationality Act in order to render 
     nationals of Haiti eligible for temporary protected status 
     under such section; to the Committee on the Judiciary.
           By Mr. HOLT:
       H.R. 145. A bill to amend the Workforce Investment Act of 
     1998 to include workforce investment programs on the 
     Internet; to the Committee on Education and Labor.
           By Mr. HOLT (for himself, Mr. Hinchey, Mr. Rothman of 
             New Jersey, Mr. Welch, Mr. Dingell, Mr. Langevin, Mr. 
             McGovern, Mr. Blumenauer, and Mr. Patrick Murphy of 
             Pennsylvania):
       H.R. 146. A bill to amend the American Battlefield 
     Protection Act of 1996 to establish a battlefield acquisition 
     grant program for the acquisition and protection of 
     nationally significant battlefields and associated sites of 
     the Revolutionary War and the War of 1812, and for other 
     purposes; to the Committee on Natural Resources.
           By Mr. ISRAEL (for himself, Mr. Boswell, Mr. Courtney, 
             Mr. Hinchey, Mrs. McCarthy of New York, Mr. Meeks of 
             New York, Ms. Sutton, Mr. Hare, Mr. Wu, and Mr. King 
             of New York):
       H.R. 147. A bill to amend the Internal Revenue Code of 1986 
     to allow taxpayers to designate a portion of their income tax 
     payment to provide assistance to homeless veterans, and for 
     other purposes; to the Committee on Ways and Means, and in 
     addition to the Committee on Veterans' Affairs, for a period 
     to be subsequently determined by the Speaker, in each case 
     for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. JENKINS (for herself, Mr. Tiahrt, and Mr. Moran 
             of Kansas):
       H.R. 148. A bill to prohibit the use of funds to transfer 
     enemy combatants detained by the United States at Naval 
     Station, Guantanamo Bay, Cuba, to the United States 
     Disciplinary Barracks, Fort Leavenworth, Kansas; to the 
     Committee on Armed Services.
           By Mr. JONES:
       H.R. 149. A bill to promote congressional and public 
     awareness, understanding, and political accountability of 
     presidential signing statements; to the Committee on the 
     Judiciary.
           By Mr. JONES:
       H.R. 150. A bill to make payments by the Department of 
     Homeland Security to a State contingent on a State providing 
     the Federal Bureau of Investigation with certain statistics, 
     to require Federal agencies, departments, and courts to 
     provide such statistics to the Federal Bureau of 
     Investigation, and to require the Federal Bureau of 
     Investigation to publish such statistics; to the Committee on 
     the Judiciary, and in addition to the Committee on Homeland 
     Security, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Ms. ZOE LOFGREN of California (for herself and Mr. 
             Daniel E. Lungren of California):
       H.R. 151. A bill to establish the Daniel Webster 
     Congressional Clerkship Program; to the Committee on House 
     Administration.
           By Mrs. McCARTHY of New York (for herself, Mr. Hinchey, 
             Ms. Sutton, Mr. Weiner, Mr. Cohen, Mr. Carney, and 
             Mr. Sires):
       H.R. 152. A bill to amend the Internal Revenue Code to 
     provide for a refundable tax credit for heating fuels and to 
     create a grant program for States to provide individuals with 
     loans to weatherize their homes; to the Committee on Ways and 
     Means, and in addition to the Committee on Energy and 
     Commerce, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. McHUGH:
       H.R. 153. A bill to amend the Internal Revenue Code of 1986 
     to provide for tax-favored unemployment savings accounts, and 
     for other purposes; to the Committee on Ways and Means.
           By Mr. McHUGH:
       H.R. 154. A bill to amend the Internal Revenue Code to 
     exclude certain amounts of severance payments from gross 
     income; to the Committee on Ways and Means.
           By Mr. McHUGH:
       H.R. 155. A bill to amend the Internal Revenue Code of 1986 
     to suspend the taxation of unemployment compensation for 2 
     years; to the Committee on Ways and Means.
           By Mr. MITCHELL (for himself, Mr. Paul, Mr. Jones, Mr. 
             Patrick Murphy of Pennsylvania, Mrs. Gillibrand, Mr. 
             Miller of Florida, Mr. McCaul, Mr. Altmire, Mr. 
             Edwards of Texas, Mrs. Myrick, Mr. Platts, Mr. 
             Wittman, Mr. Wilson of South Carolina, Mr. Bright, 
             Mr. DeFazio, Mr. Shuler, Mr. Space, Mr. Goodlatte, 
             Mr. Childers, Mr. Foster, Ms. Dahlkemper, Mr. Hill, 
             Mr. Coffman of Colorado, Mr. Wamp, Mr. Teague, Mr. 
             Adler of New Jersey, Ms. Lummis, Mr. Cohen, Ms. 
             Giffords, Ms. Edwards of Maryland, Mr. Alexander, Mr. 
             Kratovil, Mr. Burton of Indiana, Mr. Johnson of 
             Georgia, Mr. Loebsack, Ms. Kosmas, Mr. Carney, Mr. 
             Kissell, Mr. Nye, Mr. Ellsworth, Mr. McCotter, Ms. 
             Kilroy, Mr. Baird, Mr. Rooney, Mr. Kagen, Ms. 
             Tsongas, Ms. Jenkins, Mr. LoBiondo, Mr. Michaud, Mr. 
             Walz, Mr. Latta, Mr. Hodes, Ms. Kirkpatrick of 
             Arizona, Ms. Pingree of Maine, Mr. Bartlett, Mr. 
             Coble, Mr. Luetkemeyer, Mr. Cuellar, Mr. Kind, Mr. 
             Lee of New York, Mr. Perriello, Mr. Massa, Mr. 
             Donnelly of Indiana, and Mrs. Blackburn):
       H.R. 156. A bill to prevent Members of Congress from 
     receiving any automatic pay adjustment in 2010; to the 
     Committee on House Administration, and in addition to the 
     Committee on Oversight and Government Reform, for a period to 
     be subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. NORTON:
       H.R. 157. A bill to provide for the treatment of the 
     District of Columbia as a Congressional district for purposes 
     of representation in the House of Representatives, and for 
     other purposes; to the Committee on the Judiciary.
           By Mr. OBEY (for himself, Ms. DeLauro, Mr. Frank of 
             Massachusetts, Mr. Israel, Mr. Stark, and Ms. 
             Slaughter):
       H.R. 158. A bill to amend the Federal Election Campaign Act 
     of 1971 to provide for expenditure limitations and public 
     financing for House of Representatives general elections, and 
     for other purposes; to the Committee on House Administration, 
     and in addition to the Committees on Ways and Means, and 
     Rules, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. PASCRELL (for himself, Mr. LaTourette, Mr. Van 
             Hollen, Mr. Sires, Mr. LoBiondo, Ms. Jackson-Lee of 
             Texas, Mr. Manzullo, Mr. Conyers, Mr. McKeon, Mr. 
             Paul, Mr. Ruppersberger, Mr. Farr, Mr. Brady of 
             Pennsylvania, Mrs. Myrick, Mr. Reichert, Mr. Al Green 
             of Texas, Mr. Platts, Mr. Kagen, Mr. Campbell, Mr. 
             Mollohan, and Mr. Holt):
       H.R. 159. A bill to amend the Internal Revenue Code of 1986 
     to allow an above-the-line deduction against individual 
     income tax for interest on indebtedness and for State and 
     local sales and excise taxes with respect to the purchase of 
     certain motor vehicles; to the Committee on Ways and Means.
           By Mr. PAUL (for himself, Mr. Jones, Mr. Bartlett, and 
             Mr. Garrett of New Jersey):
       H.R. 160. A bill to amend title II of the Social Security 
     Act and the Internal Revenue Code of 1986 to provide 
     prospectively that wages earned, and self-employment income 
     derived, by individuals who are not citizens or nationals of 
     the United States shall not be credited for coverage under 
     the old-age, survivors, and disability insurance program

[[Page 34]]

     under such title, and to provide the President with authority 
     to enter into agreements with other nations taking into 
     account such limitation on crediting of wages and self-
     employment income; to the Committee on Ways and Means.
           By Mr. PAUL (for himself, Mr. Burton of Indiana, Mr. 
             Gerlach, Mr. Smith of Nebraska, and Mr. Garrett of 
             New Jersey):
       H.R. 161. A bill to amend the Internal Revenue Code of 1986 
     to repeal the 1993 increase in taxes on Social Security 
     benefits; to the Committee on Ways and Means.
           By Mr. PAUL (for himself, Mr. Bartlett, and Mr. Garrett 
             of New Jersey):
       H.R. 162. A bill to amend the Internal Revenue Code of 1986 
     to repeal the inclusion in gross income of Social Security 
     benefits; to the Committee on Ways and Means.
           By Mr. PAUL:
       H.R. 163. A bill to amend the Internal Revenue Code of 1986 
     with respect to the purchase of prescription drugs by 
     individuals who have attained retirement age, and to amend 
     the Federal Food, Drug, and Cosmetic Act with respect to the 
     importation of prescription drugs and the sale of such drugs 
     through Internet sites; to the Committee on Energy and 
     Commerce, and in addition to the Committee on Ways and Means, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. PAUL (for himself, Mr. Jones, and Mr. Garrett of 
             New Jersey):
       H.R. 164. A bill to provide greater health care freedom for 
     seniors; to the Committee on Ways and Means, and in addition 
     to the Committee on Energy and Commerce, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. PAYNE:
       H.R. 165. A bill to establish the Thomas Edison National 
     Historical Park in the State of New Jersey as the successor 
     to the Edison National Historic Site; to the Committee on 
     Natural Resources.
           By Mr. RODRIGUEZ:
       H.R. 166. A bill to authorize the expansion of the Fort 
     Davis National Historic Site in Fort Davis, Texas, and for 
     other purposes; to the Committee on Natural Resources.
           By Mr. RODRIGUEZ:
       H.R. 167. A bill to amend the Wild and Scenic Rivers Act to 
     modify the boundary of the Rio Grande Wild and Scenic River; 
     to the Committee on Natural Resources.
           By Mr. ROTHMAN of New Jersey:
       H.R. 168. A bill to authorize 150,000 incremental vouchers 
     for tenant-based rental assistance under section 8 of the 
     United States Housing Act of 1937 to help meet the housing 
     needs of low-income families; to the Committee on Financial 
     Services.
           By Mr. SALAZAR:
       H.R. 169. A bill to amend the Great Sand Dunes National 
     Park and Preserve Act of 2000 to explain the purpose and 
     provide for the administration of the Baca National Wildlife 
     Refuge; to the Committee on Natural Resources.
           By Mr. SALAZAR:
       H.R. 170. A bill to establish the Dominguez-Escalante 
     National Conservation Area and the Dominguez Canyon 
     Wilderness Area; to the Committee on Natural Resources.
           By Mr. SALAZAR (for himself and Ms. Markey of 
             Colorado):
       H.R. 171. A bill to establish the Sangre de Cristo National 
     Heritage Area in the State of Colorado, and for other 
     purposes; to the Committee on Natural Resources.
           By Mr. SALAZAR (for himself and Ms. Markey of 
             Colorado):
       H.R. 172. A bill to provide for the construction of the 
     Arkansas Valley Conduit in the State of Colorado; to the 
     Committee on Natural Resources.
           By Mr. SALAZAR (for himself and Ms. Markey of 
             Colorado):
       H.R. 173. A bill to amend the Internal Revenue Code of 1986 
     to exempt certain farmland from the estate tax; to the 
     Committee on Ways and Means.
           By Mr. SALAZAR (for himself and Mr. Lamborn):
       H.R. 174. A bill to direct the Secretary of Veterans 
     Affairs to establish a national cemetery for veterans in the 
     southern Colorado region; to the Committee on Veterans' 
     Affairs, and in addition to the Committee on Ways and Means, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. SCHIFF (for himself and Ms. Giffords):
       H.R. 175. A bill to amend title 40, United States Code, to 
     provide additional authority and definitions relating to 
     public utility contracts; to the Committee on Oversight and 
     Government Reform.
           By Mr. SERRANO (for himself, Mr. Crowley, Mr. Grijalva, 
             Mr. Moore of Kansas, and Mr. Weiner):
       H.R. 176. A bill to amend the Food and Nutrition Act of 
     2008 to provide greater access to the supplemental nutrition 
     assistance program by reducing duplicative and burdensome 
     administrative requirements, authorize the Secretary of 
     Agriculture to award grants to certain community-based 
     nonprofit feeding and anti-hunger groups for the purpose of 
     establishing and implementing a Beyond the Soup Kitchen Pilot 
     Program for certain socially and economically disadvantaged 
     populations, and for other purposes; to the Committee on 
     Agriculture.
           By Mr. SERRANO:
       H.R. 177. A bill to provide for identification of members 
     of the Armed Forces exposed during military service to 
     depleted uranium, to provide for health testing of such 
     members, and for other purposes; to the Committee on Armed 
     Services.
           By Mr. SERRANO:
       H.R. 178. A bill to authorize the appropriation of funds to 
     be used to recruit, hire, and train 100,000 new classroom 
     paraprofessionals in order to improve educational achievement 
     for children; to the Committee on Education and Labor.
           By Mr. SERRANO (for himself, Mr. Abercrombie, Mr. 
             Berman, Mr. Capuano, Mrs. Christensen, Mr. Delahunt, 
             Mr. Farr, Mr. Fattah, Mr. Filner, Mr. Grijalva, Mr. 
             Hare, Mr. Hastings of Florida, Mr. Hinchey, Ms. 
             Norton, Mr. Jackson of Illinois, Mr. Kucinich, Ms. 
             Lee of California, Mrs. Maloney, Mr. McDermott, Mr. 
             Moran of Virginia, Mr. Nadler of New York, Mr. Paul, 
             Mr. Rangel, Ms. Ros-Lehtinen, Ms. Roybal-Allard, Ms. 
             Schakowsky, Mr. Towns, Ms. Waters, Mr. Waxman, and 
             Ms. Woolsey):
       H.R. 179. A bill to permit the use of Federal funds for 
     syringe exchange programs for purposes of reducing the 
     transmission of bloodborne pathogens, including HIV and viral 
     hepatitis; to the Committee on Energy and Commerce.
           By Mr. SERRANO (for himself, Mr. Grijalva, Mr. 
             McDermott, Ms. Roybal-Allard, and Mr. Towns):
       H.R. 180. A bill to amend title XIX of the Social Security 
     Act to waive the requirement for proof of citizenship during 
     first year of life for children born in the United States to 
     a Medicaid-eligible mother; to the Committee on Energy and 
     Commerce.
           By Mr. SERRANO:
       H.R. 181. A bill to permit members of the House of 
     Representatives to donate used computer equipment to public 
     elementary and secondary schools designated by the members; 
     to the Committee on House Administration.
           By Mr. SERRANO:
       H.R. 182. A bill to provide discretionary authority to an 
     immigration judge to determine that an alien parent of a 
     United States citizen child should not be ordered removed, 
     deported, or excluded from the United States; to the 
     Committee on the Judiciary.
           By Mr. SERRANO:
       H.R. 183. A bill to authorize the Secretary of the Interior 
     to study the suitability and feasibility of designating Oak 
     Point and North Brother Island in the Bronx in the State of 
     New York as a unit of the National Park System; to the 
     Committee on Natural Resources.
           By Mr. SERRANO:
       H.R. 184. A bill to amend the Internal Revenue Code of 1986 
     to provide a business credit relating to the use of clean-
     fuel and fuel efficient vehicles by businesses within areas 
     designated as nonattainment areas under the Clean Air Act; to 
     the Committee on Ways and Means.
           By Mr. SERRANO:
       H.R. 185. A bill to amend the Food, Drug, and Cosmetic Act 
     and the egg, meat, and poultry inspection laws to ensure that 
     consumers receive notification regarding food products 
     produced from crops, livestock, or poultry raised on land on 
     which sewage sludge was applied; to the Committee on Energy 
     and Commerce, and in addition to the Committee on 
     Agriculture, for a period to be subsequently determined by 
     the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. SERRANO:
       H.R. 186. A bill to establish a grant program to provide 
     screenings for glaucoma to individuals determined to be at 
     high risk for glaucoma, and for other purposes; to the 
     Committee on Energy and Commerce, and in addition to the 
     Committee on Ways and Means, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. SERRANO:
       H.R. 187. A bill to waive certain prohibitions with respect 
     to nationals of Cuba coming to the United States to play 
     organized professional baseball; to the Committee on Foreign 
     Affairs, and in addition to the Committee on the Judiciary, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. SERRANO:
       H.R. 188. A bill to lift the trade embargo on Cuba, and for 
     other purposes; to the Committee on Foreign Affairs, and in 
     addition to the Committees on Ways and Means, Energy and 
     Commerce, the Judiciary, Financial Services, Oversight and 
     Government Reform, and Agriculture, for a period to be 
     subsequently determined by the Speaker, in each

[[Page 35]]

     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. SERRANO:
       H.R. 189. A bill to amend the Internal Revenue Code of 1986 
     to allow taxpayers to designate income tax overpayments as 
     contributions to the United States Library Trust Fund; to the 
     Committee on Ways and Means, and in addition to the Committee 
     on Education and Labor, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Ms. SHEA-PORTER:
       H.R. 190. A bill to amend title 38, United States Code, to 
     ensure that veterans in each of the 48 contiguous States are 
     able to receive services in at least one full-service 
     hospital of the Veterans Health Administration in the State 
     or receive comparable services provided by contract in the 
     State; to the Committee on Veterans' Affairs.
           By Mr. SIMPSON:
       H.R. 191. A bill to amend title 28, United States Code, to 
     provide for the appointment of additional Federal circuit 
     judges, to divide the Ninth Judicial Circuit of the United 
     States into two circuits, and for other purposes; to the 
     Committee on the Judiciary.
           By Mr. SIMPSON (for himself and Mr. Minnick):
       H.R. 192. A bill to authorize various land conveyances 
     involving National Forest System lands and Bureau of Land 
     Management lands in central Idaho to promote economic 
     development and recreational activities in the area, to add 
     certain National Forest System lands and Bureau of Land 
     Management lands in central Idaho to the National Wilderness 
     Preservation System, to provide special management 
     requirements for certain National Forest System lands and 
     Bureau of Land Management lands in central Idaho, and for 
     other purposes; to the Committee on Natural Resources.
           By Mr. STARK:
       H.R. 193. A bill to amend the Social Security Act and the 
     Internal Revenue Code of 1986 to provide for an AmeriCare 
     that assures the provision of health insurance coverage to 
     all residents, and for other purposes; to the Committee on 
     Energy and Commerce, and in addition to the Committees on 
     Ways and Means, and Education and Labor, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. STARK:
       H.R. 194. A bill to amend the Social Security Act to 
     guarantee comprehensive health care coverage for all children 
     born after 2009, and for other purposes; to the Committee on 
     Energy and Commerce, and in addition to the Committee on Ways 
     and Means, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. STEARNS:
       H.R. 195. A bill to authorize the Secretary of Health and 
     Human Services to make grants to nonprofit tax-exempt 
     organizations for the purchase of ultrasound equipment to 
     provide free examinations to pregnant women needing such 
     services, and for other purposes; to the Committee on Energy 
     and Commerce.
           By Mr. STEARNS:
       H.R. 196. A bill to provide that no Federal funds may be 
     used for the design, renovation, construction, or rental of 
     any headquarters for the United Nations in any location in 
     the United States unless the President transmits to Congress 
     a certification that the United Nations has adopted 
     internationally-recognized best practices in contracting and 
     procurement; to the Committee on Foreign Affairs.
           By Mr. STEARNS (for himself and Mr. Boucher):
       H.R. 197. A bill to amend title 18, United States Code, to 
     provide a national standard in accordance with which 
     nonresidents of a State may carry concealed firearms in the 
     State; to the Committee on the Judiciary.
           By Mr. STEARNS:
       H.R. 198. A bill to amend the Internal Revenue Code of 1986 
     to allow a deduction for amounts paid for health insurance 
     and prescription drug costs of individuals; to the Committee 
     on Ways and Means.
           By Mr. STEARNS:
       H.R. 199. A bill to amend the Internal Revenue Code of 1986 
     to exclude from gross income certain interest amounts 
     received by individuals; to the Committee on Ways and Means.
           By Mr. CONYERS (for himself, Ms. Linda T. Sanchez of 
             California, Mr. Nadler of New York, Mr. Delahunt, Mr. 
             Scott of Virginia, and Ms. Waters):
       H.R. 200. A bill to amend title 11 of the United States 
     Code with respect to modification of certain mortgages on 
     principal residences, and for other purposes; to the 
     Committee on the Judiciary.
           By Mr. STEARNS:
       H.R. 201. A bill to provide that no automatic pay 
     adjustment for Members of Congress shall be made in the year 
     following a fiscal year in which there is a Federal budget 
     deficit; to the Committee on House Administration, and in 
     addition to the Committee on Oversight and Government Reform, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. STEARNS:
       H.R. 202. A bill to create a commission to develop a plan 
     for establishing a Museum of Ideas; to the Committee on 
     Natural Resources, and in addition to the Committee on House 
     Administration, for a period to be subsequently determined by 
     the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. STEARNS:
       H.R. 203. A bill to amend titles XI and XVIII of the Social 
     Security Act to provide increased civil and criminal 
     penalties for acts involving fraud and abuse under the 
     Medicare Program and to increase the amount of the surety 
     bond required for suppliers of durable medical equipment; to 
     the Committee on Ways and Means, and in addition to the 
     Committee on Energy and Commerce, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. THOMPSON of California:
       H.R. 204. A bill to permanently prohibit oil and gas 
     leasing off the coast of Mendocino, Humboldt, and Del Norte 
     Counties in the State of California, and for other purposes; 
     to the Committee on Natural Resources.
           By Mr. THORNBERRY (for himself, Mr. Hensarling, Mr. 
             Rogers of Alabama, Mr. Mack, Mrs. Bachmann, Mr. 
             Boustany, Mr. McCaul, Mr. Brown of South Carolina, 
             Mrs. McMorris Rodgers, Mr. Wilson of South Carolina, 
             Mr. Westmoreland, Mrs. Blackburn, Mr. Jones, Mr. 
             Young of Alaska, Mr. Sessions, Mr. Simpson, Mr. Paul, 
             and Mr. Kingston):
       H.R. 205. A bill to repeal the Federal estate and gift 
     taxes; to the Committee on Ways and Means.
           By Mr. WILSON of South Carolina (for himself and Mrs. 
             Myrick):
       H.R. 206. A bill to amend title 32, United States Code, to 
     improve the readiness of State defense forces and to increase 
     military coordination for homeland security between the 
     States and the Department of Defense; to the Committee on 
     Armed Services.
           By Mr. WILSON of South Carolina (for himself and Ms. 
             Bordallo):
       H.R. 207. A bill to amend the National Guard Youth 
     Challenge Program under title 32, United States Code, to 
     exclude nondefense funds made available by other Federal 
     agencies for the Program from the matching requirements of 
     the Program; to the Committee on Armed Services.
           By Mr. WILSON of South Carolina (for himself and Mr. 
             Bachus):
       H.R. 208. A bill to amend title 10, United States Code, to 
     ensure that members of the reserve components of the Armed 
     Forces who have served on active duty or performed active 
     service since September 11, 2001, in support of a contingency 
     operation or in other emergency situations receive credit for 
     such service in determining eligibility for early receipt of 
     non-regular service retired pay, and for other purposes; to 
     the Committee on Armed Services.
           By Mr. WILSON of South Carolina:
       H.R. 209. A bill to expand the teacher loan forgiveness 
     provisions of the Higher Education Act of 1965 to include 
     speech-language pathologists; to the Committee on Education 
     and Labor.
           By Mr. WILSON of South Carolina:
       H.R. 210. A bill to direct the Secretary of Veterans 
     Affairs to conduct a study on the acquisition of a parcel of 
     land adjacent to Beaufort National Cemetery, Beaufort, South 
     Carolina; to the Committee on Veterans' Affairs.
           By Ms. ESHOO:
       H.R. 211. A bill to facilitate nationwide availability of 
     2-1-1 telephone service for information and referral on 
     health and human services, including volunteer services, and 
     for other purposes; to the Committee on Energy and Commerce.
           By Mr. WILSON of South Carolina:
       H.R. 212. A bill to amend the Internal Revenue Code of 1986 
     to extend bonus depreciation for 2 years; to the Committee on 
     Ways and Means.
           By Mr. WILSON of South Carolina:
       H.R. 213. A bill to repeal the sunset of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 with respect 
     to the expansion of the adoption credit and adoption 
     assistance programs; to the Committee on Ways and Means.
           By Mr. WILSON of South Carolina:
       H.R. 214. A bill to amend the Internal Revenue Code of 1986 
     to provide a Federal income tax credit for certain home 
     purchases; to the Committee on Ways and Means.
           By Mr. WILSON of South Carolina:
       H.R. 215. A bill to provide that rates of pay for Members 
     of Congress shall not be subject to automatic adjustment; and 
     to provide that any bill or resolution, and any amendment to 
     any bill or resolution, which would increase Members' pay may 
     be adopted only by a recorded vote; to the Committee on House 
     Administration, and in addition to the Committees on 
     Oversight and Government

[[Page 36]]

     Reform, and Rules, for a period to be subsequently determined 
     by the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. WILSON of South Carolina (for himself and Mr. 
             Ellsworth):
       H.R. 216. A bill to prevent abuse of Government credit 
     cards; to the Committee on Oversight and Government Reform, 
     and in addition to the Committee on Armed Services, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. WILSON of South Carolina:
       H.R. 217. A bill to direct the Secretary of Veterans 
     Affairs to acquire a parcel of land adjacent to Beaufort 
     National Cemetery, Beaufort, South Carolina; to the Committee 
     on Veterans' Affairs, and in addition to the Committee on 
     Ways and Means, for a period to be subsequently determined by 
     the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. WILSON of South Carolina:
       H.R. 218. A bill to amend the Internal Revenue Code of 1986 
     to provide a nonrefundable personal credit to individuals who 
     donate certain life-saving organs; to the Committee on Ways 
     and Means, and in addition to the Committee on Energy and 
     Commerce, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. PAUL (for himself, Mr. Franks of Arizona, Mr. 
             Roskam, Mr. Jones, Mr. Petri, Mr. LaTourette, Mr. 
             Duncan, Mr. Gerlach, and Mr. Sessions):
       H.R. 219. A bill to amend title II of the Social Security 
     Act to ensure the integrity of the Social Security trust 
     funds by requiring the Managing Trustee to invest the annual 
     surplus of such trust funds in marketable interest-bearing 
     obligations of the United States and certificates of deposit 
     in depository institutions insured by the Federal Deposit 
     Insurance Corporation, and to protect such trust funds from 
     the public debt limit; to the Committee on Ways and Means.
           By Mr. PAUL:
       H.R. 220. A bill to amend title II of the Social Security 
     Act and the Internal Revenue Code of 1986 to protect the 
     integrity and confidentiality of Social Security account 
     numbers issued under such title, to prohibit the 
     establishment in the Federal Government of any uniform 
     national identifying number, and to prohibit Federal agencies 
     from imposing standards for identification of individuals on 
     other agencies or persons; to the Committee on Ways and 
     Means, and in addition to the Committee on Oversight and 
     Government Reform, for a period to be subsequently determined 
     by the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. WITTMAN:
       H.R. 221. A bill to require assurances that certain family 
     planning service projects and programs will provide pamphlets 
     containing the contact information of adoption centers; to 
     the Committee on Energy and Commerce.
           By Mr. WITTMAN:
       H.R. 222. A bill to direct the Secretary of the Interior to 
     conduct a study of the suitability and feasibility of 
     establishing the Northern Neck National Heritage Area in 
     Virginia, and for other purposes; to the Committee on Natural 
     Resources.
           By Ms. WOOLSEY (for herself and Mr. Thompson of 
             California):
       H.R. 223. A bill to expand the boundaries of the Gulf of 
     the Farallones National Marine Sanctuary and the Cordell Bank 
     National Marine Sanctuary, and for other purposes; to the 
     Committee on Natural Resources.
           By Mr. GOODLATTE (for himself, Mr. Boehner, Mr. Cantor, 
             Mr. Pence, Mr. McCarthy of California, Mr. Blunt, Mr. 
             Putnam, Mr. Taylor, Mr. Peterson, Mr. Heller, Mr. 
             Jones, Mr. Wamp, Mr. Roskam, Mr. Royce, Mr. Graves, 
             Mr. Sessions, Mr. Brady of Texas, Mr. Wilson of South 
             Carolina, Mr. Simpson, Mr. Price of Georgia, Mrs. 
             Bachmann, Mrs. McMorris Rodgers, Mr. Sensenbrenner, 
             Mr. Westmoreland, Mr. Tiberi, Mr. Neugebauer, Mr. 
             Ehlers, Mr. Lamborn, Mr. Chaffetz, Mr. McCaul, Mr. 
             Boustany, Mr. Walden, Mr. Smith of Texas, Mr. Petri, 
             Mr. Hall of Texas, Mr. Mack, Mr. Platts, Mr. 
             Hensarling, Mr. Burton of Indiana, Mr. Bilirakis, Mr. 
             Franks of Arizona, Mr. Wittman, Mr. Hoekstra, Mr. 
             LaTourette, Mrs. Blackburn, Ms. Foxx, Mr. Garrett of 
             New Jersey, Mr. Reichert, Mr. Gingrey of Georgia, Mr. 
             McCotter, Ms. Fallin, Ms. Lummis, Mr. Pitts, Mr. 
             Culberson, Mr. Bachus, Mr. Shadegg, Mr. Latta, Mr. 
             McHenry, Mr. Inglis, Mr. Gallegly, Mr. McIntyre, Mr. 
             McKeon, Mr. Calvert, Mr. Akin, Mr. Boswell, Mr. 
             Edwards of Texas, Mr. Marshall, Mr. Aderholt, Mr. 
             Alexander, Mr. Bartlett, Mr. Barton of Texas, Mr. 
             Bilbray, Mr. Bonner, Mr. Boozman, Mr. Brown of South 
             Carolina, Mr. Burgess, Mrs. Biggert, Mr. Camp, Mr. 
             Conaway, Mr. Dent, Mr. Mario Diaz-Balart of Florida, 
             Mr. Flake, Mr. Fleming, Mr. Forbes, Mr. Gohmert, Ms. 
             Granger, Mr. Herger, Mr. Hunter, Mr. Issa, Mr. Sam 
             Johnson of Texas, Mr. Kirk, Mr. Linder, Mr. Lucas, 
             Mrs. Miller of Michigan, Mr. Moran of Kansas, Mr. Tim 
             Murphy of Pennsylvania, Mrs. Myrick, Mr. Poe of 
             Texas, Mr. Rehberg, Mr. Rogers of Kentucky, Mr. 
             Scalise, Mrs. Schmidt, Mr. Shimkus, Mr. Thornberry, 
             Mr. Upton, Mr. Kline of Minnesota, Mr. Boren, Mr. 
             Smith of Nebraska, Mr. Ellsworth, Mr. McHugh, Mr. 
             Stearns, Mr. Shuster, Mr. Davis of Kentucky, and Mr. 
             Sullivan):
       H.J. Res. 1. A joint resolution proposing a balanced budget 
     amendment to the Constitution of the United States; to the 
     Committee on the Judiciary.
           By Mrs. CHRISTENSEN (for herself, Ms. Bordallo, and Mr. 
             Faleomavaega):
       H.J. Res. 2. A joint resolution proposing an amendment to 
     the Constitution of the United States regarding presidential 
     election voting rights for residents of all United States 
     territories and commonwealths; to the Committee on the 
     Judiciary.
           By Ms. FOXX (for herself, Mr. King of Iowa, Mr. Paul, 
             Mr. McCaul, Mrs. Bachmann, Mr. Platts, Mrs. 
             Blackburn, Mr. Flake, Mr. Lamborn, and Ms. Kaptur):
       H.J. Res. 3. A joint resolution relating to the disapproval 
     of obligations under the Emergency Economic Stabilization Act 
     of 2008; to the Committee on Financial Services.
           By Ms. McCOLLUM:
       H.J. Res. 4. A joint resolution proposing an amendment to 
     the Constitution of the United States regarding health care; 
     to the Committee on the Judiciary.
           By Mr. SERRANO:
       H.J. Res. 5. A joint resolution proposing an amendment to 
     the Constitution of the United States to repeal the twenty-
     second article of amendment, thereby removing the limitation 
     on the number of terms an individual may serve as President; 
     to the Committee on the Judiciary.
           By Ms. SLAUGHTER:
       H. Con. Res. 1. Concurrent resolution regarding consent to 
     assemble outside the seat of government; considered and 
     agreed to.
           By Mrs. CHRISTENSEN (for herself, Ms. Bordallo, and Mr. 
             Faleomavaega):
       H. Con. Res. 2. Concurrent resolution expressing the sense 
     of the Congress that the United States Fish and Wildlife 
     Service should incorporate consideration of global warming 
     and sea-level rise into the comprehensive conservation plans 
     for coastal national wildlife refuges, and for other 
     purposes; to the Committee on Natural Resources.
           By Mr. SERRANO:
       H. Con. Res. 3. Concurrent resolution entitled the 
     ``English Plus Resolution''; to the Committee on Education 
     and Labor.
           By Mr. BECERRA:
       H. Res. 1. A resolution electing officers of the House of 
     Representatives; considered and agreed to.
           By Mr. HOYER:
       H. Res. 2. A resolution to inform the Senate that a quorum 
     of the House has assembled and of the election of the Speaker 
     and the Clerk; considered and agreed to.
           By Mr. HOYER:
       H. Res. 3. A resolution authorizing the Speaker to appoint 
     a committee to notify the President of the assembly of the 
     Congress; considered and agreed to.
           By Mr. DINGELL:
       H. Res. 4. A resolution authorizing the Clerk to inform the 
     President of the election of the Speaker and the Clerk; 
     considered and agreed to.
           By Mr. HOYER:
       H. Res. 5. A resolution adopting rules for the One Hundred 
     Eleventh Congress; considered and agreed to.
           By Mr. McINTYRE:
       H. Res. 6. A resolution recognizing the significant 
     contribution coaches make in the life of children who 
     participate in organized sports and supporting the goals and 
     ideals of National Coaches Appreciation Week; to the 
     Committee on Education and Labor.
           By Mrs. BIGGERT:
       H. Res. 7. A resolution encouraging increased public 
     awareness of eating disorders and expanded research for 
     treatment and cures; to the Committee on Energy and Commerce.
           By Mr. LARSON of Connecticut:
       H. Res. 8. A resolution electing Members to certain 
     standing committees of the House of Representatives; 
     considered and agreed to.
           By Mr. NADLER of New York:
       H. Res. 9. A resolution expressing the sense of the House 
     of Representatives that the President of the United States 
     should not issue pardons to senior members of his 
     administration during the final 90 days of his term of 
     office; to the Committee on the Judiciary.
           By Ms. SLAUGHTER:
       H. Res. 10. A resolution fixing the daily hour of meeting 
     of the First Session of the

[[Page 37]]

     One Hundred Eleventh Congress; considered and agreed to.
           By Mr. BARTLETT:
       H. Res. 11. A resolution expressing the sense of the House 
     of Representatives that the United States, in collaboration 
     with other international allies, should establish an energy 
     project with the magnitude, creativity, and sense of urgency 
     that was incorporated in the ``Man on the Moon'' project 
     address the inevitable challenges of ``Peak Oil''; to the 
     Committee on Energy and Commerce.
           By Mr. PENCE:
       H. Res. 12. A resolution electing certain Minority Members 
     to certain standing committees of the House of 
     Representatives; considered and agreed to.
           By Mr. BILBRAY:
       H. Res. 13. A resolution providing for the designation of 
     certain minority employees; considered and agreed to.
           By Mr. ISSA:
       H. Res. 14. A resolution recognizing the importance of the 
     Border Patrol in combating human smuggling and commending the 
     Department of Justice for increasing the rate of human 
     smuggler prosecutions; to the Committee on the Judiciary, and 
     in addition to the Committee on Homeland Security, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. CONYERS (for himself and Mr. Smith of Texas):
       H. Res. 15. A resolution authorizing and directing the 
     Committee on the Judiciary to inquire whether the House 
     should impeach G. Thomas Porteous, a judge of the United 
     States District Court for the Eastern District of Louisiana; 
     to the Committee on Rules.
           By Mrs. BIGGERT (for herself and Mr. Kanjorski):
       H. Res. 16. A resolution supporting the goals and ideals of 
     National Life Insurance Awareness Month; to the Committee on 
     Oversight and Government Reform.
           By Mr. CAMPBELL:
       H. Res. 17. A resolution amending the Rules of the House of 
     Representatives to abolish the Committee on Appropriations; 
     to the Committee on Rules.
           By Mr. COHEN (for himself, Mr. George Miller of 
             California, Mr. Himes, Mr. Hinchey, Mr. Payne, Mr. 
             Courtney, Ms. Bordallo, Mr. Farr, Mr. McGovern, Mr. 
             Boswell, Ms. Woolsey, and Ms. Shea-Porter):
       H. Res. 18. A resolution honoring the life, achievements, 
     and contributions of Paul Newman; to the Committee on 
     Oversight and Government Reform.
           By Mr. GERLACH:
       H. Res. 19. A resolution amending the Rules of the House of 
     Representatives to encourage bipartisan amendments; to the 
     Committee on Rules.
           By Mr. ROYCE (for himself, Ms. Loretta Sanchez of 
             California, Mr. Rohrabacher, Ms. Zoe Lofgren of 
             California, Mr. Cao, Mr. Burton of Indiana, and Mr. 
             Wolf):
       H. Res. 20. A resolution calling on the State Department to 
     list the Socialist Republic of Vietnam as a ``Country of 
     Particular Concern'' with respect to religious freedom; to 
     the Committee on Foreign Affairs.
           By Mr. STEARNS:
       H. Res. 21. A resolution expressing the sense of the House 
     of Representatives with respect to pregnancy resource 
     centers; to the Committee on Energy and Commerce.
           By Ms. WOOLSEY (for herself, Mrs. Tauscher, Mr. 
             McDermott, Mr. Hinchey, Mr. Cohen, Mr. Waxman, Mr. 
             Wu, Ms. Norton, Mr. Lewis of Georgia, Ms. Shea-
             Porter, Mr. Hastings of Florida, Mr. Capuano, Ms. Lee 
             of California, Mr. Israel, Mrs. Maloney, Mr. Nadler 
             of New York, Ms. Hirono, Mr. Markey of Massachusetts, 
             Mr. Ellison, Mr. Dicks, Mrs. Lowey, Ms. Waters, Ms. 
             Richardson, and Mr. Farr):
       H. Res. 22. A resolution expressing the sense of the House 
     of Representatives that the Senate should ratify the 
     Convention on the Elimination of All Forms of Discrimination 
     Against Women (CEDAW); to the Committee on Foreign Affairs.

                          ____________________




                     PRIVATE BILLS AND RESOLUTIONS

  Under clause 3 of rule XII,
            Ms. SHEA-PORTER introduced a bill (H.R. 224) to 
             provide for the liquidation or reliquidation of 
             certain entries of newspaper printing presses and 
             components thereof; which was referred to the 
             Committee on Ways and Means.

                          ____________________




    CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF 
                                BENEFITS

  Under clause 9 of rule XXI, lists or statements on congressional 
earmarks, limited tax benefits, or limited tariff benefits were 
submitted as follows:

               Offered By Mr. George Miller of California

       H.R. 11, the Lilly Ledbetter Fair Pay Act, ``does not 
     contain any congressional earmarks, limited tax benefits, or 
     limited tariff benefits as defined in clause 9(d), 9(e), or 
     9(f) of Rule XXI.''

               Offered By Mr. George Miller of California

       H.R. 12, the Paycheck Fairness Act, ``does not contain any 
     congressional earmarks, limited tax benefits, or limited 
     tariff benefits as defined in clause 9(d), 9(e), or 9(f) of 
     Rule XXI.''
     
     
     


[[Page 38]]

                    SENATE--Tuesday, January 6, 2009

  The sixth day of January being the day prescribed by House Joint 
Resolution 100 for the meeting of the 1st Session of the 111th 
Congress, the Senate assembled in its Chamber at the Capitol and at 
12:01 p.m. was called to order by the Vice President (Mr. Cheney).
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Eternal Lord God, our shelter from life's storms, as we begin the 
111th Congress, we ask for Your guidance. Lead our Senators on a path 
that will bring blessings, as they seek to honor Your Name. Forgive 
them when they lean too heavily upon their wisdom, forgetting to look 
to You, the author and finisher of destinies.
  Lord, thank You for the opportunity to serve You and country and to 
daily contribute to building a better world. As our Nation waits with 
expectancy during this transition time, help us to remember that Your 
sovereignty is changeless. Remind us to have confidence in our future 
because we know and depend on You.
  We pray in Your wonderful Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Vice President led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                CERTIFICATES OF ELECTION AND CREDENTIALS

  The VICE PRESIDENT. The Chair lays before the Senate two certificates 
of election to fill unexpired terms and the certificates of election of 
32 Senators elected for 6-year terms beginning on January 3, 2009. All 
certificates, the Chair is advised, are in the form suggested by the 
Senate or contain all essential elements of the forms suggested by the 
Senate. If there be no objection, the reading of the above certificates 
will be waived and they will be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                           State of Tennessee


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Lamar Alexander was duly chosen by the qualified electors of 
     the State of Tennessee a Senator from said State to represent 
     said State in the Senate of the United States for the term of 
     six years, beginning on the 3d day of January, 2009.
       Witness: His excellency our governor Phil Bredesen, and our 
     seal hereto affixed at Nashville this 8th day of December, in 
     the year of our Lord, 2008.
       By the Governor:
                                                    Phil Bredesen,
     Governor.
                                  ____


                            State of Wyoming


          certificate of election for unexpired four-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November 2008, 
     John Barrasso was duly chosen by the qualified electors of 
     the State of Wyoming, a Senator from said State to represent 
     said State in the Senate of the United States for the 
     unexpired term of four years, beginning on the 3rd day of 
     January, 2009.
       Witness: His excellency our governor, Dave Freudenthal, and 
     our seal hereto affixed at the Wyoming State Capitol, 
     Cheyenne, Wyoming, this 12th day of November, in the year of 
     our Lord 2008.
                                                 Dave Freudenthal,
     Governor.
                                  ____


                            State of Montana


 certificate of election for six-year term to the united states senate

       I, Brad Johnson, Secretary of State of the State of 
     Montana, do hereby certify that Max Baucus was duly chosen on 
     November 4th, 2008, by the qualified electors of the State of 
     Montana as a United States Senator from said State to 
     represent said State in the United States Senate. The six-
     year term commences on January 3rd, 2009.
       Witness: His excellency our Governor Brian Schweitzer, and 
     the official seal hereunto affixed at the City of Helena, the 
     Capital, this 10th day of December, in the year of our Lord 
     2008.
       By the Governor:
                                                 Brian Schweitzer,
     Governor.
                                  ____


                            State of Alaska


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008 
     Mark Begich was duly chosen by the qualified electors of the 
     State of Alaska a Senator from said State to represent said 
     State in the United States for the term of six years, 
     beginning on the 3rd day of January, 2009.
       Witness: Her excellency our governor Sarah Palin, and our 
     seal hereto affixed at Juneau this 8th day of December, in 
     the year of our Lord 2008.
       By the Governor:
                                                      Sarah Palin,
     Governor.
                                  ____


                           State of Delaware


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Joseph R. Biden, Jr. was duly chosen by the qualified 
     electors of the State of Delaware a Senator from said State 
     to represent said State in the United States for the term of 
     six years, beginning at noon on the 3rd day of January, 2009.
       Given under my hand and the Great Seal of the said State, 
     at Dover, this 29th day of November in the year of our Lord 
     two thousand eight, and of the Independence of the United 
     States of America the two hundred and thirty-second.
                                                  Ruth Ann Minner,
     Governor.
                                  ____


                            State of Georgia


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       This is to certify that on the 2nd day of December, 2008, 
     Saxby Chambliss was duly chosen by the qualified electors of 
     the State of Georgia to be a Senator from said State to 
     represent said State in the Senate of the United States for 
     the term of six years, beginning on the 3rd day of January, 
     2009.
       Given under my hand and the Great Seal of the State of 
     Georgia at the Capitol, in the city of Atlanta, the 15th day 
     of December, in the year of our Lord Two Thousand and Eight.
       By the Governor:
                                                     Sonny Perdue,
     Governor.
                                  ____


                          State of Mississippi


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the president of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Thad Cochran was duly chosen by the qualified electors of the 
     State of Mississippi a Senator from said State to represent 
     said State in the Senate of the United States for the term of 
     six years, beginning on the 3d day of January, 2009.
       Witness: His excellency our governor Haley Barbour, and our 
     seal hereto affixed at Jackson, Hinds County, Mississippi 
     this 18th day of December, in the year of our Lord 2008.
       By the Governor:
                                                    Haley Barbour,

     Governor.
                                  ____


                             State of Maine


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       This is to certify that on the fourth day of November in 
     the year Two Thousand and Eight, Susan M. Collins was duly 
     chosen by the qualified electors of the State of Maine, a 
     senator from said State to represent said State in the Senate 
     of the United States for the term of six years, beginning on 
     the third day of January, in the year Two Thousand and Nine.
       Witness: His excellency our Governor, John E. Baldacci, and 
     our seal hereto affixed at Augusta, Maine this twenty-fourth 
     day of

[[Page 39]]

     November, in the year of our Lord Two Thousand and Eight.
       By the Governor:
                                                 John E. Baldacci,
     Governor.
                                  ____


                             State of Texas


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     John Cornyn was duly chosen by the qualified electors of the 
     State of Texas, a Senator from said State to represent said 
     State in the Senate of the United States for the term of six 
     years, beginning on the 3rd day of January, 2009.
       Witness: His excellency our governor Rick Perry, and our 
     seal hereto affixed at Austin, Texas this 19th day of 
     November, in the year of our Lord 2008.
       By the Governor:
                                                       Rick Perry,
     Governor.
                                  ____


                           State of Illinois


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       This is to certify that on the Fourth day of November, Two 
     Thousand and Eight Richard J. Durbin was duly chosen by the 
     qualified electors of the State of Illinois, a Senator from 
     said State, to represent said State in the Senate of the 
     United States for the term of six years, beginning the third 
     day of January, Two Thousand and Nine.
       Witness: His excellency our governor, Rod R. Blagojevich, 
     and our seal hereto affixed at the City of Springfield, 
     Illinois this First day of December, in the year of our Lord 
     Two Thousand and Eight.
       By the Governor:
                                               Rod R. Blagojevich,
     Governor.
                                  ____


                            State of Wyoming


               certificate of Election for Six-Year Term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November 2008, 
     Mike Enzi was duly chosen by the qualified electors of the 
     State of Wyoming, a Senator from said State to represent said 
     State in the Senate of the United States for the term of six 
     years, beginning on the 3rd day of January, 2009.
       Witness: His excellency our governor, Dave Freudenthal, and 
     our seal hereto affixed at the Wyoming State Capitol, 
     Cheyenne, Wyoming, this 12th day of November, in the year of 
     our Lord 2008.
                                                 Dave Freudenthal,
     Governor.
                                  ____


                        State of South Carolina


               Certificate of Election for Six-Year Term

     To the President of the Senate of the United States:
       This is to certify that on the fourth day of November, 
     2008, A.D. Lindsey O. Graham was duly chosen by the qualified 
     electors of the State of South Carolina a Senator from said 
     State to represent said State in the Senate of the United 
     States for the term of six years, beginning on the third day 
     of January 2009.
       Witness: His excellency our Governor Mark Sanford, and our 
     seal hereto affixed at Columbia, South Carolina this twenty-
     fourth day of November, in the year of our Lord, 2008.
       By the Governor:
                                                     Mark Sanford,
     Governor.
                                  ____


                        State of North Carolina


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Kay Hagan was duly chosen by the qualified electors of the 
     State of North Carolina a Senator from said State to 
     represent said State in the Senate of the United States for 
     the term of six years, beginning on the 3rd day of January, 
     2009.
       Witness: His excellency our governor Mike Easley, and our 
     seal hereto affixed at Raleigh, NC this 25th day of November, 
     in the year of our Lord 2008.
       By the Governor:
                                                      Mike Easley,
     Governor.
                                  ____


                             State of Iowa


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Tom Harkin was duly chosen by the qualified electors of the 
     State of Iowa a Senator from said State to represent said 
     State in the Senate of the United States for the term of six 
     years, beginning on the 3rd day of January 2009.
       Witness: His excellency our Governor Chester J. Culver, and 
     our seal hereto affixed at Des Moines this 24th day of 
     November, in the year of our Lord 2008.
                                                Chester J. Culver,
     Governor of Iowa.
                                  ____


                           State of Oklahoma


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Jim Inhofe was duly chosen by the qualified electors of the 
     State of Oklahoma a Senator from said State to represent said 
     State in the Senate of the United States for the term of six 
     years, beginning on the 3rd day of January 2009.
       Witness: His excellency our Governor Brad Henry, and our 
     seal hereto affixed at Oklahoma City, Oklahoma this 20th day 
     of November, in the year of our Lord 2008.
       By the Governor:
                                                       Brad Henry,
     Governor.
                                  ____


                           State of Nebraska


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States.
       This is to certify that on the 4th day of November, 2008, 
     Mike Johanns was duly chosen by the qualified electors of the 
     State of Nebraska a Senator from said State to represent said 
     State in the Senate of the United States for the term of six 
     years, beginning on the 3rd day of January, 2009.
       Witness: His excellency our Governor Dave Heineman, and our 
     seal hereto affixed at Lincoln, Nebraska, this 8th day of 
     December, in the year of our Lord 2008.
       By the governor:
                                                    Dave Heineman,
     Governor.
                                  ____


                         State of South Dakota


               certificate of election for six-year term

       This is to certify that on the fourth day of November, 
     2008, at the general election, Tim Johnson was elected by the 
     qualified voters of the State of South Dakota to the office 
     of United States Senate for the term of six years, beginning 
     on the third day of January, 2009.
       In witness whereof, We have hereunto set our hands and 
     caused the Seal of the State to be affixed at Pierre, the 
     Capital, this 18th day of November, 2008.
                                                M. Michael Rounds,
     Governor.
                                  ____


                         State of Massachusetts


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the fourth day of November, two 
     thousand and eight John F. Kerry was duly chosen by the 
     qualified electors of the Commonwealth of Massachusetts a 
     Senator from said Commonwealth to represent said Commonwealth 
     in the Senate of the United States for the term of six years, 
     beginning on the third day of January, two thousand and nine.
       Witness: His excellency, the Governor, Deval L. Patrick, 
     and our seal hereto affixed at Boston, this third day of 
     December in the year of our Lord two thousand and eight.
       By the Governor,
                                                 Deval L. Patrick,
     Governor.
                                  ____


                           State of Louisiana


               Certificate of Election for Six-year Term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Mary Landrieu was duly chosen by the qualified electors of 
     the State of Louisiana a senator from said State to represent 
     said State in the Senate of the United States for the term of 
     six years, beginning at noon on the 3rd day of January, 2009.
       Witness: His excellency our Governor, Bobby Jindal, and our 
     seal hereto affixed at Baton Rouge, this 18th day of 
     November, in the year of our Lord 2008.
       By the Governor:
                                                     Bobby Jindal,
     Governor.
                                  ____


                          State of New Jersey


               Certificate of Election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the fourth day of November, 
     2008, Frank Lautenberg, was duly chosen by the qualified 
     electors of the State of New Jersey, a Senator from said 
     State to represent said State in the Senate of the United 
     States for the term of six years, beginning on the third day 
     of January, 2009.
       Given, under my hand and the Great Seal of the State of New 
     Jersey, this 4th day of December, two thousand and eight.
       By the Governor,
                                                   Jon S. Corzine,
     Governor.
                                  ____


                           State of Michigan


               Certificate of Election for Six-Year Term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Carl Levin was duly chosen by the qualified electors of the 
     State of Michigan a Senator from the State of Michigan to 
     represent the State of Michigan in the Senate of the United 
     States for the term of six years, beginning on the 3rd day of 
     January, 2009.

[[Page 40]]

       Given under my hand and the Great Seal of the State of 
     Michigan this 1st day of December, in the year of our Lord, 
     two thousand and eight.
       By the governor:
                                             Jennifer M. Granholm,
     Governor.
                                  ____


                           State of Kentucky


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       To all to Whom These Presents Shall Come, Greeting: Know Ye 
     That Honorable Mitch McConnell having been duly certified, 
     that on November 4, 2008 was duly chosen by the qualified 
     electors of the Commonwealth of Kentucky a Senator from said 
     state to represent said state in the Senate of the United 
     States for the term of six years, beginning the 3rd day of 
     January 2009.
       I hereby invest the above named with full power and 
     authority to execute and discharge the duties of the said 
     office according to law. And to have and to hold the same 
     with all the rights and emoluments thereunto legally 
     appertaining, for and during the term prescribed by law.
       In testimony whereof, I have caused these letters to be 
     made patent, and the seal of the Commonwealth to be hereunto 
     affixed. Done at Frankfort, the 3rd day of December in the 
     year of our Lord two thousand and eight and in the 217th year 
     of the Commonwealth,
                                                Steven L. Beshear,
     Governor.
                                  ____


                            State of Oregon


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Jeff Merkley was duly chosen by the qualified electors of the 
     State of Oregon, a Senator from said State to represent said 
     State in the Senate of the United States for the term of six 
     years, beginning on the 4th day of January, 2009.
       Witness: His excellency our Governor, Theodore Kulongoski, 
     and our seal hereto affixed at Salem, Oregon this 4th day of 
     December, 2008.
       By the Governor:
                                              Theodore Kulongoski,
     Governor.
                                  ____


                           State of Arkansas


               CERTIFICATE OF ELECTION FOR SIX-YEAR TERM

     To the President of the Senate of the United States:
       Know Ye, That Whereas, It appears that Mark Pryor was duly 
     elected to the U.S. Senate, in and for the State of Arkansas 
     at an election held on the fourth day of November, Two 
     Thousand Eight.
       Therefore, I, Mike Beebe, Governor of the State of Arkansas 
     in the name and by authority of the people of the State of 
     Arkansas, vested in me by the Constitution and the laws of 
     said State do hereby certify that Mark Pryor was duly chosen 
     by the qualified electors of the State of Arkansas to the 
     office of U.S. Senate In and for the State of Arkansas for 
     the term of six years, beginning on the 3rd of January, 2009.
       Witness: His excellency our governor, Mike Beebe, and our 
     seal hereto affixed at Little Rock, Arkansas this 5th day of 
     December, in the year of our Lord 2008.
                                                       Mike Beebe,
     Governor.
                                  ____


                         State of Rhode Island


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     John F. Reed was duly chosen by the qualified electors of the 
     State of Rhode Island and Providence Plantations a Senator 
     from said State to represent said State in the Senate of the 
     United States for the term of six years, beginning on the 3rd 
     day of January, 2009.
       Witness: His excellency our Governor Donald L. Carcieri, 
     and our seal affixed on this 4th day of December, in the year 
     of our Lord 2008.
       By the Governor:
                                               Donald L. Carcieri,
     Governor.
                                  ____


                             State of Idaho


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     James E. Risch was duly chosen by the qualified electors of 
     the State of Idaho a Senator from said State to represent 
     said State in the Senate of the United States for the term of 
     six years, beginning on the 3rd day of January, 2009.
       Witness: His excellency our governor C.L. ``Butch'' Otter, 
     and our seal hereto affixed at Boise this 15th day of 
     December, in the year of our Lord 2008.
       By the Governor:
                                             C.L. ``Butch'' Otter,
     Governor.
                                  ____


                            State of Kansas


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Pat Roberts was duly chosen by the qualified electors of the 
     State of Kansas, a Senator from said State to represent said 
     State in the Senate of the United States for the term of six 
     years, beginning on the 3rd day of January, 2009.
       Witness: His excellency our governor Kathleen Sebelius, and 
     our seal hereto affixed at Topeka, Kansas this 26th day of 
     November, in the year of our Lord 2008.
       By the Governor:
                                                Kathleen Sebelius,
     Governor.
                                  ____


                         State of West Virginia


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the fourth day of November, 
     2008, Jay Rockefeller was duly chosen by the qualified 
     electors of the State of West Virginia, a Senator from said 
     State to represent said State in the Senate of the United 
     States for the term of six years, beginning on the third day 
     of January, 2009.
       Witness: His excellency our governor Joe Manchin III, and 
     our seal hereto affixed at Charleston this 17th day of 
     December, in the year of our Lord 2008.
       By the governor:
                                                  Joe Manchin III,
     Governor.
                                  ____


                            State of Alabama


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Jefferson B. Sessions, III, was duly chosen by the qualified 
     electors of the State of Alabama a Senator from said State to 
     represent said State in the Senate of the United States for 
     the term of six years beginning on the 3rd day of January, 
     2009.
       Witness: His excellency our governor Bob Riley, and our 
     seal hereto affixed at Montgomery this 25th day of November, 
     in the year of our Lord 2008.
       By the Governor.
                                                        Bob Riley,
     Governor.
                                  ____


                         State of New Hampshire


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the fourth day of November, two-
     thousand and eight Jeanne Shaheen was duly chosen by the 
     qualified electors of the State of New Hampshire to represent 
     said State in the Senate of the United States for the term of 
     six years beginning on the third day of January, two-thousand 
     and nine.
       Witness: His excellency, Governor John H. Lynch and the 
     Seal of the State of New Hampshire hereto affixed at Concord, 
     this third day of December, in the year of Our Lord two 
     thousand and eight.
                                                    John H. Lynch,
     Governor.
                                  ____


                           State of Colorado


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the Fourth day of November, 
     2008, Mark Udall was duly chosen by the qualified electors of 
     the State of Colorado a Senator from said State to represent 
     said State in the Senate of the United States for the term of 
     six years, beginning on the Third day of January, 2009.
       Witness: His excellency our Governor Bill Ritter, Jr., and 
     our seal hereto affixed at Denver, Colorado this Twenty-ninth 
     day of December, in the year of our Lord 2008.
       By the Governor
                                                 Bill Ritter, Jr.,
     Governor.
                                  ____


                          State of New Mexico


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Tom Udall was duly chosen by the qualified electors of the 
     State of New Mexico, a Senator from said State to represent 
     said State in the Senate of the United States for the term of 
     six years, beginning on the 3rd day of January, 2009.
       Witness: His excellency our governor Bill Richardson, and 
     our seal hereto affixed at Santa Fe this 7th day of December, 
     in the year of our Lord 2008.
       By the Governor:
                                                  Bill Richardson,
     Governor.
                                  ____


                           State of Virginia


               certificate of election for six-year term

     To the President of the Senate of the United States:
       This is to certify that on the fourth day of November, 
     2008, Mark R. Warner was duly chosen by the qualified 
     electors of the Commonwealth of Virginia to be a Senator from 
     the Commonwealth to represent the Commonwealth in the Senate 
     of the United States for the term of six years, beginning on 
     the third day of January, 2009.

[[Page 41]]

       In Testimony Whereof our Governor has hereunto signed his 
     name and affixed the Lesser Seal of the Commonwealth at 
     Richmond, this twenty-fifth day of November, two thousand 
     eight, and in the two-hundred thirty-third year of the 
     Commonwealth.
                                                 Timothy M. Kaine,
     Governor.
                                  ____


                          State of Mississippi


               certificate of election for unexpired term

     To the President of the Senate of the United States:
       This is to certify that on the 4th day of November, 2008, 
     Roger Wicker was duly chosen by the qualified electors of the 
     State of Mississippi, a Senator for the unexpired term ending 
     at noon on the 3rd day of January, 2013, to fill the vacancy 
     in the representation from said State in the Senate of the 
     United States caused by the resignation of Trent Lott.
       Witness: His excellency our governor Haley Barbour, and our 
     seal hereto affixed at Jackson, Hinds County, Mississippi 
     this 18th day of December, in the year of our Lord 2008.
       By the Governor:
                                                    Haley Barbour,
     Governor.

                          ____________________




                    ADMINISTRATION OF OATH OF OFFICE

  The VICE PRESIDENT. If the Senators to be sworn in will now present 
themselves to the desk in groups of four as their names are called in 
alphabetical order, the Chair will administer their oath of office.
  The clerk will read the names of the first group.
  The legislative clerk (Kathleen Alvarez Tritak) called the names of 
Mr. Alexander, Mr. Barrasso, Mr. Baucus, and Mr. Begich.
  These Senators, escorted by Mr. Corker, Mr. Thompson, Mr. Baker, Mr. 
Enzi, Mr. Tester, and Ms. Murkowski, respectively, advanced to the desk 
of the Vice President; the oath prescribed by law was administered to 
them by the Vice President; and they severally subscribed to the oath 
in the Official Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)
  The VICE PRESIDENT. The clerk will read the names of the next four 
Senators.
  The legislative clerk called the names of Mr. Biden, Mr. Chambliss, 
Mr. Cochran, and Ms. Collins.
  These Senators, escorted by Mr. Carper, Mr. Isakson, Mr. Wicker, and 
Ms. Snowe, respectively, advanced to the desk of the Vice President; 
the oath prescribed by law was administered to them by the Vice 
President; and they severally subscribed to the oath in the Official 
Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)
  The VICE PRESIDENT. The clerk will call the names of the next four 
Senators.
  The legislative clerk called the names of Mr. Cornyn, Mr. Durbin, Mr. 
Enzi, and Mr. Graham.
  These Senators, escorted by Mrs. Hutchison, Mr. Kennedy, Mr. 
Barrasso, and Mr. DeMint, respectively, advanced to the desk of the 
Vice President; the oath prescribed by law was administered to them by 
the Vice President; and they severally subscribed to the oath in the 
Official Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)
  The VICE PRESIDENT. The clerk will call the names of the next group 
of Senators.
  The legislative clerk called the names of Mrs. Hagan, Mr. Harkin, Mr. 
Inhofe, and Mr. Johanns.
  These Senators, escorted by Mr. Burr, Ms. Mikulski, Mr. Grassley, Mr. 
Coburn, and Mr. Nelson of Nebraska, respectively, advanced to the desk 
of the Vice President; the oath prescribed by law was administered to 
them by the Vice President; and they severally subscribed to the oath 
in the Official Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)
  The VICE PRESIDENT. The clerk will call the names of the next group 
of Senators.
  The legislative clerk called the names of Mr. Johnson, Mr. Kerry, Ms. 
Landrieu, and Mr. Lautenberg.
  These Senators, escorted by Mr. Daschle, Mr. Thune, Mr. Kennedy, Mr. 
Domenici, Ms. Mikulski, and Mr. Menendez, respectively, advanced to the 
desk of the Vice President; the oath prescribed by law was administered 
to them by the Vice President; and they severally subscribed to the 
oath in the Official Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)
  The VICE PRESIDENT. The clerk will call the names of the next group 
of Senators.
  The legislative clerk called the names of Mr. Levin, Mr. McConnell, 
Mr. Merkley, and Mr. Pryor.
  These Senators, escorted by Ms. Stabenow, Mr. Bunning, Mr. Wyden, and 
Mrs. Lincoln, respectively, advanced to the desk of the Vice President; 
the oath prescribed by law was administered to them by the Vice 
President; and they severally subscribed to the oath in the Official 
Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)
  The VICE PRESIDENT. The clerk will call the names of the next group 
of Senators.
  The legislative clerk called the names of Mr. Reed, Mr. Risch, Mr. 
Roberts, and Mr. Rockefeller.
  These Senators, escorted by Mr. Whitehouse, Mr. Crapo, Mr. Brownback, 
and Mr. Byrd, respectively, advanced to the desk of the Vice President; 
the oath prescribed by law was administered to them by the Vice 
President; and they severally subscribed to the oath in the Official 
Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)
  The VICE PRESIDENT. The clerk will call the names of the next group 
of Senators.
  The legislative clerk called the names of Mr. Sessions, Mrs. Shaheen, 
Mr. Udall of Colorado, and Mr. Udall of New Mexico.
  These Senators, escorted by Mr. Shelby, Mr. Gregg, Mr. Salazar, Mr. 
Domenici, and Mr. Bingaman, respectively, advanced to the desk of the 
Vice President; the oath prescribed by law was administered to them by 
the Vice President; and they severally subscribed to the oath in the 
Official Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)
  The VICE PRESIDENT. The clerk will call the names of the next group 
of Senators.
  The legislative clerk called the names of Mr. Warner and Mr. Wicker.
  These Senators, escorted by Mr. John Warner, Mr. Webb, and Mr. 
Cochran, respectively, advanced to the desk of the Vice President; the 
oath prescribed by law was administered to them by the Vice President; 
and they severally subscribed to the oath in the Official Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The VICE PRESIDENT. The majority leader is recognized.

                          ____________________




                              QUORUM CALL

  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The VICE PRESIDENT. The absence of a quorum having been suggested, 
the clerk will call the roll.
  The legislative clerk proceeded to call the roll and the following 
Senators entered the Chamber and answered to their names:

                          [Quorum No. 1 Leg.]

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennett
     Biden
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Cochran
     Collins
     Conrad
     Cornyn
     Crapo
     DeMint
     Dodd
     Dorgan
     Durbin

[[Page 42]]


     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson, Nebraska
     Nelson, Florida
     Pryor
     Reed, Rhode Island
     Reid, Nevada
     Risch
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall, Colorado
     Udall, New Mexico
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden
  The PRESIDING OFFICER (Mr. Tester). A quorum is present.

                          ____________________




                       LIST OF SENATORS BY STATES

                                ALABAMA

       Jeff Sessions and Richard C. Shelby

                                 ALASKA

       Mark Begich and Lisa Murkowski

                                ARIZONA

       Jon Kyl and John McCain

                                ARKANSAS

       Blanche L. Lincoln and Mark L. Pryor

                               CALIFORNIA

       Barbara Boxer and Dianne Feinstein

                                COLORADO

       Ken Salazar and Mark Udall

                              CONNECTICUT

       Christopher J. Dodd and Joseph I. Lieberman

                                DELAWARE

       Joe Biden and Thomas R. Carper

                                FLORIDA

       Mel Martinez and Bill Nelson

                                GEORGIA

       Saxby Chambliss and Johnny Isakson

                                 HAWAII

       Daniel K. Akaka and Daniel K. Inouye

                                 IDAHO

       Mike Crapo and James E. Risch

                                ILLINOIS

       Richard J. Durbin

                                INDIANA

       Evan Bayh and Richard G. Lugar

                                  IOWA

       Chuck Grassley and Tom Harkin

                                 KANSAS

       Sam Brownback and Pat Roberts

                                KENTUCKY

       Jim Bunning and Mitch McConnell

                               LOUISIANA

       Mary L. Landrieu and David Vitter

                                 MAINE

       Susan M. Collins and Olympia J. Snowe

                                MARYLAND

       Benjamin L. Cardin and Barbara A. Mikulski

                             MASSACHUSETTS

       Edward M. Kennedy and John F. Kerry

                                MICHIGAN

       Carl Levin and Debbie Stabenow

                               MINNESOTA

       Amy Klobuchar

                              MISSISSIPPI

       Thad Cochran and Roger F. Wicker

                                MISSOURI

       Christopher S. Bond and Claire McCaskill

                                MONTANA

       Max Baucus and Jon Tester

                                NEBRASKA

       Mike Johanns and E. Benjamin Nelson

                                 NEVADA

       John Ensign and Harry Reid

                             NEW HAMPSHIRE

       Judd Gregg and Jeanne Shaheen

                               NEW JERSEY

       Frank R. Lautenberg and Robert Menendez

                               NEW MEXICO

       Jeff Bingaman and Tom Udall

                                NEW YORK

       Hillary Rodham Clinton and Charles E. Schumer

                             NORTH CAROLINA

       Richard Burr and Kay R. Hagan

                              NORTH DAKOTA

       Kent Conrad and Byron L. Dorgan

                                  OHIO

       Sherrod Brown and George V. Voinovich

                                OKLAHOMA

       Tom Coburn and James M. Inhofe

                                 OREGON

       Jeff Merkley and Ron Wyden

                              PENNSYLVANIA

       Robert P. Casey, Jr., and Arlen Specter

                              RHODE ISLAND

       Jack Reed and Sheldon Whitehouse

                             SOUTH CAROLINA

       Jim DeMint and Lindsey Graham

                              SOUTH DAKOTA

       Tim Johnson and John Thune

                               TENNESSEE

       Lamar Alexander and Bob Corker

                                 TEXAS

       John Cornyn and Kay Bailey Hutchison

                                  UTAH

       Robert F. Bennett and Orrin Hatch

                                VERMONT

       Patrick J. Leahy and Bernard Sanders

                                VIRGINIA

       Mark R. Warner and Jim Webb

                               WASHINGTON

       Maria Cantwell and Patty Murray

                             WEST VIRGINIA

       Robert C. Byrd and John D. Rockefeller, IV

                               WISCONSIN

       Russell D. Feingold and Herb Kohl

                                WYOMING

       John Barrasso and Michael B. Enzi

                          ____________________




  INFORMING THE PRESIDENT OF THE UNITED STATES THAT A QUORUM OF EACH 
                           HOUSE IS ASSEMBLED

  Mr. REID. Mr. President, I have a resolution at the desk and I ask it 
now be considered.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       The resolution (S. Res. 1) informing the President of the 
     United States that a quorum of each House is assembled.

  The PRESIDING OFFICER. Without objection, the resolution is 
considered and agreed to.
  The resolution (S. Res. 1) was agreed to, as follows:

                               S. Res. 1

       Resolved, That a committee consisting of two Senators be 
     appointed to join such committee as may be appointed by the 
     House of Representatives to wait upon the President of the 
     United States and inform him that a quorum of each House is 
     assembled and that the Congress is ready to receive any 
     communication he may be pleased to make.

  Mr. REID. Mr. President, I move to reconsider the vote by which the 
resolution was agreed to, and it is my understanding my counterpart 
also has a motion to make.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________




 INFORMING THE HOUSE OF REPRESENTATIVES THAT A QUORUM OF THE SENATE IS 
                               ASSEMBLED

  Mr. REID. Mr. President, I have another resolution at the desk and I 
ask it now be considered.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 2) informing the House of 
     Representatives that a quorum of the Senate is assembled.

  The PRESIDING OFFICER. Without objection, the resolution is 
considered and agreed to.
  The resolution (S. Res. 2) was agreed to, as follows:

                               S. Res. 2

       Resolved, That the Secretary inform the House of 
     Representatives that a quorum of the Senate is assembled and 
     that the Senate is ready to proceed to business.

  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________




  SETTING THE DATE OF JANUARY 8, 2009, FOR THE COUNTING OF ELECTORAL 
                                 VOTES

  Mr. REID. Mr. President, I have a concurrent resolution at the desk 
and I ask it now be considered.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (S. Con. Res. 1) to provide for the 
     counting on January 8, 2009, of the electoral votes for 
     President and Vice President of the United States.

  The PRESIDING OFFICER. Without objection, the concurrent resolution 
is considered and agreed to.
  The concurrent resolution (S. Con. Res. 1) was agreed to, as follows:

[[Page 43]]



                             S. Con. Res. 1

       Resolved by the Senate (the House of Representatives 
     concurring), That the two Houses of Congress shall meet in 
     the Hall of the House of Representatives on Thursday, the 8th 
     day of January 2009, at 1 o'clock post meridian, pursuant to 
     the requirements of the Constitution and laws relating to the 
     election of President and Vice President of the United 
     States, and the President of the Senate shall be their 
     Presiding Officer; that two tellers shall be previously 
     appointed by the President of the Senate on the part of the 
     Senate and two by the Speaker on the part of the House of 
     Representatives, to whom shall be handed, as they are opened 
     by the President of the Senate, all the certificates and 
     papers purporting to be certificates of the electoral votes, 
     which certificates and papers shall be opened, presented, and 
     acted upon in the alphabetical order of the States, beginning 
     with the letter `A'; and said tellers, having then read the 
     same in the presence and hearing of the two Houses, shall 
     make a list of the votes as they shall appear from the said 
     certificates; and the votes having been ascertained and 
     counted in the manner and according to the rules by law 
     provided, the result of the same shall be delivered to the 
     President of the Senate, who shall thereupon announce the 
     state of the vote, which announcement shall be deemed a 
     sufficient declaration of the persons, if any, elected 
     President and Vice President of the United States, and, 
     together with a list of the votes, be entered on the Journals 
     of the two Houses.

  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________




 EXTENDING THE LIFE OF THE JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL 
                               CEREMONIES

  Mr. REID. Mr. President, I have another concurrent resolution at the 
desk and I ask it now be considered.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (S. Con. Res. 2) extending the life 
     of the Joint Congressional Committee on Inaugural Ceremonies.

  The PRESIDING OFFICER. Without objection, the concurrent resolution 
is considered and agreed to.
  The concurrent resolution (S. Con. Res. 2) was agreed to, as follows:

                             S. Con. Res. 2

       Resolved by the Senate (the House of Representatives 
     concurring), That effective from January 6, 2009, the joint 
     committee created by Senate Concurrent Resolution 67 (110th 
     Congress), to make the necessary arrangements for the 
     inauguration, is hereby continued with the same power and 
     authority provided for in that resolution.
       Sec. 2. Effective from January 6, 2009, the provisions of 
     Senate Concurrent Resolution 68 (110th Congress), to 
     authorize the rotunda of the United States Capitol to be used 
     in connection with the proceedings and ceremonies for the 
     inauguration of the President-elect and the Vice President-
     elect of the United States, are continued with the same power 
     and authority provided for in that resolution.

  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________




           FIXING THE HOUR OF THE DAILY MEETING OF THE SENATE

  Mr. REID. Mr. President, I have a resolution at the desk and I ask it 
be considered.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 3) fixing the hour of daily meeting 
     of the Senate.

  The PRESIDING OFFICER. Without objection, the resolution is 
considered and agreed to.
  The resolution (S. Res. 3) was agreed to, as follows:

                               S. Res. 3

       Resolved, That the daily meeting of the Senate be 12 
     o'clock meridian unless otherwise ordered.

  Mr. REID. I move to reconsider the vote.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________




                      UNANIMOUS CONSENT AGREEMENT

  Mr. REID. Mr. President, I send to the desk en bloc 12 unanimous 
consent requests and I ask for their immediate consideration en bloc; 
that the requests be agreed to en bloc, that the motion to reconsider 
the adoption of these requests be laid upon the table and that they 
appear separately in the record.
  Before the Chair rules, I would like to point out these requests are 
routine, done at the beginning of each new Congress, and they entail 
issues such as authority for the Committee on Standards of Official 
Conduct to meet, authorizing the Secretary to receive reports at the 
desk, establishing leader time each day, and floor privileges for House 
Parliamentarians.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The requests read as follows:

       Mr. President, I ask unanimous consent that for the 
     duration of the 111th Congress, the Ethics Committee be 
     authorized to meet during the session of the Senate.
       Mr. President, I ask unanimous consent that for the 
     duration of the 111th Congress, there be a limitation of 15 
     minutes each upon any roll call vote, with the warning signal 
     to be sounded at the midway point, beginning at the last 7\1/
     2\ minutes, and when roll call votes are of 10-minute 
     duration, the warning signal be sounded at the beginning of 
     the last 7\1/2\ minutes.
       Mr. President, I ask unanimous consent that during the 
     111th Congress, it be in order for the Secretary of the 
     Senate to receive reports at the desk when presented by a 
     Senator at any time during the day of the session of the 
     Senate.
       Mr. President, I ask unanimous consent that the majority 
     and minority leaders may daily have up to 10 minutes each on 
     each calendar day following the prayer and disposition of the 
     reading of, or the approval of, the Journal.
       Mr. President, I ask unanimous consent that the 
     Parliamentarian of the House of Representatives and his five 
     assistants be given the privileges of the floor during the 
     111th Congress.
       Mr. President, I ask unanimous consent that, 
     notwithstanding the provisions of rule XXVIII, conference 
     reports and statements accompanying them not be printed as 
     Senate reports when such conference reports and statements 
     have been printed as a House report unless specific request 
     is made in the Senate in each instance to have such a report 
     printed.
       Mr. President, I ask unanimous consent that the Committee 
     on Appropriations be authorized during the 111th Congress to 
     file reports during adjournments or recesses of the Senate on 
     appropriations bills, including joint resolutions, together 
     with any accompanying notices of motions to suspend rule XVI, 
     pursuant to rule V, for the purpose of offering certain 
     amendments to such bills or joint resolutions, which proposed 
     amendments shall be printed.
       Mr. President, I ask unanimous consent that, for the 
     duration of the 111th Congress, the Secretary of the Senate 
     be authorized to make technical and clerical corrections in 
     the engrossments of all Senate-passed bills and resolutions, 
     Senate amendments to House bills and resolutions, Senate 
     amendments to House amendments to Senate bills and 
     resolutions, and Senate amendments to House amendments to 
     Senate amendments to House bills or resolutions.
       Mr. President, I ask unanimous consent that for the 
     duration of the 111th Congress, when the Senate is in recess 
     or adjournment, the Secretary of the Senate is authorized to 
     receive messages from the President of the United States, 
     and--with the exception of House bills, joint resolutions and 
     concurrent resolutions--messages from the House of 
     Representatives; and that they be appropriately referred; and 
     that the President of the Senate, the President pro tempore, 
     and the Acting President pro tempore be authorized to sign 
     duly enrolled bills and joint resolutions.
       Mr. President, I ask unanimous consent that for the 
     duration of the 111th Congress, Senators be allowed to leave 
     at the desk with the Journal Clerk the names of two staff 
     members who will be granted the privilege of the floor during 
     the consideration of the specific matter noted, and that the 
     Sergeant-at-Arms be instructed to rotate such staff members 
     as space allows.
       Mr. President, I ask unanimous consent that for the 
     duration of the 111th Congress, it be in order to refer 
     treaties and nominations on the day when they are received 
     from the President, even when the Senate has no executive 
     session that day.
       Mr. President, I ask unanimous consent that for the 
     duration of the 111th Congress, Senators may be allowed to 
     bring to the desk bills, joint resolutions, concurrent 
     resolutions, and simple resolutions, for referral to 
     appropriate committees.

[[Page 44]]



                          ____________________




                           ORDER OF BUSINESS

  Mr. REID. Mr. President, I now have some brief remarks I am going to 
make of about 10 minutes. It is my understanding the Republican leader 
is going to give some remarks at a later time today, and I would notify 
all Senators we are going to be in a period of morning business, with 
Senators allowed to speak for up to 10 minutes each. I welcome my 
distinguished colleague back publicly, as I have privately, and 
congratulate him on his election. He ran a very spirited, strong 
election, and I look forward to--and I will address this in my 
remarks--our work during this next Congress.

                          ____________________




                            MORNING BUSINESS

  Mr. REID. Mr. President, I ask unanimous consent that we proceed now 
to a period of morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                              APPOINTMENTS

  The PRESIDING OFFICER. Pursuant to S. Res. 1, the Chair appoints the 
Senator from Nevada, Mr. Reid, and the Senator from Kentucky, Mr. 
McConnell, as a committee to join the committee on the part of the 
House of Representatives to wait upon the President of the United 
States and inform him that a quorum is assembled and that the Congress 
is ready to receive any communication he may be pleased to make.
  The Chair appoints the Senator from California, Mrs. Feinstein, and 
the Senator from Utah, Mr. Bennett, as tellers on the part of the 
Senate to count electoral votes.
  Mr. REID. Mr. President, are we now in a period of morning business?
  The PRESIDING OFFICER. Yes, we are.

                          ____________________




                      WELCOMING THE 111TH CONGRESS

  Mr. REID. Mr. President, on the Fourth of July of the year 1851, the 
legendary statesman Daniel Webster, himself a former Senator, laid the 
cornerstone for the Senate Chamber where we now gather. He said:

       Be it known that on this day the Union of the United States 
     of America stands firm.

  Today marks the 150th year that this Chamber has housed the Senate of 
the United States.
  When Vice President John Breckinridge gaveled the 34th Congress open 
in this Chamber in 1859, our Republic had a population of one-tenth 
what it is today. There were just 64 Senators. Each Senator enjoyed a 
little more leg room, and that is an understatement. Many of these 
desks we see behind me, and behind the Republican leader, are from the 
original Senators of this country. They are real old. This Chamber, for 
150 years, has served as the primary working space for most Members. 
The first session held here 150 years ago began as it did today, with 
the Vice President of the United States administering the oath of 
office to new Members.
  Today, nine new Senators joined what many have said, and I agree, is 
the greatest deliberative body the world has ever known--certainly the 
greatest legislative body. So I extend my warmest welcome and 
congratulations to Senator Mark Udall of Colorado, Senator Tom Udall of 
New Mexico, Senator Mike Johanns of Nebraska, Senator Jeanne Shaheen of 
New Hampshire, Senator Mark Warner of Virginia, Senator Jim Risch of 
Idaho, Senator Kay Hagan of North Carolina, Senator Jeff Merkley of 
Oregon, and Senator Mark Begich of Alaska.
  To the profound challenges we face, these nine men and women bring 
vast judgment and experience at all levels of Government and public 
service. I am confident every one of them will serve their States and 
our Nation with distinction and pride.
  It was just 2 years ago this inaugural day of Congress that we 
heralded a new majority for Democrats in both the Senate and House of 
Representatives, but in the Senate that was a very tenuous majority. We 
began with 51, but Tim Johnson became very ill and the crowded 
Democratic primary field left us oftentimes short of an outright 
majority and far short of the 60 votes needed to prevent filibusters 
and pass legislation. Although we made substantial progress in the 
110th Congress, partisanship with divided Government too often ruled 
the day.
  I have said from the day the election was over, we are looking 
forward. We are not going to be concerned about the previous 8 years, 
we are concerned about the next 8 years. Since 2006, we Democrats have 
received a net gain of 14 Senate seats, 45 to 59. Just 2 weeks from 
today, Barack Obama will become the 44th President of the United 
States. We are ready to answer the call of the American people by 
putting the past 8 years behind us and delivering the change our 
country desperately needs.
  We are grateful to begin anew with a far more robust Democratic 
majority. But both parties learned an important lesson over the past 2 
years: When we allow ourselves to retreat into the tired, well-worn 
trenches of partisanship, when we fail to reach for common ground, when 
we are unable, in the words of President-elect Obama, to disagree 
without being disagreeable, we diminish our ability to accomplish real 
change.
  To my Republican counterpart, Senator McConnell, and all Republican 
colleagues, a number of whom I have called and personally visited with, 
I say to them: With American troops fighting two wars overseas, we are 
together in all of this. With the American people suffering a 
staggering economic crisis here at home, we are in this together. With 
the middle class struggling to make one paycheck last until the next 
one, we are in the middle of this together. With health care, college 
tuition, and retirement more expensive and harder to reach than ever, 
we are in this together. With our climate in crisis and energy prices 
rising and falling unpredictably, we are in this together.
  Some may fear the depth of the challenges we face, but I remind them 
that adversity is no stranger to this Chamber or to our country. In 
America and in this Chamber, we have never failed to persevere and 
ultimately to prosper. In this Chamber, our Union came unraveled and 
was mended, great wars were declared and peace has been celebrated. 
Here, our most fundamental freedoms were challenged, upheld, and 
expanded. In this Chamber for 150 years we have watched things happen.
  In more recent years, we watched the passing of the New Deal by 
Roosevelt, Truman's Fair Deal, Kennedy's Great Frontier, and Johnson's 
Great Society. Over these many years, we have outlawed child labor, 
brought electricity to the western frontier, and ensured a college 
education for those who serve in uniform.
  I had the opportunity yesterday to go to the funeral of Claiborne 
Pell, a man of wealth, a patrician, a man who went to the finest 
schools in America but dedicated his life to public service so that 
other people who were not in his situation could be educated. That is 
where the Pell grants came from--Claiborne Pell, a very aristocratic 
man who devoted his life to public service.
  We have done those things right here in this Chamber. Of course, we 
passed, after long, hard struggles and much anxiety, the Civil Rights 
and Voting Rights acts.
  There is no question that the challenges ahead of us are staggering. 
I do not think anyone would disagree. But I am confident that if we 
renew, in this body, our commitment to bipartisanship, the 111th 
Congress will be a tremendous success.
  Just a short way from here yesterday afternoon--and I don't remember 
the exact time, 3 o'clock or something like that, or 3:30--we had a 
bipartisan meeting of the leadership of the House and Senate. It was a 
wonderful meeting, with an exchange of ideas. The President-elect was 
here. I was very impressed. I heard Senator McConnell say to him: There 
are some things I need to talk to you about. Senator Obama said to him, 
when the meeting broke up: Let's talk now. I assume they talked 
sometime in the next little bit. But that is what we need: the ability 
to talk to each other.

[[Page 45]]

  There is no script that can be written where Senator McConnell and I 
will agree on everything that happens here. But there is a script being 
written today that says that even though we disagree on things that 
take place in this body, we can do it in a way that is constructive and 
works toward the good of our country. The State of Kentucky is much 
different from the State of Nevada--they are two different States. That 
was the genius of our Founding Fathers, that this Senate, which came 
about by reason of the Great Compromise in 1787 in Philadelphia, has 
allowed people to work together. Even though the State of Kentucky has 
more people than the State of Nevada and the State of California has 
more people than the State of Nevada, the State of Nevada has as much 
power in the Senate as Kentucky and California.
  I have confidence we can work together. I am convinced that Senator 
McConnell and I--our critics and the press can call us a lot of names 
and make suggestions, but one thing they cannot say about us is we are 
not experienced. We have been through a lot of political wars. We are 
ready to take on whatever wars face us.
  I say to my friend, Senator McConnell, I have every confidence we 
will be able to move this country forward.
  We need to have the 111th Congress a tremendous success, and we can 
do that. In the coming days, my fellow Democrats and I will introduce 
our priorities for this Congress. It happens every Congress. My 
colleagues on the other side of the aisle will introduce their 
legislative priorities. We look forward to developing dialog between 
the two sides of the aisle to see if we can meet somewhere in the 
middle.
  This day marks not just the 150th year of this Chamber but also the 
50th year of the service of Senator Robert Byrd of West Virginia. For 
50 years he has been a Senator, but he has been a Member of Congress 
for 56 years because he served in the House before he came here. It is 
no secret, when it comes to reverence for the Senate, we have all 
learned a lot--I have learned a lot--from President Byrd's love of this 
body. I also have learned a lot from Senator Byrd of his desire for all 
Americans to appreciate that little document we call our Constitution. 
So on this the 50th anniversary of Senator Byrd's service, I express 
publicly my affection and admiration for this good man and wish him 
well in this Congress.
  For our nine new Members sworn today and for all Americans, I offer a 
few of Senator Byrd's words which he delivered to a meeting of new 
Senators about 12 years ago, when he said:

       After 200 years, [the Senate] is still the anchor of the 
     Republic, the morning and evening star in the American 
     constitutional constellation.
       It has weathered the storms of adversity, withstood the 
     barbs of cynics and attacks of critics. It has provided 
     stability and strength for the nation during periods of civil 
     strife and uncertainty, panics and depressions.
       In war and peace, it has been the sure refuge and protector 
     of the rights of states and of a political minority. And, 
     today, the Senate still stands--the great forum of 
     constitutional American liberty.

  So said Senator Byrd 12 years ago.
  Today is a new chapter in history. It begins today. Each of us has 
the honor of taking part in it in some way. We here in the Senate have 
the ability to help write that history.
  As the work starts, the words of Daniel Webster return to mind: ``Be 
it known that on this day the Union of the United States of America 
stands firm.'' I believe that.
  I have just a few other brief remarks.
  As my colleagues are aware, two Democratic U.S. Senate seats--one 
from Illinois and the other from Minnesota--are currently vacant. I 
will briefly address these two unusual circumstances because of the 
inquiries we have all had.
  First, the Illinois seat left vacant by President-elect Barack Obama. 
Although I do not know Mr. Burris personally--I hope to meet him in the 
next few days--he has served the State of Illinois in elective office 
over many years. Mr. Burris and his advisers were welcomed to the 
Capitol this morning by Sergeant at Arms Terry Gainer, who was chief of 
police in Chicago, so they have known each other for a long time. They 
then had a gracious meeting with the Secretary of the Senate, Nancy 
Erickson, and Senate Parliamentarian Alan Frumin, who informed them 
that Mr. Burris is not in possession of the necessary credentials from 
the State of Illinois. A court case in Illinois is pending to determine 
whether Secretary of State Jesse White is obligated to sign this 
certification. We are awaiting that court decision. If Mr. Burris takes 
possession of valid credentials, the Senate will proceed in a manner 
that is respectful to Mr. Burris while ensuring there is no cloud of 
doubt over the appointment to fill this seat.
  I also understand that Mr. Burris will likely give testimony to the 
Illinois State Assembly impeachment proceedings in the next few days, 
these proceedings pending against Governor Blagojevich. We await that 
proceeding as Senators as well.
  As to Minnesota, I know a little bit about close elections. I am only 
going to talk about two of them because I have had a number of them. I 
lost one by 524 votes. It was a statewide election for the Senate. That 
was traumatic, to lose that race to Paul Laxalt, one of the historic 
Senators from Nevada--but of course for this country because of his 
very close personal relationship with President Reagan. Paul Laxalt and 
I are close personal friends, but I lost that vote by 524. We went 
through a recount. I didn't file any lawsuits. There were no 
challenges. As hard as it was--and it was hard because that is really 
the first thing I had ever lost--I lost the race. All over the country, 
Democrats were winning these Senate seats and I lost in Nevada, but I 
had to give up because I had no chance of winning.
  I won the second by 428 votes. One reason John Ensign and I are 
soulmates is because our politics are so different, but our friendship 
is as good as it gets. That was a tough election, a bitter election 
that John Ensign and I went through. We had a recount in Nevada that 
was ongoing. John Ensign made a decision that it was a waste of time; I 
can't win the election. Before the recount was completed, John Ensign 
called me--I was having dinner with my wife--and said: You are going to 
be the next Senator. I thought when he made that phone call, gee, this 
is some kind of good guy. I didn't handle my loss nearly as well as he 
did. I remember that.
  Anyway, John Ensign filed no challenges, didn't complete the recount, 
there were no lawsuits. And John Ensign is now a Member of the Senate. 
I am fortunate to have a number of good friends, but, boy, he is a 
friend, and I think if you ask him he would say the same.
  So I say to my friend Norm Coleman, watch what I have said and watch 
what has taken place in the past. The Senate race in Minnesota was very 
close. It was very, very close--one of the closest in history. The 
bipartisan State Canvassing Board and Minnesota's election officials 
have done an exemplary job in handling the recount. There were no 
allegations of partisanship or unfairness from either side that I am 
aware of, and I followed it every day for 6 weeks.
  Even close elections, though, have winners. I can testify to that. 
After all votes have been fairly counted, Al Franken is certified as 
the winner by the State Canvassing Board, and he is the Senator-elect 
from Minnesota. Democrats will not seek to seat Senator-elect Franken 
today. We understand the sensitivity on both sides to an election this 
close.
  This is a difficult time for former Senator Coleman and his family. I 
acknowledge that. He is entitled to the opportunity to proceed however 
he feels appropriate. But for someone who has been in the trenches on a 
number of these elections, graciously conceding, as his friend John 
Ensign did, would be the right step. This can't drag on forever, and I 
understand that. I hope former Senator Coleman and all our Republican 
colleagues will choose to respect the will of the people of Minnesota. 
They have chosen a new Senator, Al Franken, and his term must begin and 
will begin soon.
  I repeat, I look forward to this year, hoping that next year at this 
time we

[[Page 46]]

will be here talking about many things we have been able to accomplish.
  As I have said on this floor, if we accomplish things, there is 
credit to go around to everyone. If we do not accomplish anything, 
there is blame to go around to everyone. That is not where I want to 
be.

                          ____________________




                        EXECUTIVE COMMUNICATION

  The Presiding Officer laid before the Senate the following 
communication:

       A communication from the Director of the Federal Register, 
     National Archives, transmitting, pursuant to law, a report 
     relative to the Certificates of Ascertainment of the electors 
     of the President and Vice President of the United States.

  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Lieberman, pertaining to the introduction of S. 
160, are printed in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Mr. LIEBERMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       TRIBUTE TO CLAIBORNE PELL

  Mr. ALEXANDER. Mr. President, on January 1, Claiborne Pell died. 
Claiborne Pell was a Senator from Rhode Island, the longest serving 
Senator from that State, a Senator whose name is known by most college 
students and by most people who care about education in America because 
he was largely responsible for helping to create in 1973 what we now 
call the Pell grant, a Federal scholarship that follows students to the 
college of their choice. It was originally called the Basic Educational 
Opportunity Grant, but Pell grant is a lot easier to say. It is a 
remarkable success in our country. He deserves to be remembered for 
that success.
  I knew him as a staff member when I came here with Senator Howard 
Baker, who was here just a few hours ago as we were sworn in. That was 
42 years ago. I knew him as Education Secretary in 1991 and 1992.
  The American higher education system is, at a time when we worry 
about some of our institutions, one of our great secret weapons in 
America, one of our great strengths. One reason for that is because of 
Federal grants and loans.
  It all started not with the Pell grant but just at the end of World 
War II with the GI bill for veterans. It was a college scholarship. 
Actually, it was an educational scholarship the veterans could spend 
wherever they wished, and the ``wherever they wished'' point is the 
important point because many of those men and some women who came back 
from World War II used their GI bill money to go to high school. Some 
used it to go to college in other countries of the world.
  No one said you can't go to the University of Delaware or you must go 
to Notre Dame or you can't go to Brown University or you can't go to a 
Historically Black College. The GI bill for veterans followed the 
student to the college of that student's choice.
  It was not universally popular. The president of the University of 
Chicago, Mr. Hutchins, said at the time that it would create a campus 
full of hobos because college at that time was for a very limited 
number of Americans.
  At the end of World War II, only 5 percent of Americans 25 and older 
had completed at least 4 years of college. But today, according to the 
most recent figures, that figure is six times that. Nearly 30 percent 
of Americans have completed 4 years of college.
  First, the GI bill after World War II, then the Pell grant in 1973, 
then the various loans the Federal Government allows for students. So 
today, 60 percent of the men and women who go to American colleges and 
universities have a Federal grant or Federal loan to help them pay for 
college.
  It is never easy to afford college. The average tuition at a 4-year 
private school is about $25,000 today, and you add to that your living 
expenses. It is important to remember that an average tuition at a 4-
year public university is about $6,500, and the average tuition and 
fees for community colleges is $2,400.
  So Senator Pell, by his leadership and his work as chairman of the 
Education Subcommittee of our Health, Education, and Labor Committee, 
helped add to the legacy of the GI bill for veterans and helped make it 
possible for so many Americans to go to college.
  I wish to conclude my remarks and honor Senator Pell with a thought 
about our future. I have always wondered why if the Pell grant was such 
a good idea for colleges, why don't we try it for kindergarten through 
the 12th grade.
  We seem to overlook the fact that American students can choose their 
college and the money follows the student to the college. It might be 
Nashville Auto Diesel College. It might be Harvard University. But we 
don't give the money to the school, we give it to the student to decide 
where to go. That was a happy accident that happened with the GI bill, 
and it was a happy accident that happened in 1973.
  I remember saying to one distinguished Member of this body: You know, 
the Pell grant is a voucher.
  This Senator recoiled from that and said: I am opposed to vouchers.
  I said: But you are not opposed to the Pell grant, are you?
  And she said: Well, no, that is different.
  I would argue that is not different at all. What we have done in 
kindergarten to 12th grade is give the money directly to institutions, 
and we, in that sense, create local educational monopolies and limit 
the amount of competition in choice.
  We can look at our experience with higher education and see how it is 
generally considered to be by far the best in the world. We not only 
have the best colleges and universities in the world, we have almost 
all of them. Then we look at our system of kindergarten through the 
12th grade.
  The Presiding Officer has been Governor of his State. He worked hard 
on charter schools. We have all tried many different ideas to try to 
improve kindergarten through 12th grade, but we have never quite seemed 
to be able to make it as effective as our success with higher 
education.
  That is why in 2004 I suggested on the Senate floor that we try the 
idea of a Pell grant for kids. I ask unanimous consent to have printed 
in the Record following my remarks the remarks I made on the Senate 
floor on May 17, 2004, about Pell grants for kids.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. ALEXANDER. Mr. President, to summarize them, they were simply 
this: Why not look to the example of our higher education system and 
try it with kindergarten through the 12th grade? The Pell grants for 
kids I proposed was to give every single child from a middle- or low-
income family a $500 scholarship that would follow them to the school 
or other accredited academic program of their choice. These would be 
new Federal dollars so no district would see its share of money from 
Washington cut, and it would give less wealthy families many of the 
same choices that families with money already have.
  As one example, across our country we see art and music lessons cut 
in schools. As budgets get tight, they are the first things that are 
cut. The kids who go to the schools from the areas that have less money 
from property taxes and less money from sales taxes are not able to 
have the art and music courses. If they had a $500 Pell grant for kids, 
they might take it to an afterschool program for art or afterschool

[[Page 47]]

program for music, or the parents might get together and go to the 
school the children attend and say: Look, there are 20 of us with these 
$500 Pell grants. We will all come here if you hire an art teacher part 
time or a music teacher part time. It would give parents some consumer 
power, it would give children opportunities, and it would give schools 
with less money more money.
  This is an idea I hope we can seriously consider as we look ahead to 
the future of American public education. We should recognize that there 
are a great many school districts with children who have less money and 
less of a tax base than others and that we have had a wonderful example 
with the GI bill for veterans and with Pell grants in colleges and 
universities.
  So why not try it in a limited way to see if it would help improve 
opportunity and education in kindergarten through the 12th grade as it 
has in college.
  My main purpose today is to honor Claiborne Pell. He served 36 years 
with distinction. He contributed greatly to the opportunities of 
education in America. He did it with dignity, and he did it with 
intelligence. We respect him, we miss him, and we honor his legacy.
  I yield the floor.

                               Exhibit 1

       A half century after Brown v. Board of Education, education 
     on equal terms still eludes too many African-American school 
     children. Secretary of Education Rod Paige has called 
     America's persistent racial achievement gap ``the civil 
     rights issue of our time.''
       By the 12th grade, only one in six black students and one 
     in five Hispanic students are reading at grade level. Math 
     scores are equally disturbing. Only 3 percent of blacks and 4 
     percent of Hispanics test at proficient levels by their 
     senior year. By another standard, about 60 percent of 
     African-American children read at or below basic level at the 
     end of the 4th grade, while 75 percent of white students read 
     at basic or above at the end of the 4th grade.
       There is still a huge achievement gap among African-
     American children and white children. The No Child Left 
     Behind Act's system of standards and accountability is 
     creating a foundation for closing the gap. But funding 
     disparities between rich and poor--too often minority 
     children attend poorer schools--school districts remain a 
     stubborn contributor to inequality. Between 1996 and 2000, 
     poor students fell further behind their wealthier peers in 
     seven out of nine key indicators, including reading, math and 
     science.
       These outcomes cry out for a different model, one that 
     helps address funding and equality without raising property 
     taxes; that introduces entrepreneurship and choice into a 
     system of monopolies; and that offers school districts more 
     federal dollars to implement the requirements of No Child 
     Left Behind with fewer strings--in other words, more federal 
     dollars, fewer federal strings, and more parental say over 
     how the federal dollars are spent.
       Does this sound too good to be true? I would suggest it is 
     not.
       Look no further than our nation's best-in-the-world higher 
     educational system. There we find the Pell grant program, 
     which has diversified and strengthened America's colleges and 
     universities by applying the principles of autonomy and 
     competition. This year, $13 billion in Pell grants and work 
     study and $42 billion in student loans will follow America's 
     students to the colleges of their choice. This is in sharp 
     contrast to the local monopolies we have created in 
     kindergarten through the 12th grade education, where dollars 
     flow directly to schools with little or no say from parents.
       That is why I am proposing Pell Grants for Kids, an annual 
     $500 scholarship that would follow every middle- and low-
     income child to the school or other accredited academic 
     program of his or her parent's choosing. These are new 
     federal dollars, so no district would see a cut in its share 
     of Washington's $35 billion annual appropriations for K-12, 
     and increases in funding for students with disabilities would 
     continue. Armed with new purchasing power, parents could 
     directly support their school's priorities, or they could pay 
     for tutoring, for lessons and other services in the private 
     market. Parents in affluent school districts do this all the 
     time.
       Pell Grants for Kids would give less wealthy families the 
     same opportunities--an example is the Holiday family in 
     Nashville, Tennessee.
       Raymon Holiday is a 6th grader who recently won the 
     American Lung Association of Tennessee's clean air poster 
     contest. I was there when he won the 10-speed bicycle you get 
     for winning this poster competition. I met his father, an art 
     major, and his grandfather, a retired art teacher. They told 
     me his great-grandfather was a musician. So you can see where 
     Raymon Holiday gets his instincts. His grandfather, the 
     retired art teacher, lamented to me that art classes are 
     usually the first to go when school budgets are cut. With 
     Pell Grants for Kids, in a typical middle school of 600 
     students, Raymon might be one of 500 middle- or low-income 
     students who qualify to receive a $500 Pell grant. His middle 
     school would see a $250,000 increase in funding. Raymon would 
     be assured of art lessons.
       The Pell grant model also encourages great American 
     entrepreneurship. Enterprising principals, like Raymon's 
     principal, might design programs to attract parental 
     investment: advanced math classes, writing workshops, after 
     school programs, English lessons--whatever is lacking due to 
     funding constraints.
       Surveys continue to show that while Americans are concerned 
     with the state of public education, most support their own 
     child's public school.
       Herman Smith, superintendent of schools in Bryan, Texas, 
     would welcome the $6 million that would accompany 13,500 
     eligible Bryan students--90 percent of his district. Bryan is 
     right next door to College Station, home of Texas A&M where, 
     according to Smith, their budget cuts are larger than Bryan 
     dreams of spending for new programs and personnel. Property 
     values there are double those in Bryan, as is the per-pupil 
     expenditure. Not surprisingly, Bryan's population is almost 
     half African-American or Latino, while College Station is 
     three-quarters white.
       With 30 million American school children eligible for Pell 
     Grants for Kids, my fellow fiscal conservatives are probably 
     raising an eyebrow. But please listen. Every year, Congress 
     appropriates increases in funding for kindergarten through 
     the 12th grade. What I am offering here is a plan to earmark 
     most of these new dollars--aside from increases in spending 
     for children with disabilities--for parents to spend on 
     educational programs of their choice. Otherwise, we will 
     continue to invest in the same bureaucracies that have 
     disappointed poor and minority families for too long.
       Pell Grants for Kids could be implemented gradually, 
     starting with kindergarten and 1st grade at an initial cost 
     of $2.5 billion. If the program had been in place during 
     President Bush's first two years in office, the extra $4.5 
     billion spent on K-12 education--again, not counting another 
     $3 billion for children with disabilities--would have created 
     $500 scholarships for all nine million middle- and low-income 
     students through the 3rd grade.
       We have had 50 years to deliver an American education on 
     equal terms to all students. But a baffling commitment to the 
     status quo has prevented us from living up to Brown's noble 
     legacy. This anniversary presents the perfect opportunity to 
     inaugurate a new era, one that uses the strategy that helped 
     to create the best colleges to help create the best schools. 
     Let us start with Pell Grants for Kids and move on from there 
     ``with all deliberate speed.''
       I would like to make several additional remarks about Pell 
     Grants for Kids.
       As I mentioned, the idea is a pretty simple one--
     significantly new federal dollars, fewer federal strings, and 
     more say by parents about how the money is spent.
       To give you an idea of how much money that would be, I have 
     taken a quick look at my home state of Tennessee. Tennessee 
     has 938,000 students in kindergarten through the 12th grade. 
     Pell Grants for Kids would be eligible to all those students 
     who are from families below the state median income. The 
     state median income for a family of four in Tennessee is 
     about $56,000. So for families who have an income of $56,000 
     or below, each of their children would have a $500 
     scholarship that would follow that child to the school or 
     other approved academic program of his or her parents' 
     choice.
       In June I hope to introduce a piece of legislation, 
     hopefully with a bipartisan group of senators. In July, Sen. 
     Gregg and I have already discussed a hearing, which we will 
     have in the Health, Education, Labor, and Pensions Committee. 
     And then perhaps next year, the President of the United 
     States might want to make this a part of his budget.
       I believe it is time in this country to recognize we need 
     to give poor and middle-income parents more of the same 
     choices of educational opportunities wealthier families have 
     and that we may be able to do this without harming our public 
     schools. We have had, since World War II, scholarships that 
     have followed students to the educational institutions of 
     their choice, and they have done nothing but help to create 
     opportunity and create the best system of colleges and 
     universities in the world. I think we ought to use the same 
     idea to try to create the best schools in the world.
       We estimate about 60 percent of all of Tennessee students 
     would be eligible for a $500 Pell grant. In some of the rural 
     counties where there are a great many poor children, it might 
     be 90 percent of the students. In other places--such as 
     Davidson County, Maryville, and Oak Ridge--it might be a 
     smaller percentage.
       But all in all, there should be about 562,000 students in 
     Tennessee who would be eligible. This would bring an 
     additional $281 million to Tennessee for K-12 education, and 
     parents would have a say over how that money is spent.

[[Page 48]]

       Often when this issue comes up and we talk about spending 
     more federal dollars for local schools, the senators on my 
     side of the aisle get a little hot under the collar. We do 
     not want to spend any more federal money for local schools. 
     On the other hand, when we say let's give the parents more 
     say on how the money is spent, the collars get a little hot 
     on the other side of the aisle because they are reluctant to 
     give parents more choice.
       This is a conflict of principles. It is the principle of 
     equal opportunity--giving parents more choices. But there is 
     another valid principle on the other side. It is called ``e 
     pluribus unum.'' We have public schools, common schools, to 
     teach our common culture, and we do not want to harm them. It 
     is a proper debate in this body to say--let's ask questions, 
     if we are giving parents more say, more choices. Will that 
     harm our common schools? And there is a proper way to ask in 
     this Senate: Can we wisely spend that much more money? This 
     is quite a bit more money.
       Fully funded, Pell Grants for Kids programs would cost $15 
     billion in new federal dollars a year. It would add about 
     $500 to the $600 we now spend on each of the children in 
     America today from the federal government. Only about 7 or 8 
     percent of the dollars we spend on children comes from the 
     federal government. So it would be about a 70 percent 
     increase in federal funding for every middle- or low-income 
     child fully funded.
       We are proposing to do this over a long period of time. 
     Basically, to add to the new money that we would appropriate 
     every year for K-12 and give most of that to Pell Grants for 
     Kids. This would create more equality in funding for poor 
     districts. It would especially help African-American and 
     minority kids. It would provide extra dollars to implement 
     the standards of No Child Left Behind, and it would introduce 
     for the first time into our K-12 system the principle that 
     has created the best colleges in the world--the idea of 
     letting money follow students to the institution of their 
     choice.
       Over the next several weeks, I will be discussing this with 
     individual senators. I have not prepared a piece of 
     legislation yet because I don't want to stand up and say: 
     here it is, take it or leave it. Let's say one team says no 
     choice and one team says no money, then we are back where we 
     were. I am looking for ways to advance the debate.
       I don't believe we are going to be spending much more money 
     through the federal government in the same way we are doing 
     it today. A lot of senators, and I am one of them, do not 
     want to spend more federal dollars through programs that have 
     lots of federal controls. We have seen the limit of command 
     and control from Washington, D.C., with No Child Left Behind. 
     That program will work. But I don't believe we can expect to 
     give many more orders from Washington to make schools in 
     Schenectady, Nashville, and Anniston, Alabama and Sacramento, 
     better. That has to happen in local communities.
       The right strategy is significantly new federal dollars 
     with fewer federal strings and more parental say about how 
     those dollars are spent. This does not have to be a 
     Republican versus Democrat idea. I am not the author of this 
     idea.
       In 1947, the G.I. bill for Veterans was enacted. Since that 
     time, federal dollars have followed students to the colleges 
     of their choice. Today, 60 percent of America's college 
     students have a federal grant or loan that follows them to 
     the college of their choice.
       When I was president of the University of Tennessee, it 
     never occurred to me to say to the Congress: I hope you do 
     not appropriate any money for children to go to Howard 
     University or Notre Dame or Brigham Young or Vanderbilt or 
     Morehouse or the University of Alabama. We give people 
     choices. Or put it another way, in my neck of the woods, what 
     if we told everyone where they had to go to college? What if 
     we said, Sen. Sessions, you have to go to the University of 
     Tennessee. We said to young Lamar Alexander: You have to go 
     to University of Alabama. Civil wars have been fought over 
     such things.
       That is exactly what we do in K-12. We give people choice 
     and have created the best colleges in the world. We give them 
     no choices, and we have schools that we wish were better. So 
     the idea would be to try what worked for colleges here in K-
     12.
       I said I was not the only one to think of this. There was 
     the G.I. bill for Veterans--that was bipartisan--after World 
     War II; maybe the best piece of social legislation we ever 
     passed in the history of our country.
       In 1968, Ted Sizer, perhaps the most renowned educator in 
     America today, proposed a poor children's Bill of Rights: 
     $5,000 for every poor child to go to any school of his or her 
     choice, an LBJ power-of-the-people, liberal, Democratic idea 
     at the time. In 1970, President Nixon proposed, basically, 
     giving grants to poor children to choose among all schools. 
     The man who wrote that speech for President Nixon was a man 
     named Pat Moynihan. He was a U.S. Senator. In 1979, he and 
     Sen. Ribicoff, two Democrats, introduced essentially exactly 
     the idea I am proposing today. In fact, in 1979 Sens. 
     Ribicoff and Moynihan proposed amending the Federal Pell 
     Grant Act and simply applying it to elementary and secondary 
     students.
       At that time, when the Pell grant was $200 to $1,800, a 3rd 
     grader could get a Pell grant, or if you were a high school 
     student and you were poor, you could get a Pell grant.
       Senator Moynihan said to this body in 1979: ``Precisely the 
     same reason ought to apply to elementary and secondary 
     schooling--if, that is, we are serious about educational and 
     pluralism and providing educational choice to low- and 
     middle-income families similar to those routinely available 
     to upper income families.''
       This was the impulse behind the basic educational 
     opportunity grants program as enacted by Congress in 1972. He 
     was talking about Pell grants. It was the impulse by the 
     presidential message to Congress which I drafted in 1970 
     which proposed such a program. It is the impulse to provide 
     equality of educational opportunity to every American, and it 
     is as legitimate and important an impulse at the primary and 
     secondary school level as it is at the college level.
       I am going to strongly urge my colleagues not to make a 
     reflexive reaction to this idea because, on the one hand, it 
     has too much money, or on the other hand, it has some choice. 
     Think back over our history and think of our future and 
     realize we have the best colleges and we do not have the best 
     schools. Why don't we use the formula that created the best 
     colleges to help create the best schools?
       I ask unanimous consent to have printed in the 
     Congressional Record at the conclusion of my remarks Sen. 
     Moynihan's statement in the Senate in 1980, and following 
     Sen. Moynihan's remarks, an article which I wrote for the 
     publication Education Next, which is being published this 
     week, entitled ``Putting Parents in Charge.''
       This article goes into some detail about the Pell Grants 
     for Kids proposal. I look forward over the next several weeks 
     to working with my colleagues, accepting their ideas and 
     suggestions about how we improve our schools.

  Mr. ALEXANDER. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk (John Merlino) proceeded to call the 
roll.
  Mr. BYRD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Carper). Without objection, it is so 
ordered.
  The Senator from West Virginia is recognized.

                          ____________________




                       FIFTY YEARS IN THE SENATE

  Mr. BYRD. Mr. President, in my multivolume history of the Senate, I 
noted that the Senate is ``the anchor of our republic.'' It is, I 
wrote, ``the morning and evening star in the American constitutional 
constellation.'' Today, I recall those words because I am even more 
convinced that the Senate still stands as the great forum of 
constitutional American liberty.
  For five decades--that is a pretty long time--I have seen this Senate 
weather the storms of adversity, withstand the barbs of cynics and the 
attacks of critics as it provided continuous stability and strength to 
our great country during periods of strife and uncertainty. The Senate 
has served our country so well because great and courageous Senators 
have always been willing to stay the course through the continuum and 
to keep the faith. The Senate will continue to do so as long as there 
are Members of the Senate who understand the Senate's constitutional 
role and who zealously guard the Senate's powers.
  It has been said that this institution--meaning the Senate--has a 
life of its own. That may be true. I also know from my 50 years of 
service in this Chamber that the life of the Senate is rooted in the 
character of the men and the women who serve in the Senate. During my 
five decades of service here, I have had the high honor and the great 
privilege of serving with some of the finest and a few of the greatest 
Senators in history. This distinguished list includes my mentors, 
Senator Richard Brevard Russell, Senator Lyndon Baines Johnson, Senator 
John Cornelius Stennis, and Senator Mike Mansfield. It includes the 
great Margaret K. Smith, who never for a moment hesitated to follow her 
conscience. It includes Barry Goldwater, and it includes Phil Gramm, 
both of whom were spear carriers for the Reagan revolution. It includes 
those giants of the Senate, Howard Baker and Mark Hatfield, both of 
whom exemplified stunning political courage. And of course any list of 
greats must include

[[Page 49]]

our own beloved Ted Kennedy, who went from being a bitter adversary in 
the beginning of my years to my dearest friend. It has been an honor 
and a great privilege to have served with these Senators and with so 
many others who have contributed and who still contribute to the Senate 
to make it the great institution it has become. I hope and I pray to 
the Good Lord that in my 50 years here, I have also made a small but 
positive contribution, and I pray that I will continue to do so.
  Because of the good people of West Virginia, my half century--my 50 
years--of service in this Chamber has allowed the foster son of an 
impoverished coal miner from the hills of southern West Virginia--and 
the wife of that coal miner to have a son--to have the opportunity to 
walk with Kings, to meet with Prime Ministers, and to debate with 
Presidents. I have had the privilege not only to witness but also to 
participate in much of America's history. From the beginning and the 
apex of the Cold War to the collapse of the Soviet Union, from my 
opposition to the 1964 Civil Rights Act to my role in securing the 
funds for the building of the memorial to Martin Luther King, from my 
support for the war in Vietnam to my opposition to Mr. Bush's war with 
Iraq, I have served here, and I have loved every second of every 
blessed minute of it.
  My half century of service in the great Senate has also allowed me to 
experience profound changes in this institution. Unfortunately, not all 
of them have been for the best.
  During my tenure, especially in recent years, this Chamber has become 
bitterly partisan. All of us already know this, so I will not belabor 
the point other than to say we should do better. I will point out that 
we should do something about the vitriol before it destroys the Senate 
and the people's faith in the Senate.
  If anyone thinks I am exaggerating, I will give just one example. The 
filibuster is a prime guarantee of the principle of minority rights in 
the Senate. The filibuster is a device by which a single Senator can 
bring the Senate to a halt if that Senator believes his cause is just. 
But our partisan warfare has often transformed this unique, fundamental 
Senate tool into a political weapon which has been abused. As a result, 
there have lately been efforts to abolish it. If this should ever 
happen, a vital and historic protection of the liberties of the 
American people will be lost, and the Senate will cease to function as 
the one institution that has provided protection for the views and the 
prerogatives of a minority.
  I lament the ever-increasing costs of running for a Senate seat. In 
1958, Jennings Randolph and I spent a combined $50,000 to win the two 
Senate seats in West Virginia. Today, Senators can expect to spend 
about $7 million. Too much of a lawmaker's time, too much of a 
lawmaker's energy is now consumed in raising money for the next 
election or to pay off the last one.
  I lament that too many legislators in both parties continue to regard 
the Chief Executive in a roll much more elevated than the Framers of 
the Constitution ever intended. The Framers of the Constitution did not 
envision the Office of the President of the United States as having the 
attributes of royalty. We as legislators have a responsibility to work 
with the Chief Executive, but it was intended for this to be a two-way 
street, not a one-way street. The Senate must again rise and be the 
coequal branch of Government which the Constitution of the United 
States intended it to be.
  I lament the decline of the thoroughness of Senate committee 
hearings. In its classic study, ``Congressional Government,'' Woodrow 
Wilson pointed out that the ``informing function of Congress is its 
most important function.'' This was revealed in 1973 when, after 8 days 
of hearings and after hours upon hours of questioning, L. Patrick Gray, 
President Nixon's nominee to be Director of the FBI, revealed that 
White House counselor John Dean had lied--lied--lied--to FBI 
investigators, thus beginning the unraveling of the Watergate coverup. 
Today, we have the knowledge this could not happen with the time 
restrictions that are in place on the Senate's hearings.
  I am pleased to say that during my half century in the Senate, there 
have also been positive changes in the Senate. I will mention a few. 
The first is the Senate has become more open and the Senate has become 
more constituent friendly. This was highlighted in 1986 when television 
cameras were finally installed and the American people all across this 
country could watch their Senators debate the issues of the day on C-
SPAN. I am proud to have been a part--though a small part--but a part 
of that innovation.
  During my tenure, the Senate has become more open and it has become 
more diverse. When I came here in 1959, there was only one--one female 
Senator. In the 111th Congress, there are 17 women in the Senate. In 
the 50 years prior to my service, not a single--not one African 
American was elected to the Senate. During my 50 years here, three 
African Americans have been elected to the Senate. This is a small 
number, but one of those three has now been elected to the highest 
office in the land--President of the United States. So, my fellow 
colleagues, we have come a very, very, very long way.
  Let me conclude my remarks by simply acknowledging it has been a 
wonderful 50 years serving in this ``great forum of constitutional 
American liberty.'' I only wish my darling wife, who now sings in the 
heavenly choir above, were here today to say with me that I look 
forward--yes, look forward to the next 50 years. Amen. Amen.
  That concludes my remarks.
  I yield the floor and I say good night to the Chair and all the 
people here.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Sanders). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                         MINNESOTA SENATE RACE

  Mr. McCONNELL. Mr. President, earlier today there were some comments 
about the Minnesota Senate race that I would like to briefly address. 
The only people who have pronounced the Minnesota Senate race over are 
Washington Democrats and the candidate who is the current custodian of 
the most votes. The people of Minnesota certainly do not believe the 
Minnesota Senate race is over. The Minneapolis Star Tribune, which 
never could be confused for a conservative publication, wrote an 
editorial in their paper today entitled, ``Court Review is Key in 
Senate Recount.''
  Writing about yesterday's Canvassing Board findings, the editorial 
says--and again, this is in today's Minneapolis Star Tribune--the 
editorial today says:

       As Minnesotans are learning, that determination is not the 
     same as declaring a winner in this amazingly close race.

  It went on to say:

       Both Franken and Coleman should want court-ordered answers 
     to questions that the Canvassing Board could not answer.
       The winner of this contest deserves the legitimacy that 
     would come with a court's politically independent finding 
     that he got more votes than his opponent.

  The bottom line is this: The Senate race in Minnesota will be 
determined by Minnesotans, not here in the Senate.

                          ____________________




                     OPENING OF THE 111TH CONGRESS

  Mr. McCONNELL. Mr. President, the opening of a new Congress is always 
an important moment in the life of our Nation. Every time a gavel falls 
on a new legislative term, we are reminded of the grandeur of the 
document we are sworn to uphold. We are grateful to the citizens of our 
respective States--in my case the people of Kentucky--who give us the 
opportunity to serve. We are thankful once again that the U.S. 
Constitution has endured to guarantee the freedom and the prosperity of 
so many for so long.
  The growth of our Nation over the years is one of the most remarkable 
feats of man, and it was far from inevitable. When Congress first 
organized

[[Page 50]]

under the Constitution, the United States consisted of 11 States and 3 
million citizens. Today, more people than that live in Kentucky alone. 
Yet despite a bloody Civil War, the arrival of millions of immigrants, 
economic collapse, World Wars, social unrest, and the long-delayed 
realization of America's original promise of equality for all, we have 
come together as a body and as a nation. We have not just endured these 
things, we have flourished, and that is well worth remembering and 
celebrating as the 111th Congress convenes.
  As we meet in January of 2009, America faces many serious challenges. 
None is more urgent than our troubled economy. President-elect Obama 
was one of those who recognized the gravity of the current troubles 
early on. He reassured many by fielding a solid team of economic 
advisers. He agrees with Republicans that we should put more money in 
the pockets of middle-class American families by cutting their taxes, 
and he has proposed working with Republicans to create jobs and to 
encourage long-term economic stability with a massive domestic spending 
bill the details of which Members of Congress and the American people 
are increasingly eager to see.
  After a long and rough campaign season, it is encouraging for many 
Americans to see that the two parties in Washington are in broad 
agreement about something so important to their daily lives. And 
Republicans will work with President-elect Obama to make sure that as 
we consider this legislation the taxpayer is not taken for a ride.
  All of us agree the economy needs help. We are concerned and 
taxpayers are concerned. But if we are going to appropriate an 
unprecedented amount of money from the Treasury for this spending bill, 
it is absolutely essential that we determine up front whether the 
spending is going to be wasteful or wise.
  Specifically, the American people should have at least a week, and it 
looks as if we will have more than that, to see what this enormous 
spending plan includes. President Clinton proposed a $16 billion 
stimulus package in his first year in office. Congress, back in 1993, 
rejected it for being too expensive. Now Democrats in Congress are 
proposing a stimulus that would cost taxpayers more than 50 times what 
President Clinton's would have cost.
  This potentially $1 trillion bill would be one of the largest 
spending bills in U.S. history. It would increase the deficit by a half 
trillion dollars overnight and deepen an already enormous national 
debt.
  Before we all agree to it, the American people need to see the 
details. They need to be able to see for themselves whether this is 
money well spent. If lawmakers think it is, then they need to make a 
convincing case to the people who are paying for it.
  Now, 16 years ago we rejected a similar stimulus the size of the 
Minnesota State budget. We should not be rushed into voting for a bill 
that, by any estimate, will be bigger than all 50 State budgets 
combined, especially when many of the jobs it promises will not even 
materialize for another year. If we are serious about protecting the 
taxpayer, these projects will be awarded through a fair and open 
process and allowed to compete with other priorities in the budget. We 
should encourage, not discourage, questions about this bill in a 
reckless rush to meet an arbitrary deadline. We should be open to new 
ideas aimed at protecting the taxpayer.
  Here are three new ideas worth considering: Congressional Democrats 
have talked about sending hundreds of billions of dollars to the 
States. If we loan those funds rather than give them away, States will 
be far less likely to spend the money frivolously, and the taxpayer 
would have greater assurance their money is well spent.
  Idea No. 2: Congress has had nearly 1 year to review the fiscal 2009 
spending requests. These remaining bills now make up a $400 billion 
Omnibus appropriations bill. This is a bill that meets the level of 
spending proposed for the stimulus, and it is a bill that could pass 
Congress by Inauguration Day. If speed is one of the goals, it strikes 
me that passing the omnibus achieves that goal.
  Idea No. 3, middle-class tax relief: One way to get more money into 
people's pockets quickly is to increase the size of their paychecks 
immediately. An immediate 10 percent cut in taxes for nearly 30 million 
Americans would provide a significant jolt to the economy that all of 
us want. These are ideas on which both parties could agree. Each of 
them is designed to protect and empower the taxpayer. So let's consider 
them. But either way the American people should be in on this spending 
plan because the potential for waste and abuse is enormous.
  Now, some loose-lipped local politicians have already described the 
grant as ``free money'' from Washington. Others openly hope to use it 
on frivolous pet projects that no sensible taxpayer would sign off on 
if they had a choice. The American people do not want to be pick-
pocketed. They do not want to be taken advantage of. They want a real 
return on their investment, and all of us should be eager to show that 
we understand the difference.
  President-elect Obama has said a stimulus plan will have to create 
jobs, have an immediate impact, and lead to the strengthening of the 
long-term economy. Republicans agree, and we will help to ensure just 
that by insisting on scrutiny and oversight in the face of pressure on 
congressional Democrats from interest groups and local politicians.
  Here is an issue on which the Republicans and Democrats can work 
together for a positive result for the American people. My hope is that 
once we achieve it, we will have a model to build on for the remainder 
of the 111th Congress. The opportunities for cooperation are numerous. 
Throughout his campaign, President-elect Obama spoke about the 
importance of a strong national defense. He spoke of the need to reduce 
the national debt. He vowed to go through the budget line by line to 
cut wasteful programs. He pledged to cut taxes on virtually all 
Americans and on small business. And he promised to put America on the 
path to energy independence within the next 10 years. These are all 
goals Republicans support. At this moment, nothing should stand in the 
way of our achieving them together.
  I have told the new President I am eager to work with him. I have 
told him he can expect cooperation on the confirmation of qualified 
nominees to key Cabinet posts so the American people do not have to 
worry about a power vacuum at places such as the Pentagon, the State 
Department, Treasury, or Homeland Security. I have discussed with him 
something he already knows but which is worth repeating on the first 
day of the new Congress. When it comes to new Presidents, history 
offers a clear path, a clear path to success and a clear path to 
failure.
  Some new Presidents have chosen to work with the other party to 
confront the big issues of the day that neither party is willing or 
able to tackle on its own. Others have decided they would rather team 
up with members of their own party and focus on narrow, partisan issues 
that only appeal to a tiny sliver of the populace but which lack the 
support of the American mainstream.
  In my view, the choice at this particular moment is clear. If the new 
President pursues the former course, our chances of achieving a 
positive for the American people will be strong. The parties will 
continue to disagree. This is good for democracy, but political 
conflict is not an end in itself. At this moment we have an opportunity 
to show the American people, and we know that.
  The majority leader has mentioned that this year the opening of 
Congress coincides with two important anniversaries. The first is 
Senator Byrd's 50th anniversary. This feat of longevity has no equal in 
the history of this body, and this is quite fitting for a Senator who 
has no equal in the history of this body.
  When Robert Carlyle Byrd took the oath of office on January 5, 1959, 
he could not have known that he would be the longest serving Senator in 
U.S. history or that he would one day write

[[Page 51]]

this body's definitive history. But through the support of his beloved 
Erma, his legendary devotion to our Constitution, and his tireless will 
to improve the lives of the people of his State, the senior Senator 
from West Virginia has accomplished a remarkable feat, and today we 
honor him for it.
  The other anniversary we commemorate today is no doubt dear to 
Senator Byrd's heart because 150 years ago this very month the Senate 
moved from its old home down the hall, where we had the reenactment of 
the swearing in of new Senators today--its old home down the hall, to 
the room we are in now. This transition meant far more in its day than 
the mere packing of books and rearranging of desks because back then, 
as now, every expansion of the Capitol has come with a fresh 
realization of the great adaptability of the U.S. Constitution and is 
further proof of its greatness.
  According to the Congressional Record, the man who was selected to 
speak on the occasion of the Senate's relocation in 1859 was John 
Breckenridge, a Democrat and a Kentuckian who served as Vice President 
under President Buchanan.
  In his remarks, Breckenridge offered an eloquent lesson on the 
history of the Senate and, after paying appropriate tribute to the 
heroes of the Revolution, he made an intriguing suggestion to the 
Senators of his day. Breckenridge suggested that the Senators of 1859 
had an even greater responsibility than the Senators of 1789 because, 
as he put it, ``the population, extent, and the power of our country 
surpass the dawning promise of its origin.''
  If this was true in 1859, it is truer still in 2009. Americans have 
seen quite vividly over the past 8 years, and even over the past few 
months, that the challenges which confront America and our response to 
those challenges have a powerful effect on the wider world.
  Not a single Member of this body is unaware of the profound impact of 
his or her decisions. And that is why not a single Senator in this body 
wishes anything but the best to President-elect Obama.
  Despite party differences, all of us feel a certain institutional 
pride in having one of our own in the White House. And every American 
will feel a special national pride when, for the first time in our 
Nation's history, an African American man raises his hand to recite the 
oath of office from the Capitol steps.
  The President-elect has promised leadership that sees beyond the 
politics of division. But that responsibility does not rest with the 
President alone. It rests with all of us. Before Inauguration Day, 
there is the opening of this 111th Congress. This too is a great civic 
ritual. And this too should renew our optimism about the future of 
America and our optimism about achieving something important for the 
American people over these next 2 years. Now is our chance to deliver--
not just in word, but in deed. This is a solemn charge. For some, it 
might cut against the grain. But if we are to have a future worthy of 
our past, it is a charge that must be kept.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.

                          ____________________




                    ERIC HOLDER CONFIRMATION HEARING

  Mr. SPECTER. Mr. President, with the approaching hearings before the 
Judiciary Committee on the nomination of Eric Holder to be Attorney 
General, I thought it might be useful to frame some of the issues and 
put them into perspective, at least my perspective, in advance of the 
hearings, and to advise Mr. Holder in some greater detail than our 
brief meeting, when he paid his courtesy call a few weeks ago, to 
discuss some of those issues so he would be in a better position to 
respond.
  I begin with the view that I wish to be helpful to President-elect 
Obama in his dealings with the enormous problems which face our Nation. 
I have come to know President-elect Obama in his capacity as Senator 
for the last 4 years. His office is right down the hallway. I consider 
him a friend, and certainly we are in need of action on some of the 
enormous problems our Nation faces. We approach these problems in the 
context of our constitutional roles. The Constitution, in article I, 
gives certain powers to the Congress and, in article II, certain powers 
to the executive branch. The core of our constitutional Government is 
checks and balances so we have that responsibility to have oversight 
and to give our candid judgments. Frequently, it is more helpful to say 
no than to say yes. When we deal with the position of Attorney General, 
we have a role which is significantly different from other Cabinet 
officers.
  For example, Cabinet officers carry out the President's policies on a 
wide variety of issues and, to an extent, so does the Attorney General. 
But the Attorney General has a significantly different role in his 
responsibility to the people and to the rule of law. Senator Leahy and 
I wrote extensively on this subject, published last October in 
Politico.
  Some Attorneys General have been very compliant with the 
administration and have not fared very well historically. Attorney 
General Harry Daugherty was sullied by the Teapot Dome scandal. 
Although ultimately cleared, he resigned amid allegations of 
impropriety. We had the Attorney General during the administration of 
President Roosevelt, Attorney General Homer Cummings, who yielded to 
the court-packing plan, certainly not the sort of institutional 
integrity which we would look for in an Attorney General. Some 
Attorneys General have been very diligent. Perhaps the best example is 
Attorney General Elliot Richardson, who resigned rather than fire 
Special Prosecutor Archibald Cox during the administration of President 
Nixon, and Deputy Attorney General Bill Ruckelshaus followed suit.
  In today's press, there are reports about the distinguished career of 
Attorney General Griffin Bell, who just died. One of the hallmarks of 
Attorney General Bell's career was his willingness to say no to 
President Carter, who had appointed him. President Carter, it is 
reported, wanted a certain prosecution brought. Attorney General Bell 
said that it wasn't an appropriate matter for a criminal prosecution. 
Attorney General Bell advised President Carter that the way he would 
get that prosecution brought would be to appoint a compliant Attorney 
General, that he would resign before he would undertake that 
prosecution.
  We have seen, regrettably, with the administration of Attorney 
General Alberto Gonzales, yielding to the Executive will without 
upholding the rule of law; the hearings conducted by the Judiciary 
Committee, for which I was ranking member, over the termination of U.S. 
attorneys; the attitude of Attorney General Gonzales on habeas corpus, 
testifying that there was no positive grant of habeas corpus in the 
Constitution, notwithstanding the explicit clause which says habeas 
corpus may be suspended only in time of rebellion or invasion. So this 
is a very key and critical appointment.
  The Attorney General also has enormous responsibilities in advising 
the President more generally on the scope of Executive authority. Mr. 
Holder will doubtless be questioned at some length on the issue of the 
terrorist surveillance program, warrantless wiretaps, and the meaning 
of the Foreign Intelligence Surveillance Act; and where does 
congressional authority under article I stop on the flat prohibition 
against wiretaps without warrants, contrasted with the Executive's 
power as Commander in Chief under article II; and what are the Attorney 
General designate's views on attorney-client privilege restrictions, a 
matter which he initiated in 1999 and which has seen further 
restrictions in the Thompson memorandum and subsequently. Last Congress 
I introduced legislation to try to deal with that. There is also the 
reporter's privilege issue, where the Department of Justice has opposed 
the privilege for reporters where they have been held in contempt. A 
New York Times reporter was held in jail for some 85 days after the 
source of the confidential disclosure had been addressed. These are 
just a few of the

[[Page 52]]

issues which we will be looking at in the confirmation hearings of 
Attorney General Holder.
  With respect to Mr. Holder, specifically, he has had an outstanding 
academic and professional record--I acknowledged that early on--
prestigious college and law school, Columbia; a judge of the District 
of Columbia Superior Court; involved in Department of Justice 
prosecution teams; and later served as Deputy Attorney General. But 
aside from these qualifications on Mr. Holder's resume, there is also 
the issue of character. Sometimes it is more important for the Attorney 
General to have the stature and the courage to say no instead of to say 
yes.
  There are three specific matters which will be inquired into during 
the course of Mr. Holder's confirmation hearing. The first one involves 
a highly publicized pardon, the Marc Rich pardon. Mr. Holder testified 
he was ``not intimately involved'' in the Rich pardon and he assumed 
that regular procedures were being followed. But when you take a look 
at some of the details as to what was disclosed in the hearing by the 
House of Representatives and in the hearing in the Senate Judiciary 
Committee, which I chaired 15 months after the pardon, Mr. Holder met 
privately with Mr. Rich's attorney. According to Mr. Holder's own 
testimony, he tried to facilitate a meeting between the prosecutors in 
the Southern District of New York and Rich's attorney. Rich's attorney, 
Mr. Quinn, testified that Mr. Holder advised him to go straight to the 
White House rather than through the pardon office, which is the regular 
procedure. Mr. Quinn produced an e-mail from himself to a colleague 
with the subject line ``Eric,'' in which he noted that ``he says go 
straight to the WH, also says timing is good. We should get it in 
soon.''
  That is not conclusive, but these are matters to be inquired into. 
The pardon attorney was opposed to the pardon, but he never issued a 
recommendation because he didn't think the pardon was under serious 
consideration. Then the White House requested Mr. Holder's opinion, and 
he is quoted as saying that he was ``neutral, leaning towards 
favorable'' on the pardon.
  On this case of the record, with the very close connections between 
Mr. Rich and very sizable contributions to the Clinton library and very 
sizable contributions to President Clinton's party, these questions 
inevitably arise and have not been answered satisfactorily. During the 
course of the hearings, both in the House and in the Senate, where I 
chaired the full committee hearing, the claim of executive privilege 
was made. We face a little different situation when we are looking at a 
confirmation hearing for Attorney General, in terms of the legitimate 
scope of Senators' inquiry which will be pursued. It ought to be 
focused on the fact that the charges against Rich were very serious. 
They involved tax evasion, fraud, trading with the enemy, with Iran. It 
should also be emphasized that the U.S. attorney who prosecuted the 
case was opposed to the pardon and, in fact, refused to meet with Mr. 
Rich.
  The second issue which requires a hearing on the issue of character 
and the determination as to whether Mr. Holder was yielding to the 
President to give him or the Vice President a conclusion they wanted to 
hear was the issue of the appointment of an independent counsel on the 
allegations that Vice President Gore engaged in fundraising from the 
White House in violation of Federal law.
  Mr. Holder, in his capacity as Deputy Attorney General, was advising 
Attorney General Reno. Attorney General Reno came to the conclusion 
that independent counsel ought not to be appointed. The House of 
Representatives committee filed this report:

       . . . the failure of the Attorney General to follow the law 
     and appoint an independent counsel for the entire campaign 
     finance investigation has been the subject of two sets of 
     Committee hearings. FBI Director Louis Freeh and the Attorney 
     General's hand-picked Chief Prosecutor, Charles LaBella, 
     wrote lengthy memos to the Attorney General advising her that 
     she must appoint an Independent Counsel under the mandatory 
     section of the Independent Counsel Statute. . . .

  That mandatory section does not leave it to the discretion of the 
Attorney General, but the Attorney General declined to appoint 
independent counsel.
  In hearings conducted before the Senate Judiciary Subcommittee, which 
I chaired, Attorney General Reno was questioned extensively on the 
evidence, which showed that hard money was being discussed as the 
matter of fundraising to be undertaken by Vice President Gore.
  Attorney General Reno did not consider a very critical piece of 
evidence written by a man named Strauss who had attended the meetings. 
The Strauss memo contained the notation of a certain percentage of hard 
money and a certain percentage of soft money. Attorney General Reno did 
not consider that because, as she testified, it did not refresh the 
recollection of Mr. Strauss.
  Well, there are a number of exceptions to the hearsay rule. One is 
when a piece of paper is reviewed by a witness and it refreshes his 
prior recollection, and another is when the witness testifies that the 
notes were made contemporaneously with the discussion and it 
constitutes prior recollection recorded, which is an exception to the 
hearsay rule and the witness does not have to remember what had 
occurred.
  That critical piece of evidence was not considered by Attorney 
General Reno. So here again are issues which are appropriate for 
inquiry on the character issue.
  On the issue of whether Mr. Holder will exercise sufficient 
independence, Vice President Gore sought to explain to the FBI that he 
was out of the room a good bit of the time of the discussion because, 
as he had put it, he had consumed a lot of iced tea on that occasion. 
Well, these are matters which the independent counsel statute was 
designed to deal with, to conduct a further investigation, to consider 
all of the ramifications, and not to show favoritism because the 
subject of an investigation happened to be the Vice President of the 
United States. Mr. Holder's role in advising the Attorney General on 
that matter, his role as Deputy Attorney General, is an appropriate 
matter for inquiry.
  The third issue to be inquired into involves the hearings on the so-
called FALN organization, the Armed Forces of Puerto Rican 
Nationalists. The FALN was an organization linked to over 150 bombings, 
threats, kidnappings, and other events which resulted in the deaths of 
at least six people and the injuries of many more between 1974 and 
1983. Four of the persons who received clemency were convicted of 
involvement in the $7 million armed robbery of a Wells Fargo office.
  In the face of this kind of conduct, and in the face of a report by 
the pardon attorney in the Department of Justice, the actions of Deputy 
Attorney General Holder were very extensive in what eventuated in the 
granting of clemency.
  The Department of Justice sent the matter back for another 
evaluation, apparently dissatisfied with the recommendation of the 
pardon attorney that the clemency application ought to be denied.
  On this second occasion, according to press accounts, the submission 
by the pardon attorney ``made no specific recommendation'' regarding 
clemency, but it did reflect that the FBI and two U.S. attorneys' 
offices opposed clemency. Notwithstanding that record, clemency was 
granted. It is an appropriate matter for inquiry to see specifically 
what role Mr. Holder played.
  Senator Hatch, who was the chairman of the committee at that time, 
had this to say about the conclusion:

       President Clinton, who up to this point had only commuted 
     three sentences . . . offered clemency to 16 members of FALN. 
     This to me, and really almost every Member of Congress, was 
     shocking.

  Senator Leahy joined in the criticism of the grant and raised the 
question about the failure of the Department of Justice to contact the 
victims. The matter came before the Senate, which rejected and 
criticized the grant of the clemency by a vote of 95 to 2.
  All of these matters relate to judgment and relate to whether Mr. 
Holder had the kind of resoluteness displayed

[[Page 53]]

by Attorney General Griffin Bell or Attorney General Elliot Richardson 
to say no to his superior.
  In raising these concerns, I am raising questions. I will approach 
these hearings next week--a week from Thursday--with an open mind to 
give Mr. Holder an opportunity to explain his conduct and his actions 
and to see if, on the totality of the record, he displays the requisite 
character and judgment and can justify the actions in these sorts of 
matters which would warrant the confidence of the Judiciary Committee, 
really representing the confidence of the American people.
  After our experience with Attorney General Gonzales, and given the 
experience of other Attorneys General in the past and the very critical 
role which they play in upholding the rule of law, these are the sorts 
of issues which ought to be aired. Mr. Holder ought to have his day in 
court, so to speak--the hearing before the Judiciary Committee--to see 
if he can state the case which would warrant his confirmation.
  Mr. President, I ask unanimous consent that a detailed statement be 
printed in the Record at this point in full. What I have tried to do is 
to summarize a more detailed statement.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                         Holder Floor Statement

       With the Judiciary Committee hearings approaching on the 
     nomination of the Attorney General-designate Eric H. Holder, 
     Jr., I think it would be useful to put some of the issues 
     into perspective, at least my perspective. I begin with the 
     view to help President-elect Obama deal with the enormous 
     problems facing our nation. I worked with then-Senator Obama; 
     I had an office close to his on the 7th floor of the Hart 
     Building, and consider him a friend. I sent a congratulatory 
     letter after the election and was pleased to get his 
     telephone call to discuss working together in the new year.
       The fundamentals of our continuing relationship will be 
     governed by the Constitution. Separation of powers and checks 
     and balances are the basic precepts of dealings between the 
     Congress (Article I) and the Executive (Article II). My 
     record demonstrates my willingness to cross party lines when 
     I consider it appropriate--frequently to my own political 
     disadvantage.
       The Constitution requires the President's choice for 
     Attorney General to be confirmed by the Senate--specifically, 
     with the Senate's ``advice and consent.'' On June 13, 2005, 
     in the context of a possible Supreme Court nomination, 
     Senator Leahy described his opinion of the role of the Senate 
     as prescribed by this clause stating: ``The Constitution 
     provides that the President `shall nominate, and by and with 
     the Advice and Consent of the Senate, shall appoint' judges. 
     For advice to be meaningful it needs to be informed and 
     shared among those providing it. . . . Bipartisan 
     consultation would not only make any Supreme Court selection 
     a better one, it would also reassure the Senate and the 
     American people that the process of selecting a Supreme Court 
     justice has not become politicized.'' (Cong. Rec. S6389) 
     Senator Leahy's statement is at least relevant, if not 
     equally applicable, to Mr. Holder's nomination. History 
     demonstrates that presidents who seek the advice of members 
     of the Senate prior to submitting a nomination frequently see 
     their nominees confirmed more quickly and with less 
     controversy than those who do not. A recent example is that 
     of President Clinton who consulted with then-Chairman Hatch 
     prior to nominating Justice Ruth Bader Ginsberg and Justice 
     Stephen Breyer to the Supreme Court. Both nominees were 
     confirmed with minimal controversy.
       In contrast, on the nomination of Mr. Holder, President-
     elect Obama chose not to seek my advice or even to give me 
     advance notice, in my capacity as Ranking Republican on the 
     Judiciary Committee, which is his prerogative. Had he done 
     so, I could have given him some facts about Mr. Holder's 
     background that he might not have known, based on my 
     experience on the Senate Judiciary Committee. For example, in 
     1999, I chaired a Senate Judiciary Committee oversight task 
     force that investigated whether the Department of Justice 
     fulfilled its responsibilities in investigating the Waco 
     siege, Chinese nuclear spying, and alleged campaign-finance 
     abuses by Democrats during the 1996 elections. As part of 
     that investigation, I chaired six hearings before the 
     Judiciary Committee's Subcommittee on Administrative 
     Oversight and the Courts, during which we heard from numerous 
     witnesses and reviewed many documents. The insight gained 
     during that investigation might have been valuable to 
     President-elect Obama, because Mr. Holder was Deputy Attorney 
     General (DAG) of the Justice Department from 1997 until 2001 
     and, therefore, played a pivotal role in determining the 
     level and scope of the Justice Department's investigation of 
     these important matters. I also chaired the Senate Judiciary 
     Committee's 2001 hearing on the controversial pardons of 
     international fugitives Marc Rich and Pincus Green. During 
     that hearing, the Committee heard testimony from Mr. Holder 
     on his role in those pardons. I will describe some of the 
     details on those matters shortly. Based on my role on those 
     investigations, I could have provided President-elect Obama 
     with information on Mr. Holder that he might not otherwise 
     have had and might have found useful.
       Seeking to be helpful to the new administration does not 
     necessarily mean agreement on all matters. Sometimes saying 
     ``no'' may be more helpful, but may not appear to be at the 
     time.
       I acknowledge the many good features about Mr. Holder's 
     education and professional background. He received his B.A. 
     from Columbia University in 1973 and his J.D. from Columbia 
     Law School in 1976. Following law school, Mr. Holder pursued 
     a career in public service, first as a trial attorney in the 
     Public Integrity Section of the Department of Justice, then 
     as an Associate Judge for the Superior Court of the District 
     of Columbia, next as the United States Attorney for D.C., and 
     then as Deputy Attorney General and, for a short period, as 
     Acting Attorney General. Following his tenure at the 
     Department of Justice, Mr. Holder joined the D.C. office of 
     Covington & Burling, LLP as a partner.
       In addition to the accomplishments on a nominee's resume, 
     however, there is a critical qualification of character in 
     upholding principles when tempted to yield to expediency by 
     being a ``yes man'' to please a superior or to accommodate a 
     friend. As Chairman Leahy and I noted in an op-ed we co-
     authored last October and published in Politico, 
     ``[I]ndependence is also an indispensable quality in an 
     attorney general. . . . Regrettably, we have seen what 
     happens when an attorney general ignores this basic tenet and 
     considers the president, not the American people, as his 
     principal. We must ensure that the rule of law never plays 
     second fiddle to the partisan desires of political 
     operatives.''
       American history provides several examples of Attorneys 
     General whose independence was tested; some succumbed to 
     being ``yes men'' and some resolutely said ``no.'' One 
     example of an Attorney General who may have been swayed by 
     political pressure was Harry M. Daugherty (51st Attorney 
     General under Presidents Harding and Coolidge, 1921-1924). In 
     1924, the Senate launched an investigation into the failure 
     of the Attorney General to prosecute those implicated in the 
     Teapot Dome Scandal, which was headed by Democratic Senator 
     Burton K. Wheeler of Montana. The investigation included an 
     examination of Mr. Daugherty's involvement in the scandal and 
     why he failed to prosecute the Secretary of the Interior and 
     others implicated. Although Mr. Daugherty was eventually 
     cleared of all charges, his failure to aggressively prosecute 
     those involved, combined with allegations that he obstructed 
     justice by trying to block the congressional investigation, 
     resulted in a loss of confidence in him. Mr. Daugherty 
     resigned in March 1924, prior to the conclusion of the 
     investigation.
       Another example is that of Homer S. Cummings (55th Attorney 
     General under President Franklin Roosevelt, 1933-1939). 
     Frustrated with several Supreme Court decisions declaring New 
     Deal programs unconstitutional, President Roosevelt asked Mr. 
     Cummings to secretly draft a bill that would have added one 
     new judge for every judge who refused to retire at age 70. 
     This proposal, which came to be known as the ``court-packing 
     plan,'' could have created as many as six vacancies on the 
     Supreme Court as well as a number of lower court vacancies. 
     The resulting legislation was widely criticized as an overt 
     political plan to circumvent the Supreme Court. The plan was 
     never enacted, in part, because Justice Owen Roberts, who had 
     traditionally voted against New Deal legislation, started 
     voting with the ``liberal'' wing and upholding such measures. 
     Justice Roberts' apparent about-face in jurisprudence is 
     known as ``the switch in time that saved nine.''
       A third and possibly the most egregious example is that of 
     John N. Mitchell (67th Attorney General under President 
     Nixon, 1969-1972). In 1974, Mr. Mitchell was indicted for 
     conspiracy, obstruction of justice, giving false testimony to 
     a grand jury, and perjury, for his role in the Watergate 
     break-in and cover-up. He was convicted of these charges in 
     1975 and sentenced to two-and-a-half to eight years in 
     prison.
       In contrast, probably the most memorable example of an 
     Attorney General who did not bend to political pressure is 
     that of Elliot L. Richardson (69th Attorney General under 
     President Nixon, 1973). On October 20, 1973, Nixon ordered 
     Richardson to fire Watergate special prosecutor Archibald 
     Cox. Mr. Richardson and his deputy attorney general, William 
     D. Ruckelshaus, resigned rather than carry out the order.
       Another example is President Lincoln's attorney general, 
     Edward Bates (26th Attorney General, 1861-1864). Even in the 
     midst of the Civil War, Bates did not hesitate to express 
     independent judgment. Bates disagreed with President Lincoln 
     on a number of issues that arose from the war, including 
     Lincoln's desire to allow West Virginia to be admitted as a 
     state. In part because he was unable to

[[Page 54]]

     convince Lincoln to agree with him, Mr. Bates resigned from 
     office.
       The Attorney General is unlike any other cabinet officer 
     whose duty it is to carry out the President's policy. The 
     Attorney General has a corollary, independent responsibility 
     to the people to uphold the rule of law. Chairman Leahy and I 
     mentioned this responsibility in the aforementioned Politico 
     op-ed stating, ``[t]he attorney general's duty is to uphold 
     the Constitution and the rule of law, not to circumvent them. 
     The president and the American people are best served by an 
     attorney general who gives sound advice and takes responsible 
     action, rather than one who develops legalistic loopholes to 
     serve the partisan ends of a particular administration.''
       After our recent experience with Attorney General Gonzales, 
     it is imperative that the Attorney General undertake and 
     effectuate that responsibility of independence. Mr. Gonzales 
     left office accused of politicizing the Justice Department, 
     failing to restrain Executive overreaching, and being less 
     than forthcoming with Congress. Even before becoming Attorney 
     General, we now know that he pushed Attorney General Ashcroft 
     to approve the President's surveillance program over the 
     objections of high-level Justice Department officials. Once 
     in office, he either abdicated his responsibility to 
     subordinates or was complicit in the questionable firings of 
     several U.S. Attorneys, depending on which of his statements 
     one accepts as true. And, he repeatedly defended aggressive 
     Administration positions that appeared dismissive of Congress 
     and the Courts. Indeed, in his zeal for the Administration's 
     policy on detainees, he even questioned the constitutional 
     basis for habeas corpus review. On January 18, 2007, when he 
     testified before the Judiciary Committee, it was astounding 
     to hear his claim that ``there is no express grant of habeas 
     in the constitution.'' When I pressed him on the point, he 
     replied ``the constitution does not say every individual in 
     the United States or every citizen is hereby granted or 
     assured the right to habeas. It simply says the right of 
     habeas corpus shall not be suspended.'' Later, the Detroit 
     Free Press editorialized: ``The moment when Alberto Gonzales 
     proved he was just wrong for the job of U.S. attorney general 
     came . . . after Sen. Arlen Specter, R-Pa., asked him about 
     the constitutional guarantee of criminal due process, known 
     as habeas corpus.'' I am convinced that many of Attorney 
     General Gonzales' missteps were caused by his eagerness to 
     please the White House.
       Similarly, when Mr. Holder was serving as DAG to President 
     Clinton, some of his actions raised concerns about his 
     ability to maintain his independence from the president. The 
     most widely reported incident involved the aforementioned 
     controversial pardon of fugitive Marc Rich. Mr. Rich fled the 
     country in 1983 after a federal grand jury in New York 
     returned a 51-count indictment against him, his partner, and 
     his company, which included allegations of tax evasion, 
     fraud, and trading with the enemy (Iran, during the hostage 
     crisis). Those charges carried a maximum sentence of 300 
     years in prison. On January 20, 2001, President Clinton 
     granted Rich a pardon that did not follow the regular pardon 
     procedures. Mr. Rich never appeared for trial, had attempted 
     to ship subpoenaed documents out of the country, and was 
     still a fugitive. Prior to his pardon, he had been listed on 
     the FBI's ``Ten Most Wanted'' fugitives list. Further 
     tainting his pardon was the fact that his ex-wife wife had 
     donated large sums to the Democratic Party ($867,000), to the 
     Clinton Library ($450,000) and had donated $66,300 to 
     individual Democratic candidates.
       On February 8 and March 1, 2001, the House Committee on 
     Government Reform held two hearings on the pardons of Rich 
     and others made during President Clinton's final days in 
     office. On February 14, 2001, I chaired a full Judiciary 
     Committee hearing on the controversial pardons. At the 
     Judiciary Committee hearing, Roger Adams, DOJ's Pardon 
     Attorney, testified that ``none of the regular procedures . . 
     . were followed'' with regard to the Rich and Green pardons.
       Mr. Holder testified that he was not ``intimately 
     involved'' in the Rich pardon, and that he assumed that the 
     regular procedures were being followed. Mr. Holder said that, 
     the night before the pardon was granted, White House Counsel 
     Beth Nolan contacted him to ask his position on the pardon 
     request. Mr. Holder stated that he had reservations about the 
     pardon request since Mr. Rich was still a fugitive and 
     because it was clear that the prosecutors involved would not 
     support the request, but he ultimately told Ms. Nolan that he 
     was ``neutral, leaning towards favorable'' on the request. He 
     testified that one factor influencing his decision was the 
     assertion that Israeli Prime Minister Ehud Barak had weighed 
     in strongly in favor of the request; therefore, the granting 
     of the request might have foreign policy benefits. He made no 
     inquiry, however, as to whether that was true.
       Notwithstanding, based on these hearings, serious questions 
     have been raised regarding Mr. Holder's candor while 
     testifying before Congress. (Jerry Seper, Holder Testimony on 
     Pardon Questioned, The Washington Times, Dec. 18, 2008) In 
     response to a question from Congressman Burton, Mr. Holder 
     testified that he had ``only a passing familiarity with the 
     underlying facts of the Rich case.'' (The Controversial 
     Pardon of International Fugitive Marc Rich: Hearing Before 
     the House Comm. on Govt. Reform, 107th Cong. 193 (2001) 
     (statement of Mr. Eric Holder)) Despite this assertion, 
     correspondence with the Justice Department obtained by the 
     House Committee and testimony from other witnesses shows 
     that, 15 months before the pardon, Mr. Holder met privately 
     with Mr. Rich's attorney and received a presentation about 
     what Mr. Rich's defense believed were flaws in the 
     government's case. (Id. at 175-76) Further, according to Mr. 
     Holder's own testimony, he tried to facilitate a meeting 
     between the prosecutors in the Southern District of New York 
     and Rich's attorney, Mr. Jack Quinn, over a year before the 
     pardons were granted. (President Clinton's Eleventh Hour 
     Pardons: Hearing Before the Senate Comm. on the Judiciary, 
     107th Cong. 31 (2001))
       Allegations have also been raised that Mr. Holder was 
     responsible for the deviation from normal pardon procedures. 
     Allegedly, Mr. Quinn wrote to and spoke with Mr. Holder 
     several times between November 2000 and the night of January 
     19, 2001, and primarily relied on him for guidance and 
     information rather than the pardon office. Mr. Quinn 
     testified that Mr. Holder advised him to go straight to the 
     White House rather than through the pardon office, and Mr. 
     Quinn produced an email from himself to a colleague with the 
     subject line ``eric'' in which he noted that ``he says go 
     straight to wh. also says timing is good. we shd get in 
     soon.'' (The Controversial Pardon of International Fugitive 
     Marc Rich: Hearing Before the House Comm. on Govt. Reform, 
     107th Cong. 640 (2001) (email from Jack Quinn)) Mr. Holder 
     denied that he told Mr. Quinn to go straight to the White 
     House (Id. at 204) and maintained that he thought the regular 
     pardon procedures were being followed; however, he admitted 
     that he never spoke to anyone either in the pardon office or 
     in his own office about whether the Rich pardon petition had 
     been received. (President Clinton's Eleventh Hour Pardons: 
     Hearing Before the Senate Comm. on the Judiciary, 107th Cong. 
     30 (2001))
       Finally, Mr. Holder testified that he had at least one 
     conversation with Mr. Quinn about a potential Attorney 
     General position in Al Gore's possible administration while 
     the Rich pardon was pending, and that he was sending Mr. 
     Quinn the resumes of people on his staff and asking for his 
     help in finding them jobs after Clinton left office. (The 
     Controversial Pardon of International Fugitive Marc Rich: 
     Hearing Before the House Comm. on Govt. Reform, 107th Cong. 
     202 (2001)) Mr. Holder noted, however, that the actions he 
     took with regard to the Rich pardon were done after the 
     election had been decided in favor of President George W. 
     Bush when the Attorney General position was no longer an 
     option.
       While serving as DAG, Mr. Holder also was intimately 
     involved in the decision-making process that resulted in 
     Attorney General Janet Reno rejecting the Department of 
     Justice and FBI task force's recommendation to appoint an 
     independent counsel to probe the allegations of fund-raising 
     abuses by Vice President Al Gore during the 1996 presidential 
     campaign. (David Johnston, Reno Aides Recommend Against 
     Outside Counsel, Austin American-Statesman, Nov. 22, 1997; 
     Deputy Attorney General Holds Justice Department Weekly Media 
     Availability, FDCH Political Transcripts, Dec. 18, 1997; US 
     Seeks to Verify Chinese Campaign Influence, The Bulletin's 
     Frontrunner, Feb. 13, 1998; John Bresnahan, Hatch May Hold 
     New Hearings to Pressure Reno on 1996 Campaign Finance 
     Violations, Roll Call, May 11, 1998; Michael Kirkland, Reno 
     Gets Advice from Freeh on Gore Probe, United Press 
     International, July 27, 2000) The House Committee on 
     Government Reform and the Senate Committee on Governmental 
     Affairs both conducted extensive investigations of the fund-
     raising activities. Both Committees found significant 
     evidence of wrongdoing and recommended that the Attorney 
     General appoint an independent counsel to investigate 
     further. In its report on the investigation, the House 
     Committee wrote: ``the failure of the Attorney General to 
     follow the law and appoint an independent counsel for the 
     entire campaign finance investigation has been the subject of 
     two sets of Committee hearings. FBI Director Louis Freeh and 
     the Attorney General's hand-picked Chief Prosecutor, Charles 
     LaBella, wrote lengthy memos to the Attorney General advising 
     her that she must appoint an Independent Counsel under the 
     mandatory section of the Independent Counsel Statute. . . . 
     Until an independent counsel is appointed in this matter, the 
     American people cannot be assured that the same standards of 
     justice will be applied to the President and Vice-President 
     as apply to every other citizen.'' (Investigation of 
     Political Fundraising Improprieties and Possible Violations 
     of Law, Interim Report, H.R. Rep. No. 105-829, Sixth Rep., 
     Vol. 1, at 3 (1998))
       Following these two Committees' investigations, I chaired a 
     special task force to examine whether the Justice Department 
     fulfilled its responsibilities in investigating these 
     matters. That lengthy investigation of the campaign finance 
     scandal included six hearings before the Judiciary 
     Committee's

[[Page 55]]

     Subcommittee on Administrative Oversight and the Courts and 
     brought to light important, previously unknown information, 
     including the fact that campaign task force head Robert 
     Conrad (who replaced Charles LaBella as the head of the task 
     force) also had recommended that Attorney General Reno 
     appoint a special prosecutor in addition to the prior 
     recommendations of FBI Director Louis Freeh and Mr. LaBella.
       After reading Mr. Conrad's report, which was only provided 
     to the Committee pursuant to a subpoena, I discovered that 
     Mr. Conrad also had recommended the appointment of a special 
     counsel. I questioned Attorney General Janet Reno during a 
     Judiciary Committee hearing about a number of Mr. Conrad's 
     findings to determine whether a special prosecutor was 
     required. For example, Mr. Conrad's report raised questions 
     as to the veracity of Vice President Gore's statements about 
     fund raising telephone calls he made from the White House. 
     According to federal law, if the money Gore raised through 
     the calls was so-called ``soft money,'' it was not a 
     contribution and was not prohibited from being raised on 
     federal property. But, if it was so-called ``hard money,'' 
     then Gore may have violated the law. Mr. Conrad had 
     questioned Gore about the issue, and Gore contended that he 
     did not know that hard money was to be raised. But, the 
     question remained as to what Gore knew when he made the 
     calls.
       I questioned the Attorney General at some length about the 
     specific facts that had been produced in the investigation of 
     Gore's statements. For example, there was evidence that four 
     witnesses testified about a meeting on November 21, 1995, 
     where Gore was in attendance, where they discussed raising 
     hard money. Evidence of this meeting supported the conclusion 
     that Gore knew hard money was the objective prior to making 
     the phone calls. (The 1996 Campaign Finance Investigations: 
     Hearing Before the Senate Comm. on the Judiciary, 106th Cong. 
     107-09 (2000)) I questioned Reno extensively about the fact 
     that she discounted the evidence from David Strauss, who was 
     the deputy Chief of Staff for Gore, who had made 
     contemporaneous notes at this November 21, 1995 meeting about 
     the discussion. Strauss had written: ``Sixty-five percent 
     soft, thirty-five percent hard,'' showing that hard and soft 
     money had been discussed at the meeting. Strauss later said 
     he could not remember what was discussed at the meeting. Reno 
     did not consider Strauss' notes because he said they did not 
     refresh his recollection. (Id. at 108) I pointed out to Reno 
     that Strauss' notes constituted competent evidence as an 
     exception to the hearsay rule as ``prior recollection 
     recorded.'' It was not determinative that Strauss said he did 
     not remember even after he looked at his notes since the 
     notes were valid evidence of ``prior recollection recorded.'' 
     (Federal Rule of Evidence 803(5)) I asked Reno if she was 
     familiar with the rule of evidence ``prior recollection 
     recorded'' and her responses indicated that she was not. (The 
     1996 Campaign Finance Investigations: Hearing Before the 
     Senate Comm. on the Judiciary, 106th Cong. 108-09, 112-113 
     (2000)) She apparently did not understand the difference 
     between ``recollection refreshed'' and ``prior recollection 
     recorded.''
       In my legal judgment, the evidence supported the 
     appointment of Independent Counsel as recommended by Freeh, 
     LaBella, and Conrad--especially if the Strauss notes had been 
     considered. Further investigation by Independent Counsel was 
     warranted to determine if favoritism had been shown to the 
     Vice President. Press reports indicate that Reno consulted 
     Holder throughout the investigation. (David Johnston, Reno 
     Aides Recommend Against Outside Counsel, Austin American-
     Stateman, Nov. 22, 1997; Deputy Attorney General Holds 
     Justice Department Weekly Media Availability, FDCH Political 
     Transcripts, Dec. 18, 1997; US Seeks to Verify Chinese 
     Campaign Influence, The Bulletin's Frontrunner, Feb. 13, 
     1998; John Bresnahan, Hatch May Hold New Hearings to Pressure 
     Reno on 1996 Campaign Finance Violations, Rollcall, May 11, 
     1998; Michael Kirkland, Reno Gets Advice from Freeh on Gore 
     Probe, United Press International, July 27, 2000) The 
     Judiciary Committee should question Mr. Holder on the issue 
     of his independence in following the facts without a 
     political bias in favoring Gore.
       A third controversial matter with which Mr. Holder was 
     involved was President Clinton's granting of clemency to 16 
     members of the terrorist organization FALN (an acronym which 
     translates to the Armed Forces of Puerto Rican Nationalists) 
     on August 11, 1999. The FALN organization had been linked to 
     over 150 bombings, threats, kidnappings, and other events 
     which resulted in the death of at least six people and the 
     injury of many more between 1974 and 1983. (Clemency for FALN 
     Members: Hearing Before the Senate Comm. on the Judiciary, 
     106th Cong. 1 (1999) (statement of Chairman Hatch)) For 
     example, four of the persons who received clemency were 
     convicted of involvement in the $7.2 million armed robbery of 
     a Wells Fargo office in 1983 (half of the money reportedly 
     ended up with the Cuban Government and was used to train and 
     finance the robbers). (Edmund H. Mahony, Clinton-Era Sentence 
     Reductions Could Trip Holder's Confirmation, The Hartford 
     Courant, Dec. 28, 2008) The grant of clemency was opposed by 
     the FBI, the Federal Bureau of Prisons, the Fraternal Order 
     of Police, victims of the FALN bombings, and two United 
     States Attorneys. (Clemency for FALN Members: Hearing Before 
     the Senate Comm. on the Judiciary, 106th Cong. 1 (1999) 
     (statement of Chairman Hatch)) In addition to the concerns 
     over granting clemency to persons convicted of being involved 
     in terrorist activities, serious allegations have been raised 
     that the normal clemency process was not followed.
       The FALN pardon process had an unusual beginning. In 1993, 
     a mass letter writing campaign was started to urge the 
     release of the FALN terrorists. The imprisoned terrorists did 
     not recognize the right of the U.S. government to hold them 
     in custody and refused to personally petition for clemency; 
     therefore, their attorneys petitioned on their behalf. One of 
     these attorneys was Dr. Luis Nieves-Falcon, who was later 
     identified as an FALN member. (Threat Assessment, U.S. Dept. 
     of Justice, Federal Bureau of Prisons, FBI Counterterrorism 
     Center, June 30, 1999. See also Draft Threat Assessment, U.S. 
     Dept. of Justice, Federal Bureau of Prisons, FBI 
     Counterterrorism Center, July 22, 1998) Although prisoners 
     typically file individual petitions for clemency, then-DAG 
     Philip Heymann's office agreed to treat the attorney-signed 
     petitions as valid petitions.
       The White House received thousands of letters from the 
     Puerto Rican community advocating for the release of the 
     terrorists, and three Puerto Rican Members of Congress, Jose 
     Serrano, Luis Gutierrez, and Nydia Velaquez, pushed for a 
     meeting with the White House to advocate for clemency. In 
     July 1994, then-Pardon Attorney Margaret Colgate Love met 
     with pro-clemency attorneys, and in 1995, she met with 
     religious leaders seeking clemency. In the spring and fall of 
     1996, Jack Quinn, the White House Counsel, also met with pro-
     clemency activists.
       In December 1996, Margaret Love sent a report to the White 
     House recommending against clemency for the FALN prisoners. 
     (Hearing on Clemency for FALN Members Before the Senate 
     Judiciary Committee, 105th Cong. 149 (Appendix, Letter from 
     Margaret Colgate Love to Charles F.C. Ruff, July 25, 1997)) 
     Later that month, White House officials met with pro-clemency 
     religious leaders. White House and DOJ officials continued to 
     meet with pro-clemency activists and the lawyers for the 
     terrorists throughout 1997, 1998 and 1999, until they were 
     pardoned on August 11, 1999.
       Mr. Holder met with the Puerto Rican Members of Congress on 
     November 5, 1997. At the meeting, Mr. Holder asked how the 
     prisoners had changed. Congressman Gutierrez promised to 
     supply in writing a statement from the prisoners on that 
     subject. After the meeting, Mr. Holder directed the Pardon 
     Attorney who replaced Margaret Love in November, Roger Adams, 
     to follow-up with Congressman Gutierrez's staff, since, 
     according to the Pardon Attorney's notes, ``[w]e are getting 
     ready to finish up our report and recommendation fairly soon, 
     and would like to have the statement on repentance to 
     include.'' (Roger Adams' Notes on DAG Holder's Meeting with 
     Puerto Rican Congressmen, Nov. 5, 1997. Roger Adams' follow-
     up telephone call notes for Enrique Fernandez and Doug 
     Scofield.)
       Mr. Holder had at least two additional meetings with pro-
     clemency advocates. On March 26, 1998, he met with President 
     Carter's pro-clemency representative, and on April 8, 1998, 
     he met with pro-clemency religious leaders. According to 
     notes from this meeting, the religious leaders provided a 
     mixed message as to whether the FALN terrorists had renounced 
     the use of violence. (Memorandum to file from Roger Adams on 
     meeting with FALN supporters, April 8, 1998) The leaders 
     provided Mr. Holder with a statement that the prisoners would 
     sign to show how they had changed. The statement, however, 
     did not contain a clear renunciation of violence. (SJC 
     Archive Document: Statement from the Puerto Rican Political 
     Prisoners)
       In the summer of 1999, Pardon Attorney Roger Adams 
     allegedly submitted to the White House a second document on 
     the FALN clemency, referred to as the ``options paper.'' 
     According to press accounts, this paper ``made no specific 
     recommendation'' regarding clemency, but it did reflect that 
     the FBI and two U.S. Attorney's Offices opposed clemency. 
     (Hearing on Clemency for FALN Members Before the Senate 
     Judiciary Committee, 105th Cong. 94-95 (statement of Chairman 
     Hatch); David Johnston, Clinton Went Against Advice on 
     Clemency, Orlando Sentinel, Aug. 27, 1999) A recent press 
     report cites an unnamed administration official who states 
     that Mr. Holder recommended the grant of clemency and asserts 
     that Mr. Holder's recommendation in favor of commutation 
     accompanied Mr. Adams' ``options paper.'' (Edmund H. Mahony, 
     Clinton-Era Sentence Reductions Could Trip Holder's 
     Confirmation, The Hartford Courant, Dec. 28, 2008) Mr. 
     Holder's alleged recommendation in favor of the commutations 
     contrasted with opposition by the FBI, the Federal Bureau of 
     Prisons, the Fraternal Order of Police, victims of the FALN 
     bombings, and two United States Attorneys. In August, the 
     terrorists were granted clemency.

[[Page 56]]

       On September 14, 1999, the Senate passed a joint resolution 
     by a vote of 95-2 stating that President Clinton should not 
     have made this grant. (S.J. Res 33, 106th Cong. (1999)) The 
     House passed a similar resolution on September 9, 1999, by a 
     vote of 311-41. (H. Con. Res. 180, 106th Cong. (1999))
       The Senate Judiciary Committee held two hearings on the 
     FALN commutations, one on September 15 and another on October 
     20, 1999. At these hearings, ten members of the Committee, 
     both Republicans and Democrats, expressed their concern over 
     these grants of clemency. Chairman Hatch stated in his 
     opening statement before the Committee: ``President Clinton, 
     who up to this point had only commuted three sentences since 
     becoming President, offered clemency to 16 members of the 
     FALN. This to me, and really almost every Member of Congress, 
     was shocking. And, quite frankly, I think I am joined by a 
     vast majority of Americans in my failure to understand why 
     the President, who has spoken out so boldly in opposition to 
     domestic terrorism in recent years, has taken this kind of an 
     action.'' (Clemency for FALN Members: Hearing Before the 
     Senate Comm. on the Judiciary, 106th Cong. 1 (1999) 
     (statement of Chairman Hatch) Then-Ranking Member Leahy 
     agreed stating: ``I did not agree with the President's recent 
     clemency decision . . . (Id. at 6 (statement of Sen. Leahy))
       Mr. Holder testified at the October 20th hearing, but he 
     refused to answer a number of questions citing executive 
     privilege. As summarized in recent press accounts, he 
     ``conceded that bombing victims were not consulted about 
     clemency, but declined to answer substantive questions, 
     including why the Office of the Pardon Attorney issued two 
     inconsistent reports and why those getting sentence 
     commutations were never pressed to provide information about 
     fugitive co-defendants.'' (Edmund H. Mahony, Clinton-Era 
     Sentence Reductions Could Trip Holder's Confirmation, The 
     Hartford Courant, Dec. 28, 2008) Mr. Holder did testify, 
     however, that the 1996 recommendation against clemency 
     existed and that following the report there were ``subsequent 
     communications'' between DOJ and the White House. (Clemency 
     for FALN Members: Hearing Before the Senate Comm. on the 
     Judiciary, 106th Cong. 97, 122 (1999) (statement of Eric 
     Holder, Deputy Attorney General)) Asserting executive 
     privilege, he would not discuss the ``options paper'' or 
     state if that document contained a recommendation. (Id. at 
     97, 120-21)
       During the hearing, the Judiciary Committee also learned 
     that victims and groups opposing clemency were not consulted 
     prior to the grant of clemency. A number of Senators 
     articulated their concern over this lack of consultation, 
     which prompted Senator Leahy to send a letter to Attorney 
     General Reno after the hearing expressing his concern over 
     the clemency process and, in particular, his alarm that the 
     victims of the FALN terrorists were not contacted prior to 
     the grant of clemency. He wrote: ``I was troubled to learn 
     through both press reports and testimony at a recent 
     committee hearing that victims of some of the bombings 
     perpetrated by the FALN were not consulted or even contacted 
     with regard to the clemency offers made to some members of 
     that organization. Indeed, one victim reported that he 
     learned of the clemency offers through a relative who had 
     heard media reports.'' (Id. at 139 (letter from Senator Leahy 
     to Attorney General Reno))
       The timing of the FALN clemency was especially curious 
     given then-recent threat assessments issued by the Justice 
     Department. In October 1999, Attorney General Reno released a 
     five-year interagency counterterrorism and technology crime 
     plan that acknowledged the threat posed by the FALN 
     terrorists. The report stated that, ``Factors which increase 
     the present threat from these groups [the FALN and Los 
     Macheteros] include . . . the impending release from prison 
     of members of these groups jailed for prior violence.'' 
     (Five-Year Interagency Counterterrorism and Technology Crime 
     Plan, Unclassified Edition, Department of Justice, Sept. 
     1999) Since this report was issued by the DAG's office, Mr. 
     Holder was questioned about the report at a press conference. 
     He stated that the report was talking about ``the possibility 
     that people from among other groups, the FALN, were going to 
     be released over the next few years.'' (Email from Patrick 
     O'Brien with Talking Points and Press Conference Excerpts, 
     Oct. 21, 1999)
       Another matter worthy of consideration during the hearing 
     concerns the circumstances of Margaret Love's departure from 
     the Pardon Office. Margaret Love served as Pardon Attorney 
     from 1990 to November 1997. Ms. Love, 20-year veteran of the 
     Department, was removed from office by Mr. Holder based on 
     charges of mismanagement after she recommended against the 
     commutations of the FALN terrorists and shortly after Mr. 
     Holder was confirmed as DAG in July 1997. She was replaced by 
     Roger Adams, a member of Mr. Holder's staff. I believe 
     questions surrounding her removal from office should be 
     raised with Mr. Holder.
       It is significant that, on these three matters, Mr. Holder 
     overruled the advice of career professionals. With regard to 
     the Rich and Green pardons, Mr. Holder told White House 
     counsel Beth Nolan that he was ``neutral, leaning towards 
     favorable'' on the pardon despite the express opposition of 
     the U.S. Attorney for the Southern District of New York, the 
     career attorneys who prosecuted the case, and the FBI. 
     Further, prior to Mr. Holder's statement to Ms. Nolan, pardon 
     attorney Roger Adams had contacted Mr. Holder to express his 
     concerns regarding Rich's fugitive status and the charges for 
     arms trading.
       In the FALN commutations matter, press accounts indicate 
     the Mr. Holder submitted a recommendation in favor of those 
     clemency requests even though the initial recommendation by 
     Pardon Attorney Margaret Love opposed the commutations and 
     the grants were opposed by the FBI, the Federal Bureau of 
     Prisons, the Fraternal Order of Police, victims of the FALN 
     bombings, and two United States Attorneys.
       Finally, while the record is unclear as to Mr. Holder's 
     precise role in the campaign finance investigation, it is 
     clear that Attorney General Reno consulted Mr. Holder on 
     these matters and that the recommendations of the heads of 
     the campaign finance special task force, Charles LaBella and 
     Robert Conrad, as well as the recommendation of FBI Director 
     Louis Freeh, for the appointment of Independent Counsel were 
     overruled.
       These matters require further questioning. In two of them, 
     Mr. Holder appears to be serving the interests of his 
     superiors. There is an underlying issue about Mr. Holder not 
     following the recommendations of career attorneys. As Senator 
     Leahy and I noted in our op-ed ``the attorney general must be 
     someone who deeply appreciates and respects the work and 
     commitment of the thousands of men and women who work in the 
     branches and divisions of the Justice Department day in and 
     day out, without regard to politics or ideology, doing their 
     best to enforce the law and promote justice.'' It is to be 
     expected that politically appointed federal officers will not 
     always follow the advice of career staff, but this pattern is 
     troubling.
       In raising these concerns, I am not passing judgment on the 
     nominee. I am prepared to give Mr. Holder a full opportunity 
     to explain his past actions and convince the Committee and 
     the Senate that his record warrants confirmation. Indeed, it 
     may be helpful for him to have advance notice of these 
     specific concerns of mine to give him notice so he can 
     prepare for the hearing. With considerable experience in 
     confirmation hearings, including eleven Supreme Court 
     nominations, I have learned to keep an open mind without 
     prejudgment until the nominees have had their ``day in 
     court''--that is in the Judiciary Committee hearing.

                          ____________________




        SEC INVESTIGATION INTO PEQUOT CAPITAL MANAGEMENT TRADING

  Mr. SPECTER. Mr. President, the Finance Committee, under the 
chairmanship of Senator Grassley in the 109th Congress, and the 
Judiciary Committee, under my chairmanship in the 109th Congress, 
conducted an extensive inquiry into allegations of insider trading. The 
issue is succinctly framed in a letter which I wrote to Christopher 
Cox, Chairman of the Securities and Exchange Commission, in a letter 
dated December 24, 2008. I ask unanimous consent that the full text of 
this letter be printed in the Record at the conclusion of my statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. SPECTER. The matter could be most succinctly articulated by 
quoting from parts of this letter as follows:

       Dear Chairman Cox:
       Senator Charles Grassley and I have already issued public 
     findings concerning the Securities and Exchange Commission's 
     . . . investigation into Pequot Capital Management's . . . 
     suspicious trading.

  Referring to insider trading.

       These findings also criticized the original Office of 
     Inspector General's report, which essentially ignored former 
     SEC investigator Gary Aguirre's complaints of political 
     influence in the Pequot investigation . . . after the new SEC 
     Inspector General, David Kotz, largely agreed with our 
     findings and recommended disciplinary action against Mr. 
     Aguirre's supervisors up to the Director of Enforcement, the 
     SEC selected an initiating official who, in a matter of days, 
     found that disciplinary action was unwarranted. That official 
     was described in press accounts as an Administrative Law 
     Judge, and it was not until further inquiry that the SEC 
     admitted she was not acting in a judicial capacity in issuing 
     her decision. I am now writing because recent events provide 
     the SEC with an opportunity to make good on its Pequot 
     investigation, despite having . . . closed the case in 
     November 2006.
     . . . The investigation centered, in part, on evidence that 
     David Zilkha, a Microsoft employee who joined Pequot in April 
     2001 and separated from Pequot in November 2001, may have 
     given Arthur Samberg, Pequot's CEO, inside information 
     regarding Microsoft.
       Documents recently filed in a Connecticut divorce case 
     (Zilkha v. Zilkha) disclose that

[[Page 57]]

     Pequot has made or promised to make payments of $2.1 million 
     to Mr. David Zilkha. On December 1, 2008, and December 16, 
     2008, Pequot and Pequot CEO Arthur Samberg filed motions for 
     protective orders, and the state court has scheduled the 
     hearing on those motions for January 16, 2009.
       On December 10, 2008, Senator Grassley and I requested from 
     Pequot and Mr. Samberg all records related to the payments to 
     Mr. Zilkha, as well as an explanation of the payments. On 
     December 17, 2008, Mr. Samberg responded that the payments to 
     Mr. Zilkha were for the purpose of ``settling a civil claim 
     related to his employment and termination by Pequot.'' Mr. 
     Samberg enclosed a few documents, but we have requested 
     additional records, and have asked for a complete production.
       Given the troubled history of this case, the SEC should 
     also be seeking answers as to any payments made to Mr. Zilkha 
     by Pequot. I therefore write to strongly urge the SEC to 
     consider filing pleadings in the Connecticut action, so that 
     the court will have all relevant information when it 
     considers the Pequot and Samberg motions for protective 
     orders.

  In essence, we have serious allegations of insider trading. We have 
the Inspector General of the SEC recommending serious disciplinary 
action. We have the matter being papered over by the SEC on what 
purported to be new conclusions reached by the administrative law judge 
where, in fact, the individual was not an administrative law judge. And 
now we find $2.1 million in payments or promised payments to an 
individual who may have been in the position to provide insider 
information. The matter is coming before a court in a domestic 
relations case, but that provides an opportunity to find those facts.
  This letter has not been answered, and I am taking this occasion to 
put it into the Congressional Record in the hopes that we may have some 
action by the SEC which will be calculated to get to the bottom of this 
matter. Certainly, this is something that ought to be of major concern 
to the Securities and Exchange Commissioners, to the Chairman, and to 
the SEC, generally.
  The Finance Committee and the Judiciary Committee, through the 
efforts of Senator Grassley and myself, have gone to very substantial 
lengths to deal with this issue. Oversight by the Congress is very hard 
to pick up these complex matters and get into them, but a lot of work 
has been done, and we are still undertaking to try to get to the bottom 
of the allegations of insider trading. The issue now has turned to be 
greater than insider trading on one specific matter, but to the 
integrity of the SEC itself, in pursuing these kinds of allegations and 
in following the facts wherever they may lead.
  Chairman Cox has limited additional tenure, but there is sufficient 
time for him to act if he will, and if he will not, Senator Grassley 
and I may seek to intervene ourselves. This is something which is the 
primary responsibility of the SEC, and it would be my hope that 
Chairman Cox would act on this matter to intervene, file an amicus 
brief, find out what the facts are on that $2.1 million to get to the 
bottom of these serious allegations of insider trading.

                               Exhibit 1

                                                      U.S. Senate,


                                   Committee on the Judiciary,

                                Washington, DC, December 24, 2008.
     Hon. Christopher Cox,
     Chairman, U.S. Securities and Exchange Commission, 100 F. 
         Street, N.E., Washington, DC.
       Dear Chairman Cox: Senator Charles Grassley and I have 
     already issued public findings concerning the Securities and 
     Exchange Commission's (``SEC'') bungled investigation into 
     Pequot Capital Management's (``Pequot'') suspicious trading. 
     These findings also criticized the original Office of 
     Inspector General's report, which essentially ignored former 
     SEC investigator Gary Aguirre's complaints of political 
     influence in the Pequot investigation. You welcomed our 
     findings and worked to implement our recommendations. 
     Nonetheless, after the new SEC Inspector General, David Kotz, 
     largely agreed with our findings and recommended disciplinary 
     action against Mr. Aguirre's supervisors up to the Director 
     of Enforcement, the SEC selected an initiating official who, 
     in a matter of days, found that disciplinary action was 
     unwarranted. That official was described in press accounts as 
     an Administrative Law Judge, and it was not until further 
     inquiry that the SEC admitted she was not acting in a 
     judicial capacity in issuing her decision. I am now writing 
     because recent events provide the SEC with an opportunity to 
     make good on its Pequot investigation, despite having 
     precipitously and unjustifiably closed the case in November 
     2006.
       In 2006, the SEC closed its investigation of April 2001 
     trading by Pequot in Microsoft stock. The investigation 
     centered, in part, on evidence that David Zilkha, a Microsoft 
     employee who joined Pequot in April 2001 and separated from 
     Pequot in November 2001, may have given Arthur Samberg, 
     Pequot's CEO, inside information regarding Microsoft.
       Documents recently filed in a Connecticut divorce case 
     (Zilkha v. Zilkha) disclose that Pequot has made or promised 
     to make payments of $2.1 million to David Zilkha. On December 
     1, 2008, and December 16, 2008, Pequot and Pequot CEO Arthur 
     Samberg filed motions for protective orders, and the state 
     court has scheduled the hearing on those motions for January 
     16, 2009.
       On December 10, 2008, Senator Grassley and I requested from 
     Pequot and Mr. Samberg all records related to the payments to 
     Mr. Zilkha, as well as an explanation of the payments. On 
     December 17, 2008, Mr. Samberg responded that the payments to 
     Mr. Zilkha were for the purpose of ``settling a civil claim 
     related to his employment and termination by Pequot.'' Mr. 
     Samberg enclosed a few documents, but we have requested 
     additional records, and have asked for a complete production.
       Given the troubled history of this case, the SEC should 
     also be seeking answers as to any payments made to Mr. Zilkha 
     by Pequot. I therefore write to strongly urge the SEC to 
     consider filing pleadings in the Connecticut action, so that 
     the court will have all relevant information when it 
     considers the Pequot and Samberg motions for protective 
     orders. Please respond as to whether the SEC will take such 
     an action. I also ask that you notify me immediately if the 
     SEC reopens its investigation or takes any enforcement action 
     in light of this new evidence.
           Sincerely,
                                                    Arlen Specter.

  Mr. SPECTER. Madam President, in the absence of any other Senator on 
the floor seeking recognition, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mrs. McCaskill). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Salazar.) Without objection, it is so 
ordered.

                          ____________________




                        ISRAEL AND GRIFFIN BELL

  Mr. ISAKSON. Mr. President, I rise for a few moments to address two 
subjects, the first will be about Israel and the second about the 
passing of Griffin Bell.
  All of us are deeply concerned with the conditions in the Middle 
East, most recently in the last 12 days, the actions in Gaza, the loss 
of human life and the conflict.
  But there is a necessary perspective we all must understand. In 
November of 2007, I stood at the last Israeli outpost overlooking Gaza. 
In fact, if you watch Fox or CNN or NBC or ABC tonight, where you will 
see those reports coming from, I stood on that very spot just a little 
over a year ago.
  Also, I went to Sderot, the Israeli settlement outside Gaza, that 
since mid year last year has received 1, 2, 3, 10, 15 missile attacks, 
random attacks coming out of Gaza dropping on this Israeli settlement 
for no reason at all but the absolute ability or desire to terrorize 
the Israeli people and destroy that settlement.
  What Israel has done by moving into Gaza is a major military 
operation. In some reports that you see on television or you read about 
in the papers, you would think it was unprovoked and unnecessary. The 
opposite is true. It has been provoked for 15 months by Hamas in Gaza. 
The Israelis have finally drawn a line in the sand and they have moved 
in to try to protect the best interests of their citizens.
  For perspective, Gaza and Sderot are a little bit like Arlington and 
Washington. You are not talking about a large land mass, you are 
talking about a very narrow, tight area. It would be similar to South 
Carolina and Georgia lobbing missiles back and forth.
  What would happen if one of those States did it? We would immediately 
react to protect our citizens and protect their lives and their 
livelihoods. That is what Israel is doing.
  I pray every night that somehow and some way we can be a catalyst for 
ultimately a lasting peace in the Middle

[[Page 58]]

East. But surrendering to terrorism or the acts of terrorism such as 
Hamas has been taking out on the Israeli people is no way to go. I 
support the Nation of Israel. I believe they are doing the right thing 
to confront head-on the terror that has been imposed on them.
  It should not be lost on any of us that the supplies that have gotten 
into Gaza through what is known as the Eisenhower Passageway, which is 
from Egypt into Gaza, have been military materials being flown in and 
then taken in through tunnels basically by operatives of Iran. Just as 
what happened in Lebanon a year ago with Hezbollah and the Lebanese, 
the same thing is happening today between Gaza and the Palestinians and 
the Israelis.
  The catalyst for the conflict is another nation, Iran. It wants to 
diffuse the focus on its producing of nuclear weapons and instead keep 
turmoil in the Middle East to use it to its benefit.
  As a member of the Foreign Relations Committee, I take very seriously 
my responsibility to look upon every nation in this world as a nation 
we should respect, as a nation we should dialogue with, and as a nation 
we should work with. But we cannot and we must not turn our head away 
from a nation that is causing terror to be invoked against innocent 
people such as Iran is doing against Israel through the Palestinians in 
Gaza.
  So I hope and pray these difficulties end tonight. I hope and pray 
there is not another loss of life. But as long as Hamas is unwilling to 
enter into a meaningful peace, a meaningful effort to stop the terror, 
one that can be trusted and verified, then Israel is doing precisely 
what it should be doing in the best interests of its people. It is 
doing no less than we in this Congress and America would do were we 
attacked in the same way in the same time. In the first part of my 
remarks, I stand in solidarity with the people of Israel in hope and 
prayer that the hostilities end but not because of surrender; because 
ultimately we confront terror and get people to lay down their arms, 
not for a day, not for a cease-fire but for generations to come.
  The second subject is, for me, a very sad subject but also a subject 
that brings a lot of joy to my heart. There is a great American by the 
name of Griffin Bell, known to many people in this room. I know you, 
Mr. President, being a former Attorney General in the State of 
Colorado, are familiar with Griffin Bell's record and jurisprudence in 
the United States for the last 75 years.
  Griffin Bell first rose to prominence in America when Jimmy Carter 
brought him from Georgia to become the Attorney General of the United 
States of America. He brought him in at a critical time in our 
country's history because Griffin Bell had done unbelievable things as 
a lawyer during difficult times in the South.
  Griffin Bell was the man whom Andy Young and the civil rights 
leadership of Atlanta and Ivan Allen, the mayor of Atlanta, turned to 
to write the plan for the desegregation of the Atlanta public schools. 
It was Griffin Bell who, as a lawyer but more so as a human being, 
worked through the difficult stress of those times of integration and 
the enforcement of the Brown v. Board of Education ruling, to see to it 
that separate but equal ended and equal access to education prevailed 
for all.
  He did it in a way where Atlanta was one of the few major cities in 
America that had no violence, no conflict, and no academic loss because 
of the imposition of the desegregation guidelines that were imposed by 
the courts.
  Griffin Bell did something no one thought could be done. It was 
because of his ability to do that and find common ground and find 
understanding that Jimmy Carter brought him to Washington, DC, and 
appointed him Attorney General.
  When Griffin left and went back to his law firm of King & Spalding in 
Atlanta, there was not a single thing that happened in our major 
capital city and our State for four decades that Griffin Bell was not a 
major player and a major part of.
  During Olympics, when they came to Atlanta in 1996 and there were 
difficulties, to whom did the Olympic committee go to weed through the 
minefield of Washington to get the security assistance necessary for 
the Olympics and Atlanta? It was Griffin Bell.
  When there was a company that was in need of a forensic audit by a 
legal man who would come in and clean up a problem in their company, 
such as E.F. Hutton did, whom did they call? They called Griffin Bell. 
For the better part of the last six decades, Griffin Bell has been the 
most prominent lawyer in the State of Georgia and I would suggest one 
of the most prominent lawyers in the United States of America. His mark 
has been left on countless hundreds of thousands of lives in our 
country. Sadly, at 9:45 a.m. yesterday morning in Piedmont Hospital, 
Griffin Bell passed away. I know where he is now. He is in heaven and 
he is looking down. He would be the last person to want anybody in the 
Senate or the House or anywhere else bragging about him. But I sing his 
praise for the greatness he did for our State and the greatness he did 
for his country.
  To his children and to his wife, I pass on my sincere condolences and 
my thanks for the support they gave to a great father and a great 
Georgian, Griffin Bell.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REED. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       TRIBUTE TO CLAIBORNE PELL

  Mr. REED. Mr. President, this evening I have the privilege of joining 
my friend and colleague from Rhode Island, Senator Sheldon Whitehouse, 
to say a few words about our esteemed predecessor, Senator Claiborne 
Pell.
  Senator Pell served 36 years in the Senate--the longest serving 
Senator in the history of Rhode Island. He was elected in 1960, along 
with his friend and young Democrat John F. Kennedy. They brought a new 
spirit, a new vision, new hope to America. He served until 1997, when I 
had the distinct honor and, indeed, privilege of succeeding him as a 
Senator from Rhode Island. He was an extraordinary gentleman, and he 
will be missed by all Rhode Islanders and, indeed, by this Senate.
  I was honored yesterday to be asked by Nuala Pell to say a few words 
at his services in Newport, RI. First, I obviously pointed out that 
Claiborne's public service was sustained and inspired by his wife and 
his family. Nuala and all of their children were the support, comfort, 
and the meaning in his life. We owe them our thanks as well for his 36 
distinguished years of service in the Senate.
  Claiborne Pell was a remarkable individual. He was born to great 
wealth and privilege, but he had an abiding affinity for the average 
guy. I sense that part of that was at a critical moment in his life, 
before Pearl Harbor, when the war clouds were gathering in Europe and 
Asia. He had graduated from Princeton, but he knew he had to serve. 
Because of his prestige, because of his family, he could easily have 
secured a safe posting somewhere. He chose instead to join the U.S. 
Coast Guard as an enlisted cook, to sail the North Atlantic on deadly 
convoy routes bringing needed supplies to Great Britain. There, he 
worked with other young Americans, without pretense, without 
preference. There, he understood the great talent, the great power of 
Americans, that if they had opportunity, if they could better 
themselves through education, they would be extraordinarily important 
to this Nation and they would be able to provide a better life for 
their families. They could, indeed, seize and realize the American 
dream.
  Many people had that experience in World War II, but Claiborne used 
to it shape his entire public life. He served in the diplomatic corps, 
but by 1960 he was committed to serving the people of Rhode Island, and 
he entered the primary against two venerable, well-known, distinguished 
Rhode Island Democrats, Dennis J. Roberts, former Governor, and J. 
Howard McGrath, former U.S. Senator, a former Solicitor

[[Page 59]]

General, former Attorney General in the Truman administration. Young 
Claiborne Pell won because he struck a cord with the people of Rhode 
Island, because he was able to translate his feeling for opportunity, 
for the privilege that education bestows on every person, to the people 
of Rhode Island. He and Nuala campaigned and won, and then for 36 years 
they served with such distinction, with such honor, and brought such 
credit to our State.
  He is best known as the author of the Pell grant, which provides 
grants to students to go to higher education, but he did so much more 
in the field of education. He was involved in numerous reauthorizations 
of the Elementary and Secondary Education Act. He labored over these 
provisions to make sure young Americans were prepared for college. He 
was also the author of the national sea grant college grant. Just as we 
have land grant colleges dating back to the Moral Act of the 1860s, 
Claiborne said we should have a sea grant act that would allow the 
sciences of the oceans, maritime sciences, to be taught, to be 
explored, to be investigated on college campuses.
  He did so much. In addition to his dedication to education, he also 
was the creator of the National Endowment for the Arts and the National 
Endowment for the Humanities in 1965. He understood that in the great 
sweep of time, our military power might fade, our economic power might 
fade, but the power of our ideals, as expressed in our literature, in 
our arts, would continue to move the world. And in order to make that 
access possible, not for the well-to-do but for everyone, he created 
the notion of a National Endowment for the Arts and Humanities.
  Thinking back in preparation for my words yesterday, I thought of how 
often his life intersected with mine, starting at 10 years old in 1960. 
I saw the motorcade rushing by my grammar school with John F. Kennedy 
and Claiborne Pell in those final days of the campaign. But in regard 
to the National Endowment for the Arts, my first exposure to theater--
and I was the proud son of working-class Cranstonians in Cranston, RI--
was Project Discover in which Trinity Repertory Company brought 
students in to see an act from Richard the II. That was all part of the 
vision Claiborne had of giving people an opportunity to explore the 
arts, to find their talent. He did it remarkably well.
  Today, these two institutions endure. They provide access for 
millions of Americans to the arts, to the humanities. They have 
encouraged creativity, and all of it is a tribute to Claiborne Pell.
  He was perhaps most recognized in international affairs for his 
staunch support of the United Nations. Yesterday, one of the eulogists, 
President Clinton, pointed out that every time he saw Claiborne Pell, 
as President, Claiborne would take out from the back pocket a worn copy 
of the U.N. Charter which he carried and point out to him the value of 
the United Nations, the value of collective security. He was there in 
San Francisco in 1945 when the U.N. was created. He was there in New 
York City 50 years later for its 50th anniversary.
  But his notion of a powerful America leading the world, not standing 
apart from it, his notion that our values, our system, our commitment 
to human decency would prevail in the face of Soviet totalitarianism 
and other forms of totalitarianism was wisdom of the ages. In his 
service on the Senate Foreign Relations Committee, he not only espoused 
those views, every day he reminded us our destiny would take us far 
beyond what simply a military operation or our economic power might 
because of our ideals, because of our commitment to multinational 
support of creating a world community--a remarkable man.
  He was someone who left and has left an indelible mark on Rhode 
Island and Rhode Islanders. As I mentioned yesterday, I had the 
privilege of witnessing this profound bond so many times. We have a 
parade each Fourth of July in Bristol, RI. It is the largest parade in 
Rhode Island. One hundred thousand people, which is about a tenth of 
the population of our State, gathers for it. It is the oldest 
consecutive Fourth of July parade in our country. To walk in that 
parade is a great honor. But to walk with Claiborne Pell is an 
extraordinary experience. For the first few steps, you pretend the 
cheers are for you, but that quickly fades because, mile after mile, 
people rush up and say: Thank you, Senator Pell. Thank you, Senator 
Pell. Thank you for the help when I needed it. Thank you for the Pell 
grant. Thank you for being the ideal public servant. Then you would see 
parents lift toddlers and say: There goes a great man, Claiborne Pell.
  Well, he has touched us and he has made us so much better. I had the 
rare privilege and opportunity yesterday to say, on behalf of the 
people of Rhode Island, something all of my fellow citizens wanted to 
say as soon as they heard the news, as soon as they realized the great 
light of Claiborne Pell had dimmed; and those are two simple words: 
Thank you, Senator Pell.
  Mr. President, now I would like to yield the floor to my colleague 
and friend, Senator Sheldon Whitehouse, who is someone who is molded in 
the image of Claiborne Pell, someone who understands, as Senator Pell 
did, that opportunity is the engine that drives America, that our great 
skills have to be harnessed to a higher purpose. It is such a privilege 
and pleasure to serve with him. And not only that, but he has been a 
dear and personal friend of the Claiborne Pell family for many years, 
indeed generations. I yield to my colleague.
  The PRESIDING OFFICER. The junior Senator from Rhode Island.
  Mr. WHITEHOUSE. Thank you, Mr. President. And I say to Senator Reed, 
thank you.
  I rise in honor of a great friend and mentor. I look around me at a 
room that just this morning was filled with Senators. It was a crowded 
Senate floor, with packed galleries, as a group of bright and promising 
new Senators began their careers, with all that joy and hope.
  Now, as my senior Senator, Jack Reed, and I speak, the room is quiet, 
the galleries are mostly empty, and colleagues are gathering in 
remembrance because yesterday Rhode Island saw the sunset on a Rhode 
Island era with the funeral of our friend, Senator Claiborne Pell.
  I am deeply honored by Senator Reed's kind words, and he has a unique 
position as the successor to Senator Pell.
  It must be an interesting feeling to have served in the Senate for 36 
years, to have loved this institution, to have accomplished 
extraordinary work in this institution, and then to walk away and leave 
your seat to a new, young Senator to replace you.
  Senator Pell had great confidence in Senator Reed from the very 
beginning. He was, indeed, able to assure that there was no primary to 
succeed a seat that was open for the first time in 36 years, and it was 
because of his confidence in Jack Reed that he put in that effort. I 
know firsthand how extraordinarily proud he was of the Senator Jack 
Reed has shown himself to be.
  We in Rhode Island are a little, tiny State, but over the years we 
have had some towering and remarkable Senators. Claiborne Pell, 
obviously, was one. John Chafee was one. John O. Pastore was one. 
Theodore Francis Green was one. Even the gentleman once known as the 
general manager of the United States, Nelson Aldrich of Rhode Island, 
was a towering presence. Certainly, Senator Reed has shown himself to 
have joined that pantheon. I probably have another 10, 20 years of work 
before I get there, but I will keep trying. But certainly Senator Reed 
is in that category, and I am deeply honored by his kind words.
  Many in this body knew Claiborne Pell and served with him. I wish to 
say on behalf of Rhode Islanders who watched the service yesterday how 
grateful we are to Majority Leader Reid, Majority Whip Durbin, 
Claiborne Pell's dear friends, Ted Kennedy and Joe Biden, and Senators 
Pat Leahy, Dick Lugar, Orrin Hatch, Chris Dodd, Jeff Bingaman, John 
Kerry, and Joe Lieberman, all of whom honored Senator Pell by attending 
the funeral. Of

[[Page 60]]

course, I give special thanks to President Bill Clinton, who came to 
Rhode Island, a place where he is beloved, and spoke for his departed 
friend.
  Senator Pell was there for me in my own career at key junctures in so 
many important ways, and I should give him credit and in front of all 
my colleagues express my deep gratitude for what he did. He recommended 
me to President Clinton for appointment as U.S. attorney. After I 
served my term as U.S. attorney, I ran for attorney general. I served 
with the Presiding Officer, Senator Salazar of Colorado, as an attorney 
general.
  I had a three-way primary for attorney general. Claiborne Pell 
endorsed me in the primary. He actually did a television ad with me. In 
his 36 years in the Senate, he wanted no part ordinarily of primaries. 
For two people he got involved in a primary and endorsed a candidate. 
One was me. The other was Congressman Patrick Kennedy. It is almost 
unimaginable what a difference it made in my fledgling campaign, my 
first bid for elective office in the Democratic primary to have a man 
of Senator Pell's towering reputation stake his reputation on me and 
express that kind of confidence. It is something for which I am 
indebted to him and to his memory and to his family forever.
  To me and to so many people in the Ocean State, Claiborne Pell was a 
mentor and an example, a leader whose vision, grace, and authentic 
kindness left an indelible imprint.
  He was born in New York City in 1918, and he first came to the Senate 
in 1961, after a colorful primary battle, described by Senator Reed, 
that pitted him as an essential unknown against two established 
Democratic powerhouses: Dennis J. Roberts and J. Howard McGrath, 
contending for the seat that was being vacated by Theodore Francis 
Green.
  It did not look good. Pell was the ultimate outsider. He was so much 
the underdog in that race that John F. Kennedy, who was running for 
President at the time--and who knew Claiborne quite well because he was 
a dear friend of Mrs. Kennedy, Jacqueline Bouvier Kennedy, and was in 
Rhode Island a good deal because of her family associations with Rhode 
Island; so he knew Claiborne Pell quite well--he called him the least 
electable man in America.
  At his funeral yesterday, I saw Pell buttons from that race back in 
1961 on mourners' lapels.
  The Providence Journal described the race that ensued as ``the first 
modern political campaign the state had seen.'' Senator Pell invested 
his own money in television ads and polling, and he won the Democratic 
primary. He was the first unendorsed candidate in the history of Rhode 
Island to ever win a Democratic primary.
  He went on to win the general election. He won it by the largest 
margin ever at the time, 69 percent of the vote. To his great 
satisfaction, more Rhode Islanders voted for Claiborne Pell in that 
election than voted for John F. Kennedy--so much for being the ``least 
electable man in America.''
  The fact that John F. Kennedy road on Claiborne Pell's coattails was 
a point Claiborne Pell, in his quiet way, loved to remind President 
Kennedy of whenever the opportunity presented itself.
  Of course, Rhode Island, in that election, got its first look at the 
one-of-a-kind political temperament that was to define Senator Pell for 
the rest of his life: courteous, innovative, and always quietly 
humorous.
  Senator Pell looked back on that election in an interview with the 
New York Times, and he said this:

       I remember my first campaign. My opponent called me a cream 
     puff. That's what he said. Well, I rushed out and got the 
     baker's union to endorse me. Frankly, I think a little bit of 
     humor is sorely lacking now.

  How many people in today's politics being called a cream puff would 
go out and get a baker's union endorsement rather than trying to find 
some other way to hit back?
  Claiborne Pell believed, as he once told the Providence Journal, 
something that is so important:

       [T]hat government--and the federal government in 
     particular--can, should and does make a positive impact on 
     the lives of most Americans.

  He lived by that observation, and certainly Senator Pell's positive 
impact on the lives of the people he served will be remembered for 
generations.
  Two years after taking office, Senator Pell sponsored legislation 
that became the Basic Educational Opportunity Grant, now known, thanks 
to its champion, as the Pell grant. At the time, the Nation's colleges 
wanted Federal aid for themselves, but Senator Pell wanted the aid to 
go directly to students.
  He enlisted in the Coast Guard 4 months before Pearl Harbor, serving 
in the North Atlantic and the Mediterranean, and after that he used the 
GI bill scholarship to get an advanced degree from Columbia University.
  The GI bill showed him the transformative power of a college 
education, and Claiborne Pell resolved then that all Americans would 
have the opportunity for a college education that he and millions of 
veterans had received after World War II.
  So every year in September a new group of students goes off to 
college, and we see anew the work of Senator Pell, enlivening millions 
of young Americans who use Pell grants to pursue their dreams. In 2008, 
this Pell Grant Program was nearly 5.6 million grants, worth $16.4 
billion--all from his idea.
  I am delighted the distinguished Senator from Colorado is presiding 
at this moment because I remember in Rhode Island a few years ago I was 
at an event with a number of Senators, and the distinguished Senator 
from Colorado, now our Interior Secretary designate, was present. 
Senator Pell came to the event. He was very disabled, and he came in a 
wheelchair. I went over to greet him. Senator Salazar--I say to the 
Presiding Officer, you will remember this--also came over to greet him. 
He took his hand, and he told him: Senator, my brother and I went to 
college because of the Pell Grant Program. Now here I am standing in 
front of you as a Senator, thanks to the vision and foresight you 
showed years ago--your vision that every American should have the dream 
of higher education at their disposal. I say to the Presiding Officer, 
you were then in your first term as a newly elected Senator.
  It was an unforgettable moment, I say to the Presiding Officer. It 
happened because Senator Pell understood the difference that higher 
education could make in the lives of America's young people--from a 
young Ken Salazar from rural Colorado, to toddlers across this country 
now who will seize the opportunities of America in years to come 
because of this man.
  Senator Pell knew that the arts, too, could transform lives. He 
authored the landmark legislation that gave rise to the National 
Endowments for the Arts and the Humanities. These institutions have 
secured a place for the culture and the arts in the public life of this 
Nation. Over the years they have helped bring poetry, drama, dance, 
painting, sculpture, song, literature, and history to millions of 
Americans.
  Of course, we New Englanders are deeply indebted to Senator Pell for 
his passion for public transportation and in particular for his long 
fight to develop for the Northeast corridor a transit system to support 
the cities of today and tomorrow. As we face the challenges of rising 
energy costs, economic recession, and urban stresses on our congested 
highways, Americans will rely more heavily than ever on systems such as 
Amtrak. Senator Pell's foresight again has served us well.
  Here in the Senate, Senator Pell is remembered for his big ideas. In 
Rhode Island, we remember him also for his gentle, generous spirit. He 
had lived all over the world. He had been honored with medals from at 
least 18 different nations. But Newport, RI, was always home. In both 
his personal and his political life, he was a consistent model of 
civility and kindness to his fellow Rhode Islanders--always, without 
fail--even sometimes at his peril.
  For example, in his final bid for reelection in 1990, Senator Pell 
reportedly insisted on warning Congresswoman Claudine Schneider, his 
Republican opponent, every time he was about to air a new television 
ad. He

[[Page 61]]

told his campaign staff that he would not permit a self-promoting press 
release to go out, chiding: ``No, no, no, we never boast.''
  In a debate I remember watching, he was given two huge political 
softball opportunities. One, he was asked to criticize his opponent, to 
critique her capacity to defeat him and serve in the U.S. Senate. The 
only thing he had to say was she has been a very fine Congresswoman. 
Then he was asked what his most significant legislative achievements 
had been during the previous term that had helped Rhode Islanders. He 
said:

       You know, I really can't think of one right now. My memory 
     is not as good as it should be.

  One would think those answers would be lethal politically, but Rhode 
Islanders loved it and they loved him for it because he was as genuine 
and as authentic as a man could be. I guess one of the great lessons of 
his life is that voters don't want you to be perfect; they want you to 
be you. They want you to be authentically who you are and from there to 
fight for them, and he certainly lived that. For his authenticity and 
gentleness of spirit, Claiborne Pell was beloved by all of us in the 
Ocean State who were privileged to know him or work with him or learn 
from his example.
  We all will miss him deeply. To his wife Nuala, to his children, Toby 
and Dallas, and their families, and to the families of his departed 
children, Bertie and Julie, I know I join my distinguished senior 
Senator and all in this body and indeed all of America in holding them 
in our thoughts and prayers.
  As his family reminded us last week, Senator Pell summarized his role 
as a Senator with seven simple words: Translate ideas into actions and 
help people. Would that all of us could have ideas as big as Claiborne 
Pell's and the strength, grace, persistence, and courage to translate 
them into action.
  I thank the Chair, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  Mr. KYL. Mr. President, would it be in order for me, before I begin 
my remarks, to compliment the Presiding Officer for his nomination to 
be Cabinet Secretary, the Secretary of the Interior, and wish him very 
well before the Senate in being confirmed and serving in that position? 
I guess that question doesn't need a response. I certainly hope it is 
in line for me to be able to say that.

                          ____________________




                            GAZA RESOLUTION

  Mr. KYL. Mr. President, I hope--and I am joined here by Senator 
Lieberman--that the Senate will have an opportunity to consider before 
this week is out a resolution we believe has been drafted by the 
majority leader and the minority leader that deals with the ongoing war 
in the Gaza Strip and that we believe needs to express the will of the 
Senate. We believe as well that a similar resolution would be voted on 
in the House of Representatives to express the will of the House. So 
then the whole world--and certainly the administration--would know of 
this body's strong support for the State of Israel and our support for 
the actions Israel is taking right now. We hope that vote can occur 
before this week is out. I wish to commend Senator Lieberman for his 
considerable leadership on this issue.
  We support this resolution. The first thing the resolution does is to 
remind people why the State of Israel had to act.
  Last February, on a trip to the Middle East, I visited the Israeli 
town of Sderot, which is about 3 miles from the border of Gaza, and I 
learned from the town's mayor of the toll taken on the residents of 
this town and neighboring cities from more than 8 years of rocket 
attacks by the Hamas terrorists. At the police station, I saw rack 
after rack of these spent rockets, the remains of the rockets that had 
been launched by Hamas against the civilian population of this city. In 
fact, about 15 minutes after we departed the city, one of these Hamas 
launched a Qassam rocket--identical to the hundreds we had seen at the 
police station--which fell on an Israeli home in town, destroying it. 
Thankfully, no one in that attack was harmed.
  Is there any doubt that if the United States were suffering an attack 
from just across the border similar to this, that we wouldn't react to 
stop that from happening? I think there is no question that we would 
act to stop this terrorism. It is our hope that the resolution would 
express our acknowledgment that a nation has the right to defend 
itself, that Israel has had to respond to this, to more than 6,300 
rocket and mortar attacks on its citizens since it fully withdrew from 
Gaza in the year 2005. In fact, this town has been suffering for over 8 
years from these attacks.
  The second point the resolution makes is that there is no equivalency 
between the actions of Hamas and Israel in this case. Israel conducts 
its military operations to spare innocent life. They have specifically 
targeted Hamas command centers and security installations and rocket-
launching sites, weapons stockpiles, and weapons smuggling tunnels. 
They have tried very hard to avoid civilian casualties. In fact, Israel 
has transmitted very specific warnings to Gazans. They have dropped 
leaflets and made phone calls to targeted areas to warn citizens to 
leave because an attack is imminent. This, of course, even means they 
lose the element of surprise and potentially put the lives of Israeli 
soldiers at risk. But Israel believes it is important where possible to 
avoid jeopardizing innocent life--quite the opposite from Hamas, which 
deliberately and cynically fires rockets from civilian areas to make it 
more difficult for Israel to target the terrorists and to increase the 
likelihood of civilian casualties when Israel does take action.
  Hamas has ignored a plea by U.N. Secretary General Ban Ki-moon on 
April 28 that:

       Civilian areas in Gaza should not be used as a base from 
     which to launch its actions against Israel.

  Dozens of mosques in Gaza have been turned into weapons storage 
facilities and Hamas command centers. In fact, an airstrike on a mosque 
in the Tel El Hawa neighborhood of Gaza City last Wednesday set off 
numerous secondary explosions caused by the arms that had been 
stockpiled in the mosque.
  Finally, Hamas openly admits that it uses women and children as human 
shields. A leading member of Hamas told Al-Aqsa TV on February 29, 
2008:

       For the Palestinian people, death has become an industry . 
     . . This is why they have formed human shields of the women, 
     the children, the elderly, and the mujahedeen, in order to 
     challenge the Zionist bombing machine.

  While targeting terrorists, Israel works to avoid a humanitarian 
crisis for ordinary Gazans as well. During the first week of Israel's 
operations, it facilitated the delivery to Gaza of 400 trucks loaded 
with more than 2,000 tons of food and medicine. This is not easy when 
you are in the middle of military operations. Ten ambulances and two 
thousand blood units were transferred to Gaza just in that week. More 
than 80 Palestinians have entered Egypt for treatment, in addition to a 
dozen or more who have entered Israel. On January 5, more than 93,000 
gallons of industrial diesel fuel and gasoline for vehicles was 
transferred into Gaza from a fuel depot in Israel. By the way, that 
fuel depot comes under constant attack from terrorists in Gaza, as does 
the place where the electricity is generated for Gaza, which, of 
course, makes absolutely no sense.
  Finally, this resolution speaks to calls for a cease-fire. Many 
voices in the so-called international community have been heard 
pleading for an immediate cease-fire, although I think it is 
instructive that one never hears those voices condemning rocket attacks 
by Hamas terrorists.
  I believe the path to a halt in the violence is clear. A cease-fire 
is appropriate if and when it is durable and sustainable. A cease-fire, 
on the other hand, that would allow Hamas to rearm and rebuild its 
support in Gaza is, of course, not acceptable. Hamas cannot be given a 
cease-fire that only serves to provide it breathing room to regroup and 
then a month or 2 months

[[Page 62]]

or 3 months from now start firing its rockets and missiles again.
  The United Nations could play a constructive role, but it must resist 
the temptation that it all too often falls into, and that is that of 
moral equivalency. I point to the press statement of the Security 
Council on December 28 which, among other things, said the parties 
should ``stop immediately all military activities.'' This is dangerous 
moral equivalency. Only one party to the violence carries out 
``military activities.'' The other party--Hamas--terrorizes and murders 
innocent people. That is why the only Security Council resolution that 
could be acceptable in this situation--and I say this with the 
understanding that the Security Council is meeting as we meet here 
today--is one that affirms Israel's right to defend itself and calls on 
Hamas to immediately stop its terrorist activity.
  I add that a Security Council resolution should look to all of those 
who support Hamas--primarily and most significantly Iran. For years, 
Iran has been the source of money, training--including training at the 
facilities of the Islamic Revolutionary Guard Corps in Iran itself--and 
weapons to Hamas. Hamas's relationship with Iran is so close that the 
Egyptian President said this past May that Hamas rule in Gaza means 
that Egypt has a ``border with Iran.''
  Since Israel launched its military operation against Hamas, Iran has 
announced stepped-up arms shipments. Senior Iranian clerics have 
organized recruiting drives to send Iranians to Hamas's aid. Just 
yesterday, a senior Iranian cleric announced that it had recruited 
7,000 Iranians to join the cause of Hamas. Yet the international 
community has taken no action to counter Iran's support of Hamas 
terrorists.
  A U.N. Security Council resolution sanctioning Iran for its 
assistance to Hamas would send an important message and would be a good 
place to start, as would unilateral sanctions by the United States.
  Let me conclude by quoting the Washington Post columnist Charles 
Krauthammer, who recently wrote one of the most precise and succinct 
observations on the situation in Gaza that I have read. He wrote:

       Some geopolitical conflicts are morally complicated. The 
     Israel-Gaza war is not. It possesses a moral clarity not only 
     rare, but excruciating.

  The Reid-McConnell resolution we expect to be introduced shortly will 
be an important reaffirmation of the bond between Israel and the United 
States. It is one forged on the basis of common values and the 
tragically shared experience of terrorism. By passing this resolution, 
we are saying to the Israeli people: We stand with you, and we support 
you in defending yourselves against terrorist attacks.
  The PRESIDING OFFICER. The Senator from Connecticut is recognized.
  Mr. LIEBERMAN. Mr. President, I wish first to thank my friend and 
colleague from Arizona, Senator Kyl, for the statement he has just 
made, which was characteristically straightforward, clear, principled, 
and passionate, about what is involved in the current crisis in Gaza 
and the opportunity this Congress has to not just stand with our ally, 
Israel--which is critically important at this moment--but to take yet 
another stand against terrorism for the rule of law, for democracy, and 
for the peaceful settlement of disputes. I could not agree more with 
everything Senator Kyl has said. I wish to add just a few words in this 
regard.
  As Senator Kyl has indicated, the United Nations Security Council was 
to convene shortly after 5 this afternoon, about an hour ago. I presume 
it has convened to hear speakers and consider resolutions on what is 
happening in Gaza today. Secretary of State Rice has gone there to 
speak on behalf of the United States, which indicates the importance of 
these deliberations. She will carry with her the policy of our 
Government since the outbreak of conflict in Gaza that I think has been 
strong and principled and consistent with the best of American values 
and, of course, consistent with our national security interest in the 
global war on the terrorists who attacked us on 9/11 because what is 
happening in Gaza is yet another battle front in the larger war against 
Islamist extremism and terrorism. It is, in another sense, also another 
battle front in the conflict going on within the Muslim world between 
the extremists and fanatics and terrorists and the majority of people 
who are more moderate, more law-abiding, obviously not violent and want 
to live a safe and a better life.
  The Government of the United States has been very clear in 
articulating a policy which I presume and have confidence will be 
expressed in these Security Council deliberations tonight and the days 
to follow. No one wants to see violence occur. Yet, as Senator Kyl has 
said so eloquently, when a country such as Israel has been attacked 
literally thousands of times with rockets fired from Gaza at innocent 
civilians over a period of years, a cease-fire is negotiated and it 
goes on for approximately 6 months--negotiated with great help from 
Egypt--and then Hamas breaks the cease-fire and begins firing rockets 
again, the Government of Israel, our democratic ally, essentially said: 
Enough is enough; we are not going to tolerate this anymore, coming as 
it is from Hamas which is an openly avowed terrorist group with the aim 
of destroying the State of Israel.
  In response to the violence, there is a natural reflex reaction heard 
often in world councils, and undoubtedly will be heard at the United 
Nations Security Council at this hour and the hours to follow, that 
there ought to be a cease-fire. I think we all have to ask ourselves: 
What is the end of a cease-fire? Of course, we don't like to see 
violence occurring, but let's remember this is being done by Israel in 
the exercise of the right of self-defense.
  The Government of the United States--being President Bush and 
everyone else who has spoken--has made very clear that, yes, the United 
States wants a cease-fire in the conflict between Israel and Hamas 
regarding Gaza but not just a cease-fire for the sake of a cease-fire 
that one side may follow and the other may not and that simply leads 
nowhere but back to the conflict that has been occurring.
  The U.S. Government has been very clear and principled about the fact 
that the cease-fire our Government seeks is one that is durable and 
sustainable; in other words, that represents a real resolution of some 
of the issues in conflict and that also deals with the smuggling into 
Gaza of additional weapons which are being used to attack innocent 
civilians in Israel.
  I know Secretary Rice will be expressing exactly this position. Yes, 
America wants a cease-fire but, no, not one that leads nowhere. We want 
a cease-fire that is durable and sustainable and will include a ban on 
smuggling, activities to carry out a ban on smuggling of weapons by 
Hamas in Gaza.
  I am very pleased, very encouraged that as the initial action of this 
Senate this year, the majority leader, Senator Reid, and the Republican 
leader, Senator McConnell, are working together in a bipartisan way--
totally bipartisan way--to bring before this body, hopefully in the 
next day or two, a resolution that does exactly what Senator Kyl has 
said: to express our unwavering commitment to the security, well-being, 
and survival of the State of Israel and recognizing its right to act in 
self-defense to protect its citizens against terrorism, that will 
reiterate again that Hamas must end the rocket and mortar attacks 
against Israel and hopefully do what the Palestinian Authority has 
done, which is to accept the right of Israel to exist and renounce 
terrorism and to begin to work toward a two-state peaceful solution.
  This resolution really will, in essence, I think, say, as Senator Kyl 
has said, in this hour of crisis to the people of Israel, our allies, 
that we will stand with you, and also say to the peace-loving 
Palestinian people that we stand with you, too, and we continue to 
support a two-state solution--Israel and a Palestinian state--living in 
peace one against the other, but the Government of the United States--
the Secretary of State, the President, but the Secretary of State who 
is at the United Nations is not speaking simply for the executive 
branch of Government but that

[[Page 63]]

the Senate, and we have reason to believe our colleagues in the other 
body, the House, will have an opportunity to say to not just the 
Israelis we stand with you, but to say to the world community that we 
as the representatives of the people of America, across party lines, 
stand together with Secretary Rice as she expresses the position of our 
Government: Yes, a cease-fire, but only one that is sustainable and 
durable and deals with the smuggling of additional weapons into Gaza. 
This will be critically important.
  I thank our leaders on both sides. I thank Senator Kyl for the work 
he has done. Again, it has been a privilege to work with him.
  I also say in a larger context that there is a lot of speculation 
about why Hamas broke the cease-fire and initiated the rocket fire 
against Israel deeper into Israel than they have ever done before. I do 
think, as Senator Kyl suggested, that the answer to that question 
probably comes as much or more from Tehran than it does from Gaza City 
and Hamas; that Hamas has become an agent of the Iranian Government. It 
is trained and supplied by the Iranians and secondarily by the Syrians. 
Therefore, there is a larger conflict being played out.
  Iran is noted by our State Department to be the most significant 
state sponsor of terrorism. The leaders of Iran regularly not only call 
for the extermination of the State of Israel, but also lead tens of 
thousands in Tehran and elsewhere in Iran in chants of ``death to 
America, death to America.'' We have long since learned from the 
lessons of history that you cannot simply ignore statements that seem 
so extreme and fanatical that they are unbelievable because very often 
the people making them do believe them, and given the chance, as we 
have seen from Osama bin Laden in recent times, who told us throughout 
the nineties exactly what he intended to do--he happened to have done 
it on 9/11, but he did it earlier in other places--we have to take 
these threats seriously.
  I want to say that a precipitous cease-fire simply for the sake of a 
cease-fire will allow Hamas to claim a victory. A victory for Hamas is 
not simply a victory for Hamas; it is a victory for Iran. And a defeat 
for Hamas, which is in reach if we allow the Israeli action to 
continue, is a defeat for Iran and a victory for the United States and 
for the forces of democracy as against terrorism and for the forces of 
moderation and the rule of law in the Islamic world as against 
fanaticism and violence.
  This is all that is being played out. This is why I am so encouraged 
this resolution is coming forward. It is, yes, a statement of support 
for our ally Israel, but it is also a statement of policy for the 
Members of the Senate, across party lines, and I hope with an 
overwhelmingly positive vote that says the security of the United 
States is on the line in how this conflict ends. We cannot let it end 
in a way that strengthens Hamas and Iran.
  I repeat, there has been a lot of speculation: Did Hamas break the 
cease-fire because of the end of the Bush administration? There has 
been some interesting speculation that has said the best thing that 
could happen for the incoming Obama administration is that Hamas be 
defeated here because then whatever happens between the new 
administration and Iran, Iran will not approach that next chapter with 
a sense of triumphant, but the country would have seen one of its major 
clients and agents of terrorism defeated.
  We have the opportunity to speak to all that on this resolution in 
the days ahead. Most immediately, I hope we will speak to the Members 
of the Security Council and in the most direct way say: We stand with 
President Bush; we stand with Secretary Rice. This is not simply the 
position of a few people at the top of the executive branch of our 
Government. This position the American Government has taken with regard 
to the crisis in Gaza is the position embraced by an overwhelming 
majority of Members of both parties of both Houses.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Whitehouse). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. COBURN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                           PAROCHIAL SPENDING

  Mr. COBURN. Mr. President, I would like to be recognized for a period 
of time. The majority leader has been very gracious to offer me an 
opportunity to have some discussions about some amendments that he is 
going to possibly allow on a bill that he is going to introduce this 
evening.
  I wanted to take some time now rather than later so that we would not 
keep staff here, and that way we could be efficient with our time. I 
want to talk about several things. I want to preface it with a 
statement, that I have been very pleased to see a man I respect a great 
deal, even though not in office as of yet, but the President-elect, be 
very firm in the principles he outlined as he ran for President and now 
is about to be sworn into that office.
  One of the themes that has characterized his campaign and has 
characterized him ever since I have known him has been the idea of hope 
and change. So I, like many other Americans, look forward in great 
anticipation to the leadership that will be brought forth in the next 
few weeks and what that means to the millions of Americans who are 
going to look to Washington this month with a level of hope and 
excitement that we have not seen in this country in decades.
  While most of the attention is going to be focused on the White 
House, the institution at the other end of Pennsylvania Avenue, this 
Congress, will arguable have a greater role in determining whether 
President-elect Obama's invocation of change is remembered as an 
election slogan or a true new era in American politics. My hope and 
prayer is it is a new era.
  While many commentators have noted, with some justification, the 
concepts such as hope and change were never defined much and were not 
given a specificity during the campaign, I believe the American people 
have already defined those concepts very clearly in their hearts and 
minds.
  I believe what hope, change, and optimism represent to the average 
voter is very simple: It is a real expectation that Washington will be 
different. Voters have not undergone an ideological shift nearly so 
much as they are demanding that Government be more competent, that we 
be more mature, that we be less corrupt, and that we be less selfish. 
That last part is one of the things that has driven us to do things 
that are not very good. The concept of self-promotion, the concept of 
promoting one's career at the expense of our country.
  I believe what both parties in Congress must do, and do very quickly, 
is ask themselves the hard question of why Congress has a historic low 
approval rating of 9 percent. Why do we have an approval rating of 9 
percent? That is according to a recent Rasmussen Poll.
  Both parties are accustomed to analyzing what they and the other 
party did right or wrong in recent election cycles, but yet neither 
party has come to terms with the fundamental public rejection of how 
Congress as an institution has governed and behaved in recent decades.
  In many respects the American people understand us far better than we 
understand ourselves. While politicians tend to believe the public is 
put off by ideologic debate, what alienates voters is the truly 
debilitating division in Congress between statesmen and those who view 
reelection as the ultimate goal.
  Careerism is not driven by any set of ideas but by pure parochialism 
and the short-term pursuit of power for power's sake. The real 
division, then, that blocks progress and commonsense solutions is not 
between ideas or parties but between every Member's self-promoted 
interests.
  The American people understand this intuitively, which is why 
Congress has

[[Page 64]]

had historic low approval ratings long before we entered this 
recession. What the public knows is that a Congress that debates ideas 
tends to develop the best solutions, while a Congress that is driven by 
careerism and parochialism builds bridges to nowhere and fails to 
conduct oversight over entities like Fannie Mae and Freddie Mac.
  In short, the American people can handle serious debate, but they 
cannot handle incompetence, corruption, stupidity, and self-interest 
put above that of the Nation. Congress's handling of an economic 
stimulus bill will no doubt be an early test. Although the policy may 
be suspect, Congress seems willing to try to avoid embarrassing the new 
President by turning the package into an orgy of parochial porkbarrel 
spending. He said today there will be no earmarks in the stimulus 
package.
  Congress's real test, though, will come next and will be repeated 
hundreds of times over the next 4 years with each piece of legislation. 
So far Congress has signaled little desire for a long-term commitment 
to change. Some would ask why would I say that? I would say that 
because here in a little while this evening we are going to reintroduce 
a bill that nobody knows right now how many other bills it has in it--
that is going to be the first order of business of this Congress--that 
allocates $10 billion, some to some very worthy projects but tons of 
that money to projects that do not have a priority anywhere close to 
what we ought to be doing.
  This is an omnibus lands bill that indulges the worst habits of a 
parochial Congress. The bill, which is a holdover from the last 
Congress, includes such things as a $3 million road to nowhere through 
a wildlife refuge, a $1 billion water project--$1 billion--designed to 
assure that 500 salmon will be repopulated. It does not take long to 
divide 500 salmon into $1 billion to see that what we have is $2 
million a salmon. They are worth more than gold. There is $3.5 million 
to give to the City of St. Augustine, FL, so they can prepare a 
celebration 6 years from now to recognize their 450th birthday. I 
hardly see, in the midst of the economic times we face, how that can be 
a priority for the Nation as a whole. I know it is a priority from a 
parochial standpoint, but is it in the best interest of the Nation?
  It has been claimed that this bill is noncontroversial, and it should 
pass essentially without amendment, without debate. However, it is to 
note that over 100 different organizations on both the left side of the 
political spectrum and the right side of the political spectrum are 
opposed to this bill because it is controversial, a point noted by the 
nonpartisan Congressional Research Service.
  The earmarks in this bill have angered many groups, as has the 
significant, anti-energy, more foreign dependence on oil programs that 
are in this bill. This bill contains a provision that will eliminate 
8.8 trillion cubic feet of known natural gas reserves, proven reserves, 
today that we will not be able to take for our consumption. What that 
means is we are going to import 8.8 trillion feet of natural gas 
because we are going to say: You cannot have this.
  It also contains 300 million barrels of proven oil that we are no 
longer going to take. We just went from $146 oil to $35 oil, $40 today. 
If we have learned anything, we ought to be about as much energy self-
sufficiency as we can. The controversy over whether we get off fossil 
fuels is a debate for another time. But no one can deny the necessity 
of us discontinuing sending our fortunes to countries that are 
supplying us oil and are also ultimately our enemies.
  The energy resources walled off by this bill will match the annual 
production levels of our two largest natural gas-producing States, 
Alaska and Texas. My worry about bringing this bill--and, again, I am 
thankful the majority leader has reached out that we might be able to 
offer amendments--is, what does this send as a signal to the American 
public? Here is what it sends. It says: There may be change in the 
White House, but there is absolutely no change in Congress. Why would 
we bring a bill that is going to spend $10 billion of our money--at 
least $9 billion of that is not a priority in terms of the priorities 
facing this Nation--why would we bring that to the floor as the first 
order of business of the 111th Congress? The only reason we could be 
bringing it to the floor is because it makes us look good at home with 
multiple parochial projects.
  If our country has a failing that will cripple us forever, it is the 
fact that we have allowed parochialism, not the oath we saw all new 
Members and newly reelected Members take today, where we uphold the 
Constitution. What we do is, we uphold the future of our own political 
careers.
  History is interesting. The 1994 Republican revolution unraveled not 
because they made a lot of big mistakes--some were made--but because 
Republicans made a ton of little mistakes they didn't realize they were 
making. The new and expanded majority will realize that with greater 
numbers comes a greater share of the responsibility and blame for 
whatever happens in this country. If we go back to that 9-percent 
approval rating, it has to do with this: Congress, we don't believe you 
are going to do at every turn, at every opportunity, what is in the 
best long-term interests for this Nation. And we are going to prove it. 
Because this bill ultimately will probably pass out of this Chamber and 
be passed, and we are going to spend, at a time when we are going to 
have a $1 trillion deficit this year, another $800 billion trying to 
stimulate the economy. We are going to say: Priority doesn't matter but 
parochialism does. Looking good at home matters more than the long-term 
interests of the country, matters more than the financial future of our 
grandchildren--my political career, my party, me, me, me.
  The historical basis of our country is built on sacrifice. It is 
built on sacrifice by one generation for the generations that follow. 
Our political history used to be that as well. My worry, my concern is 
we can't live up to the hope and the change the President-elect has set 
before us. By bringing this bill to the floor as the first order of 
business in the 111th Congress, we have confirmed to the American 
public that business as usual is business as usual, that we don't 
recognize the severity of the situation we find ourselves in, that we 
are not going to change our habits, that we will continue to promote 
those things that promote us rather than promote the long-term good and 
benefit of the country. It is pure selfishness. It is saying what I 
want and what I need and my political future or my State has to come 
above the long-term interests and the best interests of this wonderful 
country.
  The real challenge doesn't come from any of the parties. It comes 
from parochialism. The public has told Congress it is time to start 
acting in the best interest of the country rather than the best 
interest of our next election. The sooner Congress realizes change 
requires a cultural shift in both parties, the sooner that change will 
come.
  I would like to spend a moment outlining a few components of this 
bill. We have not actually gotten to see the bill, but I have been told 
by the majority leader that we have added, I think, 12 or 13 other 
bills to it. But from what we have known in the past, let me go through 
and explain to the American public what is in this bill.
  The national parks today face a severe shortage of money to maintain 
them at their current level. It is about $9.8 billion. In this bill we 
add four new national parks. The U.S. Arizona Memorial in Hawaii is 
sinking. The visitors center is sinking. We haven't put the money in to 
repair it, but yet we are going to create more national parks that will 
further dilute the maintenance budget of the National Park Service so 
we can't even maintain what we have. We have a $700 million backlog 
just on The National Mall in Washington. We didn't address any of that 
in terms of the priority of fixing that. Yet we are going to add four 
new national parks.
  We are going to add 10 new heritage areas. It is great for us to 
protect and think about the environment. But we never talk about how 
that impacts property rights, one of the rights given to us as our 
Nation was created. We are

[[Page 65]]

going to threaten that area. We are going to threaten through eminent 
domain. We are going to threaten through councils that will impact 
individual ownership of what you can do with your own property because 
you might be in proximity to a heritage area. We have 14 studies that 
would create or expand future national parks; in other words, 14 more. 
That is what we are funding in this bill. We don't have the money to 
take care of the parks we have today, but yet we are going to put into 
this and spend money to potentially create 14 more.
  There are 17 provisions in this bill that will totally prohibit any 
exploration, oil extraction, coal extraction, natural gas extraction 
from 2.98 million acres in this country, many of which have proven 
reserves underlying. There are 53 rivers that are designated or 
portions of which are designated as scenic rivers. We have a great 
scenic river in Oklahoma called the Illinois. I am glad it is a scenic 
river. But with scenic river designation comes a trampling on the 
rights of people who are far away from it. We didn't change scenic 
rivers designation in light of our energy needs. Once a river is 
designated a scenic river and we need to move natural gas or a coal 
slurry or oil from point A to point B, we are totally prohibited from 
ever doing that on a scenic river. So it is another strike at any sort 
of increasing in our independence on energy because we are going to 
designate scenic rivers. Why not designate scenic rivers with an option 
to make sure we don't handcuff ourselves when it comes to energy?
  There are 65 new Federal wilderness areas. Here is an important 
matter we came across as we studied this bill. In the United States 
today, right now, before this bill, there are 107 million acres of 
wilderness. All the developed land--cities, suburbs, towns--across the 
whole rest of the country is only 106 million acres. We are going to be 
adding to that and limiting our opportunity to the resources we have.
  There are 1,082 pages in the bill. I understand it is now 1,200 
pages. There are 1.2 million acres in Wyoming that are withdrawn from 
mineral leasing and exploration. There are 1.93 million acres of 
Federal wilderness land. There are 3 million additional acres withdrawn 
from leasing and energy exploration. There are 331 million barrels of 
oil that we know are there and we are never going to take. We are just 
going to help those who drive up our energy costs because we are going 
to know it is there but we can't touch it because we are going to make 
it off-limits. There are 592 spending and 15 new State and local water 
projects. There is nothing wrong with State and local water projects, 
as long as they are a priority, but these are earmarked, specific 
projects for specific Members. There is $10 billion of total spending 
money we don't have. We are going to borrow it.
  There are 8.8 trillion cubic feet of natural gas that we know is 
there that we will never touch. What the Department of Interior tells 
us is there is much more there, but these are the proven reserves.
  I will end my conversation, only to be continued in a more thorough 
manner as the bill actually comes to the floor by asking the American 
public: What would they hope we would do in terms of trying to change, 
trying to meet what they see as the problems in front of us? Would it 
be that we would be about passing things that are small but make us 
look good that we can't pay for or would it be that we should attend 
and address the pressing and also long-term needs of the country?
  It is about trust. The reason we have a 9-percent approval rating is 
because we are not trusted. We are addicts. We are self-indulgent 
addicts over our power.
  My query to the body and to the American people is, will you hold us 
accountable? You have to do an intervention with us, each one of us, 
every time we are home: Are you being a good steward with the limited 
dollars we have? Are you making choices that may not look good for you 
as a politician but are truly the best choice for the country? Are you 
putting yourself second and our country first? Are you acting as a 
statesman or are you acting as somebody who wants to get reelected?
  The real paradox is, with trust comes confidence. With that 
confidence comes the involvement and support of the very people we 
actually do represent.
  We have a choice. I hope the introduction of this bill does not 
portend that we will not take President-elect Obama's lead and offer 
the American people real hope, real change, that we will get away from 
our addicted self-indulgence to look good at home and start making the 
hard, tough decisions that will right our ship and put our country 
first. Anything less than that says the people who took their oath 
today and those of us who have taken it before, we violate it. We raise 
our hand and put one on the Bible and say we will uphold it, but then 
when it comes to the first tough choice, look good at home or do what 
is in the long-term best interests of the country, we swivel, we back 
down, and we opt for the short term, the self-aggrandizement, and the 
stroke on our own back. We are better than that. The people in this 
body are better than that.
  My hope is we can prove to the American people over the next 6 to 9 
months that we got the message, that it is about making the tough 
choices. It is about doing what is right in the long term. It is not 
about what makes us or our party look good; it is about what is best 
for the country as a whole.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. COBURN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Brown). Without objection, it is so 
ordered.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. COBURN. Mr. President, I would raise objection to the filing of 
the bill at the desk, the Bingaman land package.
  The PRESIDING OFFICER. Objection is heard.
  Mr. COBURN. Mr. President, I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       TRIBUTE TO CHARLES KIEFFER

  Mr. BYRD. Mr. President, I rise today to commend and congratulate one 
of the best and brightest gentlemen I have ever had the privilege of 
employing. That man is Mr. Charles Kieffer who has served as staff 
director of the Senate Appropriations Committee for the last 2 years, 
and as deputy staff director for 6 years prior to that.
  Chuck Kieffer is a marvel of intelligence, wisdom, tact, coolness, 
and an extraordinary knowledge of appropriations and budget matters. He 
is personable, polite, and a pleasure to work with. He has been 
invaluable to me, to the leadership of the Senate, and to all the 
members of the Senate Appropriations Committee. In a time of continual 
wrangling over the appropriations process, tight budgets, veto threats, 
and differences between the House and Senate, Chuck has been a steady 
leader and a working dynamo. We have been extremely fortunate to have 
the right man as staff director in very difficult times.
  Chuck also serves as the chief clerk of the Homeland Security 
Subcommittee which funds the agencies that merged to form this cabinet 
level department. In the aftermath of September 11, Chuck provided key 
advice and direction about the wisest ways to protect against future 
terrorist attacks and address the staggering destruction in New York 
State and at the Pentagon. He has worn the two hats of staff director 
of the full Appropriations Committee and clerk of the Homeland Security 
Subcommittee, which I continue to chair, with grace and with ease.

[[Page 66]]

  This really should come as no surprise. Despite his youth and 
unassuming demeanor, Chuck has served five Presidents, beginning with 
President Carter.
  Before he joined my Appropriations staff, Chuck worked at the Office 
of Management and Budget during the Reagan, George H.W. Bush, Clinton, 
and George W. Bush administrations.
  In 1978 Chuck began his government service as a Presidential 
management intern at the Department of Health, Education, and Welfare. 
From 1978-1985 he served as a budget analyst for the Department of 
Health and Human Services. From 1985-1990 Mr. Kieffer was special 
assistant to the Director of the Office of Management and Budget. From 
1990-1995, he served as chief appropriations analyst for the Office of 
Management and Budget, and from 1995-2001 he was acting associate 
director of legislative affairs at the OMB until he joined my staff as 
deputy staff director of the Appropriations Committee in 2001. In 2001, 
Chuck Kieffer won the Robert G. Damas Public Service Award.
  As I step aside as chairman of the Appropriations Committee in the 
coming days, I am thankful that Chuck has agreed to stay by my side as 
the chief clerk of the subcommittee on Homeland Security. We can all 
sleep a little more soundly knowing that such a talented person as 
Chuck Kieffer is helping to adequately and effectively fund the 
Department charged with keeping Americans safe from harm here at home.

                          ____________________




             50TH ANNIVERSARY OF SENATOR BYRD'S SWEARING IN

  Mr. DODD. Mr. President, today we begin the 111th Congress. As it is 
every two years, this is a moment for new beginnings, but also an 
opportunity to bid farewell to some dear friends of ours as they move 
on to the next chapters in their remarkable lives.
  While it is always a joy to see this moment--to see the pride visible 
in not only the Members' faces, but their families' as well--this 
year's is especially poignant for me.
  Each of the men and women who have taken this oath during my time in 
this institution has made an impression on me--influencing my life, my 
work--in one way or another.
  But 50 years ago this week, two Members were sworn in--one who is 
here today and another who remains here in spirit--each of whom had a 
singularly important impact on me:
  My father, Thomas Dodd, who represented my State of Connecticut, and 
our esteemed colleague and friend from West Virginia, Robert C. Byrd.
  I was only a boy then, but I remember that moment as if it were 
yesterday, seated with my family in the gallery above, as we looked 
down on my father, as he began what would turn out to be the final 
chapter in a public life--a life that had already taken him from 
Norwich, CT, to Washington, DC, as an FBI agent and lawyer at the 
Department of Justice; to Germany where he served as a prosecutor at 
the famous Nuremberg Trials, before returning to our Nation's Capital 
to serve in the U.S. House of Representatives.
  Fifty years later, I take no small amount of pride in noting that in 
each of these endeavors, my father proved to be ahead of his time--an 
advocate for universal health care, a proponent of sensible gun safety 
laws, an early voice warning of the effects of violence on TV and the 
dangers of drug addiction; and an insistent defender of those whose 
human rights were being denied.
  Indeed, it would not take long before a fellow freshman made his own 
mark, becoming not only this body's President pro tempore and the 
longest-serving Member in its history, but the undisputed master of 
this body's arcane parliamentary procedures, an award-winning author 
and historian and the foremost champion of sunlight in government.
  Today, as the whole world watches these historic moments, we should 
note that it was Robert Byrd who staved off the threat that the Senate 
might become ``the invisible branch of government'' by ensuring that 
our proceedings be televised.
  Some two-and-half decades ago, when I was sworn in myself, it was my 
colleague from West Virginia who handed me a small book--a pocket-sized 
Constitution. For all I know, he did this for every freshman Senator.
  His message was simple: as a Member of the Senate, you are a 
temporary custodian of this document.
  And so, I kept that book. For 28 years, I have carried it with me in 
my back pocket--Saturday, Sunday, every day of the week to remind 
myself how important this document is, the values and the principles 
that are incorporated in it.
  Senator Byrd has put it better than anyone: ``The limits that the 
Constitution places on how political power is exercised have ensured 
our freedom for more than two centuries.''
  Each of these men taught me, in different ways, that we cannot defend 
and protect the vision of the Framers if we are ignorant of the 
Constitution's history and the rule of law.
  And so today, as we look forward to the 111th Congress and all that 
we hope to achieve, may we also remember this gift that was given to 
all of us in the 86th Congress all those years ago. May it continue to 
shine for many, many more.

                          ____________________




                IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES

  Mr. CRAPO. Mr. President, in mid-June, I asked Idahoans to share with 
me how high energy prices are affecting their lives, and they responded 
by the hundreds. The stories, numbering well over 1,200, are 
heartbreaking and touching. While energy prices have dropped in recent 
weeks, the concerns expressed remain very relevant, particularly in 
light of our economic times. To respect the efforts of those who took 
the opportunity to share their thoughts, I am submitting every e-mail 
sent to me through an address set up specifically for this purpose to 
the Congressional Record. This is not an issue that will be easily 
resolved, but it is one that deserves immediate and serious attention, 
and Idahoans deserve to be heard. Their stories not only detail their 
struggles to meet everyday expenses, but also have suggestions and 
recommendations as to what Congress can do now to tackle this problem 
and find solutions that last beyond today. I ask unanimous consent to 
have today's letters printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       My wife and I are retired with fixed retirement incomes and 
     our IRAs and annuities. We live about six miles from Moscow. 
     We are now limiting our trips to town and will reduce/
     eliminate the travel we had planned this summer. We use our 
     Ford 500 that gets about 29MPG instead of our pickup as much 
     as possible. Our home is heated with wood pellets, but we 
     wonder if wood pellets will be available next fall because of 
     the failing timber industry.
       We have little hope that gas prices will decrease. Both of 
     the Presidential candidates have bought into the global 
     warming hoax and do not want to develop our oil resources. We 
     expected it of the Democrat candidate but are very 
     disappointed in John McCain's position. It is difficult to 
     believe that he thinks the liberal environmental industry 
     will vote for him because he claims to be an 
     ``environmentalist''.
       We feel that [the candidates] should visit ANWR and see 
     that it is not like the Grand Canyon. It is a frozen desert 
     where the oil resource could be developed with little impact. 
     We encourage you to help change positions on oil development. 
     [Our country] will miss a golden opportunity if they do not 
     use the ``drill here, drill now, pay less'' position. Thank 
     you for asking for our opinion.
     Ned and Arleen, Moscow.
                                  ____

       I was thrilled to hear that there was a venue for public 
     input to the increasing energy prices. I drive a VW Jetta, 
     which gets great gas mileage, and I have a decent job, but 
     the price of gasoline has caused me to reconsider many things 
     that weren't really hard decisions before. I have begun 
     buying generic items and do not visit my favorite coffee hut 
     as often because it is not `on my way' to work, therefore 
     requiring more gas, and for the price of my favorite latte, I 
     could buy a gallon of gas. I am beginning to classify 
     everything as whether it is a need or a want, and 
     dramatically cutting out the want. The problem is that many 
     of the needs are becoming expensive. My son's day care has 
     now increased their prices to cover their increased fuel 
     costs. Food has become expensive, prompting my husband and me 
     to start a garden. I have often wondered how others

[[Page 67]]

     manage when they work minimum wage jobs, and have a family to 
     support. To some extent, I am glad that prices have 
     escalated, because it makes us address this issue and become 
     more environmentally responsible. It also forces us to become 
     more self-reliant, both as individuals and as a nation.
       I would love to see public transportation become more 
     available, however I am not sure how feasible or cost 
     efficient that would be given how spread out we are. Even 
     here in Idaho Falls, I am not sure how well that would work. 
     I work for the INL, so of course I am going to suggest 
     further research into nuclear energy and the possibilities 
     there. It is always frustrating to hear that Congress will 
     not pass a budget, forcing labs to function under continuing 
     resolutions that prevent new research from starting. This is 
     research that could change the way that we, as a nation, look 
     at energy, and reduce our dependence on oil. Hybrid vehicles 
     present an interesting potential, but the purchase price is 
     not an incentive to buy one. Is there a way to provide 
     incentives to automakers that produce these vehicles? This 
     could allow them to produce and sell these vehicles at a 
     lower cost, and then make them more attractive to the 
     consumer. These are just a few suggestions.
       Thank you for the work that you and the committee are 
     investing in this issue.
                                              Brandy, Idaho Falls.
       I am a resident of Bingham County and would like to share 
     my story on how the high energy prices are affecting me and 
     my family. I am an INL employee and have to travel to and 
     from work, a total time of about one and a half hours every 
     day. If I have to drive to work it will cost $80 a week; if I 
     ride the INL bus, it is $22.50 a week. Still a portion of my 
     paycheck goes to travel. I pay approx. $1,150 a month in 
     utility and energy bills. I make on average $2,500 a month. 
     The rest goes to mortgage groceries and supplies for the 
     family, i.e. diapers, wipes, baby food etc. . . . We all have 
     houses and yards to upkeep, to keep sprinklers working, grass 
     trimmed and weed free, and that costs money. I have had to 
     scale back my plans with my family dramatically to upkeep my 
     assets. There will be no vacations this year, no more trips 
     to the local drive-in for ice cream after a hot day, and 
     certainly no running through the sprinkler to conserve on the 
     water bill. My wife (who is from Fiji) has not been able to 
     see her family for six years now. We were planning a family 
     trip this year to see them. Well, not anymore; a six thousand 
     dollar trip for a family of four is unheard of. Guess we will 
     have to see what next year brings. My property taxes rose 
     from $1,400 to $1,850 this year. Did not we pass a bill last 
     year generating a fund to lower this sort of thing? I 
     certainly did not benefit from that.
       The city council in Blackfoot is working on getting a 
     windmill turbine farm set up in the Wolverine canyon, east of 
     Blackfoot. I am in favor of that if we were to actually 
     benefit from it. From what I gather the power that generates 
     from these turbines will be sent to California. If we have to 
     wake up every day to look at these turbines, then we at least 
     need to benefit from them! I have worked out at the INL Site 
     for about four years now; I work around the only test reactor 
     in the world. Every day, when I walk around it, I wonder, why 
     cannot we have a reactor to generate power for all of 
     southeast Idaho? Let us bypass Idaho and Utah Power and 
     anyone else that sends power to us and generate our own. We 
     will not be damming up rivers causing problems for the salmon 
     habitat or building turbines that could hurt the bird 
     migration. Or causing some other environmental issue with the 
     way wildlife runs its course. Let us build a generation 
     reactor in the desert at the INL that will provide power to 
     all of southeast Idaho. This could probably be the cleanest 
     source of energy we have ever used. Let us open up Alaska to 
     drill for oil, become more dependent on ourselves instead of 
     foreign oil.
     Joshua.
                                  ____

       Thank you for the opportunity to direct comments to you on 
     a specific topic of great concern.
       My wife and I are nearing retirement (currently 58 years 
     old), and our home is paid for. However, our home was built 
     in the 1970s under a program promoted by Utah Power & Light, 
     which encouraged constructing total electric homes using 
     ceiling cable heat. UP&L even gave monthly energy 
     ``discounts'' for being total electric. Later . . . much 
     later . . . those discounts were deemed to not promote energy 
     efficiency and were taken away. Even though Idaho electric 
     rates remain relatively low, our home of 2,100 sq ft costs 
     over $300 a month to heat in the winter. We are concerned 
     that increasing energy rates will force us out of our home 
     when we are no longer working fulltime. No incentives are 
     provided for conversion and with ceiling cable there is no 
     duct-work to convert a furnace to . . . so natural gas or 
     propane is not economically feasible.
       Solution--Construct a nuclear power plant on the desert of 
     the INL. Find a willing commercial owner, provide some US 
     government incentives to build a new version to use as a 
     model nationwide, offer an incentive to Idahoans on the grid 
     to get a discount & sell the rest of the power to Utah, 
     Nevada & California. Speed the process of approval & 
     construction. Sell bonds to help build it but do something.
       I know it is an overly simplistic suggestions but we need 
     to do something about energy in this country or our economy 
     will grind to a near standstill.
     Ted.
                                  ____

       Like everyone else in America, higher energy costs affect 
     me more every day as the price of everything I purchase 
     climbs. I am very frugal and have been barely make ends meet 
     as it is. It makes me physically sick with worry when I think 
     about the future. What is going to happen when I cannot 
     afford to pay my bills? Who do I stop paying first? Do I stop 
     paying my rent? My utilities? What about all the medical 
     bills I owe? (I have no medical insurance . . . but that is 
     another letter for another day.) Will I lose my home? Will I 
     get sued by my creditors and then get my wages garnished? 
     What about the $100 I pay every month to the Social Security 
     Administration for an overpayment of my disability benefits? 
     What will happen to me when I cannot afford to pay that? I 
     cannot be optimistic anymore and think somehow someone will 
     save the day. No one has offered up any realistic solutions 
     that I have heard. Getting a tax break for the summer will 
     not do a whole lot of good when [other prices remain high due 
     to] the price of oil in the preceding 12 months. Making the 
     oil companies pay more taxes will not solve the problem.
       It just makes my blood boil to listen to [politicians] 
     sugar-coat our problems. This country is in crisis. The 
     powers that be have chosen to put their heads in the sand 
     over the environment and now it is too late to find a 
     ``green'' solution to the immediate energy needs of our 
     country. We need to drill for oil . . . now. It is sickening 
     that after all that has happened in our past with regard to 
     our dependence on foreign oil that we find ourselves here. 
     President Bush thinks he's going to win the war on terror by 
     sending our troops to die in the Middle East? The terrorists 
     will defeat us by using our dependence on them. While 
     everyone looks for a bomb and we lose our civil liberties one 
     by one, they will steal our way of life.
       When I got my stimulus rebate check, I spent it all and 
     went to a family reunion. It occurred to me as I was coming 
     home that it is very likely that I will not be able to go 
     next year, or any year in the foreseeable future. It will 
     simply cost too much. The only reason I could afford it this 
     year is because of that rebate check. I cannot imagine that I 
     will have the ability to save enough money to go next year 
     because it will cost too much to put a roof over my head and 
     food on my table.
       So, Mr. Crapo, my story is simple. The state of the nation 
     makes me afraid and angry.
     Kathy.
                                  ____

       My wife and I own and my wife operates a child day-care in 
     Idaho Falls, Idaho. Since the price of fuel has spun out of 
     control and with no resolution in the near future we are 
     actively attempting to sell or will shut the doors on the 
     business in the next two month. The price of fuel is driving 
     everything else up so high that we need to raise our prices 
     to make up for the increases and we are in many cases simply 
     pricing ourselves out of our customers ability to pay. Many 
     of our customers [have to choose] between day care or paying 
     for fuel, grocery, natural gas, etc. In many cases, one of 
     the parents quit their job to stay home with the kids and 
     simply tighten up their belts and live with the minimums. If 
     I did not have a good job working for a subcontractor to the 
     DOE and had enough income to take care of the day to day and 
     not depend on the business, I would be in bankruptcy court.
       The fuel cost drives not only our vehicles; it drives every 
     aspect of our day to day lives. I am worried that if a 
     radical solution is not set into motion that we will be 
     looking at a depression in this country. My grandparents went 
     through the first one, and I hope that my family will not 
     have to see similar times. Allowing a small population of the 
     world to control the vast majority by controlling them with 
     out-of-control energy prices is not right. I have a problem 
     with so few becoming so wealthy while so many suffer. We have 
     vast oil resources in the lower 48, and we all know the 
     resources that are in Alaska. The Alaskan pipeline did not 
     destroy the landscape or cause the caribou to go extinct like 
     some of the environmentalists would like us to believe. Maybe 
     we should allow our government that is funded by our tax 
     dollars to step in and get involved with the refining of oil 
     in our country and quit depending on someone who actually do 
     not like us very much for our energy. We need to use what we 
     have and we need to not allow the activist groups to tie our 
     hands when we want to use it. If anyone even mentions 
     drilling in Alaska the activist groups go crazy and it make 
     me wonder who is funding these groups to keep our hand tied. 
     The short term fix is to use the oil that we are setting on 
     while we work on the research and development required to 
     assist or solve the long term problem.
     David.
                                  ____

       Senator, I could sit here and gripe about the high energy 
     costs. However, I regard the

[[Page 68]]

     problem as a collective problem, not something one sector or 
     another of the economy has done. We are all aware of how the 
     costs are spiraling out of control, and there are things we 
     can all do to mitigate the pinch in our wallet. Every one of 
     us is guilty to varying degrees. Consider the following:
       First, each of us needs to be a lot more concerned with 
     conserving. We can all make one trip instead of three to the 
     store. We can carpool. We can reduce some of our recreational 
     activities to use less fuel getting there and while there. 
     Turn off the lights. Use the energy efficient light bulbs. 
     Use mass transit. The list goes on and on.
       Second, Congress has got to work out a balanced approach to 
     energy availability. Hydro power is still the most efficient, 
     but has been hogtied by the environmentalists who not only do 
     not want new power production, and even want to remove power 
     production that is in place. Nuclear power has been similarly 
     placed into the nether land of total environmental disfavor. 
     The record of these two sources is not perfect, but they are 
     not guilty of producing greenhouse gasses and making the 
     Arabs richer and richer either. They have a place in our 
     infrastructure, and Congress needs to make it happen before 
     we give away all our wealth to Islamic radicals and 
     Communists. Begin a plan to reduce and eliminate foreign 
     import of oil, then make it stick.
       Third, Congress needs to greatly improve incentives for 
     domestic production of oil. Use the oil shale resources we 
     have all over the country. Allow drilling in areas where the 
     likelihood of new fields is good, with a great deal of care 
     nevertheless. Use clean coal production methods for power.
       Fourth, Congress should tax the windfall profits of the oil 
     companies. Use that money for refunds to vehicle owners and 
     taxpayers. There is no excuse on God's green earth for an oil 
     company to make more profits in a fiscal quarter than the GNP 
     of 80% of the world's nations in a year.
       O.K. I have run out of time, but not ideas. I just wanted 
     you to know we are all in this together, and either we solve 
     it together, or the mess will get worse and worse. All of you 
     in Congress need to quit quibbling and do something.
     Lon.
                                  ____

       I appreciate the opportunity of letting you know of how the 
     high costs of fuel/energy are impacting me.
       I feel lucky--I have a good job and make above average pay. 
     However, I am at a point in my life when I need to be able to 
     save for retirement. My wife and I have raised our children 
     and have recently been able to start saving for retirement. 
     With the current prices of fuel, we are not able to save as 
     needed to ensure that we will have the required funds to 
     retire.
       I have discussed the high price of fuel with several 
     contract workers. They are not planning any type of vacation 
     travel and, in most cases, are fearful of the future. Most 
     are not even sure that they will be able to take care of 
     their necessities if prices continue to skyrocket.
       There is a business here in Idaho Falls that purchases 
     plasma. I watched a news report detailing how busy they 
     currently are. Many who are selling their plasma are doing it 
     just to make ends meet. The place is so busy that they are 
     turning people away.
       I worry about my own children. The future is bleak. Never 
     in my life have we had such a dim outlook--not in America.
       It is time for drilling (in an environmentally safe way). 
     It is time for nuclear power to come out of the closet. We 
     need to quit letting the environmentalists run this great 
     country. I am an avid outdoors man. I love Idaho. I live here 
     for the beauty and activities related to the outdoors. I have 
     faith that we can fix the problems and move forward. I do not 
     believe that we have to ruin the outdoors to make things 
     right.
       Thanks for your help
     David.
                                  ____

       When BEA was granted contract of Idaho National Laboratory, 
     [the lab director] held a meeting and asked what they could 
     do to improve the INL. My reply was to better inform the 
     public about nuclear energy and the benefits. During these 
     trying times we are facing, and the extremes of the future, 
     we must have extreme plans to counteract. The only solution 
     is to minimize our use of natural resources. How do we do 
     this? Every structure, school, home, office, storehouse, etc. 
     shall be converted to electricity derived from nuclear power 
     generating facilities. All of the natural resources shall be 
     reserved for transportation and emergency needs. No longer 
     can the government not be in direct competition with private 
     affairs. When it is for the better of the people then it is 
     the right thing to do. Nuclear energy is the only solution. 
     We need to inform the public and gain support for a cleaner 
     more efficient future. I am excited to be involved with any 
     help I can provide with this matter.
     Roy.
                                  ____

       I am a hospice nurse and my patients rely on me to make 
     home visits so they can have the care they need and deserve 
     at the end of their lives. Without this service, many dying 
     patients would have uncontrolled syptoms and unable to get to 
     the doctor. Driving distances are great for me as I [care 
     for] people in outlying areas, sometimes averaging 50-100 
     miles a day to see everyone. This cost in fuel is very hard 
     to manage and at times nearly forces me to feel like 
     returning to the hospital rather than providing this much 
     needed service due to cost prohibitiveness of my work from 
     fuel cost.
     Cheryl, Boise.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                     TRIBUTE TO BISHOP JOHN McRAITH

 Mr. BUNNING. Mr. President, it is with great admiration and 
respect that I take this time to recognize one of Kentucky's most 
distinguished citizens, Roman Catholic Bishop John McRaith, who retired 
as the third Bishop of the Diocese of Owensboro.
  Bishop McRaith's service over the last 26 years in the Diocese of 
Owensboro--which consists of 32 counties with 79 parishes, 3 high 
schools, 2 middle schools and 13 elementary schools--has made him a 
legacy in the community.
  In addition to being a large diocese, Owensboro Diocese is one of the 
more diverse dioceses--home to a large number of Hispanic Catholic 
immigrants, along with a priesthood that recruits men from Latin 
America, Asia, and Africa. The work done by Bishop McRaith and the 
priests at Owensboro Diocese has increased church attendance to levels 
that are considered among the highest in the Nation.
  Bishop McRaith has left his community a better place because of the 
authenticity and kindness of his services and faith. While I am sad to 
see him retire, I am comforted knowing that those who learned from him 
will continue the good work that he displayed each day. On behalf of 
all of those who are part of the Owensboro Diocese, I thank Bishop John 
McRaith for the grace and strength he brought to western 
Kentucky.

                          ____________________




                       TRIBUTE TO HARRIET CORNELL

 Mrs. CLINTON. Mr. President, I am proud to congratulate the 
Honorable Harriet Cornell on her historic selection as chair of the 
Rockland County Legislature for a fifth consecutive year. Harriet is 
the first chair of the legislature to hold the office for 5 consecutive 
years.
  Harriet Cornell has been a member of the Rockland County Legislature 
since 1984. In her first year of office, Mrs. Cornell founded the 
Legislature's Commission on Women's Issues and invited community 
leaders to participate in the formulation of public policy. She is also 
the chair of the Eleanor Roosevelt Legacy Committee.
  Her long record of accomplishments led the Journal News naming her as 
one of 25 people who made the greatest impact on Rockland County during 
the 20th century. As chairwoman, Mrs. Cornell's priorities have 
included protection of our environment, enhanced educational resources, 
improved health services for women and children, homeland security, 
Rockland's transportation infrastructure, and smart land use planning. 
Under her leadership, she has brought together elected officials from 
every level of government in Summit meetings to collaborate on these 
issues.
  I commend Mrs. Cornell for her many years of devoted public service 
to the citizens of Rockland County.

                          ____________________




                         MESSAGE FROM THE HOUSE

  At 6:09 p.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that the House 
agreed to the following resolutions:

       H. Res. 1. Resolution that Lorraine C. Miller of the State 
     of Texas, be, and is hereby, chosen Clerk of the House of 
     Representatives; That Wilson S. Livingood of the Commonwealth 
     of Virginia, be, and is hereby, chosen Sergeant at Arms of 
     the House of Representatives; That Daniel P. Beard of the 
     State of Maryland be, and is hereby, chosen Chief 
     Administrative Officer of the House of Representatives; and 
     That Father Daniel P. Coughlin of the State of Illinois, be, 
     and is hereby, chosen Chaplain of the House of 
     Representatives.
       H. Res. 2. Resolution notifying the Senate that a quorum of 
     the House of Representatives has assembled; that Nancy 
     Pelosi, a

[[Page 69]]

      Representative from the State of California, has been 
     elected Speaker, than Lorraine C. Miller, a citizen of the 
     State of Texas, has been elected Clerk of the House of 
     Representatives of the One Hundred Eleventh Congress.

  The message also announced that the House has agreed to the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 1. Concurrent resolution regarding consent to 
     assemble outside the seat of government.

  The message further announced that the Speaker appoints as members of 
the committee on the part of the House to join a committee on the part 
of the Senate to notify the President of the United States that a 
quorum of each House has assembled, and Congress is ready to receiver 
any communication that he may be pleased to make: The gentleman from 
Maryland Mr. Hoyer and the gentleman from Ohio Mr. Boehner.

                          ____________________




                           MEASURES REFERRED

  The following concurrent resolution was read, and referred as 
indicated:

       H. Con. Res. 1. Concurrent Resolution regarding consent to 
     assemble outside the seat of government; to the Committee on 
     Rules and Administration.

                          ____________________




                      MEASURES READ THE FIRST TIME

  The following bills were read the first time:

       S. 1. A bill to create jobs, restore economic growth, and 
     strengthen America's middle class through measures that 
     modernize the nation's infrastructure, enhance America's 
     energy independence, expand educational opportunities, 
     preserve and improve affordable health care , provide tax 
     relief, and protect those in greatest need, and for other 
     purposes.
       S. 2. A bill to improve the lives of middle class families 
     and provide them with greater opportunity to achieve the 
     American dream.
       S. 3. A bill to protect homeowners and consumers by 
     reducing foreclosures, ensuring the availability of credit 
     for homeowners, businesses, and consumers, and reforming the 
     financial regulatory system, and for other purposes.
       S. 4. A bill to guarantee affordable, quality health 
     coverage for all Americans, and for other purposes.
       S. 5. A bill to improve the economy and security of the 
     United States by reducing the dependence of the United States 
     on foreign and unsustainable energy sources and the risks of 
     global warming, and for other purposes.
       S. 6. A bill to restore and enhance the national security 
     of the United States.
       S. 7. A bill to expand educational opportunities for all 
     Americans by increasing access to high-quality early 
     childhood education and after school programs, advancing 
     reform in elementary and secondary education, strengthening 
     mathematics and science instruction, and ensuring that higher 
     education is more affordable, and for other purposes.
       S. 8. A bill to return the Government to the people by 
     reviewing controversial ``midnight regulations'' issued in 
     the waning days of the Bush Administration.
       S. 9. A bill to strengthen the United States economy, 
     provide for more effective border and employment enforcement, 
     and for other purposes.
       S. 10. A bill to restore fiscal discipline and begin to 
     address the long-term fiscal challenges facing the United 
     States, and for other purposes.
       S. 33. A bill to amend the Internal Revenue Code of 1986 
     with respect to the proper tax treatment of certain 
     indebtedness discharged in 2009 or 2010, and for other 
     purposes.
       S. 34. A bill to prevent the Federal Communications 
     Commission from repromulgating the fairness doctrine.

                          ____________________




             ENROLLED BILLS AND JOINT RESOLUTION PRESENTED

  The Secretary of the Senate reported that on December 12, 2008, she 
had presented to the President of the United States the following 
enrolled bills and joint resolution:

       S. 3663. An act to require the Federal Communications 
     Commission to provide for a short-term extension of the 
     analog television broadcasting authority so that essential 
     public safety announcements and digital television transition 
     information may be provided for a short time during the 
     transition to digital television broadcasting.
       S. 3712. An act to make a technical correction in the Paul 
     Wellstone and Pete Domenici Mental Health Parity and 
     Addiction Equity Act of 2008.
       S.J. Res. 46. Joint resolution ensuring that the 
     compensation and other emoluments attached to the office of 
     Secretary of State are those which were in effect on January 
     1, 2007.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-1. A communication from the Assistant Director of the 
     Directives and Regulations Branch, Forest Service, Department 
     of Agriculture, transmitting, pursuant to law, the report of 
     a rule entitled ``Travel Management; Designated Routes and 
     Areas for Motor Vehicle Use'' (36 CFR Part 212) received in 
     the Office of the President of the Senate on December 11, 
     2008; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-2. A communication from the Chief, Programs and 
     Legislation Division, Department of the Air Force, 
     transmitting, pursuant to law, a report relative to a public-
     private competition conducted on December 2, 2008; to the 
     Committee on Armed Services.
       EC-3. A communication from the Assistant Secretary of the 
     Navy (Installations and Environment), transmitting, pursuant 
     to law, a report relative to the Department's plan to conduct 
     a streamlined A-76 competition of fleet replacement squadron 
     training and administrative support functions; to the 
     Committee on Armed Services.
       EC-4. A communication from the Assistant Secretary for 
     Export Administration, Bureau of Industry and Security, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Clarification of Export Control 
     Jurisdiction for Civil Aircraft Equipment under the Export 
     Administration Regulations'' (RIN0694-AE31) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Banking, Housing, and Urban Affairs.
       EC-5. A communication from the Assistant Secretary for 
     Export Administration, Bureau of Industry and Security, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Authority Citations Updates and 
     Technical Corrections'' (RIN0694-AE49) received in the Office 
     of the President of the Senate on December 11, 2008; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-6. A communication from the Acting Chairman, National 
     Transportation Safety Board, transmitting, pursuant to law, a 
     report relative to the Board's competitive sourcing efforts 
     for fiscal year 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-7. A communication from the Acting Administrator, 
     National Highway Traffic Safety Administration and the Acting 
     Assistant Secretary for Communications and Information, 
     National Telecommunications and Information Administration, 
     Department of Commerce, transmitting, pursuant to law, a 
     report on the activities of the Implementation Coordination 
     Office; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8. A communication from the Chairman, Surface 
     Transportation Board, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Simplified Standards for Rail Rate Cases--Taxes in Revenue 
     Shortfall Allocation Method'' (STB Ex Parte No. 646) received 
     in the Office of the President of the Senate on December 11, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Requirements for Amateur Rocket Activities'' (RIN2120-AI88) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-10. A communication from the Supervisory Attorney, 
     Office of the Secretary, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Civil Penalties'' (RIN2105-AD77) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-11. A communication from the Assistant Chief Counsel for 
     Hazardous Materials Safety, Pipeline and Hazardous Materials 
     Safety Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Hazardous Materials: Enhancing Rail Transportation Safety 
     and Security for Hazardous Materials Shipments'' (RIN2137-
     AE02) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-12. A communication from the Assistant Chief Counsel for 
     General Law, Pipeline and Hazardous Materials Safety 
     Administration, Department of Transportation, transmitting, 
     pursuant to law, the report of a rule entitled ``Pipeline 
     Safety: Standards for Increasing the Maximum Allowable 
     Operating Pressure for Gas Transmission Pipelines'' (RIN2137-
     AE25) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.

[[Page 70]]


       EC-13. A communication from the Staff Assistant, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Federal Motor Vehicle Safety Standards; 
     Occupant Crash Protection'' (RIN2127-AK02) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-14. A communication from the Staff Assistant, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Tire Registration and Recordkeeping'' 
     (RIN2127-AK11) received in the Office of the President of the 
     Senate on December 11, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-15. A communication from the Supervisory Attorney, 
     Office of the Secretary, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Domestic Baggage Liability'' (RIN2105-AD80) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-16. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to Digital Flight Data Recorder Regulations for 
     Boeing 737 Airplanes and for All Part 125 Airplanes'' 
     (RIN2120-AG87) received in the Office of the President of the 
     Senate on December 11, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-17. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Eurocopter France Model AS355E, 
     F, F1, F2, and N Helicopters'' ((RIN2120-AA64)(Docket No. 
     FAA-2007-28691)) received in the Office of the President of 
     the Senate on December 11, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-18. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Agusta S.p.A. Model A109A and 
     A109A Helicopters'' ((RIN2120-AA64)(Docket No. FAA-2008-
     0834)) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-19. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 737-400, -500, -600, 
     -700, -700C, -800, and -900 Series Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0152)) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-20. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bombardier Model CL-600-2B19 
     (Regional Jet Series 100 & 440) Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0265)) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-21. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 767-200 and -300 
     Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2007-0344)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-22. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 757 Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2007-0289)) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-23. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Fokker Model F.28 Mark 0100 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0850)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-24. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 767-200, -300, and -
     400ER Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2007-
     29045)) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-25. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; BAE Systems (Operations) Limited 
     Model BAe 146 and Avro 146-RJ Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0887)) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-26. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Rolls-Royce plc RB211 Trent 500 
     Series Turbofan Engines'' ((RIN2120-AA64)(Docket No. FAA-
     2008-1122)) received in the Office of the President of the 
     Senate on December 11, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-27. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; MD Helicopters, Inc. Model MD900 
     Helicopters'' ((RIN2120-AA64)(Docket No. FAA-2008-1251)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-28. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Saab Model SAAB 2000 Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2008-0115)) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-29. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Eclipse Aviation Corporation 
     Model EA500 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-
     1232)) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-30. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Maule Aerospace Technology, Inc. 
     M-4, M-5, M-6, and M-7 Series and Model M-8-235 Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2008-0892)) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-31. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Gulfstream Aerospace LP Model 
     Galaxy Airplanes and Gulfstream 200 Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0270)) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-32. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Viking Air Limited DHC-6 Series 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0891)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-33. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Empresa Brasileira de Aeronautica 
     S.A. (EMBRAER) Models EMB-110P1 and EMB-110P2 Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2006-26598)) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-34. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 767-200 and -300 
     Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2007-0344)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-35. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 747-100, 747-100B, 
     747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 
     747-400D, 747-400F, and 747SR Series Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2007-0308)) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-36. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Diamond Aircraft Industries GmbH 
     Model DA 42 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-
     0991)) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.

[[Page 71]]


       EC-37. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Eurocopter France Model AS332 C, 
     L, L1 and L2 Helicopters'' ((RIN2120-AA64)(Docket No. FAA-
     2008-0430)) received in the Office of the President of the 
     Senate on December 11, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-38. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Pratt & Whitney PW4000 Series 94-
     Inch Fan Turbofan Engines'' ((RIN2120-AA64)(Docket No. FAA-
     2008-0589)) received in the Office of the President of the 
     Senate on December 11, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-39. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bombardier Model CL-600-2B19 
     (Regional Jet Series 100 & 440) Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-1258)) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-40. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 777-200LR Series 
     Airplanes Powered by General Electric (GE) Model GE90-110B 
     Engines, and Model 777-300ER Series Airplanes Powered by GE 
     Model GE90-115B Engines'' ((RIN2120-AA64)(Docket No. FAA-
     2008-1241)) received in the Office of the President of the 
     Senate on December 11, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-41. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Vulcanair S.p.A. Model P68 Series 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-1020)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-42. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bombardier Model BD-700-1A10 and 
     BD-700-1A11 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-
     1238)) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-43. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Empresa Brasileira de Aeronautica 
     S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2008-0889)) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-44. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; MD Helicopters, Inc. Model 500N 
     and 600N Helicopters'' ((RIN2120-AA64)(Docket No. FAA-2008-
     1244)) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-45. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bombardier Model CL-600-2C10 
     (Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional 
     Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0911)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-46. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Rolls Royce plc Models RB211 
     Trent 768-60, Trent 772-60, and Trent 772B-60 Turbofan 
     Engines'' ((RIN2120-AA64)(Docket No. FAA-2006-23605)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-47. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; McDonnell Douglas Model DC-9-10, 
     DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes, 
     Equipped with a Tail Cone Evacuation Slide Container 
     Installed in Accordance With Supplemental Type Certificate 
     (STC) ST735SO'' ((RIN2120-AA64)(Docket No. FAA-2007-28881)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-48. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Pratt & Whitney Canada Corp. 
     JT15D-5; -5B; -5F; and -5R Turbofan Engines'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0752)) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-49. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A330-200, A330-300, 
     A340-300, A340-500, and A340-600 Series Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2008-0910)) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-50. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; MD Helicopters, Inc. Model 600N 
     Helicopters'' ((RIN2120-AA64)(Docket No. FAA-2008-0835)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-51. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Hawker Beechcraft Corporation 
     Model 390 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-
     0492)) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-52. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 747-100, 747-100B, 
     747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 
     747-400D, 747-400F, AND 747SR Series Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0414)) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-53. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airspace Designations; Incorporation By Reference'' 
     ((Docket No. 29334)(Amendment No. 71-40)) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-54. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 737-600, -700, -
     700C, -800 and -900 Series Airplanes'' ((RIN2120-AA64)(Docket 
     No. FAA-2008-0176)) received in the Office of the President 
     of the Senate on December 11, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-55. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Miscellaneous 
     Amendments'' ((Docket No. 30641)(Amendment No. 3299)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-56. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Miscellaneous 
     Amendments'' ((Docket No. 30640)(Amendment No. 3298)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-57. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Miscellaneous 
     Amendments'' ((Docket No. 30636)(Amendment No. 3294)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-58. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Big Spring, TX'' ((Docket 
     No. FAA-2008-0757)(Airspace Docket No. 08-ASW-13)) received 
     in the Office of the President of the Senate on December 11, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-59. A communication from the Program Analyst, Federal 
     Aviation Administration,

[[Page 72]]

     Department of Transportation, transmitting, pursuant to law, 
     the report of a rule entitled ``Establishment and Revocation 
     of Class E Airspace; Lake Havasu, AZ'' ((Docket No. FAA-2008-
     0529)(Airspace Docket No. 08-AWP-6)) received in the Office 
     of the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-60. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class D and Class E Airspace; Grayling, 
     MI'' ((Docket No. FAA-2008-0652)(Airspace Docket No. 08-AGL-
     5)) received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-61. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class D and Class E Airspace; Grayling 
     MI'' ((Docket No. FAA-2008-0652)(Airspace Docket No. 08-AGL-
     5)) received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-62. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Morehead, KY'' ((Docket 
     No. FAA-2008-0809)(Airspace Docket No. 08-ASO-13)) received 
     in the Office of the President of the Senate on December 11, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-63. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Dallas, GA'' ((Docket 
     No. FAA-2008-1084)(Airspace Docket No. 08-ASO-17)) received 
     in the Office of the President of the Senate on December 11, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-64. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Napakiak, AK'' ((Docket 
     No. FAA-2008-0454)(Airspace Docket No. 08-AAL-13)) received 
     in the Office of the President of the Senate on December 11, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-65. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Jet Route J-522 in the vicinity of 
     Rochester, NY'' ((Docket No. FAA-2008-1171)(Airspace Docket 
     No. 08-AEA-25)) received in the Office of the President of 
     the Senate on December 11, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-66. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Low Altitude Area Navigation Route T-254; 
     Houston, TX'' ((Docket No. FAA-2008-0716)(Airspace Docket No. 
     08-ASW-9)) received in the Office of the President of the 
     Senate on December 11, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-67. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Class E Airspace; Roanoke, VA'' ((Docket 
     No. FAA-2008-0417)(Airspace Docket No. 08-AEA-20)) received 
     in the Office of the President of the Senate on December 11, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-68. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Change of Controlling Agency for Restricted Areas R-6901A, 
     R-6901B, and R-6903; Wisconsin'' ((Docket No. FAA-2008-
     1130)(Airspace Docket No. 08-ASW-14)) received in the Office 
     of the President of the Senate on December 11, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-69. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revision of Class E Airspace; Badami, AK'' ((Docket No. 
     FAA-2008-0956)(Airspace Docket No. 08-AAL-26)) received in 
     the Office of the President of the Senate on December 11, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-70. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Shageluk, AK'' ((Docket 
     No. FAA-2008-0458)(Airspace Docket No. 08-AAL-17)) received 
     in the Office of the President of the Senate on December 11, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-71. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revision of Class E Airspace; Ruby, AK'' ((Docket No. FAA-
     2008-0005)(Airspace Docket No. 08-AAL-1)) received in the 
     Office of the President of the Senate on December 11, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-72. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revision of Jet Routes and Federal Airways; Alaska'' 
     ((Docket No. FAA-2008-1091)(Airspace Docket No. 08-AAL-32)) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-73. A communication from the Chief, Branch of Listing, 
     Fish and Wildlife Service, Department of the Interior, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Endangered and Threatened Wildlife and Plants; Special Rule 
     for the Polar Bear'' (RIN1018-AV79) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Environment and Public Works.
       EC-74. A communication from the Program Manager, 
     Administration for Children and Families, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Child Support Enforcement 
     Program'' (RIN0970-AC24) received in the Office of the 
     President of the Senate on December 11, 2008; to the 
     Committee on Finance.
       EC-75. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Update for Weighted Average Interest Rates, 
     Yield Curves, and Segment Rates'' (Notice 2008-112) received 
     in the Office of the President of the Senate on December 11, 
     2008; to the Committee on Finance.
       EC-76. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Biodiesel Tax Incentive; Cellulosic Biofuel 
     Producer Credit'' (Notice 2008-110) received in the Office of 
     the President of the Senate on December 11, 2008; to the 
     Committee on Finance.
       EC-77. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Intermediary Transaction Tax Shelters'' 
     (Notice 2008-111) received in the Office of the President of 
     the Senate on December 11, 2008; to the Committee on Finance.
       EC-78. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Relief and Guidance on Corrections of 
     Certain Failures of a Nonqualified Deferred Compensation Plan 
     to Comply with Section 409(a) in Operation'' (Notice 2008-
     113) received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on Finance.
       EC-79. A communication from the Assistant General Counsel 
     for Regulations, Office of Special Education and 
     Rehabilitative Services, Department of Education, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Assistance to States for the Education of Children With 
     Disabilities and Preschool Grants for Children With 
     Disabilities'' (RIN1820-AB60) received in the Office of the 
     President of the Senate on December 11, 2008; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-80. A communication from the Deputy Director for 
     Operations, Legislative and Regulatory Department, Pension 
     Benefit Guaranty Corporation, transmitting, pursuant to law, 
     the report of a rule entitled ``Disclosure of Termination 
     Information'' (RIN1212-AB14) received in the Office of the 
     President of the Senate on December 11, 2008; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-81. A communication from the White House Liaison, 
     Department of Education, transmitting, pursuant to law, the 
     report of the designation of acting officer for the position 
     of Under Secretary, received in the Office of the President 
     of the Senate on December 11, 2008; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-82. A communication from the Director, Office of 
     Personnel Management, the President's Pay Agent, 
     transmitting, pursuant to law, a report relative to the 
     extension of locality-based comparability payments; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-83. A communication from the Assistant Secretary for 
     Congressional and Legislative Affairs, Department of Veterans 
     Affairs, transmitting, pursuant to law, a report entitled 
     ``FY 2008 Performance and Accountability Report''; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-84. A communication from the Secretary of Homeland 
     Security, transmitting, pursuant to law, the Department's 
     annual financial report for fiscal year 2008; to the

[[Page 73]]

     Committee on Homeland Security and Governmental Affairs.
       EC-85. A communication from the Secretary of Energy, 
     transmitting, pursuant to law, a report entitled ``Agency 
     Financial Report''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-86. A communication from the Principal Deputy Assistant 
     Attorney General, Office of Legislative Affairs, Department 
     of State, transmitting, pursuant to law, a report relative to 
     data-mining activities; to the Committee on the Judiciary.
       EC-87. A communication from the General Counsel, United 
     States Marshals Service, Department of Justice, transmitting, 
     pursuant to law, the report of a rule entitled ``Revision to 
     United States Marshals Service Fees for Services'' (RIN1105-
     AB14) received in the Office of the President of the Senate 
     on December 11, 2008; to the Committee on the Judiciary.
       EC-88. A communication from the Senior Counsel, Office of 
     the Attorney General, Department of Justice, transmitting, 
     pursuant to law, the report of a rule entitled ``DNA-Sample 
     Collection and Biological Evidence Preservation in the 
     Federal Jurisdiction'' (RIN1105-AB09; 1105-AB10; 1105-AB24) 
     received in the Office of the President of the Senate on 
     December 11, 2008; to the Committee on the Judiciary.
       EC-89. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Isoxaflutole; Pesticide Tolerances'' ((EPA-HQ-OPP-2008-
     0217)(FRL-8393-1)) received in the Office of the President of 
     the Senate on December 16, 2008; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-90. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Irish 
     Potatoes Grown in Washington; Modification of Late Payment 
     and Interest Charge Regulation'' ((Docket No. AMS-FV-08-
     0037)(FV08-946-2 FR)) received in the Office of the President 
     of the Senate on December 16, 2008; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-91. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``United 
     States Standards for Grades of Potatoes'' ((Docket No. AMS-
     FV-2006-0136)(FV-06-303-C)) received in the Office of the 
     President of the Senate on December 16, 2008; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-92. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Walnuts 
     Grown in California; Decreased Assessment Rate'' ((Docket No. 
     AMS-FV-08-0093)(FV09-984-2 IFR)) received in the Office of 
     the President of the Senate on December 16, 2008; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-93. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Dairy Promotion and Research Program; Final Rule on 
     Amendments to the Dairy Promotion and Research Order'' 
     ((Docket No. AMS-DA-08-0035)(DA-08-02)) received in the 
     Office of the President of the Senate on December 16, 2008; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-94. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Kiwifruit 
     Grown in California; Decreased Assessment Rate'' ((Docket No. 
     AMS-FV-08-0095)(FV09-920-1 IFR)) received in the Office of 
     the President of the Senate on December 16, 2008; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-95. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Walnuts 
     Grown in California; Changes to Regulations Governing Board 
     Nominations'' ((Docket No. AMS-FV-08-0091)(FV09-984-1 IFR)) 
     received in the Office of the President of the Senate on 
     December 16, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-96. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Domestic 
     Dates Produced or Packed in Riverside County, CA; Decreased 
     Assessment Rate'' ((Docket No. AMS-FV-08-0056)(FV08-987-1 
     FIR)) received in the Office of the President of the Senate 
     on December 16, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-97. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Tart 
     Cherries Grown in the State of Michigan, et al.; Change to 
     Fiscal Period'' ((Docket No. AMS-FV-08-0066)(FV08-930-2 IFR)) 
     received in the Office of the President of the Senate on 
     December 16, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-98. A communication from the Director of the Regulatory 
     Review Group, Farm Service Agency, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Farm Loan Programs'' (RIN0560-AH82) received in the Office 
     of the President of the Senate on December 16, 2008; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-99. A communication from the Director of the Regulatory 
     Review Group, Commodity Credit Corporation, Department of 
     Agriculture, transmitting, pursuant to law, the report of a 
     rule entitled ``Milk Income Loss Contract Program and Price 
     Support Program for Milk'' (RIN0560-AH83) received in the 
     Office of the President of the Senate on December 16, 2008; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-100. A communication from the Deputy Under Secretary of 
     Defense (Acquisition and Technology), transmitting, pursuant 
     to law, a report relative to the Green Procurement Plan; to 
     the Committee on Armed Services.
       EC-101. A communication from the Deputy Under Secretary of 
     Defense (Acquisition and Technology), transmitting, pursuant 
     to law, a report relative to the extension of authority for 
     use of simplified acquisition procedures for certain 
     commercial items; to the Committee on Armed Services.
       EC-102. A communication from the Deputy Under Secretary of 
     Defense (Acquisition and Technology), transmitting, pursuant 
     to law, a notification relative to the submission date of the 
     report on the Department's purchases from foreign entities in 
     fiscal year 2007; to the Committee on Armed Services.
       EC-103. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Para-Aramid Fibers and Yarns 
     Manufactured in a Qualifying Country'' (RIN0750-AG13) 
     received in the Office of the President of the Senate on 
     December 16, 2008; to the Committee on Armed Services.
       EC-104. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Payment Protections for Subcontractors 
     and Suppliers--Deletion of Duplicative Text'' (RIN0750-AG15) 
     received in the Office of the President of the Senate on 
     December 16, 2008; to the Committee on Armed Services.
       EC-105. A communication from the Federal Liaison Officer, 
     Office of the Secretary, Department of Defense, transmitting, 
     pursuant to law, the report of a rule entitled ``TRICARE 
     Program; Overpayments Recovery'' (RIN0720-AB09) received in 
     the Office of the President of the Senate on December 16, 
     2008; to the Committee on Armed Services.
       EC-106. A communication from the Federal Liaison Officer, 
     Office of the Secretary, Department of Defense, transmitting, 
     pursuant to law, the report of a rule entitled ``Civilian 
     Health and Medical Program of the Uniformed Services 
     (CHAMPUS); Voluntary Disenrollment from the TRICARE Retiree 
     Dental Program (TRDP)'' (RIN0720-AA69) received in the Office 
     of the President of the Senate on December 16, 2008; to the 
     Committee on Armed Services.
       EC-107. A communication from the Federal Liaison Officer, 
     Office of the Secretary, Department of Defense, transmitting, 
     pursuant to law, the report of a rule entitled ``Indebtedness 
     of Military Personnel'' (RIN0790-AI08) received in the Office 
     of the President of the Senate on December 16, 2008; to the 
     Committee on Armed Services.
       EC-108. A communication from the Federal Liaison Officer, 
     Office of the Secretary, Department of Defense, transmitting, 
     pursuant to law, the report of a rule entitled ``Procedures 
     and Support for Non-Federal Entities Authorized to Operate on 
     Department of Defense (DoD) Installations'' (RIN0790-AI35) 
     received in the Office of the President of the Senate on 
     December 16, 2008; to the Committee on Armed Services.
       EC-109. A communication from the Director, Office of 
     Management and Budget, Executive Office of the President, 
     transmitting, pursuant to law, a report relative to assets 
     purchased under the Emergency Economic Stabilization Act of 
     2008; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-110. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Final Flood Elevation Determinations'' ((44 CFR Part 67)(73 
     FR 73182)) received in the Office of the President of the 
     Senate on December 16, 2008; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-111. A communication from the Acting Deputy Director of 
     the National Ocean Service, National Oceanic and Atmospheric 
     Administration, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Gulf of the 
     Farallones National Marine Sanctuary Regulations; and Cordell 
     Bank National Marine Sanctuary Regulations'' (((RIN0648-
     AT14)(RIN0648-AT15)(RIN0648-AT16))) received in the Office of 
     the President of the Senate on December

[[Page 74]]

     16, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-112. A communication from the Acting Deputy Director of 
     the National Ocean Service, National Oceanic and Atmospheric 
     Administration, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Papahanaumokuakea Marine National Monument Proclamation 
     Provisions'' (RIN0648-AW44) received in the Office of the 
     President of the Senate on December 16, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-113. A communication from the Deputy Assistant 
     Administrator for Operations, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish 
     Fishery of the Gulf of Mexico; Gulf of Mexico Gag Grouper-
     Management Measures'' (RIN0648-AV80) received in the Office 
     of the President of the Senate on December 16, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-114. A communication from the Acting Assistant 
     Secretary, Energy Efficiency and Renewable Energy, Department 
     of Energy, transmitting, pursuant to law, a report entitled 
     ``First Biennial Report to Congress Responding to Hydrogen 
     and Fuel Cell Technical Advisory Committee (HTAC) Findings 
     and Recommendations during Fiscal Year 2007''; to the 
     Committee on Energy and Natural Resources.
       EC-115. A communication from the Assistant Secretary for 
     Fish and Wildlife and Parks, Department of the Interior, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Interagency Cooperation Under the Endangered Species Act'' 
     ((RIN1018-AT50)(RIN0618-AX15)) received in the Office of the 
     President of the Senate on December 16, 2008; to the 
     Committee on Environment and Public Works.
       EC-116. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; Wisconsin; New Source Review Reform ``Linkage'' Rule, 
     Rule AM-32-04b'' ((EPA-R05-OAR-2006-0609)(FRL-8749-1)) 
     received in the Office of the President of the Senate on 
     December 16, 2008; to the Committee on Environment and Public 
     Works.
       EC-117. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; Wisconsin; NSR Reform Regulations, Rule AM-06-04'' 
     ((EPA-R05-OAR-2006-0609)(FRL-8748-9)) received in the Office 
     of the President of the Senate on December 16, 2008; to the 
     Committee on Environment and Public Works.
       EC-118. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; Oklahoma; Recodification of Regulations'' ((EPA-R05-
     OAR-2006-0389)(FRL-8748-9)) received in the Office of the 
     President of the Senate on December 16, 2008; to the 
     Committee on Environment and Public Works.
       EC-119. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Expansion of RCRA Comparable Fuel Exclusion'' ((EPA-HQ-
     RCRA-2005-0017)(FRL-8753-4)) received in the Office of the 
     President of the Senate on December 16, 2008; to the 
     Committee on Environment and Public Works.
       EC-120. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to the California State Implementation Plan, 
     South Coast Air Quality Management District'' ((EPA-R09-OAR-
     2008-0537)(FRL-8731-3)) received in the Office of the 
     President of the Senate on December 16, 2008; to the 
     Committee on Environment and Public Works.
       EC-121. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Emission Standards for Hazardous Air Pollutant 
     Emissions: Group I Polymers and Resins (Polysulfide Rubber 
     Production, Ethylene Propylene Rubber Production, Butyl 
     Rubber Production, Neoprene Production); National Emission 
     Standards for Hazardous Air Pollutants for Epoxy Resins 
     Production and Non-Nylon Polyamides Production; National 
     Emission Standards for Hazardous Air Pollutants for Source 
     Categories: Generic Maximum Achievable Control Technology 
     Standards (Acetal Resins Production and Hydrogen Fluoride 
     Production) (Risk and Technology Review)'' (RIN2060-AO16) 
     received in the Office of the President of the Senate on 
     December 16, 2008; to the Committee on Environment and Public 
     Works.
       EC-122. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Prevention of Significant Deterioration (PSD) and 
     Nonattainment New Source Review (NSR): Reconsideration of 
     Inclusion of Fugitive Emissions'' ((EPA-HQ-OAR-2004-
     0014)(FRL-8752-4)) received in the Office of the President of 
     the Senate on December 16, 2008; to the Committee on 
     Environment and Public Works.
       EC-123. A communication from the Program Manager of the 
     Center for Medicaid and State Operations, Centers for 
     Medicare and Medicaid Services, Department of Health and 
     Human Services, transmitting, pursuant to law, the report of 
     a rule entitled ``Medicaid Program; State Option to Establish 
     Non-Emergency Medical Transportation Program'' (RIN0938-AO45) 
     received in the Office of the President of the Senate on 
     December 16, 2008; to the Committee on Finance.
       EC-124. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Labeling Information on the Relationship Between 
     the Use of Indoor Tanning Devices and Development of Skin 
     Cancer or Other Skin Damage''; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-125. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     relative to the Community Services Block Act Discretionary 
     Activities: Community Economic Development and Rural 
     Facilities Programs; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-126. A communication from the Assistant General Counsel 
     for Regulatory Services, Office of Planning, Evaluation, and 
     Policy Development, Department of Education, transmitting, 
     pursuant to law, the report of a rule entitled ``Family 
     Educational Rights and Privacy'' (RIN1855-AA05) received in 
     the Office of the President of the Senate on December 16, 
     2008; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-127. A communication from the Administrator, Office of 
     Information and Regulatory Affairs, Executive Office of the 
     President, transmitting, pursuant to law, a report relative 
     to the development and use of voluntary consensus standards; 
     to the Committee on Homeland Security and Governmental 
     Affairs.
       EC-128. A communication from the Chairman and President, 
     Export-Import Bank of the United States, transmitting, 
     pursuant to law, the Office of Inspector General's Semiannual 
     Report for the period ending September 30, 2008; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-129. A communication from the Inspector General, Federal 
     Housing Finance Board, transmitting, pursuant to law, the 
     Office of Inspector General's Semiannual Report for the 
     period ending September 30, 2008; to the Committee on 
     Homeland Security and Governmental Affairs.
       EC-130. A communication from the Chief Privacy Officer, 
     Department of Homeland Security, transmitting, pursuant to 
     law, a report entitled ``Annual Report to Congress, July 
     2007-July 2008''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-131. A communication from the Federal Co-Chair, 
     Appalachian Regional Commission, transmitting, pursuant to 
     law, the Office of Inspector General's Semiannual Report for 
     the period of April 1, 2008, through September 30, 2008; to 
     the Committee on Homeland Security and Governmental Affairs.
       EC-132. A communication from the Director of the Peace 
     Corps, transmitting, pursuant to law, the Corps' Performance 
     and Accountability Report for fiscal year 2008; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-133. A communication from the Director, Peace Corps, 
     transmitting, pursuant to law, the Office of Inspector 
     General's Semiannual Report for the period of April 1, 2008, 
     through September 30, 2008; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-134. A communication from the Chairman, National Labor 
     Relations Board, transmitting, pursuant to law, the Office of 
     Inspector General's Semiannual Report for the period of April 
     1, 2008, through September 30, 2008; to the Committee on 
     Homeland Security and Governmental Affairs.
       EC-135. A communication from the Chief Privacy Officer, 
     Department of Homeland Security, transmitting, pursuant to 
     law, a report entitled ``2008 Report to Congress on Data 
     Mining Technology and Policy''; to the Committee on the 
     Judiciary.
       EC-136. A communication from the Staff Director, U.S. 
     Commission on Civil Rights, transmitting, pursuant to law, a 
     report relative to the Commission's recent appointment of 
     members to the Minnesota Advisory Committee; to the Committee 
     on the Judiciary.
       EC-137. A communication from the Staff Director, U.S. 
     Commission on Civil Rights, transmitting, pursuant to law, a 
     report relative to the Commission's recent appointment of 
     members to the Illinois Advisory Committee; to the Committee 
     on the Judiciary.
       EC-138. A communication from the Rules Administrator, 
     Office of General Counsel, Federal Bureau of Prisons, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Civil Commitment of a Sexually Dangerous

[[Page 75]]

     Person'' (RIN1120-AB45) received in the Office of the 
     President of the Senate on December 16, 2008; to the 
     Committee on the Judiciary.
       EC-139. A communication from the Administrator, Risk 
     Management Agency, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Catastrophic 
     Risk Protection Endorsement; Group Risk Plan of Insurance 
     Regulations; and the Common Crop Insurance Regulations, Basic 
     Provisions'' (RIN0563-AC19) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-140. A communication from the Director of Program 
     Development and Regulatory Analysis, Rural Development 
     Utilities Program, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Household 
     Water Well System Grant Program'' (RIN0572-AC12) received in 
     the Office of the President of the Senate on December 19, 
     2008; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-141. A communication from the Assistant Secretary of 
     Defense (Global Security Affairs), transmitting, pursuant to 
     law, the Department's annual report relative to the Regional 
     Defense Combating Terrorism Fellowship Program for fiscal 
     year 2008; to the Committee on Armed Services.
       EC-142. A communication from the Secretary of the Navy, 
     transmitting, pursuant to law, a report relative to the 
     Average Procurement Unit Cost for the H-1 Upgrades Program; 
     to the Committee on Armed Services.
       EC-143. A communication from the Federal Register Liaison 
     Officer, Office of the Secretary, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``TRICARE; Hospital Outpatient Prospective Payment System 
     (OPPS)'' (RIN0720-AB19) received in the Office of the 
     President of the Senate on December 22, 2008; to the 
     Committee on Armed Services.
       EC-144. A communication from the Secretary of the Treasury, 
     transmitting, pursuant to law, a six-month periodic report on 
     the national emergency that was declared in Executive Order 
     13405 with respect to Belarus; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-145. A communication from the Secretary of the Treasury, 
     transmitting, pursuant to law, a report on the national 
     emergency with respect to to the risk of nuclear 
     proliferation created by the accumulation of weapons-usable 
     fissile material in the territory of the Russian Federation; 
     to the Committee on Banking, Housing, and Urban Affairs.
       EC-146. A communication from the General Counsel, National 
     Credit Union Administration, transmitting, pursuant to law, 
     the report of a rule entitled ``Display of Official Sign; 
     Temporary Increase in Standard Maximum Share Insurance 
     Amount; Coverage for Custodial Loan Accounts'' (RIN3133-AD55) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-147. A communication from the General Counsel, National 
     Credit Union Administration, transmitting, pursuant to law, 
     the report of a rule entitled ``Share Insurance for Revocable 
     Trust Accounts'' (RIN3133-AD54) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-148. A communication from the Director, Office of Legal 
     Affairs, Federal Deposit Insurance Corporation, transmitting, 
     pursuant to law, the report of a rule entitled ``Temporary 
     Liquidity Guarantee Program'' (RIN3064-AD37) received in the 
     Office of the President of the Senate on December 19, 2008; 
     to the Committee on Banking, Housing, and Urban Affairs.
       EC-149. A communication from the Associate Director, Office 
     of Foreign Assets Control, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Global Terrorism Sanctions Regulations; Terrorism Sanctions 
     Regulations; Foreign Terrorist Organizations Sanctions 
     Regulations'' (31 CFR Parts 594, 595, and 597) received in 
     the Office of the President of the Senate on December 19, 
     2008; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-150. A communication from the Assistant to the Board of 
     Governors of the Federal Reserve System, transmitting, 
     pursuant to law, the report of a rule entitled ``Community 
     Reinvestment Act Regulations'' (Docket No. R-1342) received 
     in the Office of the President of the Senate on December 19, 
     2008; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-151. A communication from the Assistant to the Board of 
     Governors of the Federal Reserve System, transmitting, 
     pursuant to law, the report of a rule entitled ``Home 
     Mortgage Disclosure'' (Docket No. R-1341) received in the 
     Office of the President of the Senate on December 19, 2008; 
     to the Committee on Banking, Housing, and Urban Affairs.
       EC-152. A communication from the Deputy General Counsel, 
     National Credit Union Administration, transmitting, pursuant 
     to law, the report of a rule entitled ``Incidental Powers'' 
     (RIN3133-AD12) received in the Office of the President of the 
     Senate on December 22, 2008; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-153. A communication from the Secretary, Federal 
     Maritime Commission, transmitting, pursuant to law, a report 
     relative to the Commission's competitive sourcing 
     competitions in fiscal year 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-154. A communication from the Deputy Chief Financial 
     Officer, Office of Managing Director, Federal Communications 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Amendment of the Schedule of Application Fees 
     Set Forth In Sections 1.1102 through 1.1109 of the 
     Commission's Rules'' ((GEN Docket No. 86-285)(FCC 08-209)) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-155. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Honolulu, Hawaii'' (MB Docket No. 08-155) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-156. A communication from the Deputy Chief, Consumer and 
     Governmental Affairs Bureau, Federal Communications 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Closed Captioning of Video Programming; 
     Closed Captioning Requirements for Digital Television 
     Receivers'' ((CG Docket No. 05-231)(ET Docket No. 99-254)) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-157. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Glendive, Montana'' (MB Docket No. 08-
     113) received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-158. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Northeastern United States; Atlantic Bluefish Fishery; 
     Commercial Quota Harvested for New York'' (RIN0648-XM09) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-159. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airspace Designations; Incorporation by Reference'' 
     ((Docket No. 29334)(Amendment No. 71-40)) received in the 
     Office of the President of the Senate on December 19, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-160. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Black River Falls, WI; 
     Confirmation of Effective Date'' ((Docket No. FAA-2008-
     1076)(Airspace Docket No. 08-ANE-102)) received in the Office 
     of the President of the Senate on December 19, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-161. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 747-100, 747-100B, 
     747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 
     747-400D, 747-400F, and 747SR Series Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0590)) received in the Office of 
     the President of the Senate on December 19, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-162. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Russellville, AL'' 
     ((Docket No. FAA-2008-1094)(Airspace Docket No. 08-ASO-18)) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-163. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Clewiston, FL'' ((Docket 
     No. FAA-2008-1168)(Airspace Docket No. 08-ASO-19)) received 
     in the Office of the President of the Senate on December 19, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.

[[Page 76]]


       EC-164. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment to Class E Airspace; Summerville, WV'' ((Docket 
     No. FAA-2008-1073)(Airspace Docket No. 08-AEA-28)) received 
     in the Office of the President of the Senate on December 19, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-165. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A319, A320, and A321 
     Airplanes Equipped with International Aero Engines (IAE) 
     Model V2500-A1 Engines or Model V25xx-A5 Series Engines'' 
     ((RIN2120-AA64)(Docket No. FAA-2008-1274)) received in the 
     Office of the President of the Senate on December 19, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-166. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bombardier Model CL-600-2C10 
     (Regional Jet Series 700, 701 & 702) Airplanes and Model CL-
     600-2D24 (Regional Jet Series 900) Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-1007)) received in the Office of 
     the President of the Senate on December 19, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-167. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A330 Airplanes; and 
     Model A340-200 and -300 Airplanes'' ((RIN2120-AA64)(Docket 
     No. FAA-2007-27739)) received in the Office of the President 
     of the Senate on December 19, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-168. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Dassault Model Mystere-Falcon 50 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0732)) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-169. A communication from the Regulatory Ombudsman, 
     Federal Motor Carrier Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``New Entrant Safety Assurance Process'' 
     (RIN2126-AA59) received in the Office of the President of the 
     Senate on December 19, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-170. A communication from the Regulatory Ombudsman, 
     Federal Motor Carrier Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Requirements for Intermodal Equipment 
     Providers and for Motor Carriers and Drivers Operating 
     Intermodal Equipment'' (RIN2126-AA86) received in the Office 
     of the President of the Senate on December 19, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-171. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bombardier Model CL-600-2B19 
     (Regional Jet Series 100 & 440) Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2008-1200)) received in the Office of 
     the President of the Senate on December 19, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-172. A communication from the Acting Assistant Secretary 
     for Water and Science, Bureau of Reclamation, Department of 
     the Interior, transmitting, pursuant to law, the report of a 
     rule entitled ``Use of Bureau of Reclamation Land, 
     Facilities, and Waterbodies'' (RIN1006-AA51) received in the 
     Office of the President of the Senate on December 19, 2008; 
     to the Committee on Energy and Natural Resources.
       EC-173. A communication from the Acting Assistant Secretary 
     for Water and Science, Bureau of Reclamation, Department of 
     the Interior, transmitting, pursuant to law, the report of a 
     rule entitled ``Public Conduct on Bureau of Reclamation 
     Facilities, Lands, and Waterbodies'' (RIN1006-AA55) received 
     in the Office of the President of the Senate on December 19, 
     2008; to the Committee on Energy and Natural Resources.
       EC-174. A communication from the Acting Assistant Secretary 
     for Water and Science, Bureau of Reclamation, Department of 
     the Interior, transmitting, pursuant to law, the report of a 
     rule entitled ``Truckee River Operating Agreement'' (RIN1006-
     AA48) received in the Office of the President of the Senate 
     on December 19, 2008; to the Committee on Energy and Natural 
     Resources.
       EC-175. A communication from the Director, Office of 
     Surface Mining Reclamation and Enforcement, Department of the 
     Interior, transmitting, pursuant to law, the report of a rule 
     entitled ``West Virginia Regulatory Program'' (Docket No. 
     OSM-2008-0024) received in the Office of the President of the 
     Senate on December 19, 2008; to the Committee on Energy and 
     Natural Resources.
       EC-176. A communication from the Director, Office of 
     Congressional Affairs, Nuclear Regulatory Commission, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Regulatory Changes to Implement the Additional Protocol to 
     the US/IAEA Safeguards Agreement'' (RIN3150-AH38) received in 
     the Office of the President of the Senate on December 19, 
     2008; to the Committee on Energy and Natural Resources.
       EC-177. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Volatile Organic Compound Emission Standards for 
     Aerosol Coatings'' (RIN2060-AP33) received in the Office of 
     the President of the Senate on December 19, 2008; to the 
     Committee on Environment and Public Works.
       EC-178. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Ambient Air Quality Standards for Lead'' (RIN2060-
     AN83) received in the Office of the President of the Senate 
     on December 19, 2008; to the Committee on Environment and 
     Public Works.
       EC-179. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Final Authorization of State Hazardous Waste Management 
     Program Revision'' (FRL-8755-9) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on Environment and Public Works.
       EC-180. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment to Standards and Practices for All Appropriate 
     Inquiries Under CERCLA'' (RIN2050-A647) received in the 
     Office of the President of the Senate on December 19, 2008; 
     to the Committee on Environment and Public Works.
       EC-181. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revision of Source Category List for Standards Under 
     Section 112(k) of the Clean Air Act; and National Emission 
     Standards for Hazardous Air Pollutants for Area Sources: 
     Ferroalloys Production Facilities'' (FRL-8755-4) received in 
     the Office of the President of the Senate on December 19, 
     2008; to the Committee on Environment and Public Works.
       EC-182. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report entitled ``The 
     President's Emergency Plan for AIDS Relief, Fiscal Year 2007 
     Report on the Global Fund to Fight AIDS, Tuberculosis and 
     Malaria''; to the Committee on Foreign Relations.
       EC-183. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed license for the export of defense 
     articles that are firearms controlled under Category I of the 
     United States Munitions List sold commercially under a 
     contract in the amount of $1,000,000 or more to Mexico; to 
     the Committee on Foreign Relations.
       EC-184. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed manufacturing license agreement 
     for the manufacture of significant military equipment abroad 
     in the amount of $45,500,000 or more with Australia; to the 
     Committee on Foreign Relations.
       EC-185. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed manufacturing license agreement 
     for the manufacture of significant military equipment abroad 
     in the amount of $95,000,000 or more with India; to the 
     Committee on Foreign Relations.
       EC-186. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, weekly reports relative to 
     Iraq for the period of October 15, 2008, through December 15, 
     2008; to the Committee on Foreign Relations.
       EC-187. A communication from the Executive Secretary, U.S. 
     Agency for International Development, transmitting, pursuant 
     to law, the report of a vacancy and designation of acting 
     officer in the position of Assistant Administrator for the 
     Bureau of Management, received in the Office of the President 
     of the Senate on December 19, 2008; to the Committee on 
     Foreign Relations.
       EC-188. A communication from the President of the United 
     States, transmitting, pursuant to law, notification of his 
     intent to add the Republic of Kosovo and the Republic of 
     Azerbaijan to the list of beneficiary developing countries 
     under the Generalized System of Preferences program; to the 
     Committee on Finance.

[[Page 77]]


       EC-189. A communication from the Secretary of Labor, 
     transmitting, pursuant to law, a report relative to the 
     impact of the Andean Trade Preference Act on U.S. trade and 
     employment through 2007; to the Committee on Finance.
       EC-190. A communication from the Program Manager, Centers 
     for Medicare and Medicaid Services, Department of Health and 
     Human Services, transmitting, pursuant to law, the report of 
     a rule entitled ``Medicaid Program; Fiscal Year 
     Disproportionate Share Hospital Allotments and 
     Disproportionate Share Hospital Institutions for Mental 
     Disease Limits'' (RIN0938-AO75) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on Finance.
       EC-191. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule relative to Section 305 treatment of a stock 
     distribution by a publicly traded real estate investment 
     trust (Rev. Proc. 2008-68) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on Finance.
       EC-192. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Relief From Immediate Compliance With 2009 
     Section 403(b) Written Plan Requirement'' (Notice 2009-3) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on Finance.
       EC-193. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Amendments to the Section 7216 
     Regulations--Disclosure or Use of Information by Preparers of 
     Returns'' (RIN1545-BI00) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on Finance.
       EC-194. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Determination of Basis in Property Acquired 
     in Transferred Basis Transaction'' (Notice 2009-4) received 
     in the Office of the President of the Senate on December 19, 
     2008; to the Committee on Finance.
       EC-195. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Tax Return Preparer Penalties under Section 
     6694 and 6695'' (RIN1545-BG83) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on Finance.
       EC-196. A communication from the Regulation Coordinator, 
     Office of Assistant Secretary for Planning and Evaluation, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``State Long-
     Term Care Partnership Program: Reporting Requirements for 
     Insurers'' (RIN0991-AB44) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on Finance.
       EC-197. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Guidance Regarding the Treatment of Stock 
     of a Controlled Corporation under Section 355(a)(3)(B)'' 
     (RIN1545-BH61) received in the Office of the President of the 
     Senate on January 5, 2008; to the Committee on Finance.
       EC-198. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report on 
     the Community Services Block Grant Program Report and Report 
     on Performance Measurement for fiscal year 2006; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-199. A communication from the Assistant Secretary for 
     Administration and Management, Competitive Sourcing Official, 
     Department of Labor, transmitting, pursuant to law, a report 
     relative to the Department's competitive sourcing activities 
     during fiscal year 2008; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-200. A communication from the Regulations Coordinator, 
     Office of the Secretary, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Ensuring That Department of Health and Human 
     Services Funds Do Not Support Coercive or Discriminatory 
     Policies or Practices in Violation of Federal Law'' (RIN0991-
     AB48) received in the Office of the President of the Senate 
     on December 19, 2008; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-201. A communication from the Acting Director, Office of 
     Personnel Management, transmitting, pursuant to law, a report 
     relative to section 552 of title 5, United States Code; to 
     the Committee on Homeland Security and Governmental Affairs.
       EC-202. A communication from the Secretary, Federal 
     Maritime Commission, transmitting, pursuant to law, the 
     Commission's Strategic Plan for fiscal years 2010-2015; to 
     the Committee on Homeland Security and Governmental Affairs.
       EC-203. A communication from the Acting Administrator, 
     Small Business Administration, transmitting, pursuant to law, 
     the Office of Inspector General's Semiannual Report for the 
     period of April 1, 2008, through September 30, 2008; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-204. A communication from the Secretary of the Treasury, 
     transmitting, pursuant to law, a report entitled ``Fiscal 
     Year 2008 Financial Report of the U.S. Government''; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-205. A communication from the Deputy Archivist of the 
     United States, National Archives and Records Administration, 
     transmitting, pursuant to law, a report relative to the 
     Administration's Commercial Activities Inventory and 
     Inherently Governmental Inventory; to the Committee on 
     Homeland Security and Governmental Affairs.
       EC-206. A communication from the Acting Director, Office of 
     Personnel Management, transmitting, pursuant to law, a report 
     entitled ``Chief Human Capital Officers Council, Fiscal Year 
     2008, Annual Report to the Congress''; to the Committee on 
     Homeland Security and Governmental Affairs.
       EC-207. A communication from the Administrator, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the Agency's Performance and Accountability Report for 
     fiscal year 2008; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-208. A communication from the Principal Deputy Assistant 
     Attorney General, Office of Legislative Affairs, Department 
     of Justice, transmitting, pursuant to law, the Annual Report 
     of the Office of Justice Programs for fiscal year 2007; to 
     the Committee on the Judiciary.
       EC-209. A communication from the Director, Office of 
     National Drug Control Policy, Executive Office of the 
     President, transmitting, pursuant to law, a final addendum to 
     the previously submitted report entitled ``Fiscal Year 2007 
     Performance Summary Report''; to the Committee on the 
     Judiciary.
       EC-210. A communication from the Chief of the Regulatory 
     Management Division, Citizenship and Immigration Services, 
     Department of Homeland Security, transmitting, pursuant to 
     law, the report of a rule entitled ``Documents Acceptable for 
     Employment Eligibility Verification'' (RIN1615-AB69) received 
     in the Office of the President of the Senate on December 19, 
     2008; to the Committee on the Judiciary.
       EC-211. A communication from the Associate Attorney 
     General, Office of Legal Policy, Department of Justice, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Office of Attorney General; Certification Process for State 
     Capital Counsel Systems'' (RIN1121-AA74) received in the 
     Office of the President of the Senate on December 19, 2008; 
     to the Committee on the Judiciary.
       EC-212. A communication from the Associate Attorney 
     General, Office of Legal Policy, Department of Justice, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revised Regulations for Records Relating to Visual 
     Depictions of Sexually Explicit Conduct; Inspection of 
     Records Relating to Depiction of Simulated Sexually Explicit 
     Performance'' ((RIN1105-AB18)(RIN1105-AB19)) received in the 
     Office of the President of the Senate on December 19, 2008; 
     to the Committee on the Judiciary.
       EC-213. A communication from the Program Analyst, 
     Citizenship and Immigration Services, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Adjustment of Status to Lawful Permanent Resident 
     for Aliens in T or U Nonimmigrant Status'' (RIN1615-AA60) 
     received in the Office of the President of the Senate on 
     December 19, 2008; to the Committee on the Judiciary.
       EC-214. A communication from the Program Analyst, 
     Citizenship and Immigration Services, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Changes to Requirements Affecting H-2A 
     Nonimmigrants'' (RIN1615-AB65) received in the Office of the 
     President of the Senate on December 19, 2008; to the 
     Committee on the Judiciary.
       EC-215. A communication from the Under Secretary of Defense 
     (Comptroller), transmitting, pursuant to law, a report 
     relative to the certification that the current Future Years 
     Defense Program fully funds the support costs for the fiscal 
     years 2009 through 2013 VIRGINIA Class Submarine MYP 
     contract; to the Committee on Armed Services.
       EC-216. A communication from the Associate General Counsel 
     for Legislation and Regulations, Office of the Secretary, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``Revision of 
     Hearing Procedures'' (RIN2501-AD24) received in the Office of 
     the President of the Senate on January 5, 2009; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-217. A communication from the Associate General Counsel 
     for Legislation and Regulations, Office of the Secretary, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the Regulations Implementing the Program Fraud Civil Remedies 
     Act of 1986'' (RIN2501-AD25) received in the Office of the 
     President of the Senate on

[[Page 78]]

     January 5, 2009; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-218. A communication from the Acting Assistant 
     Administrator for Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries in the Western 
     Pacific; Bottomfish and Seamount Groundfish Fisheries; 
     Management Measures for the Northern Mariana Islands'' 
     (RIN0648-AV28) received in the Office of the President of the 
     Senate on January 5, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-219. A communication from the Acting Assistant 
     Administrator for Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Atlantic Highly 
     Migratory Species; Atlantic Bluefin Tuna Fisheries'' 
     (RIN0648-XM15) received in the Office of the President of the 
     Senate on January 5, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-220. A communication from the Director, Office of 
     Surface Mining Reclamation and Enforcement, Department of the 
     Interior, transmitting, pursuant to law, the report of a rule 
     entitled ``Montana Regulatory Program'' ((SATS No. MT-028-
     FOR)(Docket No. OSM-2008-0018)) received in the Office of the 
     President of the Senate on January 5, 2009; to the Committee 
     on Energy and Natural Resources.

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. 
             Kennedy, Mr. Begich, Mrs. Boxer, Mr. Durbin, Mr. 
             Menendez, Mr. Bingaman, Mr. Casey, Mr. Lautenberg, 
             Ms. Stabenow, Mrs. McCaskill, Mr. Lieberman, Ms. 
             Klobuchar, Mrs. Clinton, and Mr. Schumer):
       S. 1. A bill to create jobs, restore economic growth, and 
     strengthen America's middle class through measures that 
     modernize the nation's infrastructure, enhance America's 
     energy independence, expand educational opportunities, 
     preserve and improve affordable health care, provide tax 
     relief, and protect those in greatest need, and for other 
     purposes; read the first time.
           By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. 
             Kennedy, Mr. Begich, Mr. Durbin, Mrs. Boxer, Mr. 
             Menendez, Mr. Bingaman, Mr. Casey, Mr. Lautenberg, 
             Ms. Stabenow, Mrs. McCaskill, Mr. Lieberman, Ms. 
             Klobuchar, Mrs. Clinton, Mr. Schumer, and Ms. 
             Mikulski):
       S. 2. A bill to improve the lives of middle class families 
     and provide them with greater opportunity to achieve the 
     American dream; read the first time.
           By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. 
             Kennedy, Mr. Begich, Mr. Durbin, Mr. Wyden, Mrs. 
             Boxer, Mr. Menendez, Mr. Bingaman, Mr. Casey, Mr. 
             Lautenberg, Ms. Stabenow, Mrs. McCaskill, Ms. 
             Klobuchar, Mrs. Clinton, Mr. Schumer, and Ms. 
             Mikulski):
       S. 3. A bill to protect homeowners and consumers by 
     reducing foreclosures, ensuring the availability of credit 
     for homeowners, businesses, and consumers, and reforming the 
     financial regulatory system, and for other purposes; read the 
     first time.
           By Mr. REID (for himself, Mr. Levin, Mr. Dodd, Mr. 
             Kerry, Mr. Harkin, Mr. Kennedy, Mr. Begich, Mrs. 
             Clinton, Mr. Durbin, Mrs. Boxer, Mr. Menendez, Mr. 
             Bingaman, Mr. Casey, Mr. Lautenberg, Ms. Stabenow, 
             Mrs. McCaskill, Ms. Klobuchar, and Mr. Schumer):
       S. 4. A bill to guarantee affordable, quality health 
     coverage for all Americans, and for other purposes; read the 
     first time.
           By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. 
             Harkin, Mr. Kennedy, Mr. Begich, Mrs. Boxer, Mr. 
             Durbin, Mr. Menendez, Mr. Bingaman, Mrs. Shaheen, Mr. 
             Casey, Ms. Stabenow, Mrs. McCaskill, Mr. Dodd, Ms. 
             Klobuchar, Mrs. Clinton, Mr. Akaka, Mr. Schumer, and 
             Ms. Mikulski):
       S. 5. A bill to improve the economy and security of the 
     United States by reducing the dependence of the United States 
     on foreign and unsustainable energy sources and the risks of 
     global warming, and for other purposes; read the first time.
           By Mr. REID (for himself, Mr. Durbin, Mr. Kerry, Mr. 
             Levin, Mr. Lieberman, Mrs. Feinstein, Mr. Kennedy, 
             Mr. Begich, Mrs. Boxer, Mr. Menendez, Mr. Bingaman, 
             Mrs. Shaheen, Mr. Casey, Mr. Lautenberg, Ms. 
             Stabenow, Mrs. McCaskill, Ms. Klobuchar, Mr. Schumer, 
             and Ms. Mikulski):
       S. 6. A bill to restore and enhance the national security 
     of the United States; read the first time.
           By Mr. REID (for himself, Mr. Levin, Mr. Dodd, Mr. 
             Kennedy, Mr. Kerry, Mr. Begich, Mr. Lieberman, Mr. 
             Durbin, Mrs. Boxer, Mr. Menendez, Mr. Bingaman, Mr. 
             Casey, Mr. Lautenberg, Ms. Stabenow, Mrs. McCaskill, 
             Ms. Klobuchar, Mrs. Clinton, Mr. Akaka, Mr. Schumer, 
             and Ms. Mikulski):
       S. 7. A bill to expand educational opportunities for all 
     Americans by increasing access to high-quality early 
     childhood education and after school programs, advancing 
     reform in elementary and secondary education, strengthening 
     mathematics and science instruction, and ensuring that higher 
     education is more affordable, and for other purposes; read 
     the first time.
           By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. 
             Begich, Mr. Durbin, Mrs. Boxer, Mr. Menendez, Mr. 
             Bingaman, Mr. Casey, Mr. Lautenberg, Ms. Stabenow, 
             Mrs. McCaskill, Ms. Klobuchar, Mrs. Clinton, Mr. 
             Schumer, and Ms. Mikulski):
       S. 8. A bill to return the Government to the people by 
     reviewing controversial ``midnight regulations'' issued in 
     the waning days of the Bush Administration; read the first 
     time.
           By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. 
             Kennedy, Mr. Begich, Mr. Durbin, Mr. Leahy, Mrs. 
             Boxer, Mr. Bingaman, Mrs. McCaskill, Mr. Lieberman, 
             Ms. Klobuchar, and Mr. Schumer):
       S. 9. A bill to strengthen the United States economy, 
     provide for more effective border and employment enforcement, 
     and for other purposes; read the first time.
           By Mr. REID (for himself, Mr. Conrad, Mr. Levin, Mr. 
             Begich, Mr. Carper, Mr. Durbin, Mrs. Boxer, Mr. 
             Menendez, Mr. Bingaman, Ms. Stabenow, Mrs. McCaskill, 
             Ms. Klobuchar, Mrs. Clinton, Mr. Schumer, and Ms. 
             Mikulski):
       S. 10. A bill to restore fiscal discipline and begin to 
     address the long-term fiscal challenges facing the United 
     States, and for other purposes; read the first time.
           By Mr. REID (for himself, Mrs. Clinton, Mr. Akaka, Mr. 
             Inouye, Mr. Whitehouse, Mr. Lautenberg, Mrs. Murray, 
             Mr. Menendez, Mr. Levin, Mr. Baucus, Mr. Kerry, Mrs. 
             Boxer, Mr. Carper, Mrs. Feinstein, and Ms. Stabenow):
       S. 21. A bill to reduce unintended pregnancy, reduce 
     abortions, and improve access to women's health care; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. ENSIGN:
       S. 31. A bill to amend the Internal Revenue Code of 1986 
     with respect to the proper tax treatment of certain 
     indebtedness discharged in 2009 or 2010, and for other 
     purposes; to the Committee on Finance.
           By Mr. SPECTER (for himself and Mr. Casey):
       S. 32. A bill to require the Federal Energy Regulatory 
     Commission to hold at least 1 public hearing before issuance 
     of a permit affecting public or private land use in a 
     locality; to the Committee on Energy and Natural Resources.
           By Mr. ENSIGN:
       S. 33. A bill to amend the Internal Revenue Code of 1986 
     with respect to the proper tax treatment of certain 
     indebtedness discharged in 2009 or 2010, and for other 
     purposes; read the first time.
           By Mr. DeMINT (for himself, Mr. Inhofe, Mr. Thune, Mr. 
             Alexander, Mr. Barrasso, Mr. Bond, Mr. Brownback, Mr. 
             Chambliss, Mr. Coburn, Mr. Cornyn, Mr. Crapo, Mr. 
             Ensign, Mr. Enzi, Mr. Graham, Mrs. Hutchison, Mr. 
             Isakson, Mr. Kyl, Mr. Lugar, Mr. Martinez, Mr. 
             McConnell, Mr. Roberts, Mr. Sessions, Mr. Vitter, Mr. 
             Voinovich, and Mr. Wicker):
       S. 34. A bill to prevent the Federal Communications 
     Commission from repromulgating the fairness doctrine; read 
     the first time.
           By Mrs. HUTCHISON (for herself, Mr. Alexander, Mr. 
             Ensign, Mr. Cornyn, and Mr. Martinez):
       S. 35. A bill to provide a permanent deduction for State 
     and local general sales taxes; to the Committee on Finance.
           By Mr. McCAIN (for himself and Mr. Ensign):
       S. 36. A bill to repeal the perimeter rule for Ronald 
     Reagan Washington National Airport, and for other purposes; 
     to the Committee on Commerce, Science, and Transportation.
           By Mr. McCAIN:
       S. 37. A bill to amend the Internal Revenue Code of 1986 to 
     permanently extend the research credit; to the Committee on 
     Finance.
           By Mr. McCAIN (for himself and Mr. Dorgan):
       S. 38. A bill to establish a United States Boxing 
     Commission to administer the Act, and for other purposes; to 
     the Committee on Commerce, Science, and Transportation.
           By Mr. McCAIN (for himself and Mr. Kyl):
       S. 39. A bill to repeal section 10(f) of Public Law 93-531, 
     commonly known as the ``Bennett Freeze''; to the Committee on 
     Indian Affairs.
           By Mr. McCAIN (for himself and Mr. Kyl):

[[Page 79]]


       S. 40. A bill to designate Fossil Creek, a tributary of the 
     Verde River in the State of Arizona, as a component of the 
     National Wild and Scenic Rivers System; to the Committee on 
     Energy and Natural Resources.
           By Mr. ENSIGN:
       S. 41. A bill to require a 50-hour workweek for Federal 
     prison inmates, to reform inmate work programs, and for other 
     purposes; to the Committee on the Judiciary.
           By Mr. ENSIGN (for himself, Mr. Cornyn, Mr. Bond, Mr. 
             Burr, Mr. Vitter, Mr. Enzi, and Mr. Isakson):
       S. 42. A bill to amend title II of the Social Security Act 
     to preserve and protect Social Security benefits of American 
     workers and to help ensure greater congressional oversight of 
     the Social Security system by requiring that both Houses of 
     Congress approve a totalization agreement before the 
     agreement, giving foreign workers Social Security benefits, 
     can go into effect; to the Committee on Finance.
           By Mr. ENSIGN:
       S. 43. A bill to make the moratorium on Internet access 
     taxes and multiple and discriminatory taxes on electronic 
     commerce permanent; to the Committee on Finance.
           By Mr. ENSIGN:
       S. 44. A bill to amend the Internal Revenue Code of 1986 to 
     treat income earned by mutual funds from exchange-traded 
     funds holding precious metal bullion as qualifying income; to 
     the Committee on Finance.
           By Mr. ENSIGN (for himself, Mr. McConnell, Mr. Gregg, 
             Mr. Cornyn, Mr. Burr, Mr. Vitter, Mr. Inhofe, Mr. 
             Voinovich, and Mr. Coburn):
       S. 45. A bill to improve patient access to health care 
     services and provide improved medical care by reducing the 
     excessive burden the liability system places on the health 
     care delivery system; to the Committee on Health, Education, 
     Labor, and Pensions.
           By Mr. ENSIGN (for himself, Mrs. Lincoln, Mr. Cardin, 
             Ms. Collins, Ms. Stabenow, Mr. Whitehouse, Mr. Casey, 
             Mr. Leahy, Mr. Graham, Mr. Specter, Mr. Durbin, and 
             Mr. Akaka):
       S. 46. A bill to amend title XVIII of the Social Security 
     Act to repeal the Medicare outpatient rehabilitation therapy 
     caps; to the Committee on Finance.
           By Mr. ENSIGN (for himself, Mr. Vitter, Mr. Cornyn, Mr. 
             Isakson, Mr. Coburn, Mr. DeMint, and Mr. Crapo):
       S. 47. A bill to amend the Internal Revenue Code of 1986 to 
     repeal the excise tax on telephone and other communication 
     services; to the Committee on Finance.
           By Mr. ENSIGN:
       S. 48. A bill to amend the Help America Vote Act of 2002 to 
     require new voting systems to provide a voter-verified 
     permanent record, to develop better accessible voting 
     machines for individuals with disabilities, and for other 
     purposes; to the Committee on Rules and Administration.
           By Mr. LEAHY (for himself and Mr. Cornyn):
       S. 49. A bill to help Federal prosecutors and investigators 
     combat public corruption by strengthening and clarifying the 
     law; to the Committee on the Judiciary.
           By Mr. INOUYE:
       S. 50. A bill to amend chapter 81 of title 5, United States 
     Code, to authorize the use of clinical social workers to 
     conduct evaluations to determine work-related emotional and 
     mental illnesses; to the Committee on Homeland Security and 
     Governmental Affairs.
           By Mr. INOUYE:
       S. 51. A bill to amend title 10, United States Code, to 
     recognize the United States Military Cancer Institute as an 
     establishment within the Uniformed Services University of the 
     Health Sciences, to require the Institute to promote the 
     health of members of the Armed Forces and their dependents by 
     enhancing cancer research and treatment, to provide for a 
     study of the epidemiological causes of cancer among various 
     ethnic groups for cancer prevention and early detection 
     efforts, and for other purposes; to the Committee on Armed 
     Services.
           By Mr. INOUYE:
       S. 52. A bill to amend title XIX of the Social Security Act 
     to provide 100 percent reimbursement for medical assistance 
     provided to a Native Hawaiian through a Federally-qualified 
     health center or a Native Hawaiian health care system; to the 
     Committee on Finance.
           By Mr. INOUYE:
       S. 53. A bill to amend title XIX of the Social Security Act 
     to provide for coverage of services provided by nursing 
     school clinics under State Medicaid programs; to the 
     Committee on Finance.
           By Mr. INOUYE:
       S. 54. A bill to amend title XVIII of the Social Security 
     Act to provide for patient protection by establishing minimum 
     nurse staffing ratios at certain Medicare providers, and for 
     other purposes; to the Committee on Finance.
           By Mr. INOUYE:
       S. 55. A bill to amend title XVIII of the Social Security 
     Act to provide improved reimbursement for clinical social 
     worker services under the Medicare program; to the Committee 
     on Finance.
           By Mr. INOUYE:
       S. 56. A bill to amend title XVIII of the Social Security 
     Act to remove the restriction that a clinical psychologist or 
     clinical social worker provide services in a comprehensive 
     outpatient rehabilitation facility to a patient only under 
     the care of a physician; to the Committee on Finance.
           By Mr. INOUYE:
       S. 57. A bill to amend title VII of the Public Health 
     Service Act to establish a psychology post-doctoral 
     fellowship program, and for other purposes; to the Committee 
     on Health, Education, Labor, and Pensions.
           By Mr. INOUYE:
       S. 58. A bill to amend the Internal Revenue Code of 1986 to 
     modify the application of the tonnage tax on vessels 
     operating in the dual United States domestic and foreign 
     trades, and for other purposes; to the Committee on Finance.
           By Mr. INOUYE:
       S. 59. A bill to amend title VII of the Public Health 
     Service Act to make certain graduate programs in professional 
     psychology eligible to participate in various health 
     professions loan programs; to the Committee on Health, 
     Education, Labor, and Pensions.
           By Mrs. FEINSTEIN (for herself, Mr. Schumer, Ms. Snowe, 
             and Mrs. Boxer):
       S. 60. A bill to prohibit the sale and counterfeiting of 
     Presidential inaugural tickets; to the Committee on Rules and 
     Administration.
           By Mr. DURBIN (for himself, Mrs. Boxer, Mrs. Feinstein, 
             Mr. Harkin, Mr. Schumer, and Mr. Whitehouse):
       S. 61. A bill to amend title 11 of the United States Code 
     with respect to modification of certain mortgages on 
     principal residences, and for other purposes; to the 
     Committee on the Judiciary.
           By Mr. INHOFE:
       S. 62. A bill to prevent the Federal Communications 
     Commission from repromulgating the fairness doctrine; to the 
     Committee on Commerce, Science, and Transportation.
           By Mr. INOUYE:
       S. 63. A bill to amend title XIX of the Social Security Act 
     to improve access to advanced practice nurses and physicians' 
     assistants under the Medicaid Program; to the Committee on 
     Finance.
           By Mr. INHOFE (for himself, Mr. Enzi, Mr. Barrasso, Mr. 
             Wicker, Mr. DeMint, and Mrs. Lincoln):
       S. 64. A bill to amend the Emergency Economic Stabilization 
     Act to require approval by the Congress for certain 
     expenditures for the Troubled Asset Relief Program; to the 
     Committee on Banking, Housing, and Urban Affairs.
           By Mr. INOUYE:
       S. 65. A bill to provide relief to the Pottawatomi Nation 
     in Canada for settlement of certain claims against the United 
     States; to the Committee on the Judiciary.
           By Mr. INOUYE (for himself and Ms. Landrieu):
       S. 66. A bill to amend title 10, United States Code, to 
     permit former members of the Armed Forces who have a service-
     connected disability rated as total to travel on military 
     aircraft in the same manner and to the same extent as retired 
     members of the Armed Forces are entitled to travel on such 
     aircraft; to the Committee on Armed Services.
           By Mr. INOUYE:
       S. 67. A bill to amend title 10, United States Code, to 
     authorize certain disabled former prisoners of war to use 
     Department of Defense commissary and exchange stores; to the 
     Committee on Armed Services.
           By Mr. INOUYE:
       S. 68. A bill to require the Secretary of the Army to 
     determine the validity of the claims of certain Filipinos 
     that they performed military service on behalf of the United 
     States during World War II; to the Committee on Veterans' 
     Affairs.
           By Mr. INOUYE (for himself, Mr. Lieberman, Mr. Carper, 
             Ms. Murkowski, Mr. Levin, and Mr. Akaka):
       S. 69. A bill to establish a fact-finding Commission to 
     extend the study of a prior Commission to investigate and 
     determine facts and circumstances surrounding the relocation, 
     internment, and deportation to Axis countries of Latin 
     Americans of Japanese descent from December 1941 through 
     February 1948, and the impact of those actions by the United 
     States, and to recommend appropriate remedies, and for other 
     purposes; to the Committee on Homeland Security and 
     Governmental Affairs.
           By Mr. INOUYE:
       S. 70. A bill to restore the traditional day of observance 
     of Memorial Day, and for other purposes; to the Committee on 
     the Judiciary.
           By Mr. SCHUMER (for himself and Mr. Crapo):
       S. 71. A bill to amend the Internal Revenue Code of 1986 to 
     repeal the excise tax on telephone and other communications 
     services; to the Committee on Finance.
           By Mr. INOUYE (for himself and Mr. Akaka):
       S. 72. A bill to reauthorize the programs of the Department 
     of Housing and Urban Development for housing assistance for 
     Native Hawaiians; to the Committee on Indian Affairs.
           By Mrs. FEINSTEIN:
       S. 73. A bill to establish a systematic mortgage 
     modification program at the Federal

[[Page 80]]

     Deposit Insurance Corporation, and for other purposes; to the 
     Committee on Banking, Housing, and Urban Affairs.
           By Mrs. HUTCHISON (for herself, Mr. Vitter, Mr. 
             Martinez, Mr. Cornyn, and Mr. Ensign):
       S. 74. A bill to provide permanent tax relief from the 
     marriage penalty; to the Committee on Finance.
           By Mr. KOHL:
       S. 75. A bill to amend title XVIII of the Social Security 
     Act to require the use of generic drugs under the Medicare 
     part D prescription drug program when available unless the 
     brand name drug is determined to be medically necessary; to 
     the Committee on Finance.
           By Mr. INOUYE:
       S. 76. A bill to amend the Native Hawaiian Health Care 
     Improvement Act to revise and extend that Act; to the 
     Committee on Indian Affairs.
           By Mr. KERRY (for himself and Ms. Snowe):
       S. 77. A bill to amend title XXI of the Social Security Act 
     to provide for equal coverage of mental health services under 
     the State Children's Health Insurance Program; to the 
     Committee on Finance.
           By Mr. KERRY (for himself and Ms. Snowe):
       S. 78. A bill to amend the Internal Revenue Code of 1986 to 
     provide a full exclusion for gain from certain small business 
     stocks; to the Committee on Finance.
           By Mr. KERRY:
       S. 79. A bill to amend the Social Security Act to establish 
     a Federal Reinsurance Program for Catastrophic Health Care 
     Costs; to the Committee on Finance.
           By Mr. VITTER:
       S. 80. A bill to amend the Federal Food, Drug, and Cosmetic 
     Act with respect to the importation of prescription drugs, 
     and for other purposes; to the Committee on Health, 
     Education, Labor, and Pensions.
           By Mr. VITTER:
       S. 81. A bill to amend title II of the Social Security Act 
     to allow workers who attain age 65 after 1981 and before 1992 
     to choose either lump sum payments over four years totaling 
     $5,000 or an improved benefit computation formula under a new 
     10-year rule governing the transition to the changes in 
     benefit computation rules enacted in the Social Security 
     Amendments of 1977, and for other purposes; to the Committee 
     on Finance.
           By Mr. VITTER:
       S. 82. A bill to amend title XXI of the Social Security Act 
     to reauthorize the State Children's Health Insurance Program, 
     to limit income eligibility expansions under that program 
     until the lowest income eligible individuals are enrolled, 
     and for other purposes; to the Committee on Finance.
           By Mr. VITTER:
       S. 83. A bill to amend the Internal Revenue Code of 1986 to 
     expand the Coverdell education savings accounts to allow home 
     school education expenses, and for other purposes; to the 
     Committee on Finance.
           By Mr. VITTER:
       S. 84. A bill to close the loophole that allowed the 9/11 
     hijackers to obtain credit cards from United States banks 
     that financed their terrorist activities, to ensure that 
     illegal immigrants cannot obtain credit cards to evade United 
     States immigration laws, and for other purposes; to the 
     Committee on Banking, Housing, and Urban Affairs.
           By Mr. VITTER:
       S. 85. A bill to amend title X of the Public Health Service 
     Act to prohibit family planning grants from being awarded to 
     any entity that performs abortions; to the Committee on 
     Health, Education, Labor, and Pensions.
           By Mr. VITTER (for himself and Mr. Burr):
       S. 86. A bill to establish a procedure to safeguard the 
     Social Security Trust Funds; to the Committee on the Budget.
           By Mr. VITTER:
       S. 87. A bill to amend the procedures regarding military 
     recruiter access to secondary school student recruiting 
     information; to the Committee on Health, Education, Labor, 
     and Pensions.
           By Mr. VITTER:
       S. 88. A bill to amend part B of the Individuals with 
     Disabilities Education Act to provide full Federal funding of 
     such part; to the Committee on Health, Education, Labor, and 
     Pensions.
           By Mr. VITTER:
       S. 89. A bill to authorize the Moving to Work Charter 
     program to enable public housing agencies to improve the 
     effectiveness of Federal housing assistance, and for other 
     purposes; to the Committee on Banking, Housing, and Urban 
     Affairs.
           By Mr. VITTER:
       S. 90. A bill to preserve open competition and Federal 
     Government neutrality towards the labor relations of Federal 
     Government contractors on Federal and federally funded 
     construction projects; to the Committee on Homeland Security 
     and Governmental Affairs.
           By Mr. VITTER:
       S. 91. A bill to reduce the amount of financial assistance 
     provided to the Government of Mexico in response to the 
     illegal border crossings from Mexico into the United States, 
     which serve to dissipate the political discontent with the 
     higher unemployment rate within Mexico; to the Committee on 
     Foreign Relations.
           By Mr. VITTER:
       S. 92. A bill to ensure the safety of seafood and seafood 
     products being imported into the United States; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. BROWN:
       S. 93. A bill to provide quality, affordable health 
     insurance for small employers and individuals; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. VITTER:
       S. 94. A bill to amend the Internal Revenue Code of 1986 to 
     provide for a nonrefundable tax credit for long-term care 
     insurance premiums; to the Committee on Finance.
           By Mr. VITTER:
       S. 95. A bill to prohibit appropriated funds from being 
     used in contravention of section 642(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996; 
     to the Committee on the Judiciary.
           By Mr. VITTER:
       S. 96. A bill to prohibit certain abortion-related 
     discrimination in governmental activities; to the Committee 
     on Health, Education, Labor, and Pensions.
           By Mr. VITTER:
       S. 97. A bill to amend title IV of the Social Security Act 
     to require States to implement a drug testing program for 
     applicants for and recipients of assistance under the 
     Temporary Assistance for Needy Families (TANF) program; to 
     the Committee on Finance.
           By Mr. VITTER:
       S. 98. A bill to impose admitting privilege requirements 
     with respect to physicians who perform abortions; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. VITTER:
       S. 99. A bill to amend the Internal Revenue Code of 1986 to 
     provide a Federal income tax credit for certain stem cell 
     research expenditures; to the Committee on Finance.
           By Mr. VITTER:
       S. 100. A bill to amend the Internal Revenue Code of 1986 
     to provide a tax deduction for itemizers and nonitemizers for 
     expenses relating to home schooling; to the Committee on 
     Finance.
           By Mr. VITTER:
       S. 101. A bill to amend the Internal Revenue Code of 1986 
     to allow expenses relating to all home schools to be 
     qualified education expenses for purposes of a Coverdell 
     education savings account; to the Committee on Finance.
           By Mr. VITTER:
       S. 102. A bill to repeal the provision of law that provides 
     automatic pay adjustments for Members of Congress; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. VITTER:
       S. 103. A bill to require disclosure and payment of 
     noncommercial air travel in the Senate; to the Committee on 
     Rules and Administration.
           By Mr. VITTER:
       S. 104. A bill to prohibit authorized committees and 
     leadership PACs from employing the spouse or immediate family 
     members of any candidate or Federal office holder connected 
     to the committee; to the Committee on Rules and 
     Administration.
           By Mr. VITTER:
       S. 105. A bill to amend the Ethics in Government Act of 
     1978 to establish criminal penalties for knowingly and 
     willfully falsifying or failing to file or report certain 
     information required to be reported under that Act; to the 
     Committee on Homeland Security and Governmental Affairs.
           By Mr. VITTER:
       S. 106. A bill to require that all individuals convicted of 
     a felony under State law provide a DNA sample; to the 
     Committee on the Judiciary.
           By Mr. VITTER:
       S. 107. A bill to authorize funding for the Advancing 
     Justice through DNA Technology initiative; to the Committee 
     on the Judiciary.
           By Mr. VITTER:
       S. 108. A bill to prohibit the admission of an alien who 
     was detained as an enemy combatant at Guantanamo Bay, Cuba, 
     unless the President determines that such admission is 
     consistent with the national security of the United States, 
     and for other purposes; to the Committee on the Judiciary.
           By Mr. LEVIN (for himself and Ms. Stabenow):
       S. 109. A bill to designate the Beaver Basin Wilderness at 
     Pictured Rocks National Lakeshore in the State of Michigan; 
     to the Committee on Energy and Natural Resources.
           By Mr. LEVIN (for himself and Ms. Stabenow):
       S. 110. A bill to provide for the designation of the River 
     Raisin National Battlefield Park in the State of Michigan; to 
     the Committee on Energy and Natural Resources.
           By Mrs. FEINSTEIN:
       S. 111. A bill for the relief of Joseph Gabra and Sharon 
     Kamel; to the Committee on the Judiciary.
           By Mr. INOUYE:
       S. 112. A bill to treat certain hospital support 
     organizations as qualified organizations for purposes of 
     determining acquisition indebtedness; to the Committee on 
     Finance.
           By Mr. INOUYE:
       S. 113. A bill to amend the Public Health Service Act to 
     provide health care practitioners in rural areas with 
     training in preventive health care, including both physical

[[Page 81]]

     and mental care, and for other purposes; to the Committee on 
     Health, Education, Labor, and Pensions.
           By Mr. INOUYE:
       S. 114. A bill to amend the Public Health Service Act to 
     provide for the establishment of a National Center for Social 
     Work Research; to the Committee on Health, Education, Labor, 
     and Pensions.
           By Mr. VITTER:
       S. 115. A bill to amend title II of the Social Security Act 
     to provide that wages earned, and self-employment income 
     derived, by individuals while such individuals were not 
     citizens or nationals of the United States and were illegally 
     in the United States shall not be credited for coverage under 
     the old-age, survivors, and disability insurance program 
     under such title; to the Committee on Finance.
           By Mrs. FEINSTEIN:
       S. 116. A bill to require the Secretary of the Treasury to 
     allocate $10,000,000,000 of Troubled Asset Relief Program 
     funds to local governments that have suffered significant 
     losses due to highly-rated investments in failed financial 
     institutions; to the Committee on Banking, Housing, and Urban 
     Affairs.
           By Mr. KOHL (for himself, Ms. Collins, Mrs. Lincoln, 
             Mrs. Boxer, and Ms. Mikulski):
       S. 117. A bill to protect the property and security of 
     homeowners who are subject to foreclosure proceedings, and 
     for other purposes; to the Committee on Banking, Housing, and 
     Urban Affairs.
           By Mr. KOHL (for himself, Mr. Schumer, Mr. Durbin, Mr. 
             Brown, Mr. Nelson of Florida, Ms. Stabenow, Mr. 
             Leahy, and Mr. Casey):
       S. 118. A bill to amend section 202 of the Housing Act of 
     1959, to improve the program under such section for 
     supportive housing for the elderly, and for other purposes; 
     to the Committee on Banking, Housing, and Urban Affairs.
           By Mrs. FEINSTEIN:
       S. 119. A bill for the relief of Guy Privat Tape and Lou 
     Nazie Raymonde Toto; to the Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 120. A bill for the relief of Denes Fulop and Gyorgyi 
     Fulop; to the Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 121. A bill for the relief of Esidronio Arreola-Saucedo, 
     Maria Elna Cobian Arreola, Nayely Bibiana Arreola, and Cindy 
     Jael Arreola; to the Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 122. A bill for the relief of Robert Liang and Alice 
     Liang; to the Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 123. A bill for the relief of Jose Buendia Balderas, 
     Alicia Aranda De Buendia, and Ana Laura Buendia Aranda; to 
     the Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 124. A bill for the relief of Shigeru Yamada; to the 
     Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 125. A bill for the relief of Alfredo Plascencia Lopez 
     and Maria Del Refugio Plascencia; to the Committee on the 
     Judiciary.
           By Mrs. FEINSTEIN:
       S. 126. A bill for the relief of Claudia Marquez Rico; to 
     the Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 127. A bill for the relief of Jacqueline W. Coats; to 
     the Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 128. A bill for the relief of Jose Alberto Martinez 
     Moreno, Micaela Lopez Martinez, and Adilene Martinez; to the 
     Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 129. A bill for the relief of Ruben Mkoian, Asmik 
     Karapetian, and Arthur Mkoyan; to the Committee on the 
     Judiciary.
           By Mrs. FEINSTEIN:
       S. 130. A bill for the relief of Jorge Rojas Gutierrez, 
     Oliva Gonzalez Gonzalez, and Jorge Rojas Gonzalez; to the 
     Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 131. A bill to amend the Truth in Lending Act to provide 
     for enhanced disclosure under an open end credit plan; to the 
     Committee on Banking, Housing, and Urban Affairs.
           By Mrs. FEINSTEIN (for herself, Mr. Hatch, Mr. Bayh, 
             Mr. Kerry, Mrs. Murray, Mr. Kyl, Mr. Specter, Mr. 
             Schumer, and Ms. Cantwell):
       S. 132. A bill to increase and enhance law enforcement 
     resources committed to investigation and prosecution of 
     violent gangs, to deter and punish violent gang crime, to 
     protect law-abiding citizens and communities from violent 
     criminals, to revise and enhance criminal penalties for 
     violent crimes, to expand and improve gang prevention 
     programs, and for other purposes; to the Committee on the 
     Judiciary.
           By Mrs. FEINSTEIN (for herself, Ms. Snowe, Mr. 
             Lieberman, Mrs. Boxer, Mr. Nelson of Florida, Mr. 
             Kerry, and Mr. Specter):
       S. 133. A bill to prohibit any recipient of emergency 
     Federal economic assistance from using such funds for 
     lobbying expenditures or political contributions, to improve 
     transparency, enhance accountability, encourage responsible 
     corporate governance, and for other purposes; to the 
     Committee on Banking, Housing, and Urban Affairs.
           By Mr. LEVIN:
       S. 134. A bill to amend the National Trails System Act to 
     clarify Federal authority relating to land acquisition from 
     willing sellers for the North Country National Scenic Trail; 
     to the Committee on Energy and Natural Resources.
           By Mr. LEVIN (for himself and Ms. Stabenow):
       S. 135. A bill to decrease the matching funds requirement 
     and authorize additional appropriations for Keweenaw National 
     Historical Park in the State of Michigan; to the Committee on 
     Energy and Natural Resources.
           By Mr. BINGAMAN:
       S. 136. A bill for the relief of Ziad Mohamed Shaban 
     Khweis, Heyam Ziad Khweis, and Juman Ziad Khweis; to the 
     Committee on the Judiciary.
           By Mr. BROWN:
       S. 137. A bill to create jobs and reduce the dependence of 
     the United States on foreign and unsustainable energy sources 
     by promoting the production of green energy, and for other 
     purposes; to the Committee on Energy and Natural Resources.
           By Mr. KERRY (for himself, Ms. Snowe, and Mrs. 
             Lincoln):
       S. 138. A bill to amend the Internal Revenue Code of 1986 
     to repeal alternative minimum tax limitations on private 
     activity bond interest, and for other purposes; to the 
     Committee on Finance.
           By Mrs. FEINSTEIN:
       S. 139. A bill to require Federal agencies, and persons 
     engaged in interstate commerce, in possession of data 
     containing sensitive personally identifiable information, to 
     disclose any breach of such information; to the Committee on 
     the Judiciary.
           By Mrs. FEINSTEIN:
       S. 140. A bill to modify the requirements applicable to 
     locatable minerals on public domain lands, consistent with 
     the principles of self-initiation of mining claims, and for 
     other purposes; to the Committee on Energy and Natural 
     Resources.
           By Mrs. FEINSTEIN (for herself, Mr. Gregg, and Ms. 
             Snowe):
       S. 141. A bill to amend title 18, United States Code, to 
     limit the misuse of Social Security numbers, to establish 
     criminal penalties for such misuse, and for other purposes; 
     to the Committee on the Judiciary.
           By Mr. KERRY:
       S. 142. A bill to amend titles XIX and XXI of the Social 
     Security Act to ensure that every uninsured child in America 
     has health insurance coverage, and for other purposes; to the 
     Committee on Finance.
           By Mr. KERRY:
       S. 143. A bill to amend the Internal Revenue Code of 1986 
     to provide for a college opportunity tax credit; to the 
     Committee on Finance.
           By Mr. KERRY (for himself and Mr. Ensign):
       S. 144. A bill to amend the Internal Revenue Code of 1986 
     to remove cell phones from listed property under section 
     280F; to the Committee on Finance.
           By Mr. AKAKA:
       S. 145. A bill for the relief of Vichai Sae Tung (also 
     known as Chai Chaowasaree); to the Committee on the 
     Judiciary.
           By Mr. KOHL (for himself, Mr. Vitter, Mr. Leahy, Mr. 
             Feingold, Mr. Schumer, Ms. Klobuchar, Mr. Dorgan, and 
             Mr. Rockefeller):
       S. 146. A bill to amend the Federal antitrust laws to 
     provide expanded coverage and to eliminate exemptions from 
     such laws that are contrary to the public interest with 
     respect to railroads; to the Committee on the Judiciary.
           By Mrs. FEINSTEIN (for herself, Mr. Rockefeller, Mr. 
             Wyden, and Mr. Whitehouse):
       S. 147. A bill to require the closure of the detention 
     facility at Guantanamo Bay, Cuba, to limit the use of certain 
     interrogation techniques, to prohibit interrogation by 
     contractors, to require notification of the International 
     Committee of the Red Cross of detainees, and for other 
     purposes; to the Select Committee on Intelligence.
           By Mr. KOHL:
       S. 148. A bill to restore the rule that agreements between 
     manufacturers and retailers, distributors, or wholesalers to 
     set the minimum price below which the manufacturer's product 
     or service cannot be sold violates the Sherman Act; to the 
     Committee on the Judiciary.
           By Mr. KOHL:
       S. 149. A bill to change the date for regularly scheduled 
     Federal elections and establish polling place hours; to the 
     Committee on Rules and Administration.
           By Mr. LEAHY:
       S. 150. A bill to provide Federal assistance to States for 
     rural law enforcement and for other purposes; to the 
     Committee on the Judiciary.
           By Mr. McCAIN (for himself and Mr. Kyl):
       S. 151. A bill to protect Indian arts and crafts through 
     the improvement of applicable criminal proceedings, and for 
     other purposes; to the Committee on Indian Affairs.
           By Mr. McCAIN (for himself and Mr. Kyl):

[[Page 82]]


       S. 152. A bill to direct the Secretary of the Interior and 
     the Secretary of Agriculture to jointly conduct a study of 
     certain land adjacent to the Walnut Canyon National Monument 
     in the State of Arizona; to the Committee on Energy and 
     Natural Resources.
           By Mr. McCAIN (for himself and Mr. Kyl):
       S. 153. A bill to amend the National Trails System Act to 
     designate the Arizona National Scenic Trail; to the Committee 
     on Energy and Natural Resources.
           By Mr. ENSIGN (for himself, Mr. Crapo, Mr. Inhofe, Mr. 
             Isakson, and Mr. Martinez):
       S. 154. A bill to require the Congressional Budget Office 
     and the Joint Committee on Taxation to use dynamic economic 
     modeling in addition to static economic modeling in the 
     preparation of budgetary estimates of proposed changes in 
     Federal revenue law; to the Committee on the Budget.
           By Ms. SNOWE (for herself, Mrs. Lincoln, and Mr. 
             Bunning):
       S. 155. A bill to amend the Internal Revenue Code of 1986 
     to suspend the taxation of unemployment compensation for 2 
     years; to the Committee on Finance.
           By Ms. SNOWE (for herself, Mr. Kerry, and Ms. 
             Landrieu):
       S. 156. A bill to amend the Internal Revenue Code of 1986 
     to extend enhanced small business expensing and to provide 
     for a 5-year net operating loss carryback for losses incurred 
     in 2008 or 2009; to the Committee on Finance.
           By Ms. SNOWE (for herself and Mrs. Lincoln):
       S. 157. A bill to amend the Internal Revenue Code of 1986 
     to expand the temporary waiver of required minimum 
     distribution rules for certain retirement plans and accounts; 
     to the Committee on Finance.
           By Ms. SNOWE (for herself, Mr. Kerry, Mr. Brown, and 
             Mrs. Lincoln):
       S. 158. A bill to amend the Internal Revenue Code of 1986 
     to expand the availability of industrial development bonds to 
     facilities manufacturing intangible property; to the 
     Committee on Finance.
           By Mr. LAUTENBERG (for himself and Mr. Menendez):
       S. 159. A bill to establish the Paterson Great Falls 
     National Historical Park, and for other purposes; to the 
     Committee on Energy and Natural Resources.
           By Mr. LIEBERMAN (for himself, Mr. Hatch, Mr. Leahy, 
             Mr. Kennedy, Mrs. Clinton, Mr. Dodd, Mr. Sanders, Mr. 
             Kerry, Mr. Durbin, and Mr. Feingold):
       S. 160. A bill to provide the District of Columbia a voting 
     seat and the State of Utah an additional seat in the House of 
     Representatives; to the Committee on Homeland Security and 
     Governmental Affairs.
           By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
       S. 161. A bill to authorize implementation of the San 
     Joaquin River Restoration Settlement, and for other purposes; 
     to the Committee on Energy and Natural Resources.
           By Mr. FEINGOLD (for himself, Mr. McCain, Mrs. 
             McCaskill, Mr. Graham, and Mr. Coburn):
       S. 162. A bill to provide greater accountability of 
     taxpayers' dollars by curtailing congressional earmarking, 
     and for other purposes; to the Committee on Rules and 
     Administration.
           By Mr. VITTER:
       S.J. Res. 1. A joint resolution proposing an amendment to 
     the Constitution of the United States relative to limiting 
     the number of terms that a Member of Congress may serve; to 
     the Committee on the Judiciary.
           By Mr. VITTER:
       S.J. Res. 2. A joint resolution proposing an amendment to 
     the Constitution of the United States authorizing the 
     Congress and the States to prohibit the act of desecration of 
     the flag of the United States and to set criminal penalties 
     for that act; to the Committee on the Judiciary.
           By Mr. REID:
       S.J. Res. 3. A joint resolution ensuring that the 
     compensation and other emoluments attached to the office of 
     Secretary of the Interior are those which were in effect on 
     January 1, 2005; considered and passed.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. REID (for himself and Mr. McConnell):
       S. Res. 1. A resolution informing the President of the 
     United States that a quorum of each House is assembled; 
     considered and agreed to.
           By Mr. REID (for himself and Mr. McConnell):
       S. Res. 2. A resolution informing the House of 
     Representatives that a quorum of the Senate is assembled; 
     considered and agreed to.
           By Mr. REID (for himself and Mr. McConnell):
       S. Res. 3. A resolution fixing the hour of daily meeting of 
     the Senate; considered and agreed to.
           By Mr. VITTER:
       S. Res. 4. A resolution expressing the sense of the Senate 
     that the Supreme Court of the United States erroneously 
     decided Kennedy v. Louisiana, No. 07-343 (2008), and that the 
     eighth amendment to the Constitution of the United States 
     allows the imposition of the death penalty for the rape of a 
     child; to the Committee on the Judiciary.
           By Mr. VITTER:
       S. Res. 5. A resolution expressing the support for prayer 
     at school board meetings; to the Committee on Health, 
     Education, Labor, and Pensions .
           By Mr. VITTER:
       S. Res. 6. A resolution expressing solidarity with Israel 
     in Israel's defense against terrorism in the Gaza Strip; to 
     the Committee on Foreign Relations.
           By Mr. INOUYE:
       S. Res. 7. A resolution expressing the sense of the Senate 
     regarding designation of the month of November as ``National 
     Military Family Month''; to the Committee on the Judiciary.
           By Mr. REID (for himself, Mr. McConnell, Mr. Reed, Mr. 
             Whitehouse, Mr. Akaka, Mr. Alexander, Mr. Barrasso, 
             Mr. Baucus, Mr. Bayh, Mr. Begich, Mr. Bennett, Mr. 
             Biden, Mr. Bingaman, Mr. Bond, Mrs. Boxer, Mr. Brown, 
             Mr. Brownback, Mr. Bunning, Mr. Burr, Mr. Byrd, Ms. 
             Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. 
             Chambliss, Mrs. Clinton, Mr. Coburn, Mr. Cochran, Ms. 
             Collins, Mr. Conrad, Mr. Corker, Mr. Cornyn, Mr. 
             Crapo, Mr. DeMint, Mr. Dodd, Mr. Dorgan, Mr. Durbin, 
             Mr. Ensign, Mr. Enzi, Mr. Feingold, Mrs. Feinstein, 
             Mr. Graham, Mr. Grassley, Mr. Gregg, Mrs. Hagan, Mr. 
             Harkin, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr. 
             Inouye, Mr. Isakson, Mr. Johanns, Mr. Johnson, Mr. 
             Kennedy, Mr. Kerry, Ms. Klobuchar, Mr. Kohl, Mr. Kyl, 
             Ms. Landrieu, Mr. Lautenberg, Mr. Leahy, Mr. Levin, 
             Mr. Lieberman, Mrs. Lincoln, Mr. Lugar, Mr. Martinez, 
             Mr. McCain, Mrs. McCaskill, Mr. Menendez, Mr. 
             Merkley, Ms. Mikulski, Ms. Murkowski, Mrs. Murray, 
             Mr. Nelson of Florida, Mr. Nelson of Nebraska, Mr. 
             Pryor, Mr. Risch, Mr. Roberts, Mr. Rockefeller, Mr. 
             Salazar, Mr. Sanders, Mr. Schumer, Mr. Sessions, Mrs. 
             Shaheen, Mr. Shelby, Ms. Snowe, Mr. Specter, Ms. 
             Stabenow, Mr. Tester, Mr. Thune, Mr. Udall of 
             Colorado, Mr. Udall of New Mexico, Mr. Vitter, Mr. 
             Voinovich, Mr. Warner, Mr. Webb, Mr. Wicker, and Mr. 
             Wyden):
       S. Res. 8. A resolution relative to the death of the 
     Honorable Claiborne de Borda Pell, former United States 
     Senator for the State of Rhode Island; considered and agreed 
     to.
           By Mr. REID (for himself and Mr. McConnell):
       S. Con. Res. 1. A concurrent resolution to provide for the 
     counting on January 8, 2009, of the electoral votes for 
     President and Vice President of the United States; considered 
     and agreed to.
           By Mr. REID (for himself and Mr. McConnell):
       S. Con. Res. 2. A concurrent resolution extending the life 
     of the Joint Congressional Committee on Inaugural Ceremonies; 
     considered and agreed to.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

                                 ______
                                 
      By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. Kennedy, Mr. 
        Begich, Mrs. Boxer, Mr. Durbin, Mr. Menendez, Mr. Bingaman, Mr. 
        Casey, Mr. Lautenberg, Ms. Stabenow, Mrs. McCaskill, Mr. 
        Lieberman, Ms. Klobuchar, Mrs. Clinton, Mr. Schumer):
  S. 1. A bill to create jobs, restore economic growth, and strengthen 
America's middle class through measures that modernize the nation's 
infrastructure, enhance America's energy independence, expand 
educational opportunities, preserve and improve affordable health care, 
provide tax relief, and protect those in greatest need, and for other 
purposes; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 1

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Recovery and 
     Reinvestment Act of 2009''.

     SEC. 2. JOB CREATION, ECONOMIC GROWTH, AND A STRONG MIDDLE 
                   CLASS.

       It is the sense of Congress that Congress should enact, and 
     the President should sign,

[[Page 83]]

     legislation to create jobs, restore economic growth, and 
     strengthen America's middle class through measures that--
       (1) modernize the nation's infrastructure;
       (2) enhance America's energy independence;
       (3) expand educational opportunities;
       (4) preserve and improve affordable health care;
       (5) provide tax relief; and
       (6) protect those in greatest need.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. Kennedy, Mr. 
        Begich, Mr. Durbin, Mrs. Boxer, Mr. Menendez, Mr. Bingaman, Mr. 
        Casey, Mr. Lautenberg, Ms. Stabenow, Mrs. McCaskill, Mr. 
        Lieberman, Ms. Klobuchar, Mrs. Clinton, Mr. Schumer, and Ms. 
        Mikulski):
  S. 2. A bill to improve the lives of middle class families and 
provide them with greater opportunity to achieve the American dream; 
read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 2

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Middle Class Opportunity Act 
     of 2009''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that Congress should enact, and 
     the President should sign, legislation to improve the lives 
     of middle class families and provide them with greater 
     opportunity to achieve the American dream by--
       (1) providing middle class tax relief while making the tax 
     laws simpler and more reliable;
       (2) promoting investments in the new economy and enacting 
     policies that create good, well-paying jobs in the United 
     States;
       (3) enhancing the incentives and protections to help middle 
     class families adequately meet their needs in retirement;
       (4) improving programs to help families acquire the 
     education and training to be productive participants in the 
     modern economy;
       (5) promoting families by improving the access and 
     affordability of child and elder care;
       (6) restoring fairness, prosperity, and economic security 
     for working families by ensuring workers can exercise their 
     rights to freely choose to form a union without employer 
     interference; and
       (7) removing barriers to fair pay for all workers.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. Kennedy, Mr. 
        Begich, Mr. Durbin, Mr. Wyden, Mrs. Boxer, Mr. Menendez, Mr. 
        Bingaman, Mr. Casey, Mr. Lautenberg, Ms. Stabenow, Mrs. 
        McCaskill, Ms. Klobuchar, Mrs. Clinton, Mr. Schumer, and Ms. 
        Mikulski):
  S. 3. A bill to to protect homeowners and consumers by reducing 
foreclosures, ensuring the availability of credit for homeowners, 
businesses, and consumers, and reforming the financial regulatory 
system, and for other purposes; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 3

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Homeowner Protection and 
     Wall Street Accountability Act of 2009''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that Congress should enact, and 
     the President should sign, legislation--
       (1) to stabilize the housing market and assist homeowners 
     by imposing a temporary moratorium on foreclosures, removing 
     impediments to the modification of distressed mortgages, 
     creating tax and other incentives to help prevent 
     foreclosures and encourage refinancing into affordable and 
     sustainable mortgage solutions, and pursuing other 
     foreclosure-prevention policies through the Troubled Asset 
     Relief Program or other programs;
       (2) to ensure the safety and soundness of the United States 
     financial system for investors by reforming the financial-
     regulatory system, strengthening systemic-risk regulation, 
     enhancing market transparency, and increasing consumer 
     protections in financial regulation to prevent predatory 
     lending practices;
       (3) to ensure credit-card accountability, responsibility 
     and disclosure; and
       (4) to stabilize credit markets for small-business lenders 
     to enhance their ability to make loans to small firms, and 
     stimulate the small-business loan markets by temporarily 
     streamlining and investing in the loan programs of the Small 
     Business Administration.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Levin, Mr. Dodd, Mr. Kerry, Mr. 
        Harkin, Mr. Kennedy, Mr. Begich, Mrs. Clinton, Mr. Durbin, Mrs. 
        Boxer, Mr. Menendez, Mr. Bingaman, Mr. Casey, Mr. Lautenberg, 
        Ms. Stabenow, Mrs. McCaskill, Ms. Klobuchar, and Mr. Schumer):
  S. 4 A bill to guarantee affordable, quality health coverage for all 
Americans, and for other purposes; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                  S. 4

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Health Reform 
     Act of 2009''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that Congress should enact, and 
     the President should sign, legislation to guarantee health 
     coverage, improve health care quality and disease prevention, 
     and reduce health care costs for all Americans and the health 
     care system.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. Harkin, Mr. 
        Kennedy, Mr. Begich, Mrs. Boxer, Mr. Durbin, Mr. Menendez, Mr. 
        Bingaman, Mrs. Shaheen, Mr. Casey, Ms. Stabenow, Mrs. 
        McCaskill, Mr. Dodd, Ms. Klobuchar, Mrs. Clinton, Mr. Akaka, 
        Mr. Schumer, and Ms. Mikulski):
  S. 5. A bill to improve the economy and security of the United States 
by reducing the dependence of the United States on foreign and 
unsustainable energy sources and the risks of global warming, and for 
other purposes; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 5

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cleaner, Greener, and 
     Smarter Act of 2009''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that Congress should enact, and 
     the President should sign, legislation to improve the economy 
     and the security of the United States by reducing the 
     dependence of the United States on foreign and unsustainable 
     energy sources and the risks of global warming by--
       (1) making and encouraging significant investments in green 
     job creation and clean energy across the economy;
       (2) diversifying and rapidly expanding the use of secure, 
     efficient, and environmentally-friendly energy supplies and 
     technologies;
       (3) transforming the infrastructure of the United States to 
     make the infrastructure sustainable and the United States 
     more competitive globally, including transmission grid 
     modernization and transportation sector electrification;
       (4) requiring reductions in emissions of greenhouse gases 
     in the United States and achieving reductions in emissions of 
     greenhouse gases abroad;
       (5) protecting consumers from volatile energy prices 
     through better market oversight and enhanced energy 
     efficiency standards and incentives; and
       (6) eliminating wasteful and unnecessary tax breaks and 
     giveaways that fail to move the United States toward a more 
     competitive and cleaner energy future.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mr. Kerry, Mr. Levin, Mr. 
        Lieberman, Mrs. Feinstein, Mr. Kennedy, Mr. Begich, Mrs. Boxer, 
        Mr. Menendez, Mr. Bingaman, Mrs. Shaheen, Mr. Casey, Mr. 
        Lautenberg, Ms. Stabenow, Mrs. McCaskill, Ms. Klobuchar, Mr. 
        Schumer, and Ms. Mikulski):

[[Page 84]]

  S. 6. A bill to restore and enhance the national security of the 
United States; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 6

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Restoring America's Power 
     Act of 2009''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that Congress should enact, and 
     the President should sign, legislation to restore and enhance 
     the national security of the United States by--
       (1) strengthening America's military capabilities and 
     recognizing the service of United States troops and the 
     commitment of their families by ensuring our Armed Forces 
     receive proper training and equipment prior to deployment, 
     support and medical care when they return home, and adequate 
     dwell time between deployments;
       (2) addressing the threat posed by Al Qaeda and other 
     terrorist groups with a comprehensive military, intelligence, 
     homeland security and diplomatic strategy and refocusing on 
     Afghanistan and Pakistan as the United States transitions in 
     Iraq;
       (3) defeating extremist ideology by increasing the 
     effectiveness of United States intelligence, diplomatic, and 
     foreign assistance capabilities; restoring the United States 
     standing in the world and strengthening alliances; and 
     addressing transnational humanitarian and development 
     challenges; and
       (4) reducing the threat posed by unsecured nuclear 
     materials and other weapons of mass destruction (WMD) and 
     effectively addressing the security challenges posed by Iran 
     and North Korea.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Levin, Mr. Dodd, Mr. Kennedy, Mr. 
        Kerry, Mr. Begich, Mr. Lieberman, Mr. Durbin, Mrs. Boxer, Mr. 
        Menendez, Mr. Bingaman, Mr. Casey, Mr. Lautenberg, Ms. 
        Stabenow, Mrs. McCaskill, Ms. Klobuchar, Mrs. Clinton, Mr. 
        Akaka, Mr. Schumer, and Ms. Mikulski):
  S. 7. A bill to expand educational opportunities for all Americans by 
increasing access to high-quality early childhood education and after 
school programs, advancing reform in elementary and secondary 
education, strengthening mathematics and science instruction, and 
ensuring that higher education is more affordable, and for other 
purposes; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 7

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Education Opportunity Act of 
     2009''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that the Senate and the House 
     of Representatives should pass, and the President should sign 
     into law, legislation to expand educational opportunities for 
     all Americans by--
       (1) increasing access to high-quality early childhood 
     education and expanding child care, after school, and 
     extended learning opportunities;
       (2) improving accountability and assessment measures for 
     elementary and secondary school students, increasing 
     secondary school graduation rates, and supporting elementary 
     and secondary school improvement efforts;
       (3) strengthening teacher preparation, induction, and 
     support in order to recruit and retain qualified and 
     effective teachers in high-need schools;
       (4) enhancing the rigor and relevance of State academic 
     standards and encouraging innovative reform at the middle and 
     high school levels;
       (5) strengthening mathematics and science curricula and 
     instruction; and
       (6) increasing Federal grant aid for students and the 
     families of students, improving the rate of postsecondary 
     degree completion, and providing tax incentives to make 
     higher education more affordable.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. Begich, Mr. 
        Durbin, Mrs. Boxer, Mr. Menendez, Mr. Bingaman, Mr. Casey, Mr. 
        Lautenberg, Ms. Stabenow, Mrs. McCaskill, Ms. Klobuchar, Mrs. 
        Clinton, Mr. Schumer, and Ms. Mikulski):
  S. 8. A bill to return the Government to the people by reviewing 
controversial ``midnight regulations'' issued in the waning days of the 
Bush Administration; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 8

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Returning Government to the 
     American People Act''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Bush Administration should not rush into effect 
     major new controversial regulations in its closing days;
       (2) the incoming Administration, working with the Congress, 
     should review and, if appropriate revise or reject such 
     ``midnight regulations''; and
       (3) if legislation is necessary to ensure the new 
     Administration has this opportunity, that Congress should 
     enact, and the President should sign, such legislation.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Levin, Mr. Kerry, Mr. Kennedy, Mr. 
        Begich, Mr. Durbin, Mr. Leahy, Mrs. Boxer, Mr. Bingaman, Mrs. 
        McCaskill, Mr. Lieberman, Ms. Klobuchar, and Mr. Schumer):
  S. 9. A bill to strenghten the United States economy, provide for 
more effective border and employment enforcement, and for other 
purposes; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 9

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stronger Economy, Stronger 
     Borders Act of 2009''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that Congress should enact, and 
     the President should sign, legislation to strengthen the 
     economy, recognize the heritage of the United States as a 
     nation of immigrants, and amend the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) by--
       (1) providing more effective border and employment 
     enforcement;
       (2) preventing illegal immigration; and
       (3) reforming and rationalizing avenues for legal 
     immigration.

  Mr. LEAHY. Mr. Presdient, as we begin the 111th Congress, we will 
try, once again, to enact comprehensive immigration reforms that have 
eluded us in the past several years. With an administration that 
understands the critical necessity of meaningful reform and that 
understands the policy failures of the last 8 years, I am hopeful that 
the new Congress can finally enact legislation consistent with our 
history as a nation of immigrants.
  The majority leader has included immigration reform as among the 
legislative priorities for the new Congress. I look forward to working 
with him, Senator Kennedy, Senator McCain, and others interested in 
working toward the goal of immigration reform.
  In 2006 and 2007, Congress attempted to pass practical and effective 
reforms to our immigration system. In 2006, the Senate did its part and 
passed legislation, only to be thwarted by those in the House of 
Representatives who opposed dealing with the issue in a meaningful way. 
In 2007, the House passed legislation only to have it blocked in the 
Senate by Republican Members opposed to effective reform.
  If our immigration policies are to be effective and play a role in 
restoring America's image around the world, we must reject the failed 
policies of the last 8 years. We cannot continue to deny asylum seekers 
because they have been forced at the point of a gun to provide 
assistance to those engaged in terrorist acts. We cannot continue to 
label as terrorist organizations those who have stood by the United 
States in armed conflict. We must not tolerate

[[Page 85]]

the tragic and needless death of a person in our custody for lack of 
basic medical care. We must ensure that children are not needlessly 
separated from their parents and that family unity is respected.
  We must move beyond the current policy that is focused on detaining 
and deporting those undocumented workers who have been abused and 
exploited by American employers but does nothing to change an 
environment that remains ripe for these abuses. We must protect the 
rights and opportunities of American workers and, at the same time, 
ensure that our Nation's farmers and employers have the help they need. 
We should improve the opportunities and make more efficient the 
processes for those who seek to come to America with the goal of 
becoming new Americans, whether to invest in our communities and create 
jobs, to be reunited with loved ones, or to seek freedom and 
opportunity and a better life. We must also live up to the goal of 
family reunification in our immigration policy and join at least 19 
other nations that provide immigration equality to same-sex partners of 
different nationalities. And I believe we would be wise to reconsider 
the effectiveness and cost of a wall along our southern border, which 
has adversely affected the fragile environment and vibrant cross-border 
culture of an entire region. Such a wall stands as a symbol of fear and 
intolerance. This is not what America is about and we can do better.
  Those who oppose a realistic solution to address the estimated 
millions of people currently living and working in the United States 
without proper documentation have offered no alternative solution other 
than harsh penalties and more enforcement. The policies of the last 8 
years, which have served only to appease the most extreme ideologues, 
must be replaced with sensible solutions. I am confident that our 
country and our economy will be far more secure when those who are 
currently living in the shadows of our society are recognized and 
provided the means to become lawful residents, if not a path to 
citizenship.
  As President-elect Obama's administration considers immigration 
issues, I look forward to working closely with them and with the 
Senate's leadership to find the best solutions. President-elect Obama's 
nominees to lead the Department of Homeland Security and the Department 
of Labor understand very well the importance of sensible border 
policies and the importance of workers' rights. The American people 
look to all of us to forge a consensus for immigration reform that 
rejects the extreme ideology that has attended this issue and prevented 
real progress.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Conrad, Mr. Levin, Mr. Begich, Mr. 
        Carper, Mr. Durbin, Mrs. Boxer, Mr. Menendez, Mr. Bingaman, Ms. 
        Stabenow, Mrs. McCaskill, Ms. Klobuchar, Mrs. Clinton, Mr. 
        Schumer, and Ms. Mikulski):
  S. 10. A bill to restore fiscal discipline and begin to address the 
long-term fiscal challenges facing the United States, and for other 
purposes; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 10

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fiscal Responsibility Act of 
     2009''.

     SEC. 2. SENSE OF CONGRESS ON FISCAL RESPONSIBILITY.

       It is the sense of Congress that Congress and the President 
     should restore fiscal discipline and begin to address the 
     long-term fiscal challenges facing the United States through-
       (1) strong pay-as-you-go rules, to help block the approval 
     of measures that would increase the deficit;
       (2) recognition of warnings by both the Government 
     Accountability Office and the Congressional Budget Office 
     that the Federal budget is on an unsustainable path of rising 
     deficits and debt;
       (3) establishment by Congress and the President of a 
     process--
       (A) to analyze--
       (i) the current and long-term actuarial financial condition 
     of the Federal Government; and
       (ii) the gap between the projected revenues and 
     expenditures of the Federal Government;
       (B) to identify factors that affect the long-term fiscal 
     balance of the Federal Government;
       (C) to analyze potential courses of action to address 
     factors that affect the long-term fiscal balance of the 
     Federal Government;
       (D) to seek a bipartisan agreement, or set of agreements, 
     that will--
       (i) significantly improve the Nation's long-term fiscal 
     imbalances and the gap between projected revenues and 
     expenditures;
       (ii) ensure the economic security of the United States; and
       (iii) expand future prosperity and growth for all 
     Americans;
       (4) a thorough review of all Federal spending and tax 
     expenditures by the Director of the Office of Management and 
     Budget, in consultation with the Secretary of the Treasury, 
     that identifies items that are outdated, inefficient, poorly 
     run, unnecessary, or otherwise undeserving of scarce Federal 
     resources or that are in need of reform; and
       (5) a review of the current system of taxation of the 
     United States to ensure that burdens are borne fairly and 
     equitably.
                                 ______
                                 
      By Mr. REID (for himself, Mrs. Clinton, Mr. Akaka, Mr. Inouye, 
        Mr. Whitehouse, Mr. Lautenberg, Mrs. Murray, Mr. Menendez, Mr. 
        Levin, Mr. Baucus, Mr. Kerry, Mrs. Boxer, Mr. Carper, Mrs. 
        Feinstein, and Ms. Stabenow):
  S. 21. A bill to reduce unintended pregnancy, reduce abortions, and 
improve access to women's heath care; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 21

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Prevention 
     First Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

             TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT

Sec. 101. Short title.
Sec. 102. Authorization of appropriations.

 TITLE II--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE

Sec. 201. Short title.
Sec. 202. Amendments to Employee Retirement Income Security Act of 
              1974.
Sec. 203. Amendments to Public Health Service Act relating to the group 
              market.
Sec. 204. Amendment to Public Health Service Act relating to the 
              individual market.

      TITLE III--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION

Sec. 301. Short title.
Sec. 302. Emergency contraception education and information programs.

        TITLE IV--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES

Sec. 401. Short title.
Sec. 402. Survivors of sexual assault; provision by hospitals of 
              emergency contraceptives without charge.

       TITLE V--AT-RISK COMMUNITIES TEEN PREGNANCY PREVENTION ACT

Sec. 501. Short title.
Sec. 502. Teen pregnancy prevention.
Sec. 503. Research.
Sec. 504. General requirements.

            TITLE VI--ACCURACY OF CONTRACEPTIVE INFORMATION

Sec. 601. Short title.
Sec. 602. Accuracy of contraceptive information.

             TITLE VII--UNINTENDED PREGNANCY REDUCTION ACT

Sec. 701. Short title.
Sec. 702. Medicaid; clarification of coverage of family planning 
              services and supplies.
Sec. 703. Expansion of family planning services.
Sec. 704. Effective date.

            TITLE VIII--RESPONSIBLE EDUCATION ABOUT LIFE ACT

Sec. 801. Short title.
Sec. 802. Assistance to reduce teen pregnancy, HIV/AIDS, and other 
              sexually transmitted diseases and to support healthy 
              adolescent development.

[[Page 86]]

Sec. 803. Sense of Congress.
Sec. 804. Evaluation of programs.
Sec. 805. Definitions.
Sec. 806. Appropriations.

             TITLE IX--PREVENTION THROUGH AFFORDABLE ACCESS

Sec. 901. Short title.
Sec. 902. Restoring and protecting access to discount drug prices for 
              university-based and safety-net clinics.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) Healthy People 2010 sets forth a reduction of 
     unintended pregnancies as an important health objective for 
     the Nation to achieve over the first decade of the new 
     century, a goal first articulated in the 1979 Surgeon 
     General's Report, Healthy People, and reiterated in Healthy 
     People 2000: National Health Promotion and Disease Prevention 
     Objectives.
       (2) Although the Centers for Disease Control and Prevention 
     (referred to in this section as the ``CDC'') included family 
     planning in its published list of the Ten Great Public Health 
     Achievements in the 20th Century, the United States still has 
     one of the highest rates of unintended pregnancies among 
     industrialized nations.
       (3) Each year, nearly half of all pregnancies in the United 
     States are unintended, and nearly half of unintended 
     pregnancies end in abortion.
       (4) In 2006, 36,200,000 women, more than half of all women 
     of reproductive age, were in need of contraceptive services 
     and supplies to help prevent unintended pregnancy, and nearly 
     half of those were in need of public support for such care.
       (5) The United States has some of the highest rates of 
     sexually transmitted infections (STIs) among industrialized 
     nations. In 2006, there were approximately 19,000,000 new 
     cases of STIs, almost half of them occurring in young people 
     ages 15 to 24. According to the Centers for Disease Control 
     and Prevention, in addition to the burden on public health, 
     STIs impose a tremendous economic burden with direct medical 
     costs as high as $14,700,000,000 each year in 2006 dollars.
       (6) Contraceptive use can improve overall health by 
     enabling women to plan and space their pregnancies and has 
     contributed to dramatic declines in maternal and infant 
     mortality. Widespread use of contraceptives has been the 
     driving force in reducing unintended pregnancies and sexually 
     transmitted infections (STIs), and reducing the need for 
     abortion in this nation. Contraceptive use also saves public 
     health dollars. For every dollar spent to provide services in 
     publicly funded family planning clinics, $4.02 in Medicaid 
     expenses are saved because unintended births are averted.
       (7) Reducing unintended pregnancy improves maternal health 
     and is an important strategy in efforts to reduce maternal 
     mortality. Women experiencing unintended pregnancy are at 
     greater risk for physical abuse.
       (8) A child born from an unintended pregnancy is at greater 
     risk than a child born from an intended pregnancy of low 
     birth weight, dying in the first year of life, being abused, 
     and not receiving sufficient resources for healthy 
     development.
       (9) The ability to control fertility allows couples to 
     achieve economic stability by facilitating greater 
     educational achievement and participation in the workforce.
       (10) Contraceptives are effective in preventing unintended 
     pregnancy when used consistently and correctly. Without 
     contraception, a sexually active woman has an 85 percent 
     chance of becoming pregnant within a year.
       (11) Approximately 50 percent of unintended pregnancies 
     occur among women who do not use contraception.
       (12) Many poor and low-income women cannot afford to 
     purchase contraceptive services and supplies on their own. 
     The number of women needing subsidized services has increased 
     by more than 1,000,000 (7 percent) since 2000. A poor woman 
     in the United States is now nearly 4 times as likely as a 
     more affluent woman to have an unplanned pregnancy. Between 
     1994 and 2001, unintended pregnancy among low-income women 
     increased by 29 percent, while unintended pregnancy decreased 
     by 20 percent among women with higher incomes.
       (13) Public health programs, such as the Medicaid program 
     and family planning programs under title X of the Public 
     Health Service Act, provide high-quality family planning 
     services and other preventive health care to underinsured or 
     uninsured individuals who may otherwise lack access to health 
     care.
       (14) Medicaid has become an essential source of support for 
     the provision of subsidized family planning services and 
     supplies. It is the single largest source of public funds 
     supporting these services. In 2001, the program provided 6 in 
     10 of all public dollars spent on family planning services. 
     In 2006, 12 percent of women of reproductive age (7,300,000 
     women ages 15 to 44) looked to Medicaid for their care and 37 
     percent of poor women of reproductive age rely upon Medicaid.
       (15) Approximately 1,400,000 unintended pregnancies and 
     600,000 abortions are averted each year because of services 
     provided in publicly funded clinics. In 2006, Title X (of the 
     Public Health Service Act) service providers performed more 
     than 2,400,000 Pap tests, 2,400,000 breast exams, and 
     5,800,000 tests for sexually transmitted diseases, including 
     652,426 HIV tests and 2,300,000 Chlamydia tests. One in 4 
     women who obtain reproductive health services from a medical 
     provider do so at a publicly funded clinic.
       (16) The stagnant funding for public family planning 
     programs in combination with the increasing demand for 
     subsidized services, the rising costs of contraceptive 
     services and supplies, and the high cost of improved 
     screening and treatment for cervical cancer and sexually 
     transmitted infections has diminished the ability of clinics 
     receiving funds under title X of the Public Health Services 
     Act to adequately serve all those in need. At present, 
     clinics are able to reach just 41 percent of the women 
     needing subsidized services. Had Title X funding kept up with 
     inflation since fiscal year 1980, it would now be funded at 
     $759,000,000, instead of its fiscal year 2007 funding level 
     of $283,000,000. Taking inflation into account, funding for 
     Title X in constant dollars is 63 percent lower today than it 
     was in fiscal year 1980.
       (17) While the Medicaid program remains the largest source 
     of subsidized family planning services, States are facing 
     significant budgetary pressures to cut their Medicaid 
     programs, putting many women at risk of losing coverage for 
     family planning services.
       (18) In addition, eligibility under the Medicaid program in 
     many States is severely restricted, which leaves family 
     planning services financially out of reach for many poor 
     women. Many States have demonstrated tremendous success with 
     Medicaid family planning waivers that allow States to expand 
     access to Medicaid family planning services. However, the 
     administrative burden of applying for a waiver poses a 
     significant barrier to States that would like to expand their 
     coverage of family planning programs through Medicaid.
       (19) As of December of 2008, 27 States offered expanded 
     family planning benefits as a result of Medicaid family 
     planning waivers. The cost-effectiveness of these waivers was 
     affirmed by a recent evaluation funded by the Centers for 
     Medicare & Medicaid Services. This evaluation of six waivers 
     found that all family planning programs under such waivers 
     resulted in significant savings to both the Federal and State 
     governments. Moreover, the researchers found measurable 
     reductions in unintended pregnancy.
       (20) Although employer-sponsored health plans have improved 
     coverage of contraceptive services and supplies, largely in 
     response to State contraceptive coverage laws, there is still 
     significant room for improvement. The ongoing lack of 
     coverage in health insurance plans, particularly in self-
     insured and individual plans, continues to place effective 
     forms of contraception beyond the financial reach of many 
     women.
       (21) Including contraceptive coverage in private health 
     care plans saves employers money. Not covering contraceptives 
     in employee health plans costs employers 15 to 17 percent 
     more than providing such coverage.
       (22) Approved for use by the Food and Drug Administration, 
     emergency contraception is a safe and effective way to 
     prevent unintended pregnancy after unprotected sex. Research 
     confirms that easier access to emergency contraceptives does 
     not increase sexual risk-taking or sexually transmitted 
     diseases.
       (23) The available evidence shows that many women do not 
     know about emergency contraception, do not know where to get 
     it, or are unable to access it. Overcoming these obstacles 
     could help ensure that more women use emergency contraception 
     consistently and correctly.
       (24) A November 2006 study of declining pregnancy rates 
     among teens concluded that the reduction in teen pregnancy 
     between 1995 and 2002 is primarily the result of increased 
     use of contraceptives. As such, it is critically important 
     that teens receive accurate, unbiased information about 
     contraception.
       (25) The American Medical Association, the American Nurses 
     Association, the American Academy of Pediatrics, the American 
     College of Obstetricians and Gynecologists, the American 
     Public Health Association, and the Society for Adolescent 
     Medicine, support responsible sex education that includes 
     information about both abstinence and contraception.
       (26) Teens who receive comprehensive sex education that 
     includes discussion of contraception as well as abstinence 
     are more likely than those who receive abstinence-only 
     messages to delay sex, to have fewer partners, and to use 
     contraceptives when they do become sexually active.
       (27) Government-funded abstinence-only-until-marriage 
     programs are precluded from discussing contraception except 
     to talk about failure rates. An October 2006 report by the 
     Government Accountability Office found that the Department of 
     Health and Human Services does not review the materials of 
     recipients of grants administered by such department for 
     scientific accuracy and requires grantees to review their own 
     materials for scientific accuracy. The GAO also reported on 
     the Department's total lack of appropriate and customary 
     measurements to determine if funded programs are effective. 
     In addition, a separate letter from the Government 
     Accountability Office found that

[[Page 87]]

     the Department of Health and Human Services is in violation 
     of Federal law by failing to enforce a requirement under the 
     Public Health Service Act that Federally-funded grantees 
     working to address the prevention of sexually transmitted 
     diseases, including abstinence-only-until-marriage programs, 
     must provide medically accurate information about the 
     effectiveness of condoms.
       (28) Recent scientific reports by the Institute of 
     Medicine, the American Medical Association, and the Office on 
     National AIDS Policy stress the need for sex education that 
     includes messages about abstinence and provides young people 
     with information about contraception for the prevention of 
     teen pregnancy, HIV/AIDS, and other sexually transmitted 
     diseases.
       (29) A 2006 statement from the American Public Health 
     Association (``APHA'') ``recognizes the importance of 
     abstinence education, but only as part of a comprehensive 
     sexuality education program ... APHA calls for repealing 
     current federal funding for abstinence-only programs and 
     replacing it with funding for a new Federal program to 
     promote comprehensive sexuality education, combining 
     information about abstinence with age-appropriate sexuality 
     education.''
       (30) Comprehensive sex education programs respect the 
     diversity of values and beliefs represented in the community 
     and will complement and augment the sex education children 
     receive from their families.
       (31) Over 60 percent of the 56,300 annual new cases of HIV 
     infections in the United States occur in youth ages 13 
     through 24. African American and Latino youth have been 
     disproportionately affected by the HIV/AIDS epidemic. In 
     2005, Blacks and Latinos accounted for 84 percent of all new 
     HIV infections among 13 to 19 year olds and 76 percent of HIV 
     infections among 20 to 24 year olds in the United States even 
     though, together, they represent only about 32 percent of 
     people in these ages. Teens in the United States contract an 
     estimated 9,000,000 sexually transmitted infections each 
     year. By age 24, at least 1 in 4 sexually active people 
     between the ages of 15 and 24 will have contracted a sexually 
     transmitted infection.
       (32) Approximately 50 young people a day, an average of two 
     young people every hour of every day, are infected with HIV 
     in the United States.
       (33) In 1990, Congress passed the Medicaid Anti-
     Discriminatory Drug Price and Patient Benefit Restoration Act 
     to ensure that Medicaid receives the lowest drug prices in 
     the marketplace. Congress intentionally protected the 
     practice of pharmaceutical companies offering charitable 
     organizations and clinics nominally-priced drugs. As an 
     unintended consequence of the Deficit Reduction Act of 2005, 
     birth control prices have skyrocketed for millions of women 
     who depend on safety net providers for their birth control. 
     Birth control that previously cost only $5 to $10 per month 
     is now prohibitively expensive, running as much as $40 or $50 
     a month. Many family planning health centers have absorbed 
     much of this price increase, further straining already 
     limited resources. As the economic crisis worsens, women and 
     their families are increasingly turning to health care safety 
     net providers, such as family planning health centers, for a 
     reliable source of care.

             TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Title X Family Planning 
     Services Act of 2009''.

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

       For the purpose of making grants and contracts under 
     section 1001 of the Public Health Service Act, there are 
     authorized to be appropriated $700,000,000 for fiscal year 
     2010 and such sums as may be necessary for each subsequent 
     fiscal year.

 TITLE II--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Equity in Prescription 
     Insurance and Contraceptive Coverage Act of 2007''.

     SEC. 202. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY 
                   ACT OF 1974.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 715. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``(a) Requirements for Coverage.--A group health plan, and 
     a health insurance issuer providing health insurance coverage 
     in connection with a group health plan, may not--
       ``(1) exclude or restrict benefits for prescription 
     contraceptive drugs or devices approved by the Food and Drug 
     Administration, or generic equivalents approved as 
     substitutable by the Food and Drug Administration, if such 
     plan or coverage provides benefits for other outpatient 
     prescription drugs or devices; or
       ``(2) exclude or restrict benefits for outpatient 
     contraceptive services if such plan or coverage provides 
     benefits for other outpatient services provided by a health 
     care professional (referred to in this section as `outpatient 
     health care services').
       ``(b) Prohibitions.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, may not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan because of the individual's or enrollee's use or 
     potential use of items or services that are covered in 
     accordance with the requirements of this section;
       ``(2) provide monetary payments or rebates to a covered 
     individual to encourage such individual to accept less than 
     the minimum protections available under this section;
       ``(3) penalize or otherwise reduce or limit the 
     reimbursement of a health care professional because such 
     professional prescribed contraceptive drugs or devices, or 
     provided contraceptive services, described in subsection (a), 
     in accordance with this section; or
       ``(4) provide incentives (monetary or otherwise) to a 
     health care professional to induce such professional to 
     withhold from a covered individual contraceptive drugs or 
     devices, or contraceptive services, described in subsection 
     (a).
       ``(c) Rules of Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed--
       ``(A) as preventing a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan from imposing 
     deductibles, coinsurance, or other cost-sharing or 
     limitations in relation to--
       ``(i) benefits for contraceptive drugs under the plan or 
     coverage, except that such a deductible, coinsurance, or 
     other cost-sharing or limitation for any such drug shall be 
     consistent with those imposed for other outpatient 
     prescription drugs otherwise covered under the plan or 
     coverage;
       ``(ii) benefits for contraceptive devices under the plan or 
     coverage, except that such a deductible, coinsurance, or 
     other cost-sharing or limitation for any such device shall be 
     consistent with those imposed for other outpatient 
     prescription devices otherwise covered under the plan or 
     coverage; and
       ``(iii) benefits for outpatient contraceptive services 
     under the plan or coverage, except that such a deductible, 
     coinsurance, or other cost-sharing or limitation for any such 
     service shall be consistent with those imposed for other 
     outpatient health care services otherwise covered under the 
     plan or coverage;
       ``(B) as requiring a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan to cover experimental or 
     investigational contraceptive drugs or devices, or 
     experimental or investigational contraceptive services, 
     described in subsection (a), except to the extent that the 
     plan or issuer provides coverage for other experimental or 
     investigational outpatient prescription drugs or devices, or 
     experimental or investigational outpatient health care 
     services; or
       ``(C) as modifying, diminishing, or limiting the rights or 
     protections of an individual under any other Federal law.
       ``(2) Limitations.--As used in paragraph (1), the term 
     `limitation' includes--
       ``(A) in the case of a contraceptive drug or device, 
     restricting the type of health care professionals that may 
     prescribe such drugs or devices, utilization review 
     provisions, and limits on the volume of prescription drugs or 
     devices that may be obtained on the basis of a single 
     consultation with a professional; or
       ``(B) in the case of an outpatient contraceptive service, 
     restricting the type of health care professionals that may 
     provide such services, utilization review provisions, 
     requirements relating to second opinions prior to the 
     coverage of such services, and requirements relating to 
     preauthorizations prior to the coverage of such services.
       ``(d) Notice Under Group Health Plan.--The imposition of 
     the requirements of this section shall be treated as a 
     material modification in the terms of the plan described in 
     section 102(a)(1), for purposes of assuring notice of such 
     requirements under the plan, except that the summary 
     description required to be provided under the last sentence 
     of section 104(b)(1) with respect to such modification shall 
     be provided by not later than 60 days after the first day of 
     the first plan year in which such requirements apply.
       ``(e) Preemption.--Nothing in this section shall be 
     construed to preempt any provision of State law to the extent 
     that such State law establishes, implements, or continues in 
     effect any standard or requirement that provides coverage or 
     protections for participants or beneficiaries that are 
     greater than the coverage or protections provided under this 
     section.
       ``(f) Definition.--In this section, the term `outpatient 
     contraceptive services' means consultations, examinations, 
     procedures, and medical services, provided on an outpatient 
     basis and related to the use of contraceptive methods 
     (including natural family planning) to prevent an unintended 
     pregnancy.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001) is amended by inserting after the item relating 
     to section 713 the following:

``Sec. 715. Standards relating to benefits for contraceptives.''.

[[Page 88]]

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years beginning on or after 
     January 1, 2010.

     SEC. 203. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT RELATING TO 
                   THE GROUP MARKET.

       (a) In General.--Subpart 2 of part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 2708. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``(a) Requirements for Coverage.--A group health plan, and 
     a health insurance issuer providing health insurance coverage 
     in connection with a group health plan, may not--
       ``(1) exclude or restrict benefits for prescription 
     contraceptive drugs or devices approved by the Food and Drug 
     Administration, or generic equivalents approved as 
     substitutable by the Food and Drug Administration, if such 
     plan or coverage provides benefits for other outpatient 
     prescription drugs or devices; or
       ``(2) exclude or restrict benefits for outpatient 
     contraceptive services if such plan or coverage provides 
     benefits for other outpatient services provided by a health 
     care professional (referred to in this section as `outpatient 
     health care services').
       ``(b) Prohibitions.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, may not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan because of the individual's or enrollee's use or 
     potential use of items or services that are covered in 
     accordance with the requirements of this section;
       ``(2) provide monetary payments or rebates to a covered 
     individual to encourage such individual to accept less than 
     the minimum protections available under this section;
       ``(3) penalize or otherwise reduce or limit the 
     reimbursement of a health care professional because such 
     professional prescribed contraceptive drugs or devices, or 
     provided contraceptive services, described in subsection (a), 
     in accordance with this section; or
       ``(4) provide incentives (monetary or otherwise) to a 
     health care professional to induce such professional to 
     withhold from covered individual contraceptive drugs or 
     devices, or contraceptive services, described in subsection 
     (a).
       ``(c) Rules of Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed--
       ``(A) as preventing a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan from imposing 
     deductibles, coinsurance, or other cost-sharing or 
     limitations in relation to--
       ``(i) benefits for contraceptive drugs under the plan or 
     coverage, except that such a deductible, coinsurance, or 
     other cost-sharing or limitation for any such drug shall be 
     consistent with those imposed for other outpatient 
     prescription drugs otherwise covered under the plan or 
     coverage;
       ``(ii) benefits for contraceptive devices under the plan or 
     coverage, except that such a deductible, coinsurance, or 
     other cost-sharing or limitation for any such device shall be 
     consistent with those imposed for other outpatient 
     prescription devices otherwise covered under the plan or 
     coverage; and
       ``(iii) benefits for outpatient contraceptive services 
     under the plan or coverage, except that such a deductible, 
     coinsurance, or other cost-sharing or limitation for any such 
     service shall be consistent with those imposed for other 
     outpatient health care services otherwise covered under the 
     plan or coverage;
       ``(B) as requiring a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan to cover experimental or 
     investigational contraceptive drugs or devices, or 
     experimental or investigational contraceptive services, 
     described in subsection (a), except to the extent that the 
     plan or issuer provides coverage for other experimental or 
     investigational outpatient prescription drugs or devices, or 
     experimental or investigational outpatient health care 
     services; or
       ``(C) as modifying, diminishing, or limiting the rights or 
     protections of an individual under any other Federal law.
       ``(2) Limitations.--As used in paragraph (1), the term 
     `limitation' includes--
       ``(A) in the case of a contraceptive drug or device, 
     restricting the type of health care professionals that may 
     prescribe such drugs or devices, utilization review 
     provisions, and limits on the volume of prescription drugs or 
     devices that may be obtained on the basis of a single 
     consultation with a professional; or
       ``(B) in the case of an outpatient contraceptive service, 
     restricting the type of health care professionals that may 
     provide such services, utilization review provisions, 
     requirements relating to second opinions prior to the 
     coverage of such services, and requirements relating to 
     preauthorizations prior to the coverage of such services.
       ``(d) Notice.--A group health plan under this part shall 
     comply with the notice requirement under section 715(d) of 
     the Employee Retirement Income Security Act of 1974 with 
     respect to the requirements of this section as if such 
     section applied to such plan.
       ``(e) Preemption.--Nothing in this section shall be 
     construed to preempt any provision of State law to the extent 
     that such State law establishes, implements, or continues in 
     effect any standard or requirement that provides coverage or 
     protections for enrollees that are greater than the coverage 
     or protections provided under this section.
       ``(f) Definition.--In this section, the term `outpatient 
     contraceptive services' means consultations, examinations, 
     procedures, and medical services, provided on an outpatient 
     basis and related to the use of contraceptive methods 
     (including natural family planning) to prevent an unintended 
     pregnancy.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to group health plans for plan years 
     beginning on or after January 1, 2010.

     SEC. 204. AMENDMENT TO PUBLIC HEALTH SERVICE ACT RELATING TO 
                   THE INDIVIDUAL MARKET.

       (a) In General.--Part B of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-41 et seq.) is amended--
       (1) by redesignating the first subpart 3 (relating to other 
     requirements) as subpart 2; and
       (2) by adding at the end of subpart 2 the following:

     ``SEC. 2754. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``The provisions of section 2708 shall apply to health 
     insurance coverage offered by a health insurance issuer in 
     the individual market in the same manner as they apply to 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan in the small or 
     large group market.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to health insurance coverage 
     offered, sold, issued, renewed, in effect, or operated in the 
     individual market on or after January 1, 2008.

      TITLE III--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Emergency Contraception 
     Education Act of 2009''.

     SEC. 302. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION 
                   PROGRAMS.

       (a) Definitions.--For purposes of this section:
       (1) Emergency contraception.--The term ``emergency 
     contraception'' means a drug or device (as the terms are 
     defined in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321)) or a drug regimen that is--
       (A) used after sexual relations;
       (B) prevents pregnancy, by preventing ovulation, 
     fertilization of an egg, or implantation of an egg in a 
     uterus; and
       (C) approved by the Food and Drug Administration.
       (2) Health care provider.--The term ``health care 
     provider'' means an individual who is licensed or certified 
     under State law to provide health care services and who is 
     operating within the scope of such license.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the same meaning 
     given such term in section 101(a) of the Higher Education Act 
     of 1965 (20 U.S.C. 1001(a)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Emergency Contraception Public Education Program.--
       (1) In general.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention, shall 
     develop and disseminate to the public information on 
     emergency contraception.
       (2) Dissemination.--The Secretary may disseminate 
     information under paragraph (1) directly or through 
     arrangements with nonprofit organizations, consumer groups, 
     institutions of higher education, Federal, State, or local 
     agencies, clinics, and the media.
       (3) Information.--The information disseminated under 
     paragraph (1) shall include, at a minimum, a description of 
     emergency contraception and an explanation of the use, 
     safety, efficacy, and availability of such contraception.
       (c) Emergency Contraception Information Program for Health 
     Care Providers.--
       (1) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration and in consultation with major medical and 
     public health organizations, shall develop and disseminate to 
     health care providers information on emergency contraception.
       (2) Information.--The information disseminated under 
     paragraph (1) shall include, at a minimum--
       (A) information describing the use, safety, efficacy, and 
     availability of emergency contraception;
       (B) a recommendation regarding the use of such 
     contraception in appropriate cases; and
       (C) information explaining how to obtain copies of the 
     information developed under subsection (b) for distribution 
     to the patients of the providers.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to

[[Page 89]]

     carry out this section such sums as may be necessary for each 
     of the fiscal years 2010 through 2014.

        TITLE IV--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Compassionate Assistance 
     for Rape Emergencies Act of 2009''.

     SEC. 402. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS 
                   OF EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.

       (a) In General.--Federal funds may not be provided to a 
     hospital under any health-related program, unless the 
     hospital meets the conditions specified in subsection (b) in 
     the case of--
       (1) any woman who presents at the hospital and states that 
     she is a victim of sexual assault, or is accompanied by 
     someone who states she is a victim of sexual assault; and
       (2) any woman who presents at the hospital whom hospital 
     personnel have reason to believe is a victim of sexual 
     assault.
       (b) Assistance for Victims.--The conditions specified in 
     this subsection regarding a hospital and a woman described in 
     subsection (a) are as follows:
       (1) The hospital promptly provides the woman with medically 
     and factually accurate and unbiased written and oral 
     information about emergency contraception, including 
     information explaining that--
       (A) emergency contraception does not cause an abortion; and
       (B) emergency contraception is effective in most cases in 
     preventing pregnancy after unprotected sex.
       (2) The hospital promptly offers emergency contraception to 
     the woman, and promptly provides such contraception to her on 
     her request.
       (3) The information provided pursuant to paragraph (1) is 
     in clear and concise language, is readily comprehensible, and 
     meets such conditions regarding the provision of the 
     information in languages other than English as the Secretary 
     may establish.
       (4) The services described in paragraphs (1) through (3) 
     are not denied because of the inability of the woman or her 
     family to pay for the services.
       (c) Definitions.--For purposes of this section:
       (1) The term ``emergency contraception'' means a drug, drug 
     regimen, or device that--
       (A) is used postcoitally;
       (B) prevents pregnancy by delaying ovulation, preventing 
     fertilization of an egg, or preventing implantation of an egg 
     in a uterus; and
       (C) is approved by the Food and Drug Administration.
       (2) The term ``hospital'' has the meanings given such term 
     in title XVIII of the Social Security Act, including the 
     meaning applicable in such title for purposes of making 
     payments for emergency services to hospitals that do not have 
     agreements in effect under such title.
       (3) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (4) The term ``sexual assault'' means coitus in which the 
     woman involved does not consent or lacks the legal capacity 
     to consent.
       (d) Effective Date; Agency Criteria.--This section takes 
     effect upon the expiration of the 180-day period beginning on 
     the date of the enactment of this Act. Not later than 30 days 
     prior to the expiration of such period, the Secretary shall 
     publish in the Federal Register criteria for carrying out 
     this section.

       TITLE V--AT-RISK COMMUNITIES TEEN PREGNANCY PREVENTION ACT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``At-Risk Communities Teen 
     Pregnancy Prevention Act of 2009''.

     SEC. 502. TEENAGE PREGNANCY PREVENTION.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by inserting after section 
     399N the following section:

     ``SEC. 399N-1. TEENAGE PREGNANCY PREVENTION GRANTS.

       ``(a) Authority.--The Secretary may award on a competitive 
     basis grants to public and private entities to establish or 
     expand teenage pregnancy prevention programs.
       ``(b) Grant Recipients.--Grant recipients under this 
     section may include State and local not-for-profit coalitions 
     working to prevent teenage pregnancy, State, local, and 
     tribal agencies, schools, entities that provide after-school 
     programs, and community and faith-based groups.
       ``(c) Priority.--In selecting grant recipients under this 
     section, the Secretary shall give--
       ``(1) highest priority to applicants seeking assistance for 
     programs targeting communities or populations in which--
       ``(A) teenage pregnancy or birth rates are higher than the 
     corresponding State average; or
       ``(B) teenage pregnancy or birth rates are increasing; and
       ``(2) priority to applicants seeking assistance for 
     programs that--
       ``(A) will benefit underserved or at-risk populations such 
     as young males or immigrant youths; or
       ``(B) will take advantage of other available resources and 
     be coordinated with other programs that serve youth, such as 
     workforce development and after school programs.
       ``(d) Use of Funds.--Funds received by an entity as a grant 
     under this section shall be used for programs that--
       ``(1) replicate or substantially incorporate the elements 
     of one or more teenage pregnancy prevention programs that 
     have been proven (on the basis of rigorous scientific 
     research) to delay sexual intercourse or sexual activity, 
     increase condom or contraceptive use without increasing 
     sexual activity, or reduce teenage pregnancy; and
       ``(2) incorporate one or more of the following strategies 
     for preventing teenage pregnancy: encouraging teenagers to 
     delay sexual activity; sex and HIV education; interventions 
     for sexually active teenagers; preventive health services; 
     youth development programs; service learning programs; and 
     outreach or media programs.
       ``(e) Complete Information.--Programs receiving funds under 
     this section that choose to provide information on HIV/AIDS 
     or contraception or both must provide information that is 
     complete and medically accurate.
       ``(f) Relation to Abstinence-Only Programs.--Funds under 
     this section are not intended for use by abstinence-only 
     education programs. Abstinence-only education programs that 
     receive Federal funds through the Maternal and Child Health 
     Block Grant, the Administration for Children and Families, 
     the Adolescent Family Life Program, and any other program 
     that uses the definition of `abstinence education' found in 
     section 510(b) of the Social Security Act are ineligible for 
     funding.
       ``(g) Applications.--Each entity seeking a grant under this 
     section shall submit an application to the Secretary at such 
     time and in such manner as the Secretary may require.
       ``(h) Matching Funds.--
       ``(1) In general.--The Secretary may not award a grant to 
     an applicant for a program under this section unless the 
     applicant demonstrates that it will pay, from funds derived 
     from non-Federal sources, at least 25 percent of the cost of 
     the program.
       ``(2) Applicant's share.--The applicant's share of the cost 
     of a program shall be provided in cash or in kind.
       ``(i) Supplementation of Funds.--An entity that receives 
     funds as a grant under this section shall use the funds to 
     supplement and not supplant funds that would otherwise be 
     available to the entity for teenage pregnancy prevention.
       ``(j) Evaluations.--
       ``(1) In general.--The Secretary shall--
       ``(A) conduct or provide for a rigorous evaluation of 10 
     percent of programs for which a grant is awarded under this 
     section;
       ``(B) collect basic data on each program for which a grant 
     is awarded under this section; and
       ``(C) upon completion of the evaluations referred to in 
     subparagraph (A), submit to the Congress a report that 
     includes a detailed statement on the effectiveness of grants 
     under this section.
       ``(2) Cooperation by grantees.--Each grant recipient under 
     this section shall provide such information and cooperation 
     as may be required for an evaluation under paragraph (1).
       ``(k) Definition.--For purposes of this section, the term 
     `rigorous scientific research' means based on a program 
     evaluation that:
       ``(1) Measured impact on sexual or contraceptive behavior, 
     pregnancy or childbearing.
       ``(2) Employed an experimental or quasi-experimental design 
     with well-constructed and appropriate comparison groups.
       ``(3) Had a sample size large enough (at least 100 in the 
     combined treatment and control group) and a follow-up 
     interval long enough (at least six months) to draw valid 
     conclusions about impact.
       ``(l) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2010 and each 
     subsequent fiscal year.''.

     SEC. 503. RESEARCH.

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Director of the Centers for 
     Disease Control and Prevention, shall make grants to public 
     or nonprofit private entities to conduct, support, and 
     coordinate research on the prevention of teen pregnancy in 
     eligible communities, including research on the factors 
     contributing to the disproportionate rates of teen pregnancy 
     in such communities.
       (b) Research.--In carrying out subsection (a), the 
     Secretary of Health and Human Services shall support research 
     that--
       (1) investigates and determines the incidence and 
     prevalence of teen pregnancy in communities described in such 
     subsection;
       (2) examines--
       (A) the extent of the impact of teen pregnancy on--
       (i) the health and well-being of teenagers in the 
     communities; and
       (ii) the scholastic achievement of such teenagers;
       (B) the variance in the rates of teen pregnancy by--
       (i) location (such as inner cities, inner suburbs, and 
     outer suburbs);
       (ii) population subgroup (such as Hispanic, Asian-Pacific 
     Islander, African-American, Native American); and

[[Page 90]]

       (iii) level of acculturation;
       (C) the importance of the physical and social environment 
     as a factor in placing communities at risk of increased rates 
     of teen pregnancy; and
       (D) the importance of aspirations as a factor affecting 
     young women's risk of teen pregnancy; and
       (3) is used to develop--
       (A) measures to address race, ethnicity, socioeconomic 
     status, environment, and educational attainment and the 
     relationship to the incidence and prevalence of teen 
     pregnancy; and
       (B) efforts to link the measures to relevant databases, 
     including health databases.
       (c) Priority.--In making grants under subsection (a), the 
     Secretary of Health and Human Services shall give priority to 
     research that incorporates--
       (1) interdisciplinary approaches; or
       (2) a strong emphasis on community-based participatory 
     research.
       (d) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there is authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2010 through 2014.

     SEC. 504. GENERAL REQUIREMENTS.

       (a) Medically Accurate Information.--A grant may be made 
     under this title only if the applicant involved agrees that 
     all information provided pursuant to the grant will be age-
     appropriate, factually and medically accurate and complete, 
     and scientifically based.
       (b) Cultural Context of Services.--A grant may be made 
     under this title only if the applicant involved agrees that 
     information, activities, and services under the grant that 
     are directed toward a particular population group will be 
     provided in the language and cultural context that is most 
     appropriate for individuals in such group.
       (c) Application for Grant.--A grant may be made under this 
     title only if an application for the grant is submitted to 
     the Secretary of Health and Human Services and the 
     application is in such form, is made in such manner, and 
     contains such agreements, assurances, and information as the 
     Secretary of Health and Human Services determines to be 
     necessary to carry out the program involved.

            TITLE VI--ACCURACY OF CONTRACEPTIVE INFORMATION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Truth in Contraception Act 
     of 2009''.

     SEC. 602. ACCURACY OF CONTRACEPTIVE INFORMATION.

       Notwithstanding any other provision of law, any information 
     concerning the use of a contraceptive provided through any 
     federally funded sex education, family life education, 
     abstinence education, comprehensive health education, or 
     character education program shall be medically accurate and 
     shall include health benefits and failure rates relating to 
     the use of such contraceptive.

             TITLE VII--UNINTENDED PREGNANCY REDUCTION ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Unintended Pregnancy 
     Reduction Act of 2009''.

     SEC. 702. MEDICAID; CLARIFICATION OF COVERAGE OF FAMILY 
                   PLANNING SERVICES AND SUPPLIES.

       Section 1937(b) of the Social Security Act (42 U.S.C. 
     1396u-7(b)) is amended by adding at the end the following:
       ``(5) Coverage of family planning services and supplies.--
     Notwithstanding the previous provisions of this section, a 
     State may not provide for medical assistance through 
     enrollment of an individual with benchmark coverage or 
     benchmark-equivalent coverage under this section unless such 
     coverage includes for any individual described in section 
     1905(a)(4)(C), medical assistance for family planning 
     services and supplies in accordance with such section.''.

     SEC. 703. EXPANSION OF FAMILY PLANNING SERVICES.

       (a) Coverage as Mandatory Categorically Needy Group.--
       (1) In general.--Section 1902(a)(10)(A)(i) of the Social 
     Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--
       (A) in subclause (VI), by striking ``or'' at the end;
       (B) in subclause (VII), by adding ``or'' at the end; and
       (C) by adding at the end the following new subclause:

       ``(VIII) who are described in subsection (dd) (relating to 
     individuals who meet the income standards for pregnant 
     women);''.

       (2) Group described.--Section 1902 of the Social Security 
     Act (42 U.S.C. 1396a) is amended by adding at the end the 
     following new subsection:
       ``(dd)(1) Individuals described in this subsection are 
     individuals--
       ``(A) meet at least the income eligibility standards 
     established under the State plan as of January 1, 2009, for 
     pregnant women or such higher income eligibility standard for 
     such women as the State may establish; and
       ``(B) are not pregnant.
       ``(2) At the option of a State, individuals described in 
     this subsection may include individuals who are determined to 
     meet the income eligibility standards referred to in 
     paragraph (1)(A) under the terms and conditions applicable to 
     making eligibility determinations for medical assistance 
     under this title under a waiver to provide the benefits 
     described in clause (XV) of the matter following subparagraph 
     (G) of section 1902(a)(10) granted to the State under section 
     1115 as of January 1, 2007.''.
       (3) Limitation on benefits.--Section 1902(a)(10) of the 
     Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in 
     the matter following subparagraph (G)--
       (A) by striking ``and (XIV)'' and inserting ``(XIV)''; and
       (B) by inserting ``, and (XV) the medical assistance made 
     available to an individual described in subsection (dd) shall 
     be limited to family planning services and supplies described 
     in 1905(a)(4)(C) including medical diagnosis and treatment 
     services that are provided pursuant to a family planning 
     service in a family planning setting;'' after ``cervical 
     cancer''.
       (4) Conforming amendments.--Section 1905(a) of the Social 
     Security Act (42 U.S.C. 1396d(a)) is amended in the matter 
     preceding paragraph (1)--
       (A) in clause (xii), by striking ``or'' at the end;
       (B) in clause (xii), by adding ``or'' at the end; and
       (C) by inserting after clause (xiii) the following:
       ``(xiv) individuals described in section 1902(dd),''.
       (b) Presumptive Eligibility.--
       (1) In general.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended by inserting after section 
     1920B the following:


         ``presumptive eligibility for family planning services

       ``Sec. 1920C.  (a) State Option.--A State plan approved 
     under section 1902 may provide for making medical assistance 
     available to an individual described in section 1902(dd) 
     (relating to individuals who meet certain income eligibility 
     standards) during a presumptive eligibility period. In the 
     case of an individual described in section 1902(dd), such 
     medical assistance shall be limited to family planning 
     services and supplies described in 1905(a)(4)(C) including 
     medical diagnosis and treatment services that are provided 
     pursuant to a family planning service in a family planning 
     setting.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Presumptive eligibility period.--The term 
     `presumptive eligibility period' means, with respect to an 
     individual described in subsection (a), the period that--
       ``(A) begins with the date on which a qualified entity 
     determines, on the basis of preliminary information, that the 
     individual is described in section 1902(dd); and
       ``(B) ends with (and includes) the earlier of--
       ``(i) the day on which a determination is made with respect 
     to the eligibility of such individual for services under the 
     State plan; or
       ``(ii) in the case of such an individual who does not file 
     an application by the last day of the month following the 
     month during which the entity makes the determination 
     referred to in subparagraph (A), such last day.
       ``(2) Qualified entity.--
       ``(A) In general.--Subject to subparagraph (B), the term 
     `qualified entity' means any entity that--
       ``(i) is eligible for payments under a State plan approved 
     under this title; and
       ``(ii) is determined by the State agency to be capable of 
     making determinations of the type described in paragraph 
     (1)(A).
       ``(B) Rule of construction.--Nothing in this paragraph 
     shall be construed as preventing a State from limiting the 
     classes of entities that may become qualified entities.
       ``(c) Administration.--
       ``(1) In general.--The State agency shall provide qualified 
     entities with--
       ``(A) such forms as are necessary for an application to be 
     made by an individual described in subsection (a) for medical 
     assistance under the State plan; and
       ``(B) information on how to assist such individuals in 
     completing and filing such forms.
       ``(2) Notification requirements.--A qualified entity that 
     determines under subsection (b)(1)(A) that an individual 
     described in subsection (a) is presumptively eligible for 
     medical assistance under a State plan shall--
       ``(A) notify the State agency of the determination within 5 
     working days after the date on which determination is made; 
     and
       ``(B) inform such individual at the time the determination 
     is made that an application for medical assistance is 
     required to be made by not later than the last day of the 
     month following the month during which the determination is 
     made.
       ``(3) Application for medical assistance.--In the case of 
     an individual described in subsection (a) who is determined 
     by a qualified entity to be presumptively eligible for 
     medical assistance under a State plan, the individual shall 
     apply for medical assistance by not later than the last day 
     of the month following the month during which the 
     determination is made.
       ``(d) Payment.--Notwithstanding any other provision of this 
     title, medical assistance that--
       ``(1) is furnished to an individual described in subsection 
     (a)--

[[Page 91]]

       ``(A) during a presumptive eligibility period;
       ``(B) by a entity that is eligible for payments under the 
     State plan; and
       ``(2) is included in the care and services covered by the 
     State plan, shall be treated as medical assistance provided 
     by such plan for purposes of clause (4) of the first sentence 
     of section 1905(b).''.
       (2) Conforming amendments.--
       (A) Section 1902(a)(47) of the Social Security Act (42 
     U.S.C. 1396a(a)(47)) is amended by inserting before the 
     semicolon at the end the following: ``and provide for making 
     medical assistance available to individuals described in 
     subsection (a) of section 1920C during a presumptive 
     eligibility period in accordance with such section.''.
       (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 
     1396b(u)(1)(D)(v)) is amended--
       (i) by striking ``or for'' and inserting ``, for''; and
       (ii) by inserting before the period the following: ``, or 
     for medical assistance provided to an individual described in 
     subsection (a) of section 1920C during a presumptive 
     eligibility period under such section''.

     SEC. 704. EFFECTIVE DATE.

       (a) In General.--Except as provided in paragraph (2), the 
     amendments made by this title take effect on October 1, 2009.
       (b) Extension of Effective Date for State Law Amendment.--
     In the case of a State plan under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
     Health and Human Services determines requires State 
     legislation in order for the plan to meet the additional 
     requirements imposed by the amendments made by this title, 
     the State plan shall not be regarded as failing to comply 
     with the requirements of such title solely on the basis of 
     its failure to meet these additional requirements before the 
     first day of the first calendar quarter beginning after the 
     close of the first regular session of the State legislature 
     that begins after the date of the enactment of this Act. For 
     purposes of the previous sentence, in the case of a State 
     that has a 2-year legislative session, each year of the 
     session is considered to be a separate regular session of the 
     State legislature.

            TITLE VIII--RESPONSIBLE EDUCATION ABOUT LIFE ACT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Responsible Education 
     About Life Act of 2009''.

     SEC. 802. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND 
                   OTHER SEXUALLY TRANSMITTED DISEASES AND TO 
                   SUPPORT HEALTHY ADOLESCENT DEVELOPMENT.

       (a) In General.--Each eligible State shall be eligible to 
     receive from the Secretary of Health and Human Services, for 
     each of the fiscal years 2010 through 2014, a grant to 
     conduct programs of family life education, including 
     education on both abstinence and contraception for the 
     prevention of teenage pregnancy and sexually transmitted 
     diseases, including HIV/AIDS.
       (b) Requirements for Family Life Programs.--For purposes of 
     this title, a program of family life education is a program 
     that--
       (1) is age-appropriate and medically accurate;
       (2) does not teach or promote religion;
       (3) teaches that abstinence is the only sure way to avoid 
     pregnancy or sexually transmitted diseases;
       (4) stresses the value of abstinence while not ignoring 
     those young people who have had or are having sexual 
     intercourse;
       (5) provides information about the health benefits and side 
     effects of all contraceptives and barrier methods as a means 
     to prevent pregnancy and reduce the risk of contracting 
     sexually transmitted diseases, including HIV/AIDS;
       (6) encourages family communication between parent and 
     child about sexuality;
       (7) teaches young people the skills to make responsible 
     decisions about sexuality, including how to avoid unwanted 
     verbal, physical, and sexual advances; and
       (8) teaches young people how alcohol and drug use can 
     effect responsible decision making.
       (c) Additional Activities.--In carrying out a program of 
     family life education, a State may expend a grant under 
     subsection (a) to carry out educational and motivational 
     activities that help young people--
       (1) gain knowledge about the physical, emotional, 
     biological, and hormonal changes of adolescence and 
     subsequent stages of human maturation;
       (2) develop the knowledge and skills necessary to ensure 
     and protect their sexual and reproductive health from 
     unintended pregnancy and sexually transmitted disease, 
     including HIV/AIDS throughout their lifespan;
       (3) gain knowledge about the specific involvement and 
     responsibility of males in sexual decision making;
       (4) develop healthy attitudes and values about adolescent 
     growth and development, body image, racial and ethnic 
     diversity, and other related subjects;
       (5) develop and practice healthy life skills, including 
     goal-setting, decision making, negotiation, communication, 
     and stress management;
       (6) develop healthy relationships, including the prevention 
     of dating and relationship violence;
       (7) promote self-esteem and positive interpersonal skills 
     focusing on relationship dynamics, including friendships, 
     dating, romantic involvement, marriage and family 
     interactions; and
       (8) prepare for the adult world by focusing on educational 
     and career success, including developing skills for 
     employment preparation, job seeking, independent living, 
     financial self-sufficiency, and workplace productivity.

     SEC. 803. SENSE OF CONGRESS.

       It is the sense of Congress that while States are not 
     required under this title to provide matching funds, with 
     respect to grants authorized under section 802(a), they are 
     encouraged to do so.

     SEC. 804. EVALUATION OF PROGRAMS.

       (a) In General.--For the purpose of evaluating the 
     effectiveness of programs of family life education carried 
     out with a grant under section 802, evaluations of such 
     program shall be carried out in accordance with subsections 
     (b) and (c).
       (b) National Evaluation.--
       (1) In general.--The Secretary shall provide for a national 
     evaluation of a representative sample of programs of family 
     life education carried out with grants under section 802. A 
     condition for the receipt of such a grant is that the State 
     involved agree to cooperate with the evaluation. The purposes 
     of the national evaluation shall be the determination of--
       (A) the effectiveness of such programs in helping to delay 
     the initiation of sexual intercourse and other high-risk 
     behaviors;
       (B) the effectiveness of such programs in preventing 
     adolescent pregnancy;
       (C) the effectiveness of such programs in preventing 
     sexually transmitted disease, including HIV/AIDS;
       (D) the effectiveness of such programs in increasing 
     contraceptive knowledge and contraceptive behaviors when 
     sexual intercourse occurs; and
       (E) a list of best practices based upon essential 
     programmatic components of evaluated programs that have led 
     to success in subparagraphs (A) through (D).
       (2) Report.--A final report providing the results of the 
     national evaluation under paragraph (1) shall be submitted to 
     Congress not later than March 31, 2015, with an interim 
     report provided on an annual basis at the end of each fiscal 
     year under section 802(a).
       (c) Individual State Evaluations.--
       (1) In general.--A condition for the receipt of a grant 
     under section 802 is that the State involved agree to provide 
     for the evaluation of the programs of family education 
     carried out with the grant in accordance with the following:
       (A) The evaluation will be conducted by an external, 
     independent entity.
       (B) The purposes of the evaluation will be the 
     determination of--
       (i) the effectiveness of such programs in helping to delay 
     the initiation of sexual intercourse and other high-risk 
     behaviors;
       (ii) the effectiveness of such programs in preventing 
     adolescent pregnancy;
       (iii) the effectiveness of such programs in preventing 
     sexually transmitted disease, including HIV/AIDS; and
       (iv) the effectiveness of such programs in increasing 
     contraceptive knowledge and contraceptive behaviors when 
     sexual intercourse occurs.
       (2) Use of grant.--A condition for the receipt of a grant 
     under section 802 is that the State involved agree that not 
     more than 10 percent of the grant will be expended for the 
     evaluation under paragraph (1).

     SEC. 805. DEFINITIONS.

       For purposes of this title:
       (1) The term ``eligible State'' means a State that submits 
     to the Secretary an application for a grant under section 802 
     that is in such form, is made in such manner, and contains 
     such agreements, assurances, and information as the Secretary 
     determines to be necessary to carry out this title.
       (2) The term ``HIV/AIDS'' means the human immunodeficiency 
     virus, and includes acquired immune deficiency syndrome.
       (3) The term ``medically accurate'', with respect to 
     information, means information that is supported by research, 
     recognized as accurate and objective by leading medical, 
     psychological, psychiatric, and public health organizations 
     and agencies, and where relevant, published in peer review 
     journals.
       (4) The term ``Secretary'' means the Secretary of Health 
     and Human Services.

     SEC. 806. APPROPRIATIONS.

       (a) In General.--For the purpose of carrying out this 
     title, there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2010 through 
     2014.
       (b) Allocations.--Of the amounts appropriated under 
     subsection (a) for a fiscal year--
       (1) not more than 7 percent may be used for the 
     administrative expenses of the Secretary in carrying out this 
     title for that fiscal year; and
       (2) not more than 10 percent may be used for the national 
     evaluation under section 804(b).

             TITLE IX--PREVENTION THROUGH AFFORDABLE ACCESS

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Prevention Through 
     Affordable Access Act''.

[[Page 92]]



     SEC. 902. RESTORING AND PROTECTING ACCESS TO DISCOUNT DRUG 
                   PRICES FOR UNIVERSITY-BASED AND SAFETY-NET 
                   CLINICS.

       (a) Restoring Nominal Pricing.--Section 1927(c)(1)(D)(i) of 
     the Social Security Act (42 U.S.C. 1396r-8(c)(1)(D)(i)) is 
     amended--
       (1) by redesignating subclause (IV) as subclause (VI); and
       (2) by inserting after subclause (III) the following new 
     subclauses:

       ``(IV) An entity that is operated by a health center of an 
     institution of higher education, the primary purpose of which 
     is to provide health services to students of that 
     institution.
       ``(V) An entity that is a public or private nonprofit 
     entity that provides a service or services described under 
     section 1001(a) of the Public Health Service Act.''.

       (b) Effective Date.--The amendments made by this section 
     shall be effective as of the date of the enactment of this 
     Act.
                                 ______
                                 
      By Mr. SPECTER (for himself and Mr. Casey):
  S. 32. A bill to require the Federal Energy Regulatory Commission to 
hold at least 1 public hearing before issuance of a permit affecting 
public or private land use in a locality; to the Committee on Energy 
and Natural Resources.
  Mr. SPECTER. Mr. President, I seek recognition to speak on 
legislation I am introducing that will require the Federal Energy 
Regulatory Commission to hold at least one public hearing before 
issuance of a permit affecting public or private land use in a 
locality. I introduced legislation on this issue at the end of the 
110th Congress, and fully expect it to remain relevant as we move 
forward with upgrades to our energy infrastructure, possibly as part of 
an economic stimulus package. The legislation has been updated; namely, 
it now allows for a second hearing when officially requested by a 
county or local government to address issues not addressed at the 
original hearing.
  Increasing demand for electricity throughout the Northeast is putting 
a strain on energy infrastructure in my State, necessitating new 
transmission lines and natural gas pipelines and the expansion of 
existing ones. In southwestern and northeast Pennsylvania transmission 
line expansions are planned over hundreds of miles of private property, 
while in the southeast natural gas pipeline expansions are underway.
  There is no doubt these projects can be invasive, and rarely do they 
fail to be controversial. I make a point of touching all of 
Pennsylvania's 67 counties each year. In traveling Pennsylvania this 
Fall I heard a lot of complaints, which didn't come as a surprise. I 
heard frequently from constituents who oppose these infrastructure 
projects, and who felt their concerns were being ignored by the energy 
companies and by FERC.
  I realize there will always be some opposition to large 
infrastructure projects. What is unacceptable, however, is for the 
people of my State to feel that their voices were not heard, that their 
issues were ignored. It may be the case that these projects are 
necessary. The Federal Energy Regulatory Commission is the authority, 
and in exercising its authority it must be sensitive to local concerns.
  To address this I propose simply that FERC hold a hearing in these 
affected communities. In many cases this is already done, but my 
legislation makes it mandatory. State Public Utility Commissions, who 
have a great say in these matters, are beyond Congress' reach. But 
where the Federal Energy Regulatory Commission is involved we can take 
steps to ensure that our constituents' concerns receive due 
consideration. Holding a hearing may not lead to all sides agreeing on 
the proper route forward, but at the very least my Pennsylvania 
constituents will come away with the satisfaction of having publicly 
aired their grievances.
  To ensure that constituent concerns are given all due consideration, 
my legislation allows for affected parties to petition for a second 
hearing, provided certain conditions are met. In order for a second 
hearing to occur, a county government, or a municipal government within 
the affected county, must petition the Federal Energy Regulatory 
Commission for a second hearing. A second hearing will only occur to 
address an issue that was not addressed at the initial hearing, and the 
hearing shall occur between 30 and 60 days after approval by the 
Federal Energy Regulatory Commission.
  The safeguards included in this legislation are critical to 
protecting individual property rights. As the Nation moves forward in 
making needed updates to its infrastructure, defending citizens' 
constitutional right to redress their government with their concerns 
should be paramount for this Congress. I will continue to fight to 
allow my constituents to be heard when Federal projects will affect 
their rights as homeowners and landowners.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself, Mr. Alexander, Mr. Ensign, Mr. 
        Cornyn, and Mr. Martinez):
  S. 35. A bill to provide a permanent deduction for State and local 
general sales taxes; to the Committee on Finance.
  Mrs. HUTCHISON. Mr. President, I am pleased to introduce a bill to 
permanently correct an injustice in the tax code that has harmed 
citizens in many States of this great Nation.
  State and local governments have various alternatives for raising 
revenue. Some levy income taxes, some use sales taxes, and others use a 
combination of the two. The citizens who pay State and local income 
taxes have been able to offset some of their federal income taxes by 
receiving a deduction for those State and local income taxes. Before 
1986, taxpayers also had the ability to deduct their sales taxes.
  The philosophy behind these deductions is simple: people should not 
have to pay taxes on their taxes. The money that people must give to 
one level of government should not also be taxed by another level of 
government.
  Unfortunately, citizens of some States were treated differently after 
1986 when the deduction for State and local sales taxes was eliminated. 
This discriminated against those living in States, such as my home 
State of Texas, with no income taxes. It is important to remember the 
lack of an income tax does not mean citizens in these States do not pay 
State taxes; revenues are simply collected differently.
  It is unfair to give citizens from some States a deduction for the 
revenue they provide their State and local governments, while not doing 
the same for citizens from other States. Federal tax law should not 
treat people differently on the basis of State residence and differing 
tax collection methods, and it should not provide an incentive for 
States to establish income taxes over sales taxes.
  This discrepancy has a significant impact on Texas. According to the 
Texas Comptroller, extending the deduction would save Texans a 
projected $1.2 billion a year, or an average of $520 per filer claiming 
the deduction. The Texas Comptroller also estimates continuing the 
deduction is associated with 15,700 to 25,700 Texas jobs and $1.1 
billion to $1.4 billion in gross State product.
  Recognizing the inequity in the tax code, Congress reinstated the 
sales tax deduction in 2004 and authorized it for 2 years. In 2006 
Congress extended the sales tax deduction for an additional 2 years. 
Last year, Congress extended the deduction for 2 more years. 
Unfortunately, the deduction is only in effect through 2009, and we 
must act to prevent the inequity from returning.
  The legislation I am offering today will fix this problem for good by 
making the State and local sales tax deduction permanent. This will 
permanently end the discrimination suffered by my fellow Texans and 
citizens of other States who do not have the option of an income tax 
deduction.
  This legislation is about reestablishing equity to the tax code and 
defending the important principle of eliminating taxes on taxes. I hope 
my fellow Senators will support this effort and pass this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 35

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page 93]]



     SECTION 1. PERMANENT EXTENSION OF DEDUCTION OF STATE AND 
                   LOCAL GENERAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) of 
     the Internal Revenue Code of 1986, as amended by section 201 
     of the Tax Extenders and Minimum Tax Relief Act of 2008, is 
     amended by striking ``, and before January 1, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Ensign):
  S. 36. A bill to repeat the perimeter rule for Ronald Reagan 
Washington National Airport, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I am pleased to be joined by Senator 
Ensign in introducing the Abolishing Aviation Barriers Act of 2009. 
This bill would remove the arbitrary restrictions that prevent 
Americans from having an array of options for non-stop air travel 
between airports in Western states and LaGuardia International Airport 
and Ronald Reagan Washington National Airport.
  LaGuardia restricts the departure or arrival of non-stop flights to 
or from airports that are farther then 1,500 miles from LaGuardia. 
Washington National has a similar restriction for non-stop flights to 
or from airports 1,250 miles from Washington National. These 
restrictions are commonly referred to as the ``perimeter rule.'' This 
bill would abolish these archaic limitations that reduce consumers' 
options for convenient flights and competitive fares.
  The original purpose of the perimeter rule was to promote LaGuardia 
and Washington National as airports for business travelers flying to 
and from East Coast and Midwest cities and to promote traffic to other 
airports by diverting long haul flights to Newark and Kennedy airports 
in the New York area and Dulles airport in the Washington area. 
However, over the years, Congress has granted numerous exceptions to 
the perimeter rule because the air traveling public is eager for 
options. Today, exceptions are made for nonstop flights between 
LaGuardia and Denver and between Washington National and Denver, Las 
Vegas, Los Angeles, Phoenix, Salt Lake City and Seattle. Rather then 
continuing to take a piecemeal approach to promoting consumer choice, I 
urge Congress to take this opportunity once and for all to do away with 
this outdated rule.
  I continue to believe that Americans should have access to air travel 
at the lowest possible cost and with the most convenience for their 
schedule. Therefore, I have always advocated for the removal of any 
artificial barrier that prevents free market competition. In 2004, I 
co-sponsored legislation to repeal the Wright Amendment which 
prohibited flights from Dallas Love Field airport to 43 states. This 
year, I am proud to once again join with my colleagues to eliminate 
another unnecessary restraint through the Abolishing Aviation Barriers 
Act of 2009.
  A 1999 study by the Transportation Research Board, the most recent 
available, stated that perimeter rules ``no longer serve their original 
purpose and have produced too many adverse side effects, including 
barriers to competition . . . The rules arbitrarily prevent some 
airlines from extending their networks to these airports; they 
discourage competition among the airports in the region and among the 
airlines that use these airports; and they are subject to chronic 
attempts by special interest groups to obtain exemptions.'' That same 
year, the Government Accountability Office, GAO, stated that the 
``practical effect'' of the perimeter rule ``has been to limit entry'' 
of other carriers and found that airfares at LaGuardia and Washington 
National are approximately 50 percent higher on average than fares at 
similar airports unconstrained by the perimeter rule. Such an 
anticompetitive rule should not remain in effect, particularly where 
its anticompetitive impact has long been recognized.
  For this reason, I will continue the struggle to try to remove the 
perimeter rule and other anti-competitive restrictions that increase 
consumer costs and decrease convenience for no apparent benefit.
                                 ______
                                 
      By Mr. McCAIN:
  S. 37. A bill to amend the Internal Revenue Code of 1986 to 
permanently extend the research credit; to the Committee on Finance.
  Mr. McCAIN. Mr. President, today I introduce the Economic Growth 
Through Innovation Act of 2009. This bill would make permanent the 
current research and development tax credit. Otherwise, this tax credit 
will expire on December 31, 2009.
  A permanent credit would provide an incentive to innovate, and remove 
uncertainty now hanging over businesses as they make research and 
development investment decisions for 2010 and beyond. The research and 
development tax credit was first established in 1981 and has been 
extended and revised repeatedly since then. Failure to make the tax 
credit permanent has led to reduced investment in research, which has 
led to fewer jobs being created in the United States. Tax policies have 
a powerful influence on business investment and hiring decisions, and 
that is why I have chosen to introduce this bill on the first day of 
the 111th Congress. Additionally, both President-elect Obama and I were 
in full agreement during the campaign that making permanent the 
research and development tax credit is critical to spurring investment 
in developing technologies.
  In the 1980s, the U.S. was a leader among nations for providing the 
most generous tax treatment of research and development. By 2004, the 
most recent study, the United States had fallen to 17th, which explains 
why the U.S. is no longer considered by many to be the world leader in 
innovation and technology. A permanent, meaningful research and 
development tax credit will ensure that businesses keep funding 
research and development, which may lead to numerous new discoveries in 
the U.S. such as fuel-efficient vehicles, cancer treatment or the 
development of clean energy.
  Studies have shown that on average, companies invest $94 in research 
and development for every $6 the Federal Government invests in the tax 
credit. While I understand that some economists have estimated this tax 
credit may cost many billions of dollars in tax revenue to the Federal 
government, I believe it is essential to spurring an economic recovery.
  Companies of all sizes, in a wide range of industries, have taken 
advantage of the research and development tax credit during its 
existence. According to a recent study by Ernst & Young, 17,700 
businesses claimed $6.6 billion research and development tax credits on 
their tax returns in 2005, the most recent year available. Almost a 
quarter of these businesses were small businesses with $1 million of 
assets or less, and almost half were businesses with assets of $1-$5 
million, which is the lifeblood of the U.S. economy. Firms in the 
manufacturing, information and services sectors claimed the majority of 
the credit, and the states with the highest number of companies 
reporting research and development activity include those States that 
have been hit the hardest by the depressed economy such as Michigan, 
Pennsylvania and California.
  Congress has endorsed the credit by extending it 13 times since 
enactment, and several times the credit has been reinstated 
retroactively. Yet, it has never been made permanent, creating a less 
certain investment atmosphere. With so many Republicans and Democrats 
in agreement that this tax credit must be made permanent, including 
President-elect Obama, I hope this bill will be given swift 
consideration and signed into law during the first few months of 2009 
to increase our nation's ability to innovate, create jobs and improve 
our sagging economy.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Dorgan):
  S. 38. A bill to establish a United States Boxing Commission to 
administer the Act, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, today I am pleased to be joined by Senator 
Dorgan in introducing the Professional Boxing Amendments Act of 2009. 
This legislation is virtually identical to a

[[Page 94]]

measure reported by the Commerce Committee during the first executive 
session of the 110th Congress, after being approved unanimously by the 
Senate in 2005. Simply put, this bill would better protect professional 
boxing from the fraud, corruption, and ineffective regulation that have 
plagued the sport for far too many years, and that have devastated 
physically and financially many of our Nation's professional boxers. I 
remain committed to moving the Professional Boxing Amendments Act 
through the Senate and I trust that my colleagues will once again vote 
favorably on this important legislation.
  Since 1996, Congress has made efforts to improve the sport of 
professional boxing--and for very good reason. With rare exception, 
professional boxers come from the lowest rung on our economic ladder. 
Often they are the least educated and most exploited athletes in our 
nation. The Professional Boxing Safety Act of 1996 and the Muhammad Ali 
Boxing Reform Act of 2000 established uniform health and safety 
standards for professional boxers, as well as basic protections for 
boxers against the sometimes coercive, exploitative, and unethical 
business practices of promoters, managers, and sanctioning 
organizations. But further action is needed.
  The Professional Boxing Amendments Act would strengthen existing 
Federal boxing law by improving the basic health and safety standards 
for professional boxers, establishing a centralized medical registry to 
be used by local commissions to protect boxers, reducing the arbitrary 
practices of sanctioning organizations, and enhancing the uniformity 
and basic standards for professional boxing contracts. Most 
importantly, this legislation would establish a Federal regulatory 
entity to oversee professional boxing and set basic uniform standards 
for certain aspects of the sport.
  Current law has improved to some extent the state of professional 
boxing. However, I remain concerned, as do many others, that the sport 
remains at risk. In 2003, the Government Accountability Office spent 
more than six months studying ten of the country's busiest state and 
tribal boxing commissions. Government auditors found that many State 
and tribal boxing commissions still do not comply with Federal boxing 
law, and that there is a troubling lack of enforcement by both Federal 
and State officials.
  Ineffective and inconsistent oversight of professional boxing has 
contributed to the continuing scandals, controversies, unethical 
practices, and unnecessary deaths in the sport. These problems have led 
many in professional boxing to conclude that the only solution is an 
effective and accountable Federal boxing commission. The Professional 
Boxing Amendments Act would create such an entity.
  Professional boxing remains the only major sport in the United States 
that does not have a strong, centralized association, league, or other 
regulatory body to establish and enforce uniform rules and practices. 
Because a powerful few benefit greatly from the current system of 
patchwork compliance and enforcement of Federal boxing law, a national 
self-regulating organization--though preferable to Federal government 
oversight is not a realistic option.
  This bill would establish the United States Boxing Commission 
``USBC'' or Commission. The Commission would be responsible for 
protecting the health, safety, and general interests of professional 
boxers. The USBC would also be responsible for ensuring uniformity, 
fairness, and integrity in professional boxing. More specifically, the 
Commission would administer Federal boxing law and coordinate with 
other Federal regulatory agencies to ensure that this law is enforced; 
oversee all professional boxing matches in the United States; and work 
with the boxing industry and local commissions to improve the safety, 
integrity, and professionalism of professional boxing in the United 
States.
  The USBC would also license boxers, promoters, managers, and 
sanctioning organizations. The Commission would have the authority to 
revoke such a license for violations of Federal boxing law, to stop 
unethical or illegal conduct, to protect the health and safety of a 
boxer, or if the revocation is otherwise in the public interest.
  It is important to state clearly and plainly for the record that the 
purpose of the USBC is not to interfere with the daily operations of 
State and tribal boxing commissions. Instead, the Commission would work 
in consultation with local commissions, and it would only exercise its 
authority when reasonable grounds exist for such intervention. In point 
of fact, the Professional Boxing Amendments Act states explicitly that 
it would not prohibit any boxing commission from exercising any of its 
powers, duties, or functions with respect to the regulation or 
supervision of professional boxing to the extent not inconsistent with 
the provisions of Federal boxing law.
  Let there be no doubt, however, of the very basic and pressing need 
in professional boxing for a Federal boxing commission. The 
establishment of the USBC would address that need. The problems that 
plague the sport of professional boxing undermine the credibility of 
the sport in the eyes of the public and--more importantly--compromise 
the safety of boxers. The Professional Boxing Amendments Act provides 
an effective approach to curbing these problems.
  As this measure continues through the legislative process, I fully 
expect Congress will ensure that funding offsets are provided to it and 
every other spending measure as we work to restore fiscal discipline to 
Washington in a bipartisan manner. I urge my colleagues to support this 
legislation.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 39. A bill to repeal section 10(f) of Public Law 93-531, commonly 
known as the ``Bennett Freeze''; to the Committee on Indian Affairs.
  Mr. McCAIN. Mr. President, I am pleased to introduce legislation that 
would repeal section 10(f) of Public Law 93-531, commonly known as the 
``Bennett Freeze.'' Passage of this legislation would officially mark 
the end of roughly 40 years of litigation and land-lock between the 
Navajo Nation and the Hopi Tribe.
  For decades the Navajo and the Hopi have been engrossed in a bitter 
dispute over land rights in the Black Mesa area just south of Kayenta, 
Arizona. The conflict extends as far back as 1882 when the boundaries 
of the Hopi and Navajo reservations were initially defined resulting in 
a tragic saga of litigation and damaging federal Indian policy. By 
1966, relations between the tribes became so strained over development 
and access to sacred religious sites in the disputed area that the 
federal government imposed a construction freeze on the disputed 
reservation land. The freeze prohibited any additional housing 
development in the Black Mesa area and restricted repairs on existing 
dwellings. This injunction became known as the ``Bennett Freeze,'' 
named after former BIA Commissioner Robert Bennett who imposed the ban.
  The Bennett Freeze was intended to be a temporary measure to prevent 
one tribe taking advantage of another until the land dispute could be 
settled. Unfortunately, the conflict was nowhere near resolution, and 
the construction freeze ultimately devastated economic development in 
northern Arizona for years to come. By some accounts, nearly 8,000 
people currently living in the Bennett Freeze area reside in conditions 
that haven't changed in half a century. While the population of the 
area has increased 65 percent, generations of families have been forced 
to live together in homes that have been declared unfit for human 
habitation by the United Nations and non-governmental organizations. 
Only 3 percent of the families affected by the Bennett Freeze have 
electricity. Only 10 percent have running water. Almost none have 
natural gas.
  In September 2005, the Navajo and Hopi peoples' desire to live 
together in mutual respect prevailed when both tribes approved an 
intergovernmental agreement that resolved all outstanding litigation in 
the Bennett Freeze area. This landmark agreement also clarifies the 
boundaries of the

[[Page 95]]

Navajo and Hopi reservations in Arizona, and ensures that access to 
religious sites of both tribes in protected. As such, the Navajo 
Nation, the Hopi Tribe, and the Department of Interior all support 
congressional legislation to lift the freeze.
  The bill I am introducing today would repeal the Bennett Freeze. The 
intergovernmental compact approved last year by both tribes, the 
Department of Interior, and signed by the U.S. District Court for 
Arizona, marks a new era in Navajo-Hopi relations. Lifting the Bennett 
Freeze gives us an opportunity to put decades of conflict between the 
Navajo and Hopi behind us.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 40. A bill to designate Fossil Creek, a tributary of the Verde 
River in the State of Arizona, as a component of the National Wild and 
Scenic Rivers System; to the Committee on Energy and Natural Resources.
  Mr. McCAIN. Mr. President, I am pleased to be joined by my colleague, 
Senator Kyl, in reintroducing a bill to designate Fossil Creek as a 
Wild and Scenic River.
  Fossil Creek is a thing of beauty. With its picturesque scenery, lush 
riparian ecosystem, unique geological features, and deep iridescent 
blue pools and waterfalls, this tributary to the Wild and Scenic Verde 
River and Lower Colorado River Watershed stretches 14 miles through 
east central Arizona. It is home to a wide variety of wildlife, some of 
which are threatened or endangered species. Over 100 bird species 
inhabit the Fossil Creek area and use it to migrate between the range 
lowlands and the Mogollon-Colorado Plateau highlands. Fossil Creek also 
supports a variety of aquatic species and is one of the few perennial 
streams in Arizona with multiple native fish.
  Fossil Creek was named in the 1800s when early explorers described 
the fossil-like appearance of creek-side rocks and vegetation coated 
with calcium carbonate deposits from the creek's water. In the early 
1900s, pioneers recognized the potential for hydroelectric power 
generation in the creek's constant and abundant spring fed base-flow. 
They claimed the channel's water rights and built a dam system and 
generating facilities known as the Childs-Irving hydro-project. Over 
time, the project was acquired by Arizona Public Service, APS, one of 
the state's largest electric utility providers serving more than a 
million Arizonans. Because Childs-Irving produced less then half of 1 
percent of the total power generated by APS, the decision was made 
ultimately to decommission the aging dam and restore Fossil Creek to 
its pre-settlement conditions.
  APS has partnered with various environmental groups, federal land 
managers, and state, tribal and local governments to safely remove the 
Childs-Irving power generating facilities and restore the riparian 
ecosystem. In 2005, APS removed the dam system and returned full flows 
to Fossil Creek. Researchers predict Fossil Creek will soon become a 
fully regenerated Southwest native fishery providing a most-valuable 
opportunity to reintroduce at least six threatened and endangered 
native fish species as well as rebuild the native populations presently 
living in the creek.
  There is a growing need to provide additional protection and adequate 
staffing and management at Fossil Creek. Recreational visitation to the 
riverbed is expected to increase dramatically, and by the Forest 
Service's own admission, they aren't able to manage current levels of 
visitation or the pressures of increased use. While responsible 
recreation and other activities at Fossil Creek are to be encouraged, 
we must also ensure the long-term success of the ongoing restoration 
efforts. Designation under the Wild and Scenic Rivers Act would help to 
ensure the appropriate level of protection and resources are devoted to 
Fossil Creek. Already, Fossil Creek has been found eligible for Wild 
and Scenic designation by the Forest Service and the proposal has 
widespread support from surrounding communities. All of the lands 
potentially affected by a designation are owned and managed by the 
Forest Service and will not affect private property owners. I fully 
expect that as this measure continues through the legislative process, 
Congress will ensure that funding offsets are provided to it and every 
other spending measure as we work to restore fiscal discipline to 
Washington in a bipartisan manner.
  Fossil Creek is a unique Arizona treasure, and would benefit greatly 
from the protection and recognition offered through Wild and Scenic 
designation.
                                 ______
                                 
      By Mr. LEAHY (for himself and Mr. Cornyn):
  S. 49. A bill to help Federal prosecutors and investigators combat 
public corruption by strengthening and clarifying the law; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. Presdient, I am pleased to join with Senator Cornyn 
once again to introduce the Public Corruption Prosecution Improvements 
Act of 2009, a bill that will strengthen and clarify key aspects of 
Federal criminal law and provide new tools to help investigators and 
prosecutors attack public corruption nationwide.
  The start of a new Congress presents a unique opportunity to restore 
the faith of the American people in their government. That is why I 
sought to offer an early version of this bill as my first amendment two 
years ago when that new Congress began. Regrettably, a Republican 
objection to it prevented its adoption at that time.
  As we have seen in recent months, public corruption can erode the 
trust the American people have in those who are given the privilege of 
public service. Too often, though, loopholes in existing laws have 
meant that corrupt conduct can go unchecked.
  Make no mistake: The stain of corruption has spread to all levels of 
government. This is a problem that victimizes every American by 
chipping away at the foundations of our democracy. Rooting out the 
kinds of public corruption that have resulted in convictions of members 
of both the Senate and the House, and many others, requires us to give 
prosecutors the tools and resources they need to investigate and 
prosecute criminal public corruption offenses. This bill will do 
exactly that.
  The bill Senator Cornyn and I introduce today will provide 
investigators and prosecutors more time and, even more crucially, more 
resources to pursue public corruption cases. It also amends several key 
statutes to broaden their application in corruption contexts and to 
prevent corrupt public officials and their accomplices from evading or 
defeating prosecution based on existing legal ambiguities.
  The bill provides significant and much-needed additional funding for 
public corruption enforcement. Since September 11, 2001, Federal Bureau 
of Investigation, FBI, resources have been shifted away from the 
pursuit of white collar crime to counterterrorism. Director Mueller has 
said that public corruption is among the FBI's top investigative 
priorities, but a September 2005 report by the Department of Justice 
Inspector General found that, from 2000 to 2004, there was an overall 
reduction in public corruption matters handled by the FBI. More 
recently, a study by the research group Transactional Records Access 
Clearinghouse found that the prosecution of all kinds of white collar 
crimes is down 27 percent since 2000, and official corruption cases 
have dropped in the same period by 14 percent. The Wall Street Journal 
reported in 2007 that the investigation of an elected Federal official 
stalled for six months because the investigating U.S. Attorney's Office 
could not afford to replace the prosecutor who had previously handled 
the case. We must reverse this trend and make sure that law enforcement 
has the tools and the resources it needs to confront these serious and 
corrosive crimes.
  Efforts to combat terrorism and public corruption are not mutually 
exclusive. A bribed customs official who allows a terrorist to smuggle 
contraband into our country, or a corrupt consular officer who 
illegally supplies U.S. entry visas to would-be terrorists can cause 
grave harm to our national security.

[[Page 96]]

  The bill also extends the statute of limitations from 5 to 6 years 
for the most serious public corruption offenses. Public corruption 
cases are among the most difficult and time-consuming cases to 
investigate. Bank fraud, arson and passport fraud, among other 
offenses, all have 10-year statutes of limitations. Public corruption 
offenses cut to the heart of our democracy. This modest increase to the 
statute of limitations is a reasonable step to help our corruption 
investigators and prosecutors do their jobs.
  This bill goes further by amending several key statutes to broaden 
their application in corruption and fraud contexts and to eliminate 
legal ambiguities that can hinder prosecution of serious corruption. 
The bill includes a fix to the gratuities statute that makes clear that 
public officials may not accept anything of value, other than what is 
permitted by existing rules and regulations, given to them because of 
their official position. This important provision contains appropriate 
safeguards to ensure that only corrupt conduct is prosecuted, but it 
puts teeth behind the ethical reforms the Senate adopted under the 
leadership of Senator Obama.
  The bill also appropriately clarifies the definition of what it means 
for a public official to perform an ``official act'' for the purposes 
of the bribery statute and closes several other gaps in current law. 
The bill adds two corruption-related crimes as predicates for the 
Federal wiretap and racketeering statutes, lowers the transactional 
amount required for Federal prosecution of bribery involving federally-
funded State programs, and expands the venue for perjury and 
obstruction of justice prosecutions.
  Finally, the bill raises the statutory maximum penalties for several 
laws dealing with official misconduct, including theft of Government 
property and bribery. These increases reflect the serious and corrosive 
nature of these crimes, and would harmonize the punishment for these 
crimes with other similar statutes.
  If we are serious about addressing the kinds of egregious misconduct 
that we have witnessed over the past several years in high-profile 
public corruption cases, Congress should enact meaningful legislation 
to give investigators and prosecutors the tools and resources they need 
to enforce our laws. Passing ethics and lobbying reform in the last 
Congress was a step in the right direction. Now we should finish the 
job by strengthening the criminal law to enable federal investigators 
and prosecutors to bring those who undermine the public trust to 
justice. I am disappointed that Republican objections prevented the 
full Senate from passing this critical bill early in the last Congress. 
I hope that this year all Senators will support this bipartisan bill 
and take firm action to stamp out intolerable corruption.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 49

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Corruption 
     Prosecution Improvements Act''.

     SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS 
                   PUBLIC CORRUPTION OFFENSES.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3299A. Corruption offenses

       ``Unless an indictment is returned or the information is 
     filed against a person within 6 years after the commission of 
     the offense, a person may not be prosecuted, tried, or 
     punished for a violation of, or a conspiracy or an attempt to 
     violate the offense in--
       ``(1) section 201 or 666;
       ``(2) section 1341 or 1343, when charged in conjunction 
     with section 1346 and where the offense involves a scheme or 
     artifice to deprive another of the intangible right of honest 
     services of a public official;
       ``(3) section 1951, if the offense involves extortion under 
     color of official right;
       ``(4) section 1952, to the extent that the unlawful 
     activity involves bribery; or
       ``(5) section 1962, to the extent that the racketeering 
     activity involves bribery chargeable under State law, 
     involves a violation of section 201 or 666, section 1341 or 
     1343, when charged in conjunction with section 1346 and where 
     the offense involves a scheme or artifice to deprive another 
     of the intangible right of honest services of a public 
     official, or section 1951, if the offense involves extortion 
     under color of official right.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 213 of title 18, United States Code, is 
     amended by adding at the end the following:

``3299A. Corruption offenses.''.
       (c) Application of Amendment.--The amendments made by this 
     section shall not apply to any offense committed before the 
     date of enactment of this Act.

     SEC. 3. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO 
                   LICENCES AND OTHER INTANGIBLE RIGHTS.

       Sections 1341 and 1343 of title 18, United States Code, are 
     each amended by striking ``money or property'' and inserting 
     ``money, property, or any other thing of value''.

     SEC. 4. VENUE FOR FEDERAL OFFENSES.

       (a) In General.--The second undesignated paragraph of 
     section 3237(a) of title 18, United States Code, is amended 
     by adding before the period at the end the following: ``or in 
     any district in which an act in furtherance of the offense is 
     committed''.
       (b) Section Heading.--The heading for section 3237 of title 
     18, United States Code, is amended to read as follows:

     ``Sec. 3237. Offense taking place in more than one 
       district''.

       (c) Table of Sections.--The table of sections at the 
     beginning of chapter 211 of title 18, United States Code, is 
     amended so that the item relating to section 3237 reads as 
     follows:

``3237. Offense taking place in more than one district.''.

     SEC. 5. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING 
                   FEDERAL FINANCIAL ASSISTANCE.

       Section 666(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)(B), by--
       (A) striking ``anything of value'' and inserting ``any 
     thing or things of value''; and
       (B) striking ``of $5,000 or more'' and inserting ``of 
     $1,000 or more'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) corruptly gives, offers, or agrees to give any thing 
     or things of value to any person, with intent to influence or 
     reward an agent of an organization or of a State, local or 
     Indian tribal government, or any agency thereof, in 
     connection with any business, transaction, or series of 
     transactions of such organization, government, or agency 
     involving anything of value of $1,000 or more;''; and
       (3) in the matter following paragraph (2), by striking 
     ``ten years'' and inserting ``15 years''.

     SEC. 6. PENALTY FOR SECTION 641 VIOLATIONS.

       Section 641 of title 18, United States Code, is amended by 
     striking ``ten years'' and inserting ``15 years''.

     SEC. 7. PENALTY FOR SECTION 201(B) VIOLATIONS.

       Section 201(b) of title 18, United States Code, is amended 
     by striking ``fifteen years'' and inserting ``20 years''.

     SEC. 8. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC 
                   CORRUPTION RELATED OFFENSES.

       (a) Solicitation of Political Contributions.--Section 
     602(a) of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``10 years''.
       (b) Promise of Employment for Political Activity.--Section 
     600 of title 18, United States Code, is amended by striking 
     ``one year'' and inserting ``10 years''.
       (c) Deprivation of Employment for Political Activity.--
     Section 601(a) of title 18, United States Code, is amended by 
     striking ``one year'' and inserting ``10 years''.
       (d) Intimidation To Secure Political Contributions.--
     Section 606 of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``10 years''.
       (e) Solicitation and Acceptance of Contributions in Federal 
     Offices.--Section 607(a)(2) of title 18, United States Code, 
     is amended by striking ``3 years'' and inserting ``10 
     years''.
       (f) Coercion of Political Activity by Federal Employees.--
     Section 610 of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``10 years''.

     SEC. 9. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC 
                   MONEY OFFENSE.

       Section 641 of title 18, United States Code, is amended by 
     inserting ``the District of Columbia or'' before ``the United 
     States'' each place that term appears.

     SEC. 10. ADDITIONAL RICO PREDICATES.

       (a) In General.--Section 1961(1) of title 18, United States 
     Code, is amended--
       (1) by inserting ``section 641 (relating to embezzlement or 
     theft of public money, property, or records),'' after ``473 
     (relating to counterfeiting),''; and
       (2) by inserting ``section 666 (relating to theft or 
     bribery concerning programs receiving Federal funds),'' after 
     ``section 664 (relating to embezzlement from pension and 
     welfare funds),''.
       (b) Conforming Amendments.--Section 1956(c)(7)(D) of title 
     18, United States Code, is amended--

[[Page 97]]

       (1) by striking ``section 641 (relating to public money, 
     property, or records),''; and
       (2) by striking ``section 666 (relating to theft or bribery 
     concerning programs receiving Federal funds),''.

     SEC. 11. ADDITIONAL WIRETAP PREDICATES.

       Section 2516(1)(c) of title 18, United States Code, is 
     amended by inserting ``section 641 (relating to embezzlement 
     or theft of public money, property, or records), section 666 
     (relating to theft or bribery concerning programs receiving 
     Federal funds),'' after ``section 224 (bribery in sporting 
     contests),''.

     SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

       Section 201(c)(1) of title 18, United States Code, is 
     amended--
       (1) by striking the matter before subparagraph (A) and 
     inserting ``otherwise than as provided by law for the proper 
     discharge of official duty, or by rule or regulation--'';
       (2) in subparagraph (A), by inserting after ``, or person 
     selected to be a public official,'' the following: ``for or 
     because of the official's or person's official position, or 
     for or because of any official act performed or to be 
     performed by such public official, former public official, or 
     person selected to be a public official''; and
       (3) in subparagraph (B), by striking all after ``, anything 
     of value personally,'' and inserting ``for or because of the 
     official's or person's official position, or for or because 
     of any official act performed or to be performed by such 
     official or person;''.

     SEC. 13. CLARIFICATION OF DEFINITION OF OFFICIAL ACT.

       Section 201(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3) the term `official act' means any action within the 
     range of official duty, and any decision or action on any 
     question, matter, cause, suit, proceeding or controversy, 
     which may at any time be pending, or which may by law be 
     brought before any public official, in such public official's 
     official capacity or in such official's place of trust or 
     profit. An official act can be a single act, more than one 
     act, or a course of conduct.''.

     SEC. 14. CLARIFICATION OF COURSE OF CONDUCT BRIBERY.

       Section 201 of title 18, United States Code, is amended--
       (1) in subsection (b), by striking ``anything of value'' 
     each place it appears and inserting ``any thing or things of 
     value''; and
       (2) in subsection (c), by striking ``anything of value'' 
     each place it appears and inserting ``any thing or things of 
     value''.

     SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF 
                   JUSTICE PROCEEDINGS.

       (a) In General.--Section 1512(i) of title 18, United States 
     Code, is amended by striking ``A prosecution under this 
     section or section 1503'' and inserting ``A prosecution under 
     this chapter''.
       (b) Perjury.--
       (1) In general.--Chapter 79 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1624. Venue

       ``A prosecution under this chapter may be brought in the 
     district in which the oath, declaration, certificate, 
     verification, or statement under penalty of perjury is made 
     or in which a proceeding takes place in connection with the 
     oath, declaration, certificate, verification, or 
     statement.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 79 of title 18, United States Code, is 
     amended by adding at the end the following:

``1624. Venue.''.

     SEC. 16. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO 
                   INVESTIGATE AND PROSECUTE PUBLIC CORRUPTION 
                   OFFENSES.

       There are authorized to be appropriated to the Offices of 
     the Inspectors General and the Department of Justice, 
     including the United States Attorneys' Offices, the Federal 
     Bureau of Investigation, and the Public Integrity Section of 
     the Criminal Division, $25,000,000 for each of the fiscal 
     years 2009, 2010, 2011, and 2012, to increase the number of 
     personnel to investigate and prosecute public corruption 
     offenses including sections 201, 203 through 209, 641, 654, 
     666, 1001, 1341, 1343, 1346, and 1951 of title 18, United 
     States Code.

     SEC. 17. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO 
                   CERTAIN CRIMES.

       (a) Directive to Sentencing Commission.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, and in accordance with this section, the United States 
     Sentencing Commission shall review and amend its guidelines 
     and its policy statements applicable to persons convicted of 
     an offense under sections 201, 641, and 666 of title 18, 
     United States Code, in order to reflect the intent of 
     Congress that such penalties be increased in comparison to 
     those currently provided by the guidelines and policy 
     statements.
       (b) Requirements.--In carrying out this section, the 
     Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect Congress' intent that the guidelines and 
     policy statements reflect the serious nature of the offenses 
     described in subsection (a), the incidence of such offenses, 
     and the need for an effective deterrent and appropriate 
     punishment to prevent such offenses;
       (2) consider the extent to which the guidelines may or may 
     not appropriately account for--
       (A) the potential and actual harm to the public and the 
     amount of any loss resulting from the offense;
       (B) the level of sophistication and planning involved in 
     the offense;
       (C) whether the offense was committed for purposes of 
     commercial advantage or private financial benefit;
       (D) whether the defendant acted with intent to cause either 
     physical or property harm in committing the offense;
       (E) the extent to which the offense represented an abuse of 
     trust by the offender and was committed in a manner that 
     undermined public confidence in the Federal, State, or local 
     government; and
       (F) whether the violation was intended to or had the effect 
     of creating a threat to public health or safety, injury to 
     any person or even death;
       (3) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines;
       (4) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges;
       (5) make any necessary conforming changes to the sentencing 
     guidelines; and
       (6) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.
                                 ______
                                 
      By Mr. INOUYE:
  S. 50. A bill to amend chapter 81 of title 5, United States Code, to 
authorize the use of clinical social workers to conduct evaluations to 
determine work-related emotional and mental illnesses; to the Committee 
on Homeland Security and Governmental Affairs.
  Mr. INOUYE. Mr. President, today I introduce the Clinical Social 
Workers' Recognition Act to correct a continuing problem in the Federal 
Employees Compensation Act. This bill will also provide clinical social 
workers the recognition they deserve as independent providers of 
quality mental health care services.
  Clinical social workers are authorized to independently diagnose and 
treat mental illnesses through public and private health insurance 
plans across the Nation. However, Title V of the United States Code, 
does not permit the use of mental health evaluations conducted by 
clinical social workers for use as evidence in determining workers' 
compensation claims brought by Federal employees. The bill I am 
introducing corrects this problem.
  It is a sad irony that Federal employees may select a clinical social 
worker through their health plans to provide mental health services, 
but may not go to this same professional for workers' compensation 
evaluations. The failure to recognize the validity of evaluations 
provided by clinical social workers unnecessarily limits Federal 
employees' selection of a provider to conduct the workers' compensation 
mental health evaluations. Lack of this recognition may well impose an 
undue burden on federal employees where clinical social workers are the 
only available providers of mental health care.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 50

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Clinical Social Workers' 
     Recognition Act of 2009''.

     SEC. 2. EXAMINATIONS BY CLINICAL SOCIAL WORKERS FOR FEDERAL 
                   WORKER COMPENSATION CLAIMS.

       Section 8101 of title 5, United States Code, is amended--
       (1) in paragraph (2), by striking ``and osteopathic 
     practitioners'' and inserting ``osteopathic practitioners, 
     and clinical social workers''; and
       (2) in paragraph (3), by striking ``osteopathic 
     practitioners'' and inserting ``osteopathic practitioners, 
     clinical social workers,''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 51. A bill to amend title 10, United States Code, to recognize the 
United States Military Cancer Institute as an establishment within the 
Uniformed Services University of the Health Sciences, to require the 
Institute to promote the health of members of the Armed Forces and 
their dependents by

[[Page 98]]

enhancing cancer research and treatment, to provide for a study of the 
epidemiological causes of cancer among various ethnic groups for cancer 
prevention and early detection efforts, and for other purposes; to the 
Committee on Armed Services.
  Mr. INOUYE. Mr. President, today, I am, again, introducing the United 
States Military Cancer Institute Research Collaborative Act. This 
legislation, twice passed by the Senate yet unsuccessful in the House, 
would formally establish the United States Military Cancer Institute, 
USMCI, and support the collaborative augmentation of research efforts 
in cancer epidemiology, prevention and control. Although the USMCI 
already exists as an informal collaborative effort, this bill will 
formally establish the institution with a mission of providing for the 
maintenance of health in the military by enhancing cancer research and 
treatment, and studying the epidemiological causes of cancer among 
various ethnic groups. By formally establishing the USMCI, it will be 
in a better position to unite military research efforts with other 
cancer research centers.
  Cancer prevention, early detection, and treatment are significant 
issues for the military population, thus the USMCI was organized to 
coordinate the existing military cancer assets. The USMCI has a 
comprehensive database of its beneficiary population of 9 million 
people. The military's nationwide tumor registry, the Automated Central 
Tumor Registry, has acquired more than 180,000 cases in the last 14 
years, and a serum repository of 30 million specimens from military 
personnel collected sequentially since 1987. This population is 
predominantly Caucasian, African-American, and Hispanic.
  The USMCI currently resides in the Washington, D.C., area, and its 
components are located at the National Naval Medical Center, the 
Malcolm Grow Medical Center, the Armed Forces Institute of Pathology, 
and the Armed Forces Radiobiology Research Institute. There are more 
than 70 research workers, both active duty and Department of Defense 
civilian scientists, working in the USMCI.
  The Director of the USMCI, Dr. John Potter, intends to expand 
research activities to military medical centers across the Nation. 
Special emphasis will be placed on the study of genetic and 
environmental factors in carcinogenesis among the entire population, 
including Asian, Caucasian, African-American and Hispanic 
subpopulations.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 51

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. THE UNITED STATES MILITARY CANCER INSTITUTE.

       (a) Establishment.--Chapter 104 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2118. United States Military Cancer Institute

       ``(a) Establishment.--(1) There is a United States Military 
     Cancer Institute in the University. The Director of the 
     United States Military Cancer Institute is the head of the 
     Institute.
       ``(2) The Institute is composed of clinical and basic 
     scientists in the Department of Defense who have an expertise 
     in research, patient care, and education relating to oncology 
     and who meet applicable criteria for participation in the 
     Institute.
       ``(3) The components of the Institute include military 
     treatment and research facilities that meet applicable 
     criteria and are designated as affiliates of the Institute.
       ``(b) Research.--(1) The Director of the United States 
     Military Cancer Institute shall carry out research studies on 
     the following:
       ``(A) The epidemiological features of cancer, including 
     assessments of the carcinogenic effect of genetic and 
     environmental factors, and of disparities in health, inherent 
     or common among populations of various ethnic origins.
       ``(B) The prevention and early detection of cancer.
       ``(C) Basic, translational, and clinical investigation 
     matters relating to the matters described in subparagraphs 
     (A) and (B).
       ``(2) The research studies under paragraph (1) shall 
     include complementary research on oncologic nursing.
       ``(c) Collaborative Research.--The Director of the United 
     States Military Cancer Institute shall carry out the research 
     studies under subsection (b) in collaboration with other 
     cancer research organizations and entities selected by the 
     Institute for purposes of the research studies.
       ``(d) Annual Report.--(1) Promptly after the end of each 
     fiscal year, the Director of the United States Military 
     Cancer Institute shall submit to the President of the 
     University a report on the results of the research studies 
     carried out under subsection (b).
       ``(2) Not later than 60 days after receiving the annual 
     report under paragraph (1), the President of the University 
     shall transmit such report to the Secretary of Defense and to 
     Congress.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 104 of such title is amended by adding 
     at the end the following new item:

``2118. United States Military Cancer Institute.''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 52. A bill to amend title XIX of the Social Security Act to 
provide 100 percent reimbursement for medical assistance provided to a 
Native Hawaiian through a Federally qualified health center or a Native 
Hawaiian health care system; to the Committee on Finance.
  Mr. INOUYE. Mr. President, today I am reintroducing the Native 
Hawaiian Medicaid Coverage Act. This legislation would authorize a 
Federal Medicaid Assistance Percent, FMAP, of 100 percent for the 
payment of health care costs of Native Hawaiians who receive health 
care from Federally Qualified Health Centers or the Native Hawaiian 
Health Care System.
  This bill is modeled on the Native Alaskan Health Care Act, which 
provides for a Federal Medicaid Assistance Percent of 100 percent for 
payment of health care costs for Native Alaskans by the Indian Health 
Service, an Indian tribe, or a tribal organization.
  Community health centers serve as the ``safety net'' for uninsured 
and medically underserved Native Hawaiians and other United States 
citizens, providing comprehensive primary and preventive health 
services to the entire community. Outpatient services offered to the 
entire family include comprehensive primary care, preventive health 
maintenance, and education outreach in the local community. Community 
health centers, with their multidisciplinary approach, offer cost 
effective integration of health promotion and wellness with chronic 
disease management and primary care focused on serving vulnerable 
populations.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 52

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native Hawaiian Medicaid 
     Coverage Act of 2009''.

     SEC. 2. 100 PERCENT FMAP FOR MEDICAL ASSISTANCE PROVIDED TO A 
                   NATIVE HAWAIIAN THROUGH A FEDERALLY-QUALIFIED 
                   HEALTH CENTER OR A NATIVE HAWAIIAN HEALTH CARE 
                   SYSTEM UNDER THE MEDICAID PROGRAM.

       (a) Medicaid.--The third sentence of section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b)) is amended by 
     inserting ``, and with respect to medical assistance provided 
     to a Native Hawaiian (as defined in section 12 of the Native 
     Hawaiian Health Care Improvement Act) through a Federally-
     qualified health center or a Native Hawaiian health care 
     system (as so defined) whether directly, by referral, or 
     under contract or other arrangement between a Federally-
     qualified health center or a Native Hawaiian health care 
     system and another health care provider'' before the period.
       (b) Effective Date.--The amendment made by this section 
     applies to medical assistance provided on or after the date 
     of enactment of this Act.
                                 ______
                                 
      By Mr. INOUYE:
  S. 53. A bill to amend title XIX of the Social Security Act to 
provide for coverage of services provided by nursing school clinics 
under State Medicaid programs; to the Committee on Finance.
  Mr. INOUYE. Mr. President, today I am, again, introducing the Nursing 
School Clinics Act. This measure builds on our concerted efforts to 
provide access to quality health care for all Americans by offering 
grants and

[[Page 99]]

incentives for nursing schools to establish primary care clinics in 
underserved areas where additional medical services are most needed. In 
addition, this measure provides the opportunity for nursing schools to 
enhance the scope of student training and education by providing 
firsthand clinical experience in primary care facilities.
  Primary care clinics administered by nursing schools are university 
of nonprofit primary care centers developed mainly in collaboration 
with university schools of nursing and the communities they serve. 
These centers are staffed by faculty and staff who are nurse 
practitioners and public health nurses. Students supplement patient 
care while receiving preceptorships provided by college of nursing 
faculty and primary care physicians, often associated with academic 
institutions, who serve as collaborators with nurse practitioners. To 
date, the comprehensive models of care provided by nursing clinics have 
yielded excellent results, including significantly fewer emergency room 
visits, fewer hospital inpatient days, and less use of specialists, as 
compared to conventional primary health care.
  The bill reinforces the principle of combining health care delivery 
in underserved areas with the education of advanced practice nurses. To 
accomplish these objectives, Title XIX of the Social Security Act would 
be amended to designate that the services provided in these nursing 
school clinics are reimbursable under Medicaid. The combination of 
grants and the provision of Medicaid reimbursement furnishes the 
financial incentives for clinic operators to establish the clinics.
  In order to meet the increasing challenges of bringing cost-effective 
and quality health care to all Americans, we must consider a wide range 
of proposals, both large and small. Most importantly, we must approach 
the issue of health care with creativity and determination, ensuring 
that all reasonable avenues are pursued. Nurses have always been an 
integral part of health care delivery. The Nursing School Clinics Act 
recognizes the central role nurses can perform as care givers to the 
medically underserved.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 53

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nursing School Clinics Act 
     of 2009''.

     SEC. 2. MEDICAID COVERAGE OF SERVICES PROVIDED BY NURSING 
                   SCHOOL CLINICS.

       (a) In General.--Section 1905(a) of the Social Security Act 
     (42 U.S.C. 1396d(a)) is amended--
       (1) in paragraph (27), by striking ``and'' at the end;
       (2) by redesignating paragraph (28) as paragraph (29); and
       (3) by inserting after paragraph (27), the following new 
     paragraph:
       ``(28) nursing school clinic services (as defined in 
     subsection (y)) furnished by or under the supervision of a 
     nurse practitioner or a clinical nurse specialist (as defined 
     in section 1861(aa)(5)), whether or not the nurse 
     practitioner or clinical nurse specialist is under the 
     supervision of, or associated with, a physician or other 
     health care provider; and''.
       (b) Nursing School Clinic Services Defined.--Section 1905 
     of the Social Security Act (42 U.S.C. 1396d) is amended by 
     adding at the end the following new subsection:
       ``(y) The term `nursing school clinic services' means 
     services provided by a health care facility operated by an 
     accredited school of nursing which provides primary care, 
     long-term care, mental health counseling, home health 
     counseling, home health care, or other health care services 
     which are within the scope of practice of a registered 
     nurse.''.
       (c) Conforming Amendment.--Section 1902(a)(10)(C)(iv) of 
     the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is 
     amended by inserting ``and (28)'' after ``(24)''.
       (d) Effective Date.--The amendments made by this section 
     shall be effective with respect to payments made under a 
     State plan under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) for calendar quarters commencing with 
     the first calendar quarter beginning after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. INOUYE:
  S. 54. A bill to amend title XVIII of the Social Security Act to 
provide for patient protection by establishing minimum nurse staffing 
ratios at certain Medicare providers, and for other purposes; to the 
Committee on Finance.
  Mr. INOUYE. Mr. President, today I am, again, reintroducing the 
Registered Nurse Safe Staffing Act. For over four decades I have been a 
committed supporter of nurses and the delivery of safe patient care. 
While enforceable regulations will help to ensure patient safety, the 
complexity and variability of today's hospitals require that staffing 
patters be determined at the hospital and unit level, with the 
professional input of registered nurses. More than a decade of research 
demonstrates that nurse staff levels and the skill mix of nursing staff 
directly affect the clinical outcomes of hospitalized patients. Studies 
show that when there are more registered nurses, there are lower 
mortality rates, shorter lengths of stay, reduced costs, and fewer 
complications.
  A study published in the Journal of the American Medical Association 
found that the risks of patient mortality rose by 7 percent for every 
additional patient added to the average nurse's workload. In the midst 
of a nursing shortage and increasing financial pressures, hospitals 
often find it difficult to maintain adequate staffing. While nursing 
research indicates that adequate registered nurse staffing is vital to 
the health and safety of patients, there is no standardized public 
reporting mechanism, nor enforcement of adequate staffing plans. The 
only regulations addressing nursing staff exists vaguely in Medicare 
Conditions of Participation which states: ``The nursing service must 
have an adequate number of licensed registered nurses, licensed 
practice, vocational, nurses, and other personnel to provide nursing 
care to all patients as needed''.
  This bill will require Medicare Participating Hospitals to develop 
and maintain reliable and valid systems to determine sufficient 
registered nurse staffing. Given the demands that the healthcare 
industry faces today, it is our responsibility to ensure that patients 
have access to adequate nursing care. However, we must ensure that the 
decisions by which care is provided are made by the clinical experts, 
the registered nurses caring for these patients. Support of this bill 
supports our Nation's nurses during a critical shortage, but more 
importantly, works to ensure the safety of their patients.
  Mr. President. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 54

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Registered Nurse Safe 
     Staffing Act of 2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) There are hospitals throughout the United States that 
     have inadequate staffing of registered nurses to protect the 
     well-being and health of the patients.
       (2) Studies show that the health of patients in hospitals 
     is directly proportionate to the number of registered nurses 
     working in the hospital.
       (3) There is a critical shortage of registered nurses in 
     the United States.
       (4) The effect of that shortage is revealed in unsafe 
     staffing levels in hospitals.
       (5) Patient safety is adversely affected by these unsafe 
     staffing levels, creating a public health crisis.
       (6) Registered nurses are being required to perform 
     professional services under conditions that do not support 
     quality health care or a healthful work environment for 
     registered nurses.
       (7) As a payer for inpatient and outpatient hospital 
     services for individuals entitled to benefits under the 
     Medicare program established under title XVIII of the Social 
     Security Act, the Federal Government has a compelling 
     interest in promoting the safety of such individuals by 
     requiring any hospital participating in such program to 
     establish minimum safe staffing levels for registered nurses.

     SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING RATIOS BY MEDICARE 
                   PARTICIPATING HOSPITALS.

       (a) Requirement of Medicare Provider Agreement.--Section 
     1866(a)(1) of the Social Security Act (42 U.S.C. 
     1395cc(a)(1)) is amended--

[[Page 100]]

       (1) in subparagraph (U), by striking ``and'' at the end;
       (2) in subparagraph (V), by striking the period at the end 
     and inserting ``, and''; and
       (3) by inserting after subparagraph (V) the following new 
     subparagraph:
       ``(W) in the case of a hospital, to meet the requirements 
     of section 1899.''.
       (b) Requirements.--Title XVIII of the Social Security Act 
     is amended by inserting after section 1889 the following new 
     section:


      ``staffing requirements for medicare participating hospitals

       ``Sec. 1899.  (a) Establishment of Staffing System.--
       ``(1) In general.--Each participating hospital shall adopt 
     and implement a staffing system that ensures a number of 
     registered nurses on each shift and in each unit of the 
     hospital to ensure appropriate staffing levels for patient 
     care.
       ``(2) Staffing system requirements.--Subject to paragraph 
     (3), a staffing system adopted and implemented under this 
     section shall--
       ``(A) be based upon input from the direct care-giving 
     registered nurse staff or their exclusive representatives, as 
     well as the chief nurse executive;
       ``(B) be based upon the number of patients and the level 
     and variability of intensity of care to be provided, with 
     appropriate consideration given to admissions, discharges, 
     and transfers during each shift;
       ``(C) account for contextual issues affecting staffing and 
     the delivery of care, including architecture and geography of 
     the environment and available technology;
       ``(D) reflect the level of preparation and experience of 
     those providing care;
       ``(E) account for staffing level effectiveness or 
     deficiencies in related health care classifications, 
     including but not limited to, certified nurse assistants, 
     licensed vocational nurses, licensed psychiatric technicians, 
     nursing assistants, aides, and orderlies;
       ``(F) reflect staffing levels recommended by specialty 
     nursing organizations;
       ``(G) establish upwardly adjustable registered nurse-to-
     patient ratios based upon registered nurses' assessment of 
     patient acuity and existing conditions;
       ``(H) provide that a registered nurse shall not be assigned 
     to work in a particular unit without first having established 
     the ability to provide professional care in such unit; and
       ``(I) be based on methods that assure validity and 
     reliability.
       ``(3) Limitation.--A staffing system adopted and 
     implemented under paragraph (1) may not--
       ``(A) set registered-nurse levels below those required by 
     any Federal or State law or regulation; or
       ``(B) utilize any minimum registered nurse-to-patient ratio 
     established pursuant to paragraph (2)(G) as an upper limit on 
     the staffing of the hospital to which such ratio applies.
       ``(b) Reporting, and Release to Public, of Certain Staffing 
     Information.--
       ``(1) Requirements for hospitals.--Each participating 
     hospital shall--
       ``(A) post daily for each shift, in a clearly visible 
     place, a document that specifies in a uniform manner (as 
     prescribed by the Secretary) the current number of licensed 
     and unlicensed nursing staff directly responsible for patient 
     care in each unit of the hospital, identifying specifically 
     the number of registered nurses;
       ``(B) upon request, make available to the public--
       ``(i) the nursing staff information described in 
     subparagraph (A); and
       ``(ii) a detailed written description of the staffing 
     system established by the hospital pursuant to subsection 
     (a); and
       ``(C) submit to the Secretary in a uniform manner (as 
     prescribed by the Secretary) the nursing staff information 
     described in subparagraph (A) through electronic data 
     submission not less frequently than quarterly.
       ``(2) Secretarial responsibilities.--The Secretary shall--
       ``(A) make the information submitted pursuant to paragraph 
     (1)(C) publicly available, including by publication of such 
     information on the Internet website of the Department of 
     Health and Human Services; and
       ``(B) provide for the auditing of such information for 
     accuracy as a part of the process of determining whether an 
     institution is a hospital for purposes of this title.
       ``(c) Recordkeeping; Data Collection; Evaluation.--
       ``(1) Recordkeeping.--Each participating hospital shall 
     maintain for a period of at least 3 years (or, if longer, 
     until the conclusion of pending enforcement activities) such 
     records as the Secretary deems necessary to determine whether 
     the hospital has adopted and implemented a staffing system 
     pursuant to subsection (a).
       ``(2) Data collection on certain outcomes.--The Secretary 
     shall require the collection, maintenance, and submission of 
     data by each participating hospital sufficient to establish 
     the link between the staffing system established pursuant to 
     subsection (a) and--
       ``(A) patient acuity from maintenance of acuity data 
     through entries on patients' charts;
       ``(B) patient outcomes that are nursing sensitive, such as 
     patient falls, adverse drug events, injuries to patients, 
     skin breakdown, pneumonia, infection rates, upper 
     gastrointestinal bleeding, shock, cardiac arrest, length of 
     stay, and patient readmissions;
       ``(C) operational outcomes, such as work-related injury or 
     illness, vacancy and turnover rates, nursing care hours per 
     patient day, on-call use, overtime rates, and needle-stick 
     injuries; and
       ``(D) patient complaints related to staffing levels.
       ``(3) Evaluation.--Each participating hospital shall 
     annually evaluate its staffing system and establish minimum 
     registered nurse staffing ratios to assure ongoing 
     reliability and validity of the system and ratios. The 
     evaluation shall be conducted by a joint management-staff 
     committee comprised of at least 50 percent of registered 
     nurses who provide direct patient care.
       ``(d) Enforcement.--
       ``(1) Responsibility.--The Secretary shall enforce the 
     requirements and prohibitions of this section in accordance 
     with the succeeding provisions of this subsection.
       ``(2) Procedures for receiving and investigating 
     complaints.--The Secretary shall establish procedures under 
     which--
       ``(A) any person may file a complaint that a participating 
     hospital has violated a requirement or a prohibition of this 
     section; and
       ``(B) such complaints are investigated by the Secretary.
       ``(3) Remedies.--If the Secretary determines that a 
     participating hospital has violated a requirement of this 
     section, the Secretary--
       ``(A) shall require the facility to establish a corrective 
     action plan to prevent the recurrence of such violation; and
       ``(B) may impose civil money penalties under paragraph (4).
       ``(4) Civil money penalties.--
       ``(A) In general.--In addition to any other penalties 
     prescribed by law, the Secretary may impose a civil money 
     penalty of not more than $10,000 for each knowing violation 
     of a requirement of this section, except that the Secretary 
     shall impose a civil money penalty of more than $10,000 for 
     each such violation in the case of a participating hospital 
     that the Secretary determines has a pattern or practice of 
     such violations (with the amount of such additional penalties 
     being determined in accordance with a schedule or methodology 
     specified in regulations).
       ``(B) Procedures.--The provisions of section 1128A (other 
     than subsections (a) and (b)) shall apply to a civil money 
     penalty under this paragraph in the same manner as such 
     provisions apply to a penalty or proceeding under section 
     1128A.
       ``(C) Public notice of violations.--
       ``(i) Internet website.--The Secretary shall publish on the 
     Internet website of the Department of Health and Human 
     Services the names of participating hospitals on which civil 
     money penalties have been imposed under this section, the 
     violation for which the penalty was imposed, and such 
     additional information as the Secretary determines 
     appropriate.
       ``(ii) Change of ownership.--With respect to a 
     participating hospital that had a change in ownership, as 
     determined by the Secretary, penalties imposed on the 
     hospital while under previous ownership shall no longer be 
     published by the Secretary of such Internet website after the 
     1-year period beginning on the date of change in ownership.
       ``(e) Whistleblower Protections.--
       ``(1) Prohibition of discrimination and retaliation.--A 
     participating hospital shall not discriminate or retaliate in 
     any manner against any patient or employee of the hospital 
     because that patient or employee, or any other person, has 
     presented a grievance or complaint, or has initiated or 
     cooperated in any investigation or proceeding of any kind, 
     relating to the staffing system or other requirements and 
     prohibitions of this section.
       ``(2) Relief for prevailing employees.--An employee of a 
     participating hospital who has been discriminated or 
     retaliated against in employment in violation of this 
     subsection may initiate judicial action in a United States 
     district court and shall be entitled to reinstatement, 
     reimbursement for lost wages, and work benefits caused by the 
     unlawful acts of the employing hospital. Prevailing employees 
     are entitled to reasonable attorney's fees and costs 
     associated with pursuing the case.
       ``(3) Relief for prevailing patients.--A patient who has 
     been discriminated or retaliated against in violation of this 
     subsection may initiate judicial action in a United States 
     district court. A prevailing patient shall be entitled to 
     liquidated damages of $5,000 for a violation of this statute 
     in addition to any other damages under other applicable 
     statutes, regulations, or common law. Prevailing patients are 
     entitled to reasonable attorney's fees and costs associated 
     with pursuing the case.
       ``(4) Limitation on actions.--No action may be brought 
     under paragraph (2) or (3) more than 2 years after the 
     discrimination or retaliation with respect to which the 
     action is brought.
       ``(5) Treatment of adverse employment actions.--For 
     purposes of this subsection--

[[Page 101]]

       ``(A) an adverse employment action shall be treated as 
     retaliation or discrimination; and
       ``(B) the term `adverse employment action' includes--
       ``(i) the failure to promote an individual or provide any 
     other employment-related benefit for which the individual 
     would otherwise be eligible;
       ``(ii) an adverse evaluation or decision made in relation 
     to accreditation, certification, credentialing, or licensing 
     of the individual; and
       ``(iii) a personnel action that is adverse to the 
     individual concerned.
       ``(f) Relationship to State Laws.--Nothing in this section 
     shall be construed as exempting or relieving any person from 
     any liability, duty, penalty, or punishment provided by any 
     present or future law of any State or political subdivision 
     of a State, other than any such law which purports to require 
     or permit the doing of any act which would be an unlawful 
     practice under this title.
       ``(g) Relationship To Conduct Prohibited Under the National 
     Labor Relations Act or Other Collective Bargaining Laws.--
     Nothing in this section shall be construed as permitting 
     conduct prohibited under the National Labor Relations Act or 
     under any other Federal, State, or local collective 
     bargaining law.
       ``(h) Regulations.--The Secretary shall promulgate such 
     regulations as are appropriate and necessary to implement 
     this section.
       ``(i) Definitions.--In this section:
       ``(1) Participating hospital.--The term `participating 
     hospital' means a hospital that has entered into a provider 
     agreement under section 1866.
       ``(2) Registered nurse.--The term `registered nurse' means 
     an individual who has been granted a license to practice as a 
     registered nurse in at least 1 State.
       ``(3) Unit.--The term `unit' of a hospital is an 
     organizational department or separate geographic area of a 
     hospital, such as a burn unit, a labor and delivery room, a 
     post-anesthesia service area, an emergency department, an 
     operating room, a pediatric unit, a stepdown or intermediate 
     care unit, a specialty care unit, a telemetry unit, a general 
     medical care unit, a subacute care unit, and a transitional 
     inpatient care unit.
       ``(4) Shift.--The term `shift' means a scheduled set of 
     hours or duty period to be worked at a participating 
     hospital.
       ``(5) Person.--The term `person' means 1 or more 
     individuals, associations, corporations, unincorporated 
     organizations, or labor unions.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2010.
                                 ______
                                 
      By Mr. INOUYE:
  S. 55. A bill to amend the XVIII of the Social Security Act to 
provide improved reimbursement for clinical social worker services 
under the Medicare program; to the Committee on Finance.
  Mr. INOUYE. Mr. President, today I am, again, introducing legislation 
to amend title XVIII of the Social Security Act to correct 
discrepancies in the reimbursement of clinical social workers covered 
through Medicare, Part B. These three proposed changes contained in 
this legislation clarify the current payment process for clinical 
social workers and establish a reimbursement methodology for the 
profession that is similar to other health care professionals 
reimbursed through the Medicare program.
  First, this legislation sets payment for clinical social worker 
services according to a fee schedule established by the Secretary. 
Second, it explicitly states that services and supplies furnished by a 
clinical social worker are a covered Medicare expense, just as these 
services are covered for other mental health professionals in Medicare. 
Third, the bill allows clinical social workers to be reimbursed for 
services provided to a client who is hospitalized.
  Clinical social workers are valued members of our health care 
provider network. They are legally regulated in every state of the 
nation and are recognized as independent providers of mental health 
care throughout the health care system. It is time to correct the 
disparate reimbursement treatment of this profession under Medicare.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 55

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Equity for Clinical Social 
     Workers Act of 2009''.

     SEC. 2. IMPROVED REIMBURSEMENT FOR CLINICAL SOCIAL WORKER 
                   SERVICES UNDER MEDICARE.

       (a) In General.--Section 1833(a)(1)(F)(ii) of the Social 
     Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is amended to 
     read as follows: ``(ii) the amount determined by a fee 
     schedule established by the Secretary,''.
       (b) Definition of Clinical Social Worker Services 
     Expanded.--Section 1861(hh)(2) of the Social Security Act (42 
     U.S.C. 1395x(hh)(2)) is amended by striking ``services 
     performed by a clinical social worker (as defined in 
     paragraph (1))'' and inserting ``such services and such 
     services and supplies furnished as an incident to such 
     services performed by a clinical social worker (as defined in 
     paragraph (1))''.
       (c) Clinical Social Worker Services Not To Be Included in 
     Inpatient Hospital Services.--Section 1861(b)(4) of the 
     Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by 
     striking ``and services'' and inserting ``clinical social 
     worker services, and services''.
       (d) Treatment of Services Furnished in Inpatient Setting.--
     Section 1832(a)(2)(B)(iii) of the Social Security Act (42 
     U.S.C. 1395k(a)(2)(B)(iii)) is amended--
       (1) by striking ``and services'' and inserting ``clinical 
     social worker services, and services''; and
       (2) by adding ``and'' at the end.
       (e) Effective Date.--The amendments made by this section 
     shall apply to payments made for clinical social worker 
     services furnished on or after January 1, 2010.
                                 ______
                                 
      By Mr. INOUYE:
  S. 56. A bill to amend the XVIII of the Social Security Act to remove 
the restriction that a clinical psychologist or clinical social worker 
provide services in a comprehensive outpatient rehabilitation facility 
to a patient only under the care of a physician; to the Committee on 
Finance.
  Mr. INOUYE. Mr. President, today I again introduce legislation to 
authorize the autonomous functioning of clinical psychologists and 
clinical social workers within the Medicare comprehensive outpatient 
rehabilitation facility program.
  In my judgment, it is unfortunate that Medicare requires clinical 
supervision of the services provided by certain health professionals 
and does not allow them to function to the full extent of their State 
practice licenses. Those who need the services of outpatient 
rehabilitation facilities should have access to a wide range of social 
and behavioral science expertise. Clinical psychologists and clinical 
social workers are recognized as independent providers of mental health 
care services under the Federal Employee Health Benefits Program, the 
TRICARE Military Health Program of the Uniformed Services, the Medicare 
(Part B) Program, and numerous private insurance plans. This 
legislation will ensure that these qualified professionals achieve the 
same recognition under the Medicare comprehensive outpatient 
rehabilitation facility program.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 56

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Autonomy for Psychologists 
     and Social Workers Act of 2009''.

     SEC. 2. REMOVAL OF RESTRICTION THAT A CLINICAL PSYCHOLOGIST 
                   OR CLINICAL SOCIAL WORKER PROVIDE SERVICES IN A 
                   COMPREHENSIVE OUTPATIENT REHABILITATION 
                   FACILITY TO A PATIENT ONLY UNDER THE CARE OF A 
                   PHYSICIAN.

       (a) In General.--Section 1861(cc)(2)(E) of the Social 
     Security Act (42 U.S.C. 1395x(cc)(2)(E)) is amended by 
     striking ``physician'' and inserting ``physician, except that 
     a patient receiving qualified psychologist services (as 
     defined in subsection (ii)) may be under the care of a 
     clinical psychologist with respect to such services to the 
     extent permitted under State law and except that a patient 
     receiving clinical social worker services (as defined in 
     subsection (hh)(2)) may be under the care of a clinical 
     social worker with respect to such services to the extent 
     permitted under State law''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to services provided on or after January 1, 2010.
                                 ______
                                 
      By Mr. INOUYE:
  S. 57. A bill to amend title VII of the Public Health Service Act to 
establish

[[Page 102]]

a psychology post-doctoral fellowship program, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. INOUYE. Mr. President, today, I am reintroducing legislation to 
amend Title VII of the Public Health Service Act to establish a 
psychology post-doctoral program. Psychologists have made a unique 
contribution in reaching out to the Nation's medically underserved 
populations. Expertise in behavioral science is useful in addressing 
grave concerns such as violence, addiction, mental illness, adolescent 
and child behavioral disorders, and family disruption. Establishment of 
a psychology post-doctoral program could be an effective way to find 
solutions to these issues.
  Similar programs supporting additional, specialized training in 
traditionally underserved settings have been successful in retaining 
participants to serve the same populations. For example, mental health 
professionals who have participated in these specialized federally 
funded programs have tended not only to meet their repayment 
obligations, but have continued to work in the public sector or with 
the underserved.
  While a doctorate in psychology provides broad-based knowledge and 
mastery in a wide variety of clinical skills, specialized post-doctoral 
fellowship programs help to develop particular diagnostic and treatment 
skills required to respond effectively to underserved populations. For 
example, what appears to be poor academic motivation in a child 
recently relocated from Southeast Asia might actually reflect a 
cultural value of reserve rather than a disinterest in academic 
learning. Specialized assessment skills enable the clinician to 
initiate effective treatment.
  Domestic violence poses a significant public health problem and is 
not just a problem for the criminal justice system. Violence against 
women results in thousands of hospitalizations a year. Rates of child 
and spouse abuse in rural areas are particularly high, as are the rates 
of alcohol abuse and depression in adolescents. A post-doctoral 
fellowship program in the psychology of the rural populations could be 
of special benefit in addressing these problems.
  Given the demonstrated success and effectiveness of specialized 
training programs, it is incumbent upon us to encourage participation 
in post-doctoral fellowships that respond to the needs of the Nation's 
underserved.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 57

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Psychologists in the Service 
     of the Public Act of 2009''.

     SEC. 2. GRANTS FOR FELLOWSHIPS IN PSYCHOLOGY.

       Part C of title VII of the Public Health Service Act (42 
     U.S.C. 293k et seq.) is amended by adding at the end the 
     following:

     ``SEC. 749. GRANTS FOR FELLOWSHIPS IN PSYCHOLOGY.

       ``(a) In General.--The Secretary shall establish a 
     psychology post-doctoral fellowship program to make grants to 
     and enter into contracts with eligible entities to encourage 
     the provision of psychological training and services in 
     underserved treatment areas.
       ``(b) Eligible Entities.--
       ``(1) Individuals.--In order to receive a grant under this 
     section an individual shall submit an application to the 
     Secretary at such time, in such form, and containing such 
     information as the Secretary shall require, including a 
     certification that such individual--
       ``(A) has received a doctoral degree through a graduate 
     program in psychology provided by an accredited institution 
     at the time such grant is awarded;
       ``(B) will provide services to a medically underserved 
     population during the period of such grant;
       ``(C) will comply with the provisions of subsection (c); 
     and
       ``(D) will provide any other information or assurances as 
     the Secretary determines appropriate.
       ``(2) Institutions.--In order to receive a grant or 
     contract under this section, an institution shall submit an 
     application to the Secretary at such time, in such form, and 
     containing such information as the Secretary shall require, 
     including a certification that such institution--
       ``(A) is an entity, approved by the State, that provides 
     psychological services in medically underserved areas or to 
     medically underserved populations (including entities that 
     care for the mentally retarded, mental health institutions, 
     and prisons);
       ``(B) will use amounts provided to such institution under 
     this section to provide financial assistance in the form of 
     fellowships to qualified individuals who meet the 
     requirements of subparagraphs (A) through (C) of paragraph 
     (1);
       ``(C) will not use more than 10 percent of amounts provided 
     under this section to pay for the administrative costs of any 
     fellowship programs established with such funds; and
       ``(D) will provide any other information or assurances as 
     the Secretary determines appropriate.
       ``(c) Continued Provision of Services.--Any individual who 
     receives a grant or fellowship under this section shall 
     certify to the Secretary that such individual will continue 
     to provide the type of services for which such grant or 
     fellowship is awarded for not less than 1 year after the term 
     of the grant or fellowship has expired.
       ``(d) Regulations.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall promulgate 
     regulations necessary to carry out this section, including 
     regulations that define the terms `medically underserved 
     areas' and `medically underserved populations'.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $5,000,000 for each of the fiscal years 2010 through 2012.''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 58. A bill to amend the Internal Revenue Code of 1986 to modify 
the application of the tonnage tax on vessels operating in the dual 
United States domestic and foreign trades, and for other purposes; to 
the Committee on Finance.
  Mr. INOUYE. Mr. Presdient, foreign registered ships now carry 97 
percent of the imports and exports moving in United States 
international trade. These foreign vessels are held to lower standards 
than United States registered ships, and are virtually untaxed. Their 
costs of operation are, therefore, lower than United States ship 
operating costs, which explains their 97 percent market share.
  Three years ago, in order to help level the playing field for United 
States-flag ships that compete in international trade, Congress 
enacted, under the American Jobs Creation Act of 2004, Public Law 108-
357, Subchapter R, a ``tonnage tax'' that is based on the tonnage of a 
vessel, rather than taxing international income at a 35 percent 
corporate income tax rate. However, during the House and Senate 
conference, language was included, which states that a United States 
vessel cannot use the tonnage tax on international income if that 
vessel also operates in United States domestic commerce for more than 
30 days per year.
  This 30-day limitation dramatically limits the availability of the 
tonnage tax for those United States ships that operate in both domestic 
and international trade and, accordingly, severely hinders their 
competitiveness in foreign commerce. It is important to recognize that 
ships operating in United States domestic trade already have 
significant cost disadvantages. Specifically, (1) they are built in 
higher priced United States shipyards; (2) do not receive Maritime 
Security Payments, even when operated in international trade; and (3) 
are owned by United States-based American corporations. The inability 
of these domestic operators to use the tonnage tax for their 
international service is a further, unnecessary burden on their 
competitive position in foreign commerce.
  When windows of opportunity present themselves in international 
trade, American tax policy and maritime policy should facilitate the 
participation of these American-built ships. Instead, the 30-day limit 
makes them ineligible to use the tonnage tax, and further handicaps 
American vessels when competing for international cargo. Denying the 
tonnage tax to coastwise qualified ships further stymies the operation 
of American built ships in international commerce, and further 
exacerbates America's 97 percent reliance on foreign ships to carry its 
international cargo.

[[Page 103]]

  These concerns were of sufficient importance that in December 2006 
Congress repealed the 30-day limit on domestic trading but only for 
approximately 50 ships operating in the Great Lakes. These ships 
primarily operate in domestic trade on the Great Lakes, but also carry 
cargo between the United States and Canada in international trade 
(Section 415 of P.L. 109-432, the Tax Relief and Health Care Act of 
2006.)
  The identifiable universe of remaining ships other than the Great 
Lakes ships that operate in domestic trade, but that may also operate 
temporarily in international trade, totals 13 United States flag 
vessels. These 13 ships normally operate in domestic trades that 
involve Washington, Oregon, California, Hawaii, Alaska, Florida, 
Mississippi, and Louisiana. In the interest of providing equity to the 
United States corporations that own and operate these 13 vessels, my 
bill would repeal the tonnage tax 30-day limit on domestic operations 
and enable these vessels to utilize the tonnage tax on their 
international income--so they receive the same treatment as other 
United States flag international operators. I stress that, under my 
bill, these ships will continue to pay the normal 35 percent United 
States corporate tax rate on their domestic income.
  Repeal of the tonnage tax's 30-day limit on domestic operations is a 
necessary step toward providing tax equity between United States flag 
and foreign flag vessels. I strongly urge the tax committees of the 
Congress to give this legislation their expedited consideration and 
approval.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 58

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MODIFICATION OF THE APPLICATION OF THE TONNAGE TAX 
                   ON VESSELS OPERATING IN THE DUAL UNITED STATES 
                   DOMESTIC AND FOREIGN TRADES.

       (a) In General.--Subsection (f) of section 1355 of the 
     Internal Revenue Code of 1986 (relating to definitions and 
     special rules) is amended to read as follows:
       ``(f) Effect of Operating a Qualifying Vessel in the Dual 
     United States Domestic and Foreign Trades.--For purposes of 
     this subchapter--
       ``(1) an electing corporation shall be treated as 
     continuing to use a qualifying vessel in the United States 
     foreign trade during any period of use in the United States 
     domestic trade, and
       ``(2) gross income from such United States domestic trade 
     shall not be excluded under section 1357(a), but shall not be 
     taken into account for purposes of section 1353(b)(1)(B) or 
     for purposes of section 1356 in connection with the 
     application of section 1357 or 1358.''.
       (b) Regulatory Authority for Allocation of Credits, Income, 
     and Deductions.--Section 1358 of the Internal Revenue Code of 
     1986 (relating to allocation of credits, income, and 
     deductions) is amended--
       (1) by striking ``in accordance with this subsection'' in 
     subsection (c) and inserting ``to the extent provided in such 
     regulations as may be prescribed by the Secretary'', and
       (2) by adding at the end the following new subsection:
       ``(d) Regulations.--The Secretary shall prescribe 
     regulations consistent with the provisions of this subchapter 
     for the purpose of allocating gross income, deductions, and 
     credits between or among qualifying shipping activities and 
     other activities of a taxpayer.''.
       (c) Conforming Amendments.--
       (1) Section 1355(a)(4) of the Internal Revenue Code of 1986 
     is amended by striking ``exclusively''.
       (2) Section 1355(b)(1)(B) of such Code is amended by 
     striking ``as a qualifying vessel'' and inserting ``in the 
     transportation of goods or passengers''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
       By Mr. INOUYE:
  S. 59. A bill to amend title VII of the Public Health Service Act to 
make certain graduate programs in professional psychology eligible to 
participate in various health professions loan programs; to the 
Committee on Health, Education, Labor, and Pensions.
   Mr. INOUYE. Mr. President, I rise again today to reintroduce 
legislation to modify Title VII of the U.S. Public Health Service Act 
in order to provide students enrolled in graduate psychology programs 
with the opportunity to participate in various health professions loan 
programs.
  Providing students enrolled in graduate psychology programs with 
eligibility for financial assistance in the form of loans, loan 
guarantees, and scholarships will facilitate a much-needed infusion of 
behavioral science expertise into our community of public health 
providers. There is a growing recognition of the valuable contribution 
being made by psychologists toward solving some of our Nation's most 
distressing problems.
  The participation of students from all backgrounds and clinical 
disciplines is vital to the success of health care training. The Title 
VII programs plays a significant role in providing financial support 
for the recruitment of minorities, women, and individuals from 
economically disadvantaged backgrounds. Minority therapists have an 
advantage in the provision of critical services to minority populations 
because often they can communicate with clients in their own language 
and cultural framework. Minority therapists are more likely to work in 
community settings where ethnic minority and economically disadvantaged 
individuals are most likely to seek care. It is critical that continued 
support be provided for the training of individuals who provide health 
care services to underserved communities.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 59

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthen the Public Health 
     Service Act''.

     SEC. 2. PARTICIPATION IN VARIOUS HEALTH PROFESSIONS LOAN 
                   PROGRAMS.

       (a) Loan Agreements.--Section 721 of the Public Health 
     Service Act (42 U.S.C. 292q) is amended--
       (1) in subsection (a), by inserting ``, or any public or 
     nonprofit school that offers a graduate program in 
     professional psychology'' after ``veterinary medicine'';
       (2) in subsection (b)(4), by inserting ``, or to a graduate 
     degree in professional psychology'' after ``or doctor of 
     veterinary medicine or an equivalent degree''; and
       (3) in subsection (c)(1), by inserting ``, or schools that 
     offer graduate programs in professional psychology'' after 
     ``veterinary medicine''.
       (b) Loan Provisions.--Section 722 of the Public Health 
     Service Act (42 U.S.C. 292r) is amended--
       (1) in subsection (b)(1), by inserting ``, or to a graduate 
     degree in professional psychology'' after ``or doctor of 
     veterinary medicine or an equivalent degree'';
       (2) in subsection (c), in the matter preceding paragraph 
     (1), by inserting ``, or at a school that offers a graduate 
     program in professional psychology'' after ``veterinary 
     medicine''; and
       (3) in subsection (k)--
       (A) in the matter preceding paragraph (1), by striking ``or 
     podiatry'' and inserting ``podiatry, or professional 
     psychology''; and
       (B) in paragraph (4), by striking ``or podiatric medicine'' 
     and inserting ``podiatric medicine, or professional 
     psychology''.

     SEC. 3. GENERAL PROVISIONS.

       (a) Health Professions Data.--Section 792(a) of the Public 
     Health Service Act (42 U.S.C. 295k(a)) is amended by striking 
     ``clinical'' and inserting ``professional''.
       (b) Prohibition Against Discrimination on Basis of Sex.--
     Section 794 of the Public Health Service Act (42 U.S.C. 295m) 
     is amended in the matter preceding paragraph (1) by striking 
     ``clinical'' and inserting ``professional''.
       (c) Definitions.--Section 799B(1)(B) of the Public Health 
     Service Act (42 U.S.C. 295p(1)(B)) is amended by striking 
     ``clinical'' each place the term appears and inserting 
     ``professional''.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Schumer, Ms. Snowe, and Mrs. 
        Boxer):
  S. 60. A bill to prohibit the sale and counterfeiting of Presidential 
inaugural tickets; to the Committee on Rules and Administration.
  Mrs. FEINSTEIN. Mr. President, I am pleased to join Senators Schumer, 
Snowe, and Boxer in introducing legislation to prohibit the selling and 
counterfeiting of tickets to the Presidential inaugural ceremony.
  The inauguration of the President of the United States is one of the 
most

[[Page 104]]

important rituals of our democracy, and the chance to witness this 
solemn event should not be bought and sold similar to tickets to a 
sporting event.
  This is a dignified and critical moment of transition in Government, 
a moment of which Americans have always been justifiably proud. It is, 
in fact, the major symbol of the real strength of our democracy--the 
peaceful transition from one elected President to the next.
  Tickets to the official Presidential inaugural ceremony are supposed 
to be free for the people: for the volunteers who gave up their 
weekends, walking miles door to door to encourage voters to turn out at 
the polls on election day, for members of the African-American 
community to see one of their own take the oath of office for the 
highest office in the land, for schoolchildren to witness history, and 
for the American public to watch this affirmation of our Constitution, 
this peaceful transition from one administration to another.
  This is going to be the major civic event of our time. Excitement is 
at an all time high, and every one of us has received more phone calls 
for tickets than we could possibly ever meet. People are desperate to 
become part of it, to touch it, to be around, to feel it, to listen to 
it, and they are coming from all over the country. We could have more 
than 1.5 million people descend on the Nation's Capital for this 
inauguration.
  Before I introduced a similar bill at the end of the last Congress, 
tickets to the Presidential inaugural were being offered for sale on 
the Internet for $5,000 apiece, with some going as high as $40,000 
each. To their credit, some Internet websites voluntarily agreed to 
refuse to sell these tickets online. I want to thank and commend 
Craigslist, eBay, and StubHub for leading the way on this issue.
  However, it is clear that relying on voluntary industry compliance to 
prevent the sale of these tickets is simply not enough. Today, some 
Internet sites are still offering these tickets for sale at prices up 
to $750 per ticket.
  Let me be clear--these are free tickets that have not yet been 
distributed by congressional and Presidential transition offices. These 
unscrupulous websites who continue to offer these tickets for sale do 
not have any tickets to offer for sale.
  These tickets are supposed to be free for the people. Once more, 
these tickets are not yet even available. They will not be distributed 
to congressional offices until the end of the week before the 
inauguration. Even then the offices will require in-person pickup, with 
secure identification. But they will be free and they should stay that 
way.
  We are asking people to pick up their tickets the day before the 
inauguration in my office. Everyone will submit their name, their 
address, and their driver's license. They will have to verify they are 
the actual person who has tickets waiting for them. I believe this kind 
of procedure deters unscrupulous people from selling these tickets on 
the Internet. No websites or other ticket outlets have inaugural 
swearing-in tickets to sell, despite what some of them claim.
  Congress has the responsibility of overseeing this historic event. 
This bill will ensure that these tickets are not sold to the highest 
bidder, and that the inauguration has all the respect and dignity it 
deserves.
  This legislation is aimed at stopping those who seek to profit by 
selling these tickets. It would also target those who seek to dupe the 
public with fraudulent or counterfeit tickets or those who merely 
promise but can't deliver on tickets that they do not actually have.
  Those who violate the law under this legislation would face a class A 
misdemeanor with a substantial fine, imprisonment of up to 1 year, or 
both.
  The bill also exempts official Presidential Inaugural Committees, and 
there is good reason for this. Presidential Inaugural Committees are 
used to organize and fund the public inaugural ceremonies. Donations 
made in return for inaugural tickets have long been used by both 
political parts to fund the Presidential inaugural festivities.
  Unlike unscrupulous websites and ticket scalpers, there is no 
``profit'' made by Presidential Inaugural Committees in giving these 
tickets to people in return for inaugural donations. This exemption 
will allow both parties to raise the needed funds to put on 
Presidential inaugurals in the future.
  It is my hope that Congress will pass this legislation quickly, 
before President-elect Obama's inauguration on January 20th. I think it 
is very important to establish once and for all that tickets to the 
inauguration of the next President of the United States are not issues 
of commerce, but rather free tickets to be given to the people.
  So I hope that this week this legislation can pass unanimously on a 
hotline by this body.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 60

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROHIBITION ON SALE AND COUNTERFEITING OF 
                   INAUGURAL TICKETS.

       (a) In General.--Chapter 25 of title 18, United States 
     Code, is amended by adding at the end the following

     ``Sec. 515. Prohibition on sale and counterfeiting of 
       inaugural tickets

       ``(a) In General.--It shall be unlawful for any person to--
       ``(1) except as provided in subsection (b), knowingly and 
     willfully sell for money or property, or facilitate the sale 
     for money or property of, a ticket to a Presidential 
     inaugural ceremony;
       ``(2) with the intent to defraud, falsely make, forge, 
     counterfeit, or falsely alter a ticket to a Presidential 
     inaugural ceremony; or
       ``(3) with the intent to defraud, use, unlawfully possess, 
     or exhibit a ticket to a Presidential inaugural ceremony, 
     knowing the ticket to be falsely made, forged, counterfeited, 
     or falsely altered.
       ``(b) Exception.--This section shall not apply to the sale 
     for money or property, facilitation of such a sale, or 
     attempt of such a sale, of a ticket to a Presidential 
     inaugural ceremony--
       ``(1) that occurs after the date on which the Presidential 
     inaugural ceremony for which the ticket was issued occurs; or
       ``(2) by an official presidential inaugural committee 
     established on behalf of a President elect of the United 
     States.
       ``(c) Penalty.--Whoever violates subsection (a) shall be 
     fined under this title, imprisoned not more than 1 year, or 
     both.
       ``(d) Definition.--In this section, the term `Presidential 
     inaugural ceremony' means a public inaugural ceremony at 
     which the President elect or the Vice President elect take 
     the oath or affirmation of office for the office of President 
     of the United States or the office of Vice President of the 
     United States, respectively.''.
       (b) Amendment to Chapter Analysis.--The chapter analysis 
     for chapter 25 of title 18, United States Code, is amended by 
     inserting at the end the following:

``515. Prohibition on sale and counterfeiting of inaugural tickets.''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mrs. Boxer, Mrs. Feinstein, Mr. 
        Harkin, Mr. Schumer, and Mr. Whitehouse):
  S. 61. A bill to amend title 11 of the United States Code with 
respect to modification of certain mortgages on principal residences, 
and for other purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, as the 111th Congress begins, the most 
important item on our agenda is to help end the worst economic crisis 
America has faced since the Great Depression.
  I look forward to working with my colleagues in the Senate to develop 
and approve an economic turnaround package as quickly as possible.
  But even if Congress authorizes as much as $1 trillion in new 
Government spending over the next 2 years to stimulate the economy, if 
we don't address the origins of this crisis, I fear the impact of any 
recovery package will be dampened.
  This economic crisis began with the bubble that burst in the housing 
market. So we have to address that, first and foremost. Families need 
to be able to stay in their homes, and communities need to be 
stabilized before the economy can start to grow again.
  That's why, as my first bill in the new Congress, I am reintroducing 
the Helping Families Save Their Homes in Bankruptcy Act.

[[Page 105]]

  When I first began working on this bill almost two years ago, the 
Center for Responsible Lending, Credit Suisse, and others estimated 
that 2 million homes were at risk of foreclosure.
  The Mortgage Bankers Association and the rest of the mortgage 
industry scoffed at such a number.
  Last month, Credit Suisse estimated that 8.1 million homes are likely 
to be lost to foreclosure by 2012. If the economy continues to worsen, 
they believe foreclosures will exceed 10 million homes.
  If over 8 million families--representing 16 percent of all 
mortgages--are losing their homes, our economy is not going to recover.
  I first introduced this bill in September of 2007. I have chaired 
three hearings on the subject and tried three times to pass this 
legislation last year.
  A large coalition supports this bill--including the AARP, the 
Consumer Federation of America, the Leadership Conference on Civil 
Rights, the AFL-CIO, the Center for Responsible Lending, the National 
Association of Consumer Bankruptcy Attorneys, and many others. But the 
Mortgage Bankers Association and the rest of the mortgage industry have 
successfully opposed it so far.
  Three things have fundamentally changed, and I am back, pressing even 
harder that we make this bill law.
  First, the banks that brought us the reckless lending, dense 
securitization, and risky investing practices that created the boom and 
bust in the housing market have now happily accepted a $700 billion 
handout from the American taxpayers . . . even as most of them refuse 
to help the homeowners who are suffering most acutely from their 
irresponsible business practices. Frankly, I think that the credibility 
of the opposition to my bill has slipped just a bit.
  Second, it is painfully clear that foreclosure mitigation efforts to 
date have failed. Professor Alan White of the Valparaiso School of Law 
analyzed a large sample of the mortgage modifications made voluntarily 
by the industry-led Hope Now Alliance. He found that almost half of 
these so-called foreclosure prevention plans actually increased the 
monthly payments of homeowners. How does that help families save their 
homes?
  Third, America soon will have a President who understands the 
enormity of this problem and supports this change to the bankruptcy 
code.
  So what does this bill do? This bill would allow mortgages on primary 
residences to be modified in bankruptcy just like other debts--
including vacation homes, family farms, and yachts.
  Only families living in the home would qualify--no speculators are 
allowed.
  The bill would allow judges to cut through all of the constraints 
that have doomed foreclosure prevention plans from being successful for 
even the most proactive and well-intentioned mortgage servicers.
  There are very real constraints on some of the current efforts to 
prevent foreclosure today because most mortgages are sliced and sold to 
different investors, servicers sometimes have a hard time locating all 
of the owners of the mortgages to get their consent for modifications.
  Servicers that modify mortgages without the consent of all the 
investors fear that they could be sued.
  Some investors refuse to approve sensible restructurings, because 
there is little incentive for the owner of a second mortgage to approve 
a modification of a first mortgage that will see the second mortgage 
wiped out.
  Mortgage modifications that ignore the other pile of debt a household 
is facing is a set-up for failure. That's a leading reason why we see 
so many redefaults on newly modified mortgages through the current 
programs.
  Finally, servicers who are on the front lines answering the phone 
calls from homeowners and processing the paperwork often are 
compensated more for foreclosures than modifications.
  My proposal would allow judges to cut through these complicating 
factors to rework the underlying loans.
  The mortgages that are modified in bankruptcy will provide far more 
value to the lenders and the investors than foreclosure.
  The bill would provide borrowers who are frustrated with their 
mortgage servicers some desperately needed leverage to get their 
banker's full attention. It provides an incentive for banks to modify 
loans before the judges in bankruptcy do it for them.
  Best of all, this program would cost the taxpayers nothing. Given the 
staggering amounts that taxpayers have been asked to give to the 
mortgage industry lately, the taxpayers are ready for a plan that 
doesn't cost them anything and that will actually work.
  Since the Mortgage Bankers Association still opposes this plan, after 
taking all of that taxpayer money and after failing to do anything 
meaningful on their own to address this crisis, I want to address their 
primary remaining objection to this plan as clearly as possible so that 
everyone listening fully understands why the industry is wrong, once 
and for all.
  A few weeks ago, the Chairman of the Mortgage Bankers Association 
testified in the Senate Judiciary Committee that my bill would create a 
tax of $295, per month, for every homeowner in America, forever. I 
asked in the hearing, and my staff asked three times after the hearing, 
for some shred of evidence to support such a ridiculous claim. The 
response finally came just before the holidays, and it is laughable.
  The Mortgage Bankers Association claims that changing the bankruptcy 
code will create new costs for lenders that must then be passed on to 
all borrowers. They have concocted a list of individual costs that add 
up to the full ``tax,'' as they call it. But they don't provide a 
single shred of evidence to support any of these cost estimates. Not 
one. They just made them all up.
  On the other hand, a study conducted by Adam Levitin of the 
Georgetown Law School uses actual statistical data to show that there 
is virtually no impact on mortgage interest rates just because 
mortgages can be modified by judges in bankruptcy.
  The main problem with the argument that my bill will increase future 
mortgage rates is this:
  The choice for mortgage lenders and investors is not full payment of 
the original mortgage versus a lower payment from a judicially modified 
mortgage.
  The choice is between a lower payment from a judicially modified 
mortgage and mortgage failure.
  Valparaiso's Professor White reports that in his large study sample, 
mortgage servicers and their investors lost an average of 55 percent of 
the value of the mortgages that failed through foreclosure, or about 
$145,000 per loan.
  If those loans would have been modified in bankruptcy, the servicers 
and investors would have been given ownership of a sustainable mortgage 
worth at least the fair market value of the home plus an interest rate 
that included a premium for risk. These modified mortgages would on 
average have created far better results than the foreclosures that 
actually occurred.
  Therefore, when the Mortgage Bankers Association claims with no 
evidence whatsoever that my bill would raise mortgage interest rates, 
we should all ask them this: Why would mortgage bankers charge future 
borrowers higher interest rates tomorrow because of a change in the law 
that helps the bankers reduce their losses today?
  I urge the Senate to move swiftly to enact the economic recovery 
package that America desperately needs. And as part of that effort I 
urge my colleagues to support the remedy to the foreclosure crisis that 
will provide the most help to the 8.1 million families across the 
country who are at risk of losing their homes.
  If we don't address the core of the crisis, I fear that the stimulus 
may not work as well as it should. I look forward to working with 
Chairman Dodd, Senator Schumer, all of the other Senators who have 
supported this provision, and President-elect Obama to see that it is 
signed into law quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page 106]]



                                 S. 61

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Helping Families Save Their 
     Homes in Bankruptcy Act of 2009''.

     SEC. 2. ELIGIBILITY FOR RELIEF.

       Section 109 of title 11, United States Code, is amended--
       (1) by adding at the end of subsection (e) the following: 
     ``For purposes of this subsection, the computation of debts 
     shall not include the secured or unsecured portions of--
       ``(1) debts secured by the debtor's principal residence if 
     the current value of that residence is less than the secured 
     debt limit; or
       ``(2) debts secured or formerly secured by real property 
     that was the debtor's principal residence that was sold in 
     foreclosure or that the debtor surrendered to the creditor if 
     the current value of such real property is less than the 
     secured debt limit.''; and
       (2) by adding at the end of subsection (h) the following:
       ``(5) The requirements of paragraph (1) shall not apply in 
     a case under chapter 13 with respect to a debtor who submits 
     to the court a certification that the debtor has received 
     notice that the holder of a claim secured by the debtor's 
     principal residence may commence a foreclosure on the 
     debtor's principal residence.''.

     SEC. 3. PROHIBITING CLAIMS ARISING FROM VIOLATIONS OF 
                   CONSUMER PROTECTION LAWS.

       Section 502(b) of title 11, United States Code, is 
     amended--
       (1) in paragraph (8) by striking ``or'' at the end,
       (2) in paragraph (9) by striking the period at the end and 
     inserting ``; or'', and
       (3) by adding at the end the following:
       ``(10) the claim is subject to any remedy for damages or 
     rescission due to failure to comply with any applicable 
     requirement under the Truth in Lending Act, or any other 
     provision of applicable State or Federal consumer protection 
     law that was in force when the noncompliance took place, 
     notwithstanding the prior entry of a foreclosure judgment.''.

     SEC. 4. AUTHORITY TO MODIFY CERTAIN MORTGAGES.

       Section 1322(b) of title 11, United States Code, is 
     amended--
       (1) by redesignating paragraph (11) as paragraph (12),
       (2) in paragraph (10) by striking ``and'' at the end, and
       (3) by inserting after paragraph (10) the following:
       ``(11) notwithstanding paragraph (2) and otherwise 
     applicable nonbankruptcy law, with respect to a claim for a 
     loan secured by a security interest in the debtor's principal 
     residence that is the subject of a notice that a foreclosure 
     may be commenced, modify the rights of the holder of such 
     claim--
       ``(A) by providing for payment of the amount of the allowed 
     secured claim as determined under section 506(a)(1);
       ``(B) if any applicable rate of interest is adjustable 
     under the terms of such security interest by prohibiting, 
     reducing, or delaying adjustments to such rate of interest 
     applicable on and after the date of filing of the plan;
       ``(C) by modifying the terms and conditions of such loan--
       ``(i) to extend the repayment period for a period that is 
     no longer than the longer of 40 years (reduced by the period 
     for which such loan has been outstanding) or the remaining 
     term of such loan, beginning on the date of the order for 
     relief under this chapter; and
       ``(ii) to provide for the payment of interest accruing 
     after the date of the order for relief under this chapter at 
     an annual percentage rate calculated at a fixed annual 
     percentage rate, in an amount equal to the then most recently 
     published annual yield on conventional mortgages published by 
     the Board of Governors of the Federal Reserve System, as of 
     the applicable time set forth in the rules of the Board, plus 
     a reasonable premium for risk; and
       ``(D) by providing for payments of such modified loan 
     directly to the holder of the claim; and''.

     SEC. 5. COMBATING EXCESSIVE FEES.

       Section 1322(c) of title 11, the United States Code, is 
     amended--
       (1) in paragraph (1) by striking ``and'' at the end,
       (2) in paragraph (2) by striking the period at the end and 
     inserting a semicolon, and
       (3) by adding at the end the following:
       ``(3) the debtor, the debtor's property, and property of 
     the estate are not liable for a fee, cost, or charge that is 
     incurred while the case is pending and arises from a debt 
     that is secured by the debtor's principal residence except to 
     the extent that--
       ``(A) the holder of the claim for such debt files with the 
     court (annually or, in order to permit filing consistent with 
     clause (ii), at such more frequent periodicity as the court 
     determines necessary) notice of such fee, cost, or charge 
     before the earlier of--
       ``(i) 1 year after such fee, cost, or charge is incurred; 
     or
       ``(ii) 60 days before the closing of the case; and
       ``(B) such fee, cost, or charge--
       ``(i) is lawful under applicable nonbankruptcy law, 
     reasonable, and provided for in the applicable security 
     agreement; and
       ``(ii) is secured by property the value of which is greater 
     than the amount of such claim, including such fee, cost, or 
     charge;
       ``(4) the failure of a party to give notice described in 
     paragraph (3) shall be deemed a waiver of any claim for fees, 
     costs, or charges described in paragraph (3) for all 
     purposes, and any attempt to collect such fees, costs, or 
     charges shall constitute a violation of section 524(a)(2) or, 
     if the violation occurs before the date of discharge, of 
     section 362(a); and
       ``(5) a plan may provide for the waiver of any prepayment 
     penalty on a claim secured by the debtor's principal 
     residence.''.

     SEC. 6. CONFIRMATION OF PLAN.

       Section 1325(a) of title 11, the United States Code, is 
     amended--
       (1) in paragraph (8) by striking ``and'' at the end,
       (2) in paragraph (9) by striking the period at the end and 
     inserting a semicolon, and
       (3) by inserting after paragraph (9) the following:
       ``(10) notwithstanding subclause (I) of paragraph 
     (5)(B)(i), the plan provides that the holder of a claim whose 
     rights are modified pursuant to section 1322(b)(11) retain 
     the lien until the later of--
       ``(A) the payment of such holder's allowed secured claim; 
     or
       ``(B) discharge under section 1328; and
       ``(11) the plan modifies a claim in accordance with section 
     1322(b)(11), and the court finds that such modification is in 
     good faith.''.

     SEC. 7. DISCHARGE.

       Section 1328 of title 11, the United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``(other than payments to holders of 
     claims whose rights are modified under section 1322(b)(11)'' 
     after ``paid'' the 1st place it appears, and
       (B) in paragraph (1) by inserting ``or, to the extent of 
     the unpaid portion of an allowed secured claim, provided for 
     in section 1322(b)(11)'' after ``1322(b)(5)'', and
       (2) in subsection (c)(1) by inserting ``or, to the extent 
     of the unpaid portion of an allowed secured claim, provided 
     for in section 1322(b)(11)'' after ``1322(b)(5)''.

     SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

       (a) Effective Date.--Except as provided in subsection (b), 
     this Act and the amendments made by this Act shall take 
     effect on the date of the enactment of this Act.
       (b) Application of Amendments.--The amendments made by this 
     Act shall apply with respect to cases commenced under title 
     11 of the United States Code before, on, or after the date of 
     the enactment of this Act.
                                 ______
                                 
      By Mr. INOUYE:
  S. 63. A bill to amend title XIX of the Social Security Act to 
improve access to advanced practice nurses and physician assistants 
under the Medicaid Program; to the Committee on Finance.
  Mr. INOUYE. Mr. President, today, I, again, introduce the Medicaid 
Advanced Practice Nurse and Physician Assistants Access Act of 2009. 
This legislation would change the Federal law to expand fee-for-service 
Medicaid to include direct payment for services provided by all nurse 
practitioners, clinical nurse specialists, and physician assistants. It 
would ensure all nurse practitioners, certified nurse midwives, and 
physician assistants are recognized as primary care case managers, and 
require Medicaid panels to include advanced practice nurses on their 
managed care panels.
  Advanced practice nurses are registered nurses who have attained 
additional expertise in the clinical management of health conditions. 
Typically, an advanced practice nurse holds a master's degree with 
didactic and clinical preparation beyond that of the registered nurse. 
They are employed in clinics, hospitals, and private practices. While 
there are many titles given to these advanced practice nurses, such as 
pediatric nurse practitioners, family nurse practitioners, certified 
nurse midwives, certified registered nurse anesthetists, and clinical 
nurse specialists, our current Medicaid law has not kept up with the 
multiple specialties and titles of these advanced practitioners, nor 
has it recognized the critical role physician assistants play in the 
delivery of primary care.
  I have been a long-time advocate of advanced practice nurses and 
their ability to extend health care services to our most rural and 
underserved communities. They have improved access to health care in 
Hawaii and throughout the United States by their willingness to 
practice in what some providers might see as undesirable locations--
extremely rural, frontier, or

[[Page 107]]

urban areas. This legislation ensures they are recognized and 
reimbursed for providing the necessary health care services patients 
need, and it gives those patients the choice of selecting advanced 
practice nurses and physician assistants as their primary care 
providers.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 63

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Medicaid Advanced Practice 
     Nurses and Physician Assistants Access Act of 2009''.

     SEC. 2. IMPROVED ACCESS TO SERVICES OF ADVANCED PRACTICE 
                   NURSES AND PHYSICIAN ASSISTANTS UNDER STATE 
                   MEDICAID PROGRAMS.

       (a) Primary Care Case Management.--Section 1905(t)(2) of 
     the Social Security Act (42 U.S.C. 1396d(t)(2)) is amended by 
     striking subparagraph (B) and inserting the following:
       ``(B) A nurse practitioner (as defined in section 
     1861(aa)(5)(A)).
       ``(C) A certified nurse-midwife (as defined in section 
     1861(gg)).
       ``(D) A physician assistant (as defined in section 
     1861(aa)(5)(A)).''.
       (b) Fee-for-Service Program.--Section 1905(a)(21) of such 
     Act (42 U.S.C. 1396d(a)(21)) is amended--
       (1) by inserting ``(A)'' after ``(21)'';
       (2) by striking ``services furnished by a certified 
     pediatric nurse practitioner or certified family nurse 
     practitioner (as defined by the Secretary) which the 
     certified pediatric nurse practitioner or certified family 
     nurse practitioner'' and inserting ``services furnished by a 
     nurse practitioner (as defined in section 1861(aa)(5)(A)) or 
     by a clinical nurse specialist (as defined in section 
     1861(aa)(5)(B)) which the nurse practitioner or clinical 
     nurse specialist'';
       (3) by striking ``the certified pediatric nurse 
     practitioner or certified family nurse practitioner'' and 
     inserting ``the nurse practitioner or clinical nurse 
     specialist''; and
       (4) by inserting before the semicolon at the end the 
     following: ``and (B) services furnished by a physician 
     assistant (as defined in section 1861(aa)(5)) with the 
     supervision of a physician which the physician assistant is 
     legally authorized to perform under State law''.
       (c) Including in Mix of Service Providers Under Medicaid 
     Managed Care Organizations.--Section 1932(b)(5)(B) of such 
     Act (42 U.S.C. 1396u-2(b)(5)(B)) is amended by inserting ``, 
     with such mix including nurse practitioners, clinical nurse 
     specialists, physician assistants, certified nurse midwives, 
     and certified registered nurse anesthetists (as defined in 
     section 1861(bb)(2))'' after ``services''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to items and services furnished in calendar 
     quarters beginning on or after 90 days after the date of the 
     enactment of this Act, without regard to whether or not final 
     regulations to carry out such amendments have been 
     promulgated by such date.
                                 ______
                                 
      By Mr. INOUYE:
  S. 65. A bill to provide relief to the Pottawatomi Nation in Canada 
for settlement of certain claims against the United States; to the 
Committee on the Judiciary.
  Mr. INOUYE. Mr. President, almost 14 years ago, I stood before you to 
introduce a bill ``to provide an opportunity for the Pottawatomi Nation 
in Canada to have the merits of their claims against the United States 
determined by the United States Court of Federal Claims.''
  That bill was introduced as Senate Resolution 223, which referred the 
Pottawatomi's claim to the Chief Judge of the U.S. Court of Federal 
Claims and required the Chief Judge to report back to the Senate and 
provide sufficient findings of fact and conclusions of law to enable 
the Congress to determine whether the claim of the Pottawatomi Nation 
in Canada is legal or equitable in nature, and the amount of damages, 
if any, which may be legally or equitably due from the United States.
  Nine years ago, the Chief Judge of the Court of Federal Claims 
reported back that the Pottawatomi Nation in Canada has a legitimate 
and credible legal claim. By settlement stipulation, the United States 
has taken the position that it would be ``fair, just and equitable'' to 
settle the claims of the Pottawatomi Nation in Canada for the sum of 
$1,830,000. This settlement amount was reached by the parties after 7 
years of extensive, fact-intensive litigation. Independently, the Court 
of Federal Claims concluded that the settlement amount is ``not a 
gratuity'' and that the ``settlement was predicated on a credible legal 
claim.'' Pottawatomi Nation in Canada, et al. v. United States, Cong. 
Ref. 94-1037X at 28 (Ct. Fed. Cl., September 15, 2000) (Report of 
Hearing Officer).
  The bill I introduce today is to authorize the payment of those funds 
that the United States has concluded would be ``fair, just and 
equitable'' to satisfy this legal claim from amounts appropriated under 
section 1304 of title 31 of the United States Code. If enacted, this 
bill will finally achieve a measure of justice for a tribal nation that 
has for far too long been denied.
  For the information of our colleagues, this is the historical 
background that informs the underlying legal claim of the Canadian 
Pottawatomi.
  The members of the Pottawatomi Nation in Canada are one of the 
descendant groups--successors-in-interest--of the historical 
Pottawatomi Nation and their claim originates in the latter part of the 
18th century. The historical Pottawatomi Nation was aboriginal to the 
United States. They occupied and possessed a vast expanse in what is 
now the States of Ohio, Michigan, Indiana, Illinois, and Wisconsin. 
From 1795 to 1833, the United States annexed most of the traditional 
land of the Pottawatomi Nation through a series of treaties of 
cession--many of these cessions were made under extreme duress and the 
threat of military action. In exchange, the Pottawatomis were 
repeatedly made promises that the remainder of their lands would be 
secure and, in addition, that the United States would pay certain 
annuities to the Pottawatomi.
  In 1829, the United States formally adopted a Federal policy of 
removal--an effort to remove all Indian tribes from their traditional 
lands east of the Mississippi River to the west. As part of that 
effort, the government increasingly pressured the Pottawatomis to cede 
the remainder of their traditional lands--some 5 million acres in and 
around the city of Chicago and remove themselves west. For years, the 
Pottawatomis steadfastly refused to cede the remainder of their tribal 
territory. Then in 1833, the United States, pressed by settlers seeking 
more land, sent a Treaty Commission to the Pottawatomi with orders to 
extract a cession of the remaining lands. The Treaty Commissioners 
spent 2 weeks using extraordinarily coercive tactics--including threats 
of war--in an attempt to get the Pottawatomis to agree to cede their 
territory. Finally, those Pottawatomis who were present relented and on 
September 26, 1933, they ceded their remaining tribal estate through 
what would be known as the Treaty of Chicago. Seventy-seven members of 
the Pottawatomi Nation signed the Treaty of Chicago. Members of the 
``Wisconsin Band'' were not present and did not assent to the cession.
  In exchange for their land, the Treaty of Chicago provided that the 
United States would give to the Pottawatomis 5 million acres of 
comparable land in what is now Missouri. The Pottawatomi were familiar 
with the Missouri land, aware that it was similar to their homeland. 
But the Senate refused to ratify that negotiated agreement and 
unilaterally switched the land to 5 million acres in Iowa. The Treaty 
Commissioners were sent back to acquire Pottawatomi assent to the Iowa 
land. All but seven of the original 77 signatories refused to accept 
the change even with promises that if they were dissatisfied ``justice 
would be done.'' Treaty of Chicago, as amended, Article 4. 
Nevertheless, the Treaty of Chicago was ratified as amended by the 
Senate in 1834. Subsequently, the Pottawatomis sent a delegation to 
evaluate the land in Iowa. The delegation reported back that the land 
was ``not fit for snakes to live on.''
  While some Pottawatomis removed westward, many of the Pottawatomis--
particularly the Wisconsin Band, whose leaders never agreed to the 
Treaty--refused to do so. By 1836, the United States began to 
forcefully remove

[[Page 108]]

Pottawatomis who remained in the east--with devastating consequences. 
As is true with many other American Indian tribes, the forced removal 
westward came at great human cost. Many of the Pottawatomi were 
forcefully removed by mercenaries who were paid on a per capita basis 
government contract. Over one-half of the Indians removed by these 
means died en route. Those who reached Iowa were almost immediately 
removed further to inhospitable parts of Kansas against their will and 
without their consent.
  Knowing of these conditions, many of the Pottawatomis including most 
of those in the Wisconsin Band vigorously resisted forced removal. To 
avoid Federal troops and mercenaries, much of the Wisconsin Band 
ultimately found it necessary to flee to Canada. They were often 
pursued to the border by government troops, government-paid mercenaries 
or both. Official files of the Canadian and United States governments 
disclose that many Pottawatomis were forced to leave their homes 
without their horses or any of their possessions other than the clothes 
on their backs.
  By the late 1830s, the government refused payment of annuities to any 
Pottawatomi groups that had not removed west. In the 1860s, members of 
the Wisconsin Band--those still in their traditional territory and 
those forced to flee to Canada--petitioned Congress for the payment of 
their treaty annuities promised under the Treaty of Chicago and all 
other cession treaties. By the Act of June 25, 1864 (13 Stat. 172) the 
Congress declared that the Wisconsin Band did not forfeit their 
annuities by not removing and directed that the share of the 
Pottawatomi Indians who had refused to relocate to the west should be 
retained for their use in the United States Treasury. (H.R. Rep. No. 
470, 64th Cong., p. 5, as quoted on page 3 of memo dated October 7, 
1949). Nevertheless, much of the money was never paid to the Wisconsin 
Band.
  In 1903, the Wisconsin Band--most of whom now resided in three areas, 
the States of Michigan and Wisconsin and the Province of Ontario--
petitioned the Senate once again to pay them their fair portion of 
annuities as required by the law and treaties. (Sen. Doc. No. 185, 57th 
Cong., 2d Sess.) By the Act of June 21, 1906 (34 Stat. 380), the 
Congress directed the Secretary of the Interior to investigate claims 
made by the Wisconsin Band and establish a roll of the Wisconsin Band 
Pottawatomis that still remained in the East. In addition, the Congress 
ordered the Secretary to determine ``the Wisconsin Bands proportionate 
shares of the annuities, trust funds, and other monies paid to or 
expended for the tribe to which they belong in which the claimant 
Indians have not shared, and the amount of such monies retained in the 
Treasury of the United States to the credit of the claimant Indians as 
directed the provision of the Act of June 25, 1864.''
  In order to carry out the 1906 Act, the Secretary of the Interior 
directed Dr. W.M. Wooster to conduct an enumeration of Wisconsin Band 
Pottawatomi in both the United States and Canada. Dr. Wooster 
documented 2007 Wisconsin Pottawatomis: 457 in Wisconsin and Michigan 
and 1550 in Canada. He also concluded that the proportionate share of 
annuities for the Pottawatomis in Wisconsin and Michigan was $477,339 
and that the proportionate share of annuities due the Pottawatomi 
Nation in Canada was $1,517,226. The Congress thereafter enacted a 
series of appropriation Acts from June 30, 1913 to May 29, 1928 to 
satisfy most of the monies owed to those Wisconsin Band Pottawatomis 
residing in the United States. However, the Wisconsin Band Pottawatomis 
who resided in Canada were never paid their share of the tribal funds.
  Since that time, the Pottawatomi Nation in Canada has diligently and 
continuously sought to enforce their treaty rights, although until this 
congressional reference, they had never been provided their day in 
court. In 1910, the United States and Great Britain entered into an 
agreement for the purpose of dealing with claims between both 
countries, including claims of Indian tribes within their respective 
jurisdictions, by creating the Pecuniary Claims Tribunal. From 1910 to 
1938, the Pottawatomi Nation in Canada diligently sought to have their 
claim heard in this international forum. Overlooked for more pressing 
international matters of the period, including the intervention of 
World War I, the Pottawatomis then came to the U.S. Congress for 
redress of their claim.
  In 1946, the Congress waived its sovereign immunity and established 
the Indian Claims Commission for the purpose of granting tribes their 
long-delayed day in court. The Indian Claims Commission Act, ICCA, 
granted the Commission jurisdiction over claims such as the type 
involved here. In 1948, the Wisconsin Band Pottawatomis from both sides 
of the border--brought suit together in the Indian Claims Commission 
for recovery of damages. Hannahville Indian Community v. U.S., No. 28 
(Ind. Cl. Comm. Filed May 4, 1948). Unfortunately, the Indian Claims 
Commission dismissed Pottawatomi Nation in Canada's part of the claim 
ruling that the Commission had no jurisdiction to consider claims of 
Indians living outside territorial limits of the United States. 
Hannahville Indian Community v. U.S., 115 Ct. Cl. 823 (1950). The claim 
of the Wisconsin Band residing in the United States that was filed in 
the Indian Claims Commission was finally decided in favor of the 
Wisconsin Band by the U.S. Claims Court in 1983. Hannahville Indian 
Community v. United States, 4 Ct. Cl. 445 (1983). The Court of Claims 
concluded that the Wisconsin Band was owed a member's proportionate 
share of unpaid annuities from 1838 through 1907 due under various 
treaties, including the Treaty of Chicago and entered judgment for the 
American Wisconsin Band Pottawatomis for any monies not paid. Still the 
Pottawatomi Nation in Canada was excluded because of the jurisdictional 
limits of the ICCA.
  Undaunted, the Pottawatomi Nation in Canada came to the Senate and 
after careful consideration, we finally gave them their long-awaited 
day in court through the congressional reference process. The court has 
now reported back to us that their claim is meritorious and that the 
payment that this bill would make constitutes a ``fair, just and 
equitable'' resolution to this claim.
  The Pottawatomi Nation in Canada has sought justice for over 150 
years. They have done all that we asked in order to establish their 
claim. Now it is time for us to finally live up to the promise our 
government made so many years ago. It will not correct all the wrongs 
of the past, but it is a demonstration that this government is willing 
to admit when it has left unfulfilled an obligation and that the United 
States is willing to do what we can to see that justice--so long 
delayed is not now denied.
  Finally, I would just note that the claim of the Pottawatomi Nation 
in Canada is supported through specific resolutions by the National 
Congress of American Indians, the oldest, largest and most-
representative tribal organization here in the United States, the 
Assembly of First Nations, which includes all recognized tribal 
entities in Canada, and each and every of the Pottawatomi tribal groups 
that remain in the United States today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 65

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SETTLEMENT OF CERTAIN CLAIMS.

       (a) Authorization for Payment.--Notwithstanding any other 
     provision of law, subject to subsection (b), the Secretary of 
     the Treasury shall pay to the Pottawatomi Nation in Canada 
     $1,830,000 from amounts appropriated under section 1304 of 
     title 31, United States Code.
       (b) Payment in Accordance With Stipulation for 
     Recommendation of Settlement.--The payment under subsection 
     (a) shall--
       (1) be made in accordance with the terms and conditions of 
     the Stipulation for Recommendation of Settlement dated May 
     22, 2000, entered into between the Pottawatomi Nation in 
     Canada and the United States (referred to in this section as 
     the ``Stipulation for Recommendation of Settlement''); and

[[Page 109]]

       (2) be included in the report of the Chief Judge of the 
     United States Court of Federal Claims regarding Congressional 
     Reference No. 94-1037X, submitted to the Senate on January 4, 
     2001, in accordance with sections 1492 and 2509 of title 28, 
     United States Code.
       (c) Full Satisfaction of Claims.--The payment under 
     subsection (a) shall be in full satisfaction of all claims of 
     the Pottawatomi Nation in Canada against the United States 
     that are referred to or described in the Stipulation for 
     Recommendation of Settlement.
       (d) Nonapplicability.--Notwithstanding any other provision 
     of law, the Indian Tribal Judgment Funds Use or Distribution 
     Act (25 U.S.C. 1401 et seq.) does not apply to the payment 
     under subsection (a).
                                 ______
                                 
      By Mr. INOUYE (for himself and Ms. Landrieu):
  S. 66. A bill to amend title 10, United States Code, to permit former 
members of the Armed Forces who have a service-connected disability 
rated as total to travel on military aircraft in the same manner and to 
the same extent as retired members of the Armed Forces are entitled to 
travel on such aircraft; to the Committee on Armed Services.
  Mr. INOUYE. Mr. President, today I am reintroducing a bill which is 
of great importance to a group of patriotic Americans. This legislation 
is designed to extend space-available travel privileges on military 
aircraft to those who have been totally disabled in the service of our 
country.
  Currently, retired members of the Armed Services are permitted to 
travel on a space-available basis on non-scheduled military flights 
within the continental United States, and on scheduled overseas flights 
operated by the Military Airlift Command. My bill would provide the 
same benefits for veterans with 100 percent service-connected 
disabilities.
  We owe these heroic men and women who have given so much to our 
country a debt of gratitude. Of course, we can never repay them for the 
sacrifices they have made on behalf of our Nation, but we can surely 
try to make their lives more pleasant and fulfilling. One way in which 
we can help is to extend military travel privileges to these 
distinguished American veterans. I have received numerous letters from 
all over the country attesting to the importance attached to this issue 
by veterans. Therefore, I ask that my colleagues show their concern and 
join me in saying ``thank you'' by supporting this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 66

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TRAVEL ON MILITARY AIRCRAFT OF CERTAIN DISABLED 
                   FORMER MEMBERS OF THE ARMED FORCES.

       (a) In General.--Chapter 53 of title 10, United States 
     Code, is amended by inserting after section 1060b the 
     following new section:

     ``Sec. 1060c. Travel on military aircraft: certain disabled 
       former members of the armed forces

       ``The Secretary of Defense shall permit any former member 
     of the armed forces who is entitled to compensation under the 
     laws administered by the Secretary of Veterans Affairs for a 
     service-connected disability rated as total to travel, in the 
     same manner and to the same extent as retired members of the 
     armed forces, on unscheduled military flights within the 
     continental United States and on scheduled overseas flights 
     operated by the Air Mobility Command. The Secretary of 
     Defense shall permit such travel on a space-available 
     basis.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 53 of such title is amended by inserting 
     after the item relating to section 1060b the following new 
     item:

``1060c. Travel on military aircraft: certain disabled former members 
              of the armed forces.''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 67. A bill to amend title 10, United States Code, to authorize 
certain disabled former prisoners of war to use Department of Defense 
commissary and exchange stores; to the Committee on Armed Services.
  Mr. INOUYE. Mr. President, today I am reintroducing legislation to 
enable those former prisoners of war who have been separated honorably 
from their respective services and who have been rated as having a 30 
percent service-connected disability to have the use of both the 
military commissary and post exchange privileges. While I realize it is 
impossible to adequately compensate one who has endured long periods of 
incarceration at the hands of our Nation's enemies, I do feel this 
gesture is both meaningful and important to those concerned because it 
serves as a reminder that our Nation has not forgotten their 
sacrifices.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 67

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. USE OF COMMISSARY AND EXCHANGE STORES BY CERTAIN 
                   DISABLED FORMER PRISONERS OF WAR.

       (a) In General.--Chapter 54 of title 10, United States 
     Code, is amended by inserting after section 1064 the 
     following new section:

     ``Sec. 1064a. Use of commissary and exchange stores: certain 
       disabled former prisoners of war

       ``(a) In General.--Under regulations prescribed by the 
     Secretary of Defense, former prisoners of war described in 
     subsection (b) may use commissary and exchange stores.
       ``(b) Covered Individuals.--Subsection (a) applies to any 
     former prisoner of war who--
       ``(1) separated from active duty in the armed forces under 
     honorable conditions; and
       ``(2) has a service-connected disability rated by the 
     Secretary of Veterans Affairs at 30 percent or more.
       ``(c) Definitions.--In this section:
       ``(1) The term `former prisoner of war' has the meaning 
     given that term in section 101(32) of title 38.
       ``(2) The term `service-connected' has the meaning given 
     that term in section 101(16) of title 38.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 54 of such title is amended by inserting 
     after the item relating to section 1064 the following new 
     item:

``1064a. Use of commissary and exchange stores: certain disabled former 
              prisoners of war.''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 68. A bill to require the Secretary of the Army to determine the 
validity of the claims of certain Filipinos that they performed 
military service on behalf of the United States during World War II; to 
the Committee on Veterans' Affairs.
  Mr. INOUYE. Mr. President, I am reintroducing legislation today that 
would direct the Secretary of the Army to determine whether certain 
nationals of the Philippine Islands performed military service on 
behalf of the United States during World War II.
  Our Filipino veterans fought side by side with Americans and 
sacrificed their lives on behalf of the United States. This legislation 
would confirm the validity of their claims and further allow qualified 
individuals the opportunity to apply for military and veterans benefits 
that, I believe, they are entitled to. As this population becomes 
older, it is important for our nation to extend its firm commitment to 
the Filipino veterans and their families who participated in making us 
the great Nation that we are today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 68

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DETERMINATIONS BY THE SECRETARY OF THE ARMY.

       (a) In General.--Upon the written application of any person 
     who is a national of the Philippine Islands, the Secretary of 
     the Army shall determine whether such person performed any 
     military service in the Philippine Islands in aid of the 
     Armed Forces of the United States during World War II which 
     qualifies such person to receive any military, veterans', or 
     other benefits under the laws of the United States.
       (b) Information to Be Considered.--In making a 
     determination for the purpose of subsection (a), the 
     Secretary shall consider all information and evidence 
     (relating to

[[Page 110]]

     service referred to in subsection (a)) that is available to 
     the Secretary, including information and evidence submitted 
     by the applicant, if any.

     SEC. 2. CERTIFICATE OF SERVICE.

       (a) Issuance of Certificate of Service.--The Secretary of 
     the Army shall issue a certificate of service to each person 
     determined by the Secretary to have performed military 
     service described in section 1(a).
       (b) Effect of Certificate of Service.--A certificate of 
     service issued to any person under subsection (a) shall, for 
     the purpose of any law of the United States, conclusively 
     establish the period, nature, and character of the military 
     service described in the certificate.

     SEC. 3. APPLICATIONS BY SURVIVORS.

       An application submitted by a surviving spouse, child, or 
     parent of a deceased person described in section 1(a) shall 
     be treated as an application submitted by such person.

     SEC. 4. LIMITATION PERIOD.

       The Secretary of the Army may not consider for the purpose 
     of this Act any application received by the Secretary more 
     than two years after the date of the enactment of this Act.

     SEC. 5. PROSPECTIVE APPLICATION OF DETERMINATIONS BY THE 
                   SECRETARY OF THE ARMY.

       No benefits shall accrue to any person for any period 
     before the date of the enactment of this Act as a result of 
     the enactment of this Act.

     SEC. 6. REGULATIONS.

       The Secretary of the Army shall prescribe regulations to 
     carry out sections 1, 3, and 4.

     SEC. 7. RESPONSIBILITIES OF THE SECRETARY OF VETERANS 
                   AFFAIRS.

       Any entitlement of a person to receive veterans' benefits 
     by reason of this Act shall be administered by the Department 
     of Veterans Affairs pursuant to regulations prescribed by the 
     Secretary of Veterans Affairs.

     SEC. 8. DEFINITION.

       In this Act, the term ``World War II'' means the period 
     beginning on December 7, 1941, and ending on December 31, 
     1946.
                                 ______
                                 
      By Mr. INOUYE (for himself, Mr. Lieberman, Mr. Carper, Ms. 
        Murkowski, Mr. Levin, and Mr. Akaka):
  S. 69. A bill to establish a fact-finding Commission to extend the 
study of a prior Commission to investigate and determine facts and 
circumstances surrounding the relocation, internment, and deportation 
to Axis countries of Latin Americans of Japanese descent from December 
1941 through February 1948, and the impact of those actions by the 
United States, and to recommend appropriate remedies, and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. INOUYE. Mr. President, I rise to speak in support of the 
Commission on Wartime Relocation and Internment of Latin Americans of 
Japanese Descent Act.
  The story of U.S. citizens taken from their homes on the west coast 
and confined in camps is a story that was made known after a fact-
finding study by a Commission that Congress authorized in 1980. That 
study was followed by a formal apology by President Reagan and a bill 
for reparations. Far less known, and indeed, I myself did not initially 
know, is the story of Latin Americans of Japanese descent taken from 
their homes in Latin America, stripped of their passports, brought to 
the U.S., and interned in American camps.
  This is a story about the U.S. government's act of reaching its arm 
across international borders, into a community that did not pose an 
immediate threat to our Nation, in order to use them, devoid of 
passports or any other proof of citizenship, for exchange with 
Americans with Japan. Between the years 1941 and 1945, our Government, 
with the help of Latin American officials, arbitrarily arrested persons 
of Japanese descent from streets, homes, and workplaces. Approximately 
2,300 undocumented persons were brought to camp sites in the U.S., 
where they were held under armed watch, and then held in reserve for 
prisoner exchange. Those used in an exchange were sent to Japan, a 
foreign country that many had never set foot on since their ancestors' 
immigration to Latin America.
  Despite their involuntary arrival, Latin American internees of 
Japanese descent were considered by the Immigration and Naturalization 
Service as illegal entrants. By the end of the war, some Japanese Latin 
Americans had been sent to Japan. Those who were not used in a prisoner 
exchange were cast out into a new and English-speaking country, and 
subject to deportation proceedings. Some returned to Latin America. 
Others remained in the U.S., because their country of origin in Latin 
America refused their re-entry, because they were unable to present a 
passport.
  When I first learned of the wartime experiences of Japanese Latin 
Americans, it seemed unbelievable, but indeed, it happened. It is a 
part of our national history, and it is a part of the living histories 
of the many families whose lives are forever tied to internment camps 
in our country.
  The outline of this story was sketched out in a book published by the 
Commission on Wartime Relocation and Internment of Civilians formed in 
1980. This Commission had set out to learn about Japanese Americans. 
Towards the close of their investigations, the Commissioners stumbled 
upon this extraordinary effort by the U.S. government to relocate, 
intern, and deport Japanese persons formerly living in Latin America. 
Because this finding surfaced late in its study, the Commission was 
unable to fully uncover the facts, but found them significant enough to 
include in its published study, urging a deeper investigation.
  I rise today to introduce the Commission on Wartime Relocation and 
Internment of Latin Americans of Japanese Descent Act, which would 
establish a fact-finding Commission to extend the study of the 1980 
Commission. This Commission's task would be to determine facts 
surrounding the U.S. government's actions in regards to Japanese Latin 
Americans subject to a program of relocation, internment, and 
deportation. I believe that examining this extraordinary program would 
give finality to, and complete the account of Federal actions to detain 
and intern civilians of Japanese ancestry.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 69

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Commission on Wartime 
     Relocation and Internment of Latin Americans of Japanese 
     Descent Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Based on a preliminary study published in 
     December 1982 by the Commission on Wartime Relocation and 
     Internment of Civilians, Congress finds the following:
       (1) During World War II, the United States--
       (A) expanded its internment program and national security 
     investigations to conduct the program and investigations in 
     Latin America; and
       (B) financed relocation to the United States, and 
     internment, of approximately 2,300 Latin Americans of 
     Japanese descent, for the purpose of exchanging the Latin 
     Americans of Japanese descent for United States citizens held 
     by Axis countries.
       (2) Approximately 2,300 men, women, and children of 
     Japanese descent from 13 Latin American countries were held 
     in the custody of the Department of State in internment camps 
     operated by the Immigration and Naturalization Service from 
     1941 through 1948.
       (3) Those men, women, and children either--
       (A) were arrested without a warrant, hearing, or indictment 
     by local police, and sent to the United States for 
     internment; or
       (B) in some cases involving women and children, voluntarily 
     entered internment camps to remain with their arrested 
     husbands, fathers, and other male relatives.
       (4) Passports held by individuals who were Latin Americans 
     of Japanese descent were routinely confiscated before the 
     individuals arrived in the United States, and the Department 
     of State ordered United States consuls in Latin American 
     countries to refuse to issue visas to the individuals prior 
     to departure.
       (5) Despite their involuntary arrival, Latin American 
     internees of Japanese descent were considered to be and 
     treated as illegal entrants by the Immigration and 
     Naturalization Service. Thus, the internees became illegal 
     aliens in United States custody who were subject to 
     deportation proceedings for immediate removal from the United 
     States. In some cases, Latin American internees of Japanese 
     descent were deported to Axis countries to enable the United 
     States to conduct prisoner exchanges.
       (6) Approximately 2,300 men, women, and children of 
     Japanese descent were relocated from their homes in Latin 
     America, detained

[[Page 111]]

     in internment camps in the United States, and in some cases, 
     deported to Axis countries to enable the United States to 
     conduct prisoner exchanges.
       (7) The Commission on Wartime Relocation and Internment of 
     Civilians studied Federal actions conducted pursuant to 
     Executive Order 9066 (relating to authorizing the Secretary 
     of War to prescribe military areas). Although the United 
     States program of interning Latin Americans of Japanese 
     descent was not conducted pursuant to Executive Order 9066, 
     an examination of that extraordinary program is necessary to 
     establish a complete account of Federal actions to detain and 
     intern civilians of enemy or foreign nationality, 
     particularly of Japanese descent. Although historical 
     documents relating to the program exist in distant archives, 
     the Commission on Wartime Relocation and Internment of 
     Civilians did not research those documents.
       (8) Latin American internees of Japanese descent were a 
     group not covered by the Civil Liberties Act of 1988 (50 
     U.S.C. App. 1989b et seq.), which formally apologized and 
     provided compensation payments to former Japanese Americans 
     interned pursuant to Executive Order 9066.
       (b) Purpose.--The purpose of this Act is to establish a 
     fact-finding Commission to extend the study of the Commission 
     on Wartime Relocation and Internment of Civilians to 
     investigate and determine facts and circumstances surrounding 
     the relocation, internment, and deportation to Axis countries 
     of Latin Americans of Japanese descent from December 1941 
     through February 1948, and the impact of those actions by the 
     United States, and to recommend appropriate remedies, if any, 
     based on preliminary findings by the original Commission and 
     new discoveries.

     SEC. 3. ESTABLISHMENT OF THE COMMISSION.

       (a) In General.--There is established the Commission on 
     Wartime Relocation and Internment of Latin Americans of 
     Japanese descent (referred to in this Act as the 
     ``Commission'').
       (b) Composition.--The Commission shall be composed of 9 
     members, who shall be appointed not later than 60 days after 
     the date of enactment of this Act, of whom--
       (1) 3 members shall be appointed by the President;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives, on the joint recommendation of the 
     majority leader of the House of Representatives and the 
     minority leader of the House of Representatives; and
       (3) 3 members shall be appointed by the President pro 
     tempore of the Senate, on the joint recommendation of the 
     majority leader of the Senate and the minority leader of the 
     Senate.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. A vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment was made.
       (d) Meetings.--
       (1) First meeting.--The President shall call the first 
     meeting of the Commission not later than the later of--
       (A) 60 days after the date of enactment of this Act; or
       (B) 30 days after the date of enactment of legislation 
     making appropriations to carry out this Act.
       (2) Subsequent meetings.--Except as provided in paragraph 
     (1), the Commission shall meet at the call of the 
     Chairperson.
       (e) Quorum.--Five members of the Commission shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (f) Chairperson and Vice Chairperson.--The Commission shall 
     elect a Chairperson and Vice Chairperson from among its 
     members. The Chairperson and Vice Chairperson shall serve for 
     the life of the Commission.

     SEC. 4. DUTIES OF THE COMMISSION.

       (a) In General.--The Commission shall--
       (1) extend the study of the Commission on Wartime 
     Relocation and Internment of Civilians, established by the 
     Commission on Wartime Relocation and Internment of Civilians 
     Act--
       (A) to investigate and determine facts and circumstances 
     surrounding the United States' relocation, internment, and 
     deportation to Axis countries of Latin Americans of Japanese 
     descent from December 1941 through February 1948, and the 
     impact of those actions by the United States; and
       (B) in investigating those facts and circumstances, to 
     review directives of the United States armed forces and the 
     Department of State requiring the relocation, detention in 
     internment camps, and deportation to Axis countries of Latin 
     Americans of Japanese descent; and
       (2) recommend appropriate remedies, if any, based on 
     preliminary findings by the original Commission and new 
     discoveries.
       (b) Report.--Not later than 1 year after the date of the 
     first meeting of the Commission pursuant to section 3(d)(1), 
     the Commission shall submit a written report to Congress, 
     which shall contain findings resulting from the investigation 
     conducted under subsection (a)(1) and recommendations 
     described in subsection (a)(2).

     SEC. 5. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission or, at its direction, any 
     subcommittee or member of the Commission, may, for the 
     purpose of carrying out this Act--
       (1) hold such public hearings in such cities and countries, 
     sit and act at such times and places, take such testimony, 
     receive such evidence, and administer such oaths as the 
     Commission or such subcommittee or member considers 
     advisable; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Commission or such subcommittee or 
     member considers advisable.
       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Subpoenas issued under subsection (a) shall 
     bear the signature of the Chairperson of the Commission and 
     shall be served by any person or class of persons designated 
     by the Chairperson for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (c) Witness Allowances and Fees.--Section 1821 of title 28, 
     United States Code, shall apply to witnesses requested or 
     subpoenaed to appear at any hearing of the Commission. The 
     per diem and mileage allowances for witnesses shall be paid 
     from funds available to pay the expenses of the Commission.
       (d) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to perform 
     its duties. Upon request of the Chairperson of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.

     SEC. 6. PERSONNEL AND ADMINISTRATIVE PROVISIONS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate the employment of such personnel as may 
     be necessary to enable the Commission to perform its duties.
       (2) Compensation.--The Chairperson of the Commission may 
     fix the compensation of the personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of such title.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (f) Other Administrative Matters.--The Commission may--
       (1) enter into agreements with the Administrator of General 
     Services to procure necessary financial and administrative 
     services;
       (2) enter into contracts to procure supplies, services, and 
     property; and
       (3) enter into contracts with Federal, State, or local 
     agencies, or private institutions or organizations, for the 
     conduct of research or surveys, the preparation of reports, 
     and other activities necessary to enable the Commission to 
     perform its duties.

[[Page 112]]



     SEC. 7. TERMINATION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its report to Congress under 
     section 4(b).

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this Act.
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.
                                 ______
                                 
      By Mr. INOUYE:
  S. 70. A bill to restore the traditional day of observance of 
Memorial Day, and for other purposes; to the Committee on the 
Judiciary.
  Mr. INOUYE. Mr. President, in our effort to accommodate many 
Americans by making Memorial Day the last Monday in May, we have lost 
sight of the significance of this day to our Nation. My bill would 
restore Memorial Day to May 30 and authorize our flag to fly at half 
mast on that day. In addition, this legislation would authorize the 
President to issue a proclamation designating Memorial Day and Veterans 
Day as days for prayer and ceremonies. This legislation would help 
restore the recognition our veterans deserve for the sacrifices they 
have made on behalf of our Nation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 70

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. RESTORATION OF TRADITIONAL DAY OF OBSERVANCE OF 
                   MEMORIAL DAY.

       (a) Designation of Legal Public Holiday.--Section 6103(a) 
     of title 5, United States Code, is amended by striking 
     ``Memorial Day, the last Monday in May.'' and inserting the 
     following:
       ``Memorial Day, May 30.''.
       (b) Observances and Ceremonies.--Section 116 of title 36, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``The last Monday in 
     May'' and inserting ``May 30''; and
       (2) in subsection (b)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) calling on the people of the United States to observe 
     Memorial Day as a day of ceremonies to show respect for 
     United States veterans of wars and other military conflicts; 
     and''.
       (c) Display of Flag.--Section 6(d) of title 4, United 
     States Code, is amended by striking ``the last Monday in 
     May;'' and inserting ``May 30;''.
                                 ______
                                 
      By Mr. INOUYE (for himself and Mr. Akaka):
  S. 72. A bill to reauthorize the programs of the Department of 
Housing and Urban Development for housing assistance for Native 
Hawaiians; to the Committee on Indian Affairs.
  Mr. INOUYE. Mr. President, I rise to introduce a bill to reauthorize 
Title VIII of the Native American Housing Assistance and Self-
Determination Act. Senator Akaka joins me in sponsoring this measure. 
Title VIII provides authority for the appropriation of funds for the 
construction of low-income housing for native Hawaiians and further 
provides authority for access to loan guarantees associated with the 
construction of housing to serve native Hawaiians.
  Three studies have documented the acute housing needs of native 
Hawaiians--which include the highest rates of overcrowding and 
homelessness in the State of Hawaii. Those same studies indicate that 
inadequate housing rates for Native Hawaiians are amongst the highest 
in the Nation.
  The reauthorization of Title VIII will support the continuation of 
efforts to assure that the native people of Hawaii may one day have 
access to housing opportunities that are comparable to those now 
enjoyed by other Americans.
  Mr. President, I would ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 72

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hawaiian Homeownership 
     Opportunity Act of 2009''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR HOUSING 
                   ASSISTANCE.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``fiscal years'' and all that follows and inserting 
     the following: ``fiscal years 2009, 2010, 2011, 2012, and 
     2013.''.

     SEC. 3. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (b), by striking ``or as a result of a 
     lack of access to private financial markets'';
       (2) in subsection (c), by striking paragraph (2) and 
     inserting the following:
       ``(2) Eligible housing.--The loan will be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are--
       ``(A) standard housing; and
       ``(B) located on Hawaiian Home Lands.''; and
       (3) in subsection (j)(7), by striking ``fiscal years'' and 
     all that follows through the end of the paragraph and 
     inserting the following: ``fiscal years 2009, 2010, 2011, 
     2012, and 2013.''.

     SEC. 4. ELIGIBILITY OF DEPARTMENT OF HAWAIIAN HOME LANDS FOR 
                   TITLE VI LOAN GUARANTEES.

       Title VI of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4191 et seq.) is 
     amended--
       (1) in the title heading, by inserting ``AND NATIVE 
     HAWAIIAN'' after ``TRIBAL'';
       (2) in section 601 (25 U.S.C. 4191)--
       (A) in subsection (a)--
       (i) by striking ``or tribally designated housing entities 
     with tribal approval'' and inserting ``, by tribally 
     designated housing entities with tribal approval, or by the 
     Department of Hawaiian Home Lands,''; and
       (ii) by inserting ``or 810, as applicable,'' after 
     ``section 202'' ; and
       (B) in subsection (c), by inserting ``or title VIII, as 
     applicable'' before the period at the end;
       (3) in section 602 (25 U.S.C. 4192)--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking ``or 
     housing entity'' and inserting ``, housing entity, or 
     Department of Hawaiian Home Lands''; and
       (ii) in paragraph (3)--

       (I) by inserting ``or Department'' after ``tribe'';
       (II) by inserting ``or title VIII, as applicable,'' after 
     ``title I''; and
       (III) by inserting ``or 811(b), as applicable'' before the 
     semicolon at the end; and

       (B) in subsection (b)(2), by striking ``or housing entity'' 
     and inserting ``, housing entity, or the Department of 
     Hawaiian Home Lands'';
       (4) in the first sentence of section 603 (25 U.S.C. 4193), 
     by striking ``or housing entity'' and inserting ``, housing 
     entity, or the Department of Hawaiian Home Lands''; and
       (5) in section 605(b) (25 U.S.C. 4195(b)), by striking 
     ``1997 through 2007'' and inserting ``2009 through 2013''.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 73. A bill to establish a systematic mortgage modification program 
at the Federal Deposit Insurance Corporation, and for other purposes; 
to the Committee on Banking, Housing, and Urban Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
that will limit foreclosures and stabilize home values through Federal 
loan guarantees and standardized procedures for mortgage workout 
agreements.
  The Systematic Foreclosure Prevention and Mortgage Modification Act 
would implement the foreclosure prevention plan developed by Federal 
Deposit Insurance Corporation, FDIC, Chairman Sheila Bair.
  There are three key components of this legislation.
  Servicers would be incentivized to modify mortgages, receiving $1,000 
to help cover the costs of each loan modification; the Federal 
Government would share up to 50 percent of any loss should the 
homeowner default after receiving a modification; and participating 
servicers would be required to systematically review and modify all 
suitable loans in their portfolios, applying a standard calculation to 
help expedite loan modifications as cost-effectively as possible.
  The FDIC estimates that roughly 2.2 million home loans, worth $444 
billion, could be modified under this plan, with 1.5 million 
foreclosures avoided.
  This legislation is projected to cost at least $25 billion; however, 
no additional spending is necessary.

[[Page 113]]

  This effort would be funded solely through the Troubled Assets Relief 
Program, TARP, to ensure that one of the core objectives of the bill, 
assistance to homeowners, is achieved.
  The foreclosure crisis and declining housing market remain at the 
epicenter of the economic challenges we face. And, although the Federal 
Government has taken unprecedented steps to address this problem, they 
have not been sufficient.
  Foreclosures are in the best interest of no one.
  Neighborhoods are decimated when homes are repossessed or left 
vacant, property values decline, local economies suffer, and crime 
often increases in blighted areas. Lenders must sustain the costs of 
foreclosure and are left with the burden of reselling properties in a 
distressed market.
  Homeowners are forced to give up on the American dream, and in some 
cases, tenants are forced out of homes they have been renting.
  To date, no TARP funds have been allocated by Treasury to directly 
address the foreclosure crisis.
  This must change, and it must change now.
  According to the FDIC, the pace of loan modifications continues to be 
very slow, with only 4 percent of troubled mortgages being modified to 
prevent foreclosures each month.
  A systematic approach is needed to expedite this process. The FDIC 
has implemented such a program successfully at Indy Mac Federal Bank, 
to reduce mortgage payments as low as 31 percent of monthly income.
  Loan modifications are based on interest rate reductions, extended 
loan terms, and principal forbearance.
  Unfortunately, banks that have received TARP funds have not been 
compelled to implement foreclosure reduction measures, and adequate 
incentive structures are not in place.
  This legislation provides prudent and cost-effective steps to improve 
assistance for struggling homeowners while also stabilizing the housing 
market.
  Foreclosures have had a devastating impact on our national economy, 
and the damage in my state has been particularly severe.
  California accounts for 1/3 of all foreclosure activity in the United 
States.
  Roughly 800,000 foreclosures will be filed in my state in 2008--a 70 
percent increase over 2007, when 481,392 foreclosures were filed in 
California.
  The foreclosure rate in California is the fourth highest in the 
Nation, with one foreclosure filing for every 218 households.
  In fact, 6 of the 10 metropolitan areas with the highest foreclosure 
rate in the Nation are in California.
  This includes: Merced--one out of every 76 homes in foreclosure; 
Modesto--one out of every 93 homes in foreclosure; Stockton--one out of 
every 94 homes in foreclosure; Riverside and San Bernardino--one out of 
every 107 homes in foreclosure; Bakersfield--one out of every 129 homes 
in foreclosure; and Vallejo and Fairfield--one out of every 133 homes 
in foreclosure.
  And, the situation is only getting worse.
  Property values have plummeted across California, making it difficult 
for many residents with adjustable rate mortgages to refinance into 
more stable, fixed rate products.
  One California community is in a special category of need: the city 
of Stockton, which has been referred to as ``America's foreclosure 
capital.''
  The foreclosure crisis has devastated this city of more than 260,000 
residents.
  Home foreclosures impact neighbors and reduce property values.
  But, the spillover effect in Stockton has been overwhelming.
  Jobs: The downturn in the construction industry has contributed to an 
unemployment rate of 11.9 percent in San Joaquin County, well above the 
national average.
  Schools: Foreclosures have displaced many students who were forced to 
change schools or leave the area when their families lost their homes.
  The student population of Stockton Unified School District, the 
biggest in San Joaquin County, was down about 200 students last year.
  Student displacement has a direct impact on school budgets, which are 
linked to student attendance.
  Most unfortunately, the emotional impact on children being forced to 
switch schools in the middle of the year can be tremendous.
  Public Services: High foreclosure rates have taken a toll on the city 
of Stockton's budget.
  Stockton now faces a nearly $25 million budget deficit.
  City officials have been forced to consider voluntary buyouts for 
municipal employees and mandatory 10-day furloughs to help close the 
gap.
  Because property values have fallen--due to foreclosures and 
increased inventory--Stockton also is facing lower tax revenues, which 
are depended upon to fill the city's $186 million general fund.
  This could have a dramatic effect on the city's emergency services; 
about 75 percent of Stockton's general fund pays for police and fire 
services.
  It is essential that we not forget communities such as Stockton. We 
cannot sit idly by and watch them fall through the cracks.
  This legislation is a much-needed step forward to provide relief to 
Main Street.
  Millions of Americans have lost their homes to foreclosure, and 
millions more are at risk of losing their homes in the coming months.
  Part of this problem was driven by abusive and predatory lending 
practices.
  Part of the problem can be attributed to lax underwriting standards 
and regulators who were asleep at the wheel.
  Part of this problem was due to individuals who made bad choices.
  But, this is a problem that now impacts--either directly or 
indirectly--all hard-working American families.
  These are significant challenges we face, and innovative solutions 
are required.
  This bill will serve as a companion to legislation introduced in the 
House by my colleague from California, Representative Maxine Waters.
  I look forward to working with her, and my colleagues on both sides 
of the aisle, to pass this important legislation as soon as possible.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 73

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Systematic Foreclosure 
     Prevention and Mortgage Modification Act''.

     SEC. 2. SYSTEMATIC FORECLOSURE PREVENTION AND MORTGAGE 
                   MODIFICATION PLAN ESTABLISHED.

       (a) In General.--The Chairperson of the Federal Deposit 
     Insurance Corporation shall establish a systematic 
     foreclosure prevention and mortgage modification program by--
       (1) paying servicers $1,000 to cover expenses for each loan 
     modified according to the required standards; and
       (2) sharing up to 50 percent of any losses incurred if a 
     modified loan should subsequently re-default.
       (b) Program Components.--The program established under 
     subsection (a) shall include the following components:
       (1) Eligible borrowers.--The program shall be limited to 
     loans secured by owner-occupied properties.
       (2) Exclusion for early payment default.--To promote 
     sustainable mortgages, government loss sharing shall be 
     available only after the borrower has made a minimum of 6 
     payments on the modified mortgage.
       (3) Standard net present value test.--In order to promote 
     consistency and simplicity in implementation and audit, a 
     standard test comparing the expected net present value of 
     modifying past due loans compared to the net present value of 
     foreclosing on them will be applied. Under this test, 
     standard assumptions shall be used to ensure that a 
     consistent standard for affordability is provided based on a 
     31 percent borrower mortgage debt-to-income ratio.
       (4) Systematic loan review by participating servicers.--
     Participating servicers shall be required to undertake a 
     systematic review of all of the loans under their management, 
     to subject each loan to a standard net present value test to 
     determine whether it is a suitable candidate for 
     modification, and to modify all loans that pass this test. 
     The penalty for failing to undertake such a systematic review 
     and to carry out modifications where they are justified would 
     be disqualification from further participation in

[[Page 114]]

     the program until such a systematic program was introduced.
       (5) Modifications.--Modifications may include any of the 
     following:
       (A) Reduction in interest rates and fees.
       (B) Forbearance of principal.
       (C) Extension of the term to maturity.
       (D) Other similar modifications.
       (6) Reduced loss share percentage for ``underwater 
     loans''.--For loan-to-value ratios above 100 percent, the 
     government loss share shall be progressively reduced from 50 
     percent to 20 percent as the current loan-to-value ratio 
     rises, except that loss sharing shall not be available if the 
     loan-to-value ratio of the first lien exceeds 150 percent.
       (7) Simplified loss share calculation.--In order to ensure 
     the administrative efficiency of this program, the 
     calculation of loss share basis would be as simple as 
     possible. In general terms, the calculation shall be based on 
     the difference between the net present value, as defined by 
     the Chairperson of the Federal Deposit Insurance Corporation, 
     of the modified loan and the amount of recoveries obtained in 
     a disposition by refinancing, short sale, or real estate 
     owned sale, net of disposal costs as estimated according to 
     industry standards. Interim modifications shall be allowed.
       (8) De minimis test.--To lower administrative costs, a de 
     minimis test shall be used to exclude from loss sharing any 
     modification that does not lower the monthly payment at least 
     10 percent.
       (9) 8-year limit on loss sharing payment.--The loss sharing 
     guarantee shall terminate at the end of the 8-year period 
     beginning on the date the modification was consummated.
       (c) Regulations.--The Corporation shall prescribe such 
     regulations as may be necessary to implement this Act and 
     prevent evasions thereof.
       (d) Troubled Assets.--The costs incurred by the Federal 
     Government in carrying out the loan modification program 
     established under this section shall be covered out of the 
     funds made available to the Secretary of the Treasury under 
     section 118 of the Emergency Economic Stabilization Act of 
     2008.
       (e) Modifications to Program.--The Chairperson of the 
     Federal Deposit Insurance Corporation may make any 
     modification to the program established under subsection (a) 
     that the Chairperson determines are appropriate for the 
     purpose of maximizing the number of foreclosures prevented.
       (f) Report.--Before the end of the 6-month period beginning 
     on the date of the enactment of this Act, the Chairperson of 
     the Federal Deposit Insurance Corporation shall submit a 
     progress report to the Congress containing such findings and 
     such recommendations for legislative or administrative action 
     as the Chairperson may determine to be appropriate.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself, Mr. Vitter, Mr. Martinez, Mr. 
        Cornyn, and Mr. Ensign):
  S. 74. A bill to provide permanent tax relief from the marriage 
penalty; to the Committee on Finance.
  Mrs. HUTCHISON. Mr. President, I am pleased to introduce a bill to 
provide permanent tax relief from the marriage penalty--the most 
egregious, anti-family provision in the tax code. One of my highest 
priorities in the United States Senate has been to relieve American 
taxpayers of this punitive burden.
  We have made important strides to eliminate this unfair tax and 
provide marriage penalty relief by raising the standard deduction and 
enlarging the 15 percent tax bracket for married joint filers to twice 
that of single filers. Before these provisions were changed, 42 percent 
of married couples paid an average penalty of $1,400.
  Enacting marriage penalty relief was a giant step for tax fairness, 
but it may be fleeting. Even as married couples use the money they now 
save to put food on the table and clothes on their children, a tax 
increase looms in the future. Since the 2001 tax relief bill was 
restricted, the marriage penalty provisions will only be in effect 
through 2010. In 2011, marriage will again be a taxable event and a 
significant number of married couples will again pay more in taxes 
unless we act decisively. Given the challenges many families face in 
making ends meet, we must make sure we do not backtrack on this 
important reform.
  The benefits of marriage are well established, yet, without marriage 
penalty relief, the tax code provides a significant disincentive for 
people to walk down the aisle. Marriage is a fundamental institution in 
our society and should not be discouraged by the IRS. Children living 
in a married household are far less likely to live in poverty or to 
suffer from child abuse. Research indicates these children are also 
less likely to be depressed or have developmental problems. Scourges 
such as adolescent drug use are less common in married families, and 
married mothers are less likely to be victims of domestic violence.
  We should celebrate marriage, not penalize it. The bill I am offering 
would make marriage penalty relief permanent, because marriage should 
not be a taxable event. I call on the Senate to finish the job we 
started and make marriage penalty relief permanent today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 74

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Permanent Marriage Penalty 
     Relief Act of 2009''.

     SEC. 2. REPEAL OF SUNSET ON MARRIAGE PENALTY RELIEF.

       Title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 (relating to sunset of provisions 
     of such Act) shall not apply to--
       (1) sections 301, 302, and 303 of such Act (relating to 
     marriage penalty relief), and
       (2) sections 101(b) and 101(c) of the Working Families Tax 
     Relief Act of 2004 (relating to marriage penalty relief in 
     the standard deduction and 15-percent income tax bracket, 
     respectively).
                                 ______
                                 
      By Mr. KOHL:
  S. 75. A bill to amend title XVIII of the Social Security Act to 
require the use of generic drugs under the Medicare part D prescription 
drug program when available unless the brand name drug is determined to 
be medically necessary; to the Committee on Finance.
  Mr. KOHL. Mr. President, I rise today to introduce the Generics First 
Act. This legislation requires the Federal Government's Medicare Part D 
prescription drug program to use generic drugs whenever available, 
unless a brand-name drug is determined to be medically necessary by a 
physician. Modeled after similar provisions in many state-administered 
Medicaid programs, this measure would reduce the high costs of the new 
prescription drug program and keep seniors from reaching the current 
coverage gap, or ``donut hole,'' by guiding beneficiaries toward cost-
saving generic drug alternatives.
  We know that the cost of prescription drugs is prohibitive, placing a 
financial strain on seniors, families, and businesses that are 
struggling to pay their health care bills. According to the National 
Bureau of Economic Research, spending on prescription drugs totaled 
$227.5 billion in 2007. People need help now and we must respond by 
expanding access to generic drugs. Generics, which on average cost 60 
percent less than their brand-name counterparts, are a big part of the 
solution to health care costs that are spiraling out of control.
  Generic drugs that are approved by the FDA must meet the same 
rigorous standards for safety and effectiveness as brand-name drugs. In 
addition to being safe and effective, the generic must have the same 
active ingredient or ingredients, be the same strength, and have the 
same labeling for the approved uses as the brand-name drug. In other 
words, generics perform the same medicinal purposes as their respective 
brand-name product.
  We know generic drugs have the potential to save seniors thousands of 
dollars and curb health spending for the Federal Government, employers, 
and families. Every year, more blockbuster drugs are coming off patent, 
setting up the potential for billions of dollars in savings. This 
legislation is just one part of a larger agenda I'm pushing to remove 
the obstacles that prevent generics from getting to market, and I urge 
my colleagues to support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 75

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page 115]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Generics First Act of 
     2009''.

     SEC. 2. REQUIRED USE OF GENERIC DRUGS UNDER THE MEDICARE PART 
                   D PRESCRIPTION DRUG PROGRAM.

       (a) In General.--Section 1860D-2(e)(2) of the Social 
     Security Act (42 U.S.C. 1395w-102(e)(2)) is amended by adding 
     at the end the following new subparagraph:
       ``(C) Non-generic drugs unless certain requirements are 
     met.--
       ``(i) In general.--Such term does not include a drug that 
     is a nongeneric drug unless--

       ``(I) no generic drug has been approved under the Federal 
     Food, Drug, and Cosmetic Act with respect to the drug; or
       ``(II) the nongeneric drug is determined to be medically 
     necessary by the individual prescribing the drug and prior 
     authorization for the drug is obtained from the Secretary.

       ``(ii) Definitions.--In this subparagraph:

       ``(I) Generic drug.--The term `generic drug' means a drug 
     that is the subject of an application approved under 
     subsection (b)(2) or (j) of section 505 of the Federal Food, 
     Drug, and Cosmetic Act, for which the Secretary has made a 
     determination that the drug is the therapeutic equivalent of 
     a listed drug under section 505(j)(7) of such Act.
       ``(II) Nongeneric drug.--The term `nongeneric drug' means a 
     drug that is the subject of an application approved under--

       ``(aa) section 505(b)(1) of the Federal Food, Drug, and 
     Cosmetic Act; or
       ``(bb) section 505(b)(2) of such Act and that has been 
     determined to be not therapeutically equivalent to any listed 
     drug.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to drugs dispensed on or after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. INOUYE:
  S. 76. A bill to amend the Native Hawaiian Health Care Improvement 
Act to revise and extend that Act; to the Committee on Indian Affairs.
  Mr. INOUYE. Mr. President, I rise today, again, to introduce a bill 
to reauthorize the Native Hawaiian Health Care Improvement Act. Senator 
Akaka joins me in sponsoring this measure.
  The Native Hawaiian Health Care Improvement Act was enacted into law 
in 1988, and has been reauthorized several times throughout the years.
  The Act provides authority for a range of programs and services 
designed to improve the health care status of the native people of 
Hawaii.
  With the enactment of the Native Hawaiian Health Care Improvement Act 
and the establishment of native Hawaiian health care systems on most of 
the islands that make up the State of Hawaii, we have witnessed 
significant improvements in the health status of native Hawaiians, but 
as the findings of unmet needs and health disparities set forth in this 
bill make clear, we still have a long way to go.
  For instance, native Hawaiians have the highest cancer mortality 
rates in the State of Hawaii--rates that are 22 percent higher than the 
rate for the total State male population and 64 percent higher than the 
rate for the total State female population. Nationally, native 
Hawaiians have the third highest mortality rate as a result of breast 
cancer.
  With respect to diabetes, in 2004 native Hawaiians had the highest 
mortality rate associated with diabetes in the State--a rate which is 
119 percent higher than the statewide rate for all racial groups.
  When it comes to heart disease, the mortality rate of native 
Hawaiians associated with heart disease is 86 percent higher than the 
rate for the entire State and the mortality rate for hypertension is 46 
percent higher than that for the entire State.
  These statistics on the health status of native Hawaiians are but a 
small part of the long list of data that makes clear that our objective 
of assuring that the native people of Hawaii attain some parity of good 
health comparable to that of the larger U.S. population has not yet 
been achieved.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 76

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native Hawaiian Health Care 
     Improvement Reauthorization Act of 2009''.

     SEC. 2. AMENDMENT TO THE NATIVE HAWAIIAN HEALTH CARE 
                   IMPROVEMENT ACT.

       The Native Hawaiian Health Care Improvement Act (42 U.S.C. 
     11701 et seq.) is amended to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the `Native 
     Hawaiian Health Care Improvement Act'.
       ``(b) Table of Contents.--The table of contents of this Act 
     is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings.
``Sec. 3. Definitions.
``Sec. 4. Declaration of national Native Hawaiian health policy.
``Sec. 5. Comprehensive health care master plan for Native Hawaiians.
``Sec. 6. Functions of Papa Ola Lokahi.
``Sec. 7. Native Hawaiian health care.
``Sec. 8. Administrative grant for Papa Ola Lokahi.
``Sec. 9. Administration of grants and contracts.
``Sec. 10. Assignment of personnel.
``Sec. 11. Native Hawaiian health scholarships and fellowships.
``Sec. 12. Report.
``Sec. 13. Use of Federal Government facilities and sources of supply.
``Sec. 14. Demonstration projects of national significance.
``Sec. 15. Rule of construction.
``Sec. 16. Compliance with Budget Act.
``Sec. 17. Severability.

     ``SEC. 2. FINDINGS.

       ``(a) In General.--Congress finds that--
       ``(1) Native Hawaiians begin their story with the Kumulipo, 
     which details the creation and interrelationship of all 
     things, including the evolvement of Native Hawaiians as 
     healthy and well people;
       ``(2) Native Hawaiians--
       ``(A) are a distinct and unique indigenous people with a 
     historical continuity to the original inhabitants of the 
     Hawaiian archipelago within Ke Moananui, the Pacific Ocean; 
     and
       ``(B) have a distinct society that was first organized 
     almost 2,000 years ago;
       ``(3) the health and well-being of Native Hawaiians are 
     intrinsically tied to the deep feelings and attachment of 
     Native Hawaiians to their lands and seas;
       ``(4) the long-range economic and social changes in Hawai'i 
     over the 19th and early 20th centuries have been devastating 
     to the health and well-being of Native Hawaiians;
       ``(5) Native Hawaiians have never directly relinquished to 
     the United States their claims to their inherent sovereignty 
     as a people or over their national territory, either through 
     their monarchy or through a plebiscite or referendum;
       ``(6) the Native Hawaiian people are determined to 
     preserve, develop, and transmit to future generations, in 
     accordance with their own spiritual and traditional beliefs, 
     their customs, practices, language, social institutions, 
     ancestral territory, and cultural identity;
       ``(7) in referring to themselves, Native Hawaiians use the 
     term `Kanaka Maoli', a term frequently used in the 19th 
     century to describe the native people of Hawai'i;
       ``(8) the constitution and statutes of the State of 
     Hawai'i--
       ``(A) acknowledge the distinct land rights of Native 
     Hawaiian people as beneficiaries of the public lands trust; 
     and
       ``(B) reaffirm and protect the unique right of the Native 
     Hawaiian people to practice and perpetuate their cultural and 
     religious customs, beliefs, practices, and language;
       ``(9) at the time of the arrival of the first nonindigenous 
     people in Hawai'i in 1778, the Native Hawaiian people lived 
     in a highly organized, self-sufficient, subsistence social 
     system based on communal land tenure with a sophisticated 
     language, culture, and religion;
       ``(10) a unified monarchical government of the Hawaiian 
     Islands was established in 1810 under Kamehameha I, the first 
     King of Hawai'i;
       ``(11) throughout the 19th century until 1893, the United 
     States--
       ``(A) recognized the independence of the Hawaiian Nation;
       ``(B) extended full and complete diplomatic recognition to 
     the Hawaiian Government; and
       ``(C) entered into treaties and conventions with the 
     Hawaiian monarchs to govern commerce and navigation in 1826, 
     1842, 1849, 1875, and 1887;
       ``(12) in 1893, John L. Stevens, the United States Minister 
     assigned to the sovereign and independent Kingdom of Hawai'i, 
     conspired with a small group of non-Hawaiian residents of the 
     Kingdom, including citizens of the United States, to 
     overthrow the indigenous and lawful government of Hawai'i;
       ``(13) in pursuance of that conspiracy--
       ``(A) the United States Minister and the naval 
     representative of the United States caused armed forces of 
     the United States Navy to invade the sovereign Hawaiian 
     Nation in support of the overthrow of the indigenous and 
     lawful Government of Hawai'i; and
       ``(B) after that overthrow, the United States Minister 
     extended diplomatic recognition of a provisional government 
     formed by the conspirators without the consent of the native 
     people of Hawai'i or the lawful Government of Hawai'i, in 
     violation of--

[[Page 116]]

       ``(i) treaties between the Government of Hawai'i and the 
     United States; and
       ``(ii) international law;
       ``(14) in a message to Congress on December 18, 1893, 
     President Grover Cleveland--
       ``(A) reported fully and accurately on those illegal 
     actions;
       ``(B) acknowledged that by those acts, described by the 
     President as acts of war, the government of a peaceful and 
     friendly people was overthrown; and
       ``(C) concluded that a `substantial wrong has thus been 
     done which a due regard for our national character as well as 
     the rights of the injured people required that we should 
     endeavor to repair';
       ``(15) Queen Lili`uokalani, the lawful monarch of Hawai'i, 
     and the Hawaiian Patriotic League, representing the 
     aboriginal citizens of Hawai'i, promptly petitioned the 
     United States for redress of those wrongs and restoration of 
     the indigenous government of the Hawaiian nation, but no 
     action was taken on that petition;
       ``(16) in 1993, Congress enacted Public Law 103-150 (107 
     Stat. 1510), in which Congress--
       ``(A) acknowledged the significance of those events; and
       ``(B) apologized to Native Hawaiians on behalf of the 
     people of the United States for the overthrow of the Kingdom 
     of Hawai'i with the participation of agents and citizens of 
     the United States, and the resulting deprivation of the 
     rights of Native Hawaiians to self-determination;
       ``(17) between 1897 and 1898, when the total Native 
     Hawaiian population in Hawai'i was less than 40,000, more 
     than 38,000 Native Hawaiians signed petitions (commonly known 
     as `Ku'e Petitions') protesting annexation by the United 
     States and requesting restoration of the monarchy;
       ``(18) despite Native Hawaiian protests, in 1898, the 
     United States--
       ``(A) annexed Hawai'i through Resolution No. 55 (commonly 
     known as the `Newlands Resolution') (30 Stat. 750), without 
     the consent of, or compensation to, the indigenous people of 
     Hawai'i or the sovereign government of those people; and
       ``(B) denied those people the mechanism for expression of 
     their inherent sovereignty through self-government and self-
     determination of their lands and ocean resources;
       ``(19) through the Newlands Resolution and the Act of April 
     30, 1900 (commonly known as the `1900 Organic Act') (31 Stat. 
     141, chapter 339), the United States--
       ``(A) received 1,750,000 acres of land formerly owned by 
     the Crown and Government of the Hawaiian Kingdom; and
       ``(B) exempted the land from then-existing public land laws 
     of the United States by mandating that the revenue and 
     proceeds from that land be `used solely for the benefit of 
     the inhabitants of the Hawaiian Islands for education and 
     other public purposes', thereby establishing a special trust 
     relationship between the United States and the inhabitants of 
     Hawai'i;
       ``(20) in 1921, Congress enacted the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42), which--
       ``(A) designated 200,000 acres of the ceded public land for 
     exclusive homesteading by Native Hawaiians; and
       ``(B) affirmed the trust relationship between the United 
     States and Native Hawaiians, as expressed by Secretary of the 
     Interior Franklin K. Lane, who was cited in the Committee 
     Report of the Committee on Territories of the House of 
     Representatives as stating, `One thing that impressed me . . 
     . was the fact that the natives of the islands . . . for whom 
     in a sense we are trustees, are falling off rapidly in 
     numbers and many of them are in poverty.';
       ``(21) in 1938, Congress again acknowledged the unique 
     status of the Native Hawaiian people by including in the Act 
     of June 20, 1938 (52 Stat. 781), a provision--
       ``(A) to lease land within the extension to Native 
     Hawaiians; and
       ``(B) to permit fishing in the area `only by native 
     Hawaiian residents of said area or of adjacent villages and 
     by visitors under their guidance';
       ``(22) under the Act of March 18, 1959 (48 U.S.C. prec. 491 
     note; 73 Stat. 4), the United States--
       ``(A) transferred responsibility for the administration of 
     the Hawaiian home lands to the State; but
       ``(B) reaffirmed the trust relationship that existed 
     between the United States and the Native Hawaiian people by 
     retaining the exclusive power to enforce the trust, including 
     the power to approve land exchanges and legislative 
     amendments affecting the rights of beneficiaries under that 
     Act;
       ``(23) under the Act referred to in paragraph (22), the 
     United States--
       ``(A) transferred responsibility for administration over 
     portions of the ceded public lands trust not retained by the 
     United States to the State; but
       ``(B) reaffirmed the trust relationship that existed 
     between the United States and the Native Hawaiian people by 
     retaining the legal responsibility of the State for the 
     betterment of the conditions of Native Hawaiians under 
     section 5(f) of that Act (73 Stat. 6);
       ``(24) in 1978, the people of Hawai'i--
       ``(A) amended the constitution of Hawai'i to establish the 
     Office of Hawaiian Affairs; and
       ``(B) assigned to that Office the authority--
       ``(i) to accept and hold in trust for the Native Hawaiian 
     people real and personal property transferred from any 
     source;
       ``(ii) to receive payments from the State owed to the 
     Native Hawaiian people in satisfaction of the pro rata share 
     of the proceeds of the public land trust established by 
     section 5(f) of the Act of March 18, 1959 (48 U.S.C. prec. 
     491 note; 73 Stat. 6);
       ``(iii) to act as the lead State agency for matters 
     affecting the Native Hawaiian people; and
       ``(iv) to formulate policy on affairs relating to the 
     Native Hawaiian people;
       ``(25) the authority of Congress under the Constitution to 
     legislate in matters affecting the aboriginal or indigenous 
     people of the United States includes the authority to 
     legislate in matters affecting the native people of Alaska 
     and Hawai'i;
       ``(26) the United States has recognized the authority of 
     the Native Hawaiian people to continue to work toward an 
     appropriate form of sovereignty, as defined by the Native 
     Hawaiian people in provisions set forth in legislation 
     returning the Hawaiian Island of Kaho`olawe to custodial 
     management by the State in 1994;
       ``(27) in furtherance of the trust responsibility for the 
     betterment of the conditions of Native Hawaiians, the United 
     States has established a program for the provision of 
     comprehensive health promotion and disease prevention 
     services to maintain and improve the health status of the 
     Hawaiian people;
       ``(28) that program is conducted by the Native Hawaiian 
     Health Care Systems and Papa Ola Lokahi;
       ``(29) health initiatives implemented by those and other 
     health institutions and agencies using Federal assistance 
     have been responsible for reducing the century-old morbidity 
     and mortality rates of Native Hawaiian people by--
       ``(A) providing comprehensive disease prevention;
       ``(B) providing health promotion activities; and
       ``(C) increasing the number of Native Hawaiians in the 
     health and allied health professions;
       ``(30) those accomplishments have been achieved through 
     implementation of--
       ``(A) the Native Hawaiian Health Care Act of 1988 (Public 
     Law 100-579); and
       ``(B) the reauthorization of that Act under section 9168 of 
     the Department of Defense Appropriations Act, 1993 (Public 
     Law 102-396; 106 Stat. 1948);
       ``(31) the historical and unique legal relationship between 
     the United States and Native Hawaiians has been consistently 
     recognized and affirmed by Congress through the enactment of 
     more than 160 Federal laws that extend to the Native Hawaiian 
     people the same rights and privileges accorded to American 
     Indian, Alaska Native, Eskimo, and Aleut communities, 
     including--
       ``(A) the Native American Programs Act of 1974 (42 U.S.C. 
     2991 et seq.);
       ``(B) the American Indian Religious Freedom Act (42 U.S.C. 
     1996);
       ``(C) the National Museum of the American Indian Act (20 
     U.S.C. 80q et seq.); and
       ``(D) the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.);
       ``(32) the United States has recognized and reaffirmed the 
     trust relationship to the Native Hawaiian people through 
     legislation that authorizes the provision of services to 
     Native Hawaiians, specifically--
       ``(A) the Older Americans Act of 1965 (42 U.S.C. 3001 et 
     seq.);
       ``(B) the Developmental Disabilities Assistance and Bill of 
     Rights Act Amendments of 1987 (42 U.S.C. 6000 et seq.);
       ``(C) the Veterans' Benefits and Services Act of 1988 
     (Public Law 100-322);
       ``(D) the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
     seq.);
       ``(E) the Native Hawaiian Health Care Act of 1988 (42 
     U.S.C. 11701 et seq.);
       ``(F) the Health Professions Reauthorization Act of 1988 
     (Public Law 100-607; 102 Stat. 3122);
       ``(G) the Nursing Shortage Reduction and Education 
     Extension Act of 1988 (Public Law 100-607; 102 Stat. 3153);
       ``(H) the Handicapped Programs Technical Amendments Act of 
     1988 (Public Law 100-630);
       ``(I) the Indian Health Care Amendments of 1988 (Public Law 
     100-713); and
       ``(J) the Disadvantaged Minority Health Improvement Act of 
     1990 (Public Law 101-527);
       ``(33) the United States has affirmed that historical and 
     unique legal relationship to the Hawaiian people by 
     authorizing the provision of services to Native Hawaiians to 
     address problems of alcohol and drug abuse under the Anti-
     Drug Abuse Act of 1986 (21 U.S.C. 801 note; Public Law 99-
     570);
       ``(34) in addition, the United States--
       ``(A) has recognized that Native Hawaiians, as aboriginal, 
     indigenous, native people of Hawai'i, are a unique population 
     group in Hawai'i and in the continental United States; and
       ``(B) has so declared in--
       ``(i) the documents of the Office of Management and Budget 
     entitled--

       ``(I) `Standards for Maintaining, Collecting, and 
     Presenting Federal Data on

[[Page 117]]

     Race and Ethnicity' and dated October 30, 1997; and
       ``(II) `Provisional Guidance on the Implementation of the 
     1997 Standards for Federal Data on Race and Ethnicity' and 
     dated December 15, 2000;

       ``(ii) the document entitled `Guidance on Aggregation and 
     Allocation of Data on Race for Use in Civil Rights Monitoring 
     and Enforcement' (Bulletin 00-02 to the Heads of Executive 
     Departments and Establishments) and dated March 9, 2000;
       ``(iii) the document entitled `Questions and Answers when 
     Designing Surveys for Information Collections' (Memorandum 
     for the President's Management Council) and dated January 20, 
     2006;
       ``(iv) Executive order number 13125 (64 Fed. Reg. 31105; 
     relating to increasing participation of Asian Americans and 
     Pacific Islanders in Federal programs) (June 7, 1999);
       ``(v) the document entitled `HHS Tribal Consultation 
     Policy' and dated January 2005; and
       ``(vi) the Department of Health and Human Services 
     Intradepartment Council on Native American Affairs, Revised 
     Charter, dated March 7, 2005; and
       ``(35) despite the United States having expressed in Public 
     Law 103-150 (107 Stat. 1510) its commitment to a policy of 
     reconciliation with the Native Hawaiian people for past 
     grievances--
       ``(A) the unmet health needs of the Native Hawaiian people 
     remain severe; and
       ``(B) the health status of the Native Hawaiian people 
     continues to be far below that of the general population of 
     the United States.
       ``(b) Finding of Unmet Needs and Health Disparities.--
     Congress finds that the unmet needs and serious health 
     disparities that adversely affect the Native Hawaiian people 
     include the following:
       ``(1) Chronic disease and illness.--
       ``(A) Cancer.--
       ``(i) In general.--With respect to all cancer--

       ``(I) as an underlying cause of death in the State, the 
     cancer mortality rate of Native Hawaiians of 218.3 per 
     100,000 residents is 50 percent higher than the rate for the 
     total population of the State of 145.4 per 100,000 residents;
       ``(II) Native Hawaiian males have the highest cancer 
     mortality rates in the State for cancers of the lung, colon, 
     and rectum, and for all cancers combined;
       ``(III) Native Hawaiian females have the highest cancer 
     mortality rates in the State for cancers of the lung, breast, 
     colon, rectum, pancreas, stomach, ovary, liver, cervix, 
     kidney, and uterus, and for all cancers combined; and
       ``(IV) for the period of 1995 through 2000--

       ``(aa) the cancer mortality rate for all cancers for Native 
     Hawaiian males of 217 per 100,000 residents was 22 percent 
     higher than the rate for all males in the State of 179 per 
     100,000 residents; and
       ``(bb) the cancer mortality rate for all cancers for Native 
     Hawaiian females of 192 per 100,000 residents was 64 percent 
     higher than the rate for all females in the State of 117 per 
     100,000 residents.
       ``(ii) Breast cancer.--With respect to breast cancer--

       ``(I) Native Hawaiians have the highest mortality rate in 
     the State from breast cancer (30.79 per 100,000 residents), 
     which is 33 percent higher than the rate for Caucasian 
     Americans (23.07 per 100,000 residents) and 106 percent 
     higher than the rate for Chinese Americans (14.96 per 100,000 
     residents); and
       ``(II) nationally, Native Hawaiians have the third-highest 
     mortality rate as a result of breast cancer (25.0 per 100,000 
     residents), behind African Americans (31.4 per 100,000 
     residents) and Caucasian Americans (27.0 per 100,000 
     residents).

       ``(iii) Cancer of the cervix.--Native Hawaiians have the 
     highest mortality rate as a result of cancer of the cervix in 
     the State (3.65 per 100,000 residents), followed by Filipino 
     Americans (2.69 per 100,000 residents) and Caucasian 
     Americans (2.61 per 100,000 residents).
       ``(iv) Lung cancer.--Native Hawaiian males and females have 
     the highest mortality rates as a result of lung cancer in the 
     State, at 74.79 per 100,000 for males and 47.84 per 100,000 
     females, which are higher than the rates for the total 
     population of the State by 48 percent for males and 93 
     percent for females.
       ``(v) Prostate cancer.--Native Hawaiian males have the 
     third-highest mortality rate as a result of prostate cancer 
     in the State (21.48 per 100,000 residents), with Caucasian 
     Americans having the highest mortality rate as a result of 
     prostate cancer (23.96 per 100,000 residents).
       ``(B) Diabetes.--With respect to diabetes, in 2004--
       ``(i) Native Hawaiians had the highest mortality rate as a 
     result of diabetes mellitis (28.9 per 100,000 residents) in 
     the State, which is 119 percent higher than the rate for all 
     racial groups in the State (13.2 per 100,000 residents);
       ``(ii) the prevalence of diabetes for Native Hawaiians was 
     12.7 percent, which is 87 percent higher than the total 
     prevalence for all residents of the State of 6.8 percent; and
       ``(iii) a higher percentage of Native Hawaiians with 
     diabetes experienced diabetic retinopathy, as compared to 
     other population groups in the State.
       ``(C) Asthma.--With respect to asthma and lower respiratory 
     disease--
       ``(i) in 2004, mortality rates for Native Hawaiians (31.6 
     per 100,000 residents) from chronic lower respiratory disease 
     were 52 percent higher than rates for the total population of 
     the State (20.8 per 100,000 residents); and
       ``(ii) in 2005, the prevalence of current asthma in Native 
     Hawaiian adults was 12.8 percent, which is 71 percent higher 
     than the prevalence of the total population of the State of 
     7.5 percent.
       ``(D) Circulatory diseases.--
       ``(i) Heart disease.--With respect to heart disease--

       ``(I) in 2004, the mortality rate for Native Hawaiians as a 
     result of heart disease (305.5 per 100,000 residents) was 86 
     percent higher than the rate for the total population of the 
     State (164.3 per 100,000 residents); and
       ``(II) in 2005, the prevalence for heart attack was 4.4 
     percent for Native Hawaiians, which is 22 percent higher than 
     the prevalence for the total population of 3.6 percent.

       ``(ii) Cerebrovascular diseases.--With respect to 
     cerebrovascular diseases--

       ``(I) the mortality rate from cerebrovascular diseases for 
     Native Hawaiians (75.6 percent) was 64 percent higher than 
     the rate for the total population of the State (46 percent); 
     and
       ``(II) in 2005, the prevalence for stroke was 4.9 percent 
     for Native Hawaiians, which is 69 percent higher than the 
     prevalence for the total population of the State (2.9 
     percent).

       ``(iii) Other circulatory diseases.--With respect to other 
     circulatory diseases (including high blood pressure and 
     atherosclerosis)--

       ``(I) in 2004, the mortality rate for Native Hawaiians of 
     20.6 per 100,000 residents was 46 percent higher than the 
     rate for the total population of the State of 14.1 per 
     100,000 residents; and
       ``(II) in 2005, the prevalence of high blood pressure for 
     Native Hawaiians was 26.7 percent, which is 10 percent higher 
     than the prevalence for the total population of the State of 
     24.2 percent.

       ``(2) Infectious disease and illness.--With respect to 
     infectious disease and illness--
       ``(A) in 1998, Native Hawaiians comprised 20 percent of all 
     deaths resulting from infectious diseases in the State for 
     all ages; and
       ``(B) the incidence of acquired immune deficiency syndrome 
     for Native Hawaiians is at least twice as high per 100,000 
     residents (10.5 percent) than the incidence for any other 
     non-Caucasian group in the State.
       ``(3) Injuries.--With respect to injuries--
       ``(A) the mortality rate for Native Hawaiians as a result 
     of injuries (32 per 100,000 residents) is 16 percent higher 
     than the rate for the total population of the State (27.5 per 
     100,000 residents);
       ``(B) 32 percent of all deaths of individuals between the 
     ages of 18 and 24 years resulting from injuries were Native 
     Hawaiian; and
       ``(C) the 2 primary causes of Native Hawaiian deaths in 
     that age group were motor vehicle accidents (30 percent) and 
     intentional self-harm (39 percent).
       ``(4) Dental health.--With respect to dental health--
       ``(A) Native Hawaiian children experience significantly 
     higher rates of dental caries and unmet treatment needs as 
     compared to other children in the continental United States 
     and other ethnic groups in the State;
       ``(B) the prevalence rate of dental caries in the primary 
     (baby) teeth of Native Hawaiian children aged 5 to 9 years of 
     4.2 per child is more than twice the national average rate of 
     1.9 per child in that age range;
       ``(C) 81.9 percent of Native Hawaiian children aged 6 to 8 
     have 1 or more decayed teeth, as compared to--
       ``(i) 53 percent for children in that age range in the 
     continental United States; and
       ``(ii) 72.7 percent of other children in that age range in 
     the State; and
       ``(D) 21 percent of Native Hawaiian children aged 5 
     demonstrate signs of baby bottle tooth decay, which is 
     generally characterized as severe, progressive dental disease 
     in early childhood and associated with high rates of dental 
     disorders, as compared to 5 percent for children of that age 
     in the continental United States.
       ``(5) Life expectancy.--With respect to life expectancy--
       ``(A) Native Hawaiians have the lowest life expectancy of 
     all population groups in the State;
       ``(B) between 1910 and 1980, the life expectancy of Native 
     Hawaiians from birth has ranged from 5 to 10 years less than 
     that of the overall State population average;
       ``(C) the most recent tables for 1990 show Native Hawaiian 
     life expectancy at birth (74.27 years) to be approximately 5 
     years less than that of the total State population (78.85 
     years); and
       ``(D) except as provided in the life expectancy calculation 
     for 1920, Native Hawaiians have had the shortest life 
     expectancy of all major ethnic groups in the United States 
     since 1910.
       ``(6) Maternal and child health.--
       ``(A) In general.--With respect to maternal and child 
     health, in 2000--
       ``(i) 39 percent of all deaths of children under the age of 
     18 years in the State were Native Hawaiian;

[[Page 118]]

       ``(ii) perinatal conditions accounted for 38 percent of all 
     Native Hawaiian deaths in that age group;
       ``(iii) Native Hawaiian infant mortality rates (9.8 per 
     1,000 live births) are--

       ``(I) the highest in the State; and

       ``(II) 151 percent higher than the rate for Caucasian 
     infants (3.9 per 1,000 live births); and

       ``(iv) Native Hawaiians have 1 of the highest infant 
     mortality rates in the United States, second only to the rate 
     for African Americans of 13.6 per 1,000 live births.
       ``(B) Prenatal care.--With respect to prenatal care--
       ``(i) as of 2005, Native Hawaiian women have the highest 
     prevalence (20.9 percent) of having had no prenatal care 
     during the first trimester of pregnancy, as compared to the 5 
     largest ethnic groups in the State;
       ``(ii) of the mothers in the State who received no prenatal 
     care in the first trimester, 33 percent were Native Hawaiian;
       ``(iii) in 2005, 41 percent of mothers with live births who 
     had not completed high school were Native Hawaiian; and
       ``(iv) in every region of the State, many Native Hawaiian 
     newborns begin life in a potentially hazardous circumstance, 
     far higher than any other racial group.
       ``(C) Births.--With respect to births, in 2005--
       ``(i) 45.2 percent of live births to Native Hawaiian 
     mothers were nonmarital, putting the affected infants at 
     higher risk of low birth weight and infant mortality;
       ``(ii) of the 2,934 live births to Native Hawaiian single 
     mothers, 9 percent were low birth weight (defined as a weight 
     of less than 2,500 grams); and
       ``(iii) 43.7 percent of all low birth-weight infants born 
     to single mothers in the State were Native Hawaiian.
       ``(D) Teen pregnancies.--With respect to births, in 2005--
       ``(i) Native Hawaiians had the highest rate of births to 
     mothers under the age of 18 years (5.8 percent), as compared 
     to the rate of 2.7 percent for the total population of the 
     State; and
       ``(ii) nearly 62 percent of all mothers in the State under 
     the age of 19 years were Native Hawaiian.
       ``(E) Fetal mortality.--With respect to fetal mortality, in 
     2005--
       ``(i) Native Hawaiians had the highest number of fetal 
     deaths in the State, as compared to Caucasian, Japanese, and 
     Filipino residents; and
       ``(ii)(I) 17.2 percent of all fetal deaths in the State 
     were associated with expectant Native Hawaiian mothers; and
       ``(II) 43.5 percent of those Native Hawaiian mothers were 
     under the age of 25 years.
       ``(7) Behavioral health.--
       ``(A) Alcohol and drug abuse.--With respect to alcohol and 
     drug abuse--
       ``(i)(I) in 2005, Native Hawaiians had the highest 
     prevalence of smoking of 27.9 percent, which is 64 percent 
     higher than the rate for the total population of the State 
     (17 percent); and
       ``(II) 53 percent of Native Hawaiians reported having 
     smoked at least 100 cigarettes in their lifetime, as compared 
     to 43.3 percent for the total population of the State;
       ``(ii) 33 percent of Native Hawaiians in grade 8 have 
     smoked cigarettes at least once in their lifetime, as 
     compared to--

       ``(I) 22.5 percent for all youth in the State; and
       ``(II) 28.4 percent of residents of the United States in 
     grade 8;

       ``(iii) Native Hawaiians have the highest prevalence of 
     binge drinking of 19.9 percent, which is 21 percent higher 
     than the prevalence for the total population of the State 
     (16.5 percent);
       ``(iv) the prevalence of heavy drinking among Native 
     Hawaiians (10.1 percent) is 36 percent higher than the 
     prevalence for the total population of the State (7.4 
     percent);
       ``(v)(I) in 2003, 17.2 percent of Native Hawaiians in grade 
     6, 45.1 percent of Naive Hawaiians in grade 8, 68.9 percent 
     of Native Hawaiians in grade 10, and 78.1 percent of Native 
     Hawaiians in grade 12 reported using alcohol at least once in 
     their lifetime, as compared to 13.2, 36.8, 59.1, and 72.5 
     percent, respectively, of all adolescents in the State; and
       ``(II) 62.1 percent Native Hawaiians in grade 12 reported 
     being drunk at least once, which is 20 percent higher than 
     the percentage for all adolescents in the State (51.6 
     percent);
       ``(vi) on entering grade 12, 60 percent of Native Hawaiian 
     adolescents reported having used illicit drugs, including 
     inhalants, at least once in their lifetime, as compared to--

       ``(I) 46.9 percent of all adolescents in the State; and
       ``(II) 52.8 of adolescents in the United States;

       ``(vii) on entering grade 12, 58.2 percent of Native 
     Hawaiian adolescents reported having used marijuana at least 
     once, which is 31 percent higher than the rate of other 
     adolescents in the State (44.4 percent);
       ``(viii) in 2006, Native Hawaiians represented 40 percent 
     of the total admissions to substance abuse treatment programs 
     funded by the State Department of Health; and
       ``(ix) in 2003, Native Hawaiian adolescents reported the 
     highest prevalence for methamphetamine use in the State, 
     followed by Caucasian and Filipino adolescents.
       ``(B) Crime.--With respect to crime--
       ``(i) during the period of 1992 to 2002, Native Hawaiian 
     arrests for violent crimes decreased, but the rate of arrest 
     remained 38.3 percent higher than the rate of the total 
     population of the State;
       ``(ii) the robbery arrest rate in 2002 among Native 
     Hawaiian juveniles and adults was 59 percent higher (6.2 
     arrests per 100,000 residents) than the rate for the total 
     population of the State (3.9 arrests per 100,000 residents);
       ``(iii) in 2002--

       ``(I) Native Hawaiian men comprised between 35 percent and 
     43 percent of each security class in the State prison system;
       ``(II) Native Hawaiian women comprised between 38.1 percent 
     to 50.3 percent of each class of female prison inmates in the 
     State;
       ``(III) Native Hawaiians comprised 39.5 percent of the 
     total incarcerated population of the State; and
       ``(IV) Native Hawaiians comprised 40 percent of the total 
     sentenced felon population in the State, as compared to 25 
     percent for Caucasians, 12 percent for Filipinos, and 5 
     percent for Samoans;

       ``(iv) Native Hawaiians are overrepresented in the State 
     prison population;
       ``(v) of the 2,260 incarcerated Native Hawaiians, 70 
     percent are between 20 and 40 years of age; and
       ``(vi) based on anecdotal information, Native Hawaiians are 
     estimated to comprise between 60 percent and 70 percent of 
     all jail and prison inmates in the State.
       ``(C) Depression and suicide.--With respect to depression 
     and suicide--
       ``(i)(I) in 1999, the prevalence of depression among Native 
     Hawaiians was 15 percent, as compared to the national average 
     of approximately 10 percent; and
       ``(II) Native Hawaiian females had a higher prevalence of 
     depression (16.9 percent) than Native Hawaiian males (11.9 
     percent);
       ``(ii) in 2000--

       ``(I) Native Hawaiian adolescents had a significantly 
     higher suicide attempt rate (12.9 percent) than the rate for 
     other adolescents in the State (9.6 percent); and
       ``(II) 39 percent of all Native Hawaiian adult deaths were 
     due to suicide; and

       ``(iii) in 2006, the prevalence of obsessive compulsive 
     disorder among Native Hawaiian adolescent girls was 17.7 
     percent, as compared to a rate of--

       ``(I) 9.2 percent for Native Hawaiian boys and non-Hawaiian 
     girls; and
       ``(II) a national rate of 2 percent.

       ``(8) Overweightness and obesity.--With respect to 
     overweightness and obesity--
       ``(A) during the period of 2000 through 2003, Native 
     Hawaiian males and females had the highest age-adjusted 
     prevalence rates for obesity (40.5 and 32.5 percent, 
     respectively), which was--
       ``(i) with respect to individuals of full Native Hawaiian 
     ancestry, 145 percent higher than the rate for the total 
     population of the State (16.5 per 100,000); and
       ``(ii) with respect to individuals with less than 100 
     percent Native Hawaiian ancestry, 97 percent higher than the 
     total population of the State; and
       ``(B) for 2005, the prevalence of obesity among Native 
     Hawaiians was 43.1 percent, which was 119 percent higher than 
     the prevalence for the total population of the State (19.7 
     percent).
       ``(9) Family and child health.--With respect to family and 
     child health--
       ``(A) in 2000, the prevalence of single-parent families 
     with minor children was highest among Native Hawaiian 
     households, as compared to all households in the State (15.8 
     percent and 8.1 percent, respectively);
       ``(B) in 2002, nonmarital births accounted for 56.8 percent 
     of all live births among Native Hawaiians, as compared to 34 
     percent of all live births in the State;
       ``(C) the rate of confirmed child abuse and neglect among 
     Native Hawaiians has consistently been 3 to 4 times the rates 
     of other major ethnic groups, with a 3-year average of 63.9 
     cases in 2002, as compared to 12.8 cases for the total 
     population of the State;
       ``(D) spousal abuse or abuse of an intimate partner was 
     highest for Native Hawaiians, as compared to all cases of 
     abuse in the State (4.5 percent and 2.2 percent, 
     respectively); and
       ``(E)(i) \1/2\ of uninsured adults in the State have family 
     incomes below 200 percent of the Federal poverty level; and
       ``(ii) Native Hawaiians residing in the State and the 
     continental United States have a higher rate of uninsurance 
     than other ethnic groups in the State and continental United 
     States (14.5 percent and 9.5 percent, respectively).
       ``(10) Health professions education and training.--With 
     respect to health professions education and training--
       ``(A) in 2003, adult Native Hawaiians had a higher rate of 
     high school completion, as compared to the total adult 
     population of the State (49.4 percent and 34.4 percent, 
     respectively);
       ``(B) Native Hawaiian physicians make up 4 percent of the 
     total physician workforce in the State; and
       ``(C) in 2004, Native Hawaiians comprised--
       ``(i) 11.25 percent of individuals who earned bachelor's 
     degrees;
       ``(ii) 6 percent of individuals who earned master's 
     degrees;

[[Page 119]]

       ``(iii) 3 percent of individuals who earned doctorate 
     degrees;
       ``(iv) 7.9 percent of the credited student body at the 
     University of Hawai'i;
       ``(v) 0.4 percent of the instructional faculty at the 
     University of Hawai'i at Manoa; and
       ``(vi) 8.4 percent of the instructional faculty at the 
     University of Hawai'i Community Colleges.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Department.--The term `Department' means the 
     Department of Health and Human Services.
       ``(2) Disease prevention.--The term `disease prevention' 
     includes--
       ``(A) immunizations;
       ``(B) control of high blood pressure;
       ``(C) control of sexually transmittable diseases;
       ``(D) prevention and control of chronic diseases;
       ``(E) control of toxic agents;
       ``(F) occupational safety and health;
       ``(G) injury prevention;
       ``(H) fluoridation of water;
       ``(I) control of infectious agents; and
       ``(J) provision of mental health care.
       ``(3) Health promotion.--The term `health promotion' 
     includes--
       ``(A) pregnancy and infant care, including prevention of 
     fetal alcohol syndrome;
       ``(B) cessation of tobacco smoking;
       ``(C) reduction in the misuse of alcohol and harmful 
     illicit drugs;
       ``(D) improvement of nutrition;
       ``(E) improvement in physical fitness;
       ``(F) family planning;
       ``(G) control of stress;
       ``(H) reduction of major behavioral risk factors and 
     promotion of healthy lifestyle practices; and
       ``(I) integration of cultural approaches to health and 
     well-being (including traditional practices relating to the 
     atmosphere (lewa lani), land (`aina), water (wai), and ocean 
     (kai)).
       ``(4) Health service.--The term `health service' means--
       ``(A) service provided by a physician, physician's 
     assistant, nurse practitioner, nurse, dentist, or other 
     health professional;
       ``(B) a diagnostic laboratory or radiologic service;
       ``(C) a preventive health service (including a perinatal 
     service, well child service, family planning service, 
     nutrition service, home health service, sports medicine and 
     athletic training service, and, generally, any service 
     associated with enhanced health and wellness);
       ``(D) emergency medical service, including a service 
     provided by a first responder, emergency medical technician, 
     or mobile intensive care technician;
       ``(E) a transportation service required for adequate 
     patient care;
       ``(F) a preventive dental service;
       ``(G) a pharmaceutical and medicament service;
       ``(H) a mental health service, including a service provided 
     by a psychologist or social worker;
       ``(I) a genetic counseling service;
       ``(J) a health administration service, including a service 
     provided by a health program administrator;
       ``(K) a health research service, including a service 
     provided by an individual with an advanced degree in 
     medicine, nursing, psychology, social work, or any other 
     related health program;
       ``(L) an environmental health service, including a service 
     provided by an epidemiologist, public health official, 
     medical geographer, or medical anthropologist, or an 
     individual specializing in biological, chemical, or 
     environmental health determinants;
       ``(M) a primary care service that may lead to specialty or 
     tertiary care; and
       ``(N) a complementary healing practice, including a 
     practice performed by a traditional Native Hawaiian healer.
       ``(5) Native hawaiian.--The term `Native Hawaiian' means 
     any individual who is Kanaka Maoli (a descendant of the 
     aboriginal people who, prior to 1778, occupied and exercised 
     sovereignty in the area that now constitutes the State), as 
     evidenced by--
       ``(A) genealogical records;
       ``(B) kama`aina witness verification from Native Hawaiian 
     Kupuna (elders); or
       ``(C) birth records of the State or any other State or 
     territory of the United States.
       ``(6) Native hawaiian health care system.--The term `Native 
     Hawaiian health care system' means any of up to 8 entities in 
     the State that--
       ``(A) is organized under the laws of the State;
       ``(B) provides or arranges for the provision of health 
     services for Native Hawaiians in the State;
       ``(C) is a public or nonprofit private entity;
       ``(D) has Native Hawaiians significantly participating in 
     the planning, management, provision, monitoring, and 
     evaluation of health services;
       ``(E) addresses the health care needs of an island's Native 
     Hawaiian population; and
       ``(F) is recognized by Papa Ola Lokahi--
       ``(i) for the purpose of planning, conducting, or 
     administering programs, or portions of programs, authorized 
     by this Act for the benefit of Native Hawaiians; and
       ``(ii) as having the qualifications and the capacity to 
     provide the services and meet the requirements under--

       ``(I) the contract that each Native Hawaiian health care 
     system enters into with the Secretary under this Act; or
       ``(II) the grant each Native Hawaiian health care system 
     receives from the Secretary under this Act.

       ``(7) Native hawaiian health center.--The term `Native 
     Hawaiian Health Center' means any organization that is a 
     primary health care provider that--
       ``(A) has a governing board composed of individuals, at 
     least 50 percent of whom are Native Hawaiians;
       ``(B) has demonstrated cultural competency in a 
     predominantly Native Hawaiian community;
       ``(C) serves a patient population that--
       ``(i) is made up of individuals at least 50 percent of whom 
     are Native Hawaiian; or
       ``(ii) has not less than 2,500 Native Hawaiians as annual 
     users of services; and
       ``(D) is recognized by Papa Ola Lokahi as having met each 
     of the criteria described in subparagraphs (A) through (C).
       ``(8) Native hawaiian health task force.--The term `Native 
     Hawaiian Health Task Force' means a task force established by 
     the State Council of Hawaiian Homestead Associations to 
     implement health and wellness strategies in Native Hawaiian 
     communities.
       ``(9) Native hawaiian organization.--The term `Native 
     Hawaiian organization' means any organization that--
       ``(A) serves the interests of Native Hawaiians; and
       ``(B)(i) is recognized by Papa Ola Lokahi for planning, 
     conducting, or administering programs authorized under this 
     Act for the benefit of Native Hawaiians; and
       ``(ii) is a public or nonprofit private entity.
       ``(10) Office of hawaiian affairs.--The term `Office of 
     Hawaiian Affairs' means the governmental entity that--
       ``(A) is established under article XII, sections 5 and 6, 
     of the Hawai'i State Constitution; and
       ``(B) charged with the responsibility to formulate policy 
     relating to the affairs of Native Hawaiians.
       ``(11) Papa ola lokahi.--
       ``(A) In general.--The term `Papa Ola Lokahi' means an 
     organization that--
       ``(i) is composed of public agencies and private 
     organizations focusing on improving the health status of 
     Native Hawaiians; and
       ``(ii) governed by a board the members of which may include 
     representation from--

       ``(I) E Ola Mau;
       ``(II) the Office of Hawaiian Affairs;
       ``(III) Alu Like, Inc.;
       ``(IV) the University of Hawaii;
       ``(V) the Hawai'i State Department of Health;
       ``(VI) the Native Hawaiian Health Task Force;
       ``(VII) the Hawai'i State Primary Care Association;
       ``(VIII) Ahahui O Na Kauka, the Native Hawaiian Physicians 
     Association;
       ``(IX) Ho`ola Lahui Hawaii, or a health care system serving 
     the islands of Kaua`i or Ni`ihau (which may be composed of as 
     many health care centers as are necessary to meet the health 
     care needs of the Native Hawaiians of those islands);
       ``(X) Ke Ola Mamo, or a health care system serving the 
     island of O`ahu (which may be composed of as many health care 
     centers as are necessary to meet the health care needs of the 
     Native Hawaiians of that island);
       ``(XI) Na Pu`uwai or a health care system serving the 
     islands of Moloka`i or Lana`i (which may be composed of as 
     many health care centers as are necessary to meet the health 
     care needs of the Native Hawaiians of those islands);
       ``(XII) Hui No Ke Ola Pono, or a health care system serving 
     the island of Maui (which may be composed of as many health 
     care centers as are necessary to meet the health care needs 
     of the Native Hawaiians of that island);
       ``(XIII) Hui Malama Ola Na `Oiwi, or a health care system 
     serving the island of Hawai'i (which may be composed of as 
     many health care centers as are necessary to meet the health 
     care needs of the Native Hawaiians of that island);
       ``(XIV) such other Native Hawaiian health care systems as 
     are certified and recognized by Papa Ola Lokahi in accordance 
     with this Act; and
       ``(XV) such other member organizations as the Board of Papa 
     Ola Lokahi shall admit from time to time, based on 
     satisfactory demonstration of a record of contribution to the 
     health and well-being of Native Hawaiians.

       ``(B) Exclusion.--The term `Papa Ola Lokahi' does not 
     include any organization described in subparagraph (A) for 
     which the Secretary has made a determination that the 
     organization has not developed a mission statement that 
     includes--
       ``(i) clearly-defined goals and objectives for the 
     contributions the organization will make to--

       ``(I) Native Hawaiian health care systems; and
       ``(II) the national policy described in section 4; and

       ``(ii) an action plan for carrying out those goals and 
     objectives.

[[Page 120]]

       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(13) State.--The term `State' means the State of Hawaii.
       ``(14) Traditional native hawaiian healer.--The term 
     `traditional Native Hawaiian healer' means a practitioner--
       ``(A) who--
       ``(i) is of Native Hawaiian ancestry; and
       ``(ii) has the knowledge, skills, and experience in direct 
     personal health care of individuals; and
       ``(B) the knowledge, skills, and experience of whom are 
     based on demonstrated learning of Native Hawaiian healing 
     practices acquired by--
       ``(i) direct practical association with Native Hawaiian 
     elders; and
       ``(ii) oral traditions transmitted from generation to 
     generation.

     ``SEC. 4. DECLARATION OF NATIONAL NATIVE HAWAIIAN HEALTH 
                   POLICY.

       ``(a) Declaration.--Congress declares that it is the policy 
     of the United States, in fulfillment of special 
     responsibilities and legal obligations of the United States 
     to the indigenous people of Hawai'i resulting from the unique 
     and historical relationship between the United States and the 
     indigenous people of Hawaii--
       ``(1) to raise the health status of Native Hawaiians to the 
     highest practicable health level; and
       ``(2) to provide Native Hawaiian health care programs with 
     all resources necessary to effectuate that policy.
       ``(b) Intent of Congress.--It is the intent of Congress 
     that--
       ``(1) health care programs having a demonstrated effect of 
     substantially reducing or eliminating the overrepresentation 
     of Native Hawaiians among those suffering from chronic and 
     acute disease and illness, and addressing the health needs of 
     Native Hawaiians (including perinatal, early child 
     development, and family-based health education needs), shall 
     be established and implemented; and
       ``(2) the United States--
       ``(A) raise the health status of Native Hawaiians by the 
     year 2010 to at least the levels described in the goals 
     contained within Healthy People 2010 (or successor 
     standards); and
       ``(B) incorporate within health programs in the United 
     States activities defined and identified by Kanaka Maoli, 
     such as--
       ``(i) incorporating and supporting the integration of 
     cultural approaches to health and well-being, including 
     programs using traditional practices relating to the 
     atmosphere (lewa lani), land ('aina), water (wai), or ocean 
     (kai);
       ``(ii) increasing the number of Native Hawaiian health and 
     allied-health providers who provide care to or have an impact 
     on the health status of Native Hawaiians;
       ``(iii) increasing the use of traditional Native Hawaiian 
     foods in--

       ``(I) the diets and dietary preferences of people, 
     including those of students; and
       ``(II) school feeding programs;

       ``(iv) identifying and instituting Native Hawaiian cultural 
     values and practices within the corporate cultures of 
     organizations and agencies providing health services to 
     Native Hawaiians;
       ``(v) facilitating the provision of Native Hawaiian healing 
     practices by Native Hawaiian healers for individuals desiring 
     that assistance;
       ``(vi) supporting training and education activities and 
     programs in traditional Native Hawaiian healing practices by 
     Native Hawaiian healers; and
       ``(vii) demonstrating the integration of health services 
     for Native Hawaiians, particularly those that integrate 
     mental, physical, and dental services in health care.
       ``(c) Report.--The Secretary shall submit to the President, 
     for inclusion in each report required to be submitted to 
     Congress under section 12, a report on the progress made 
     toward meeting the national policy described in this section.

     ``SEC. 5. COMPREHENSIVE HEALTH CARE MASTER PLAN FOR NATIVE 
                   HAWAIIANS.

       ``(a) Development.--
       ``(1) In general.--The Secretary may make a grant to, or 
     enter into a contract with, Papa Ola Lokahi for the purpose 
     of coordinating, implementing, and updating a Native Hawaiian 
     comprehensive health care master plan that is designed--
       ``(A) to promote comprehensive health promotion and disease 
     prevention services;
       ``(B) to maintain and improve the health status of Native 
     Hawaiians; and
       ``(C) to support community-based initiatives that are 
     reflective of holistic approaches to health.
       ``(2) Consultation.--
       ``(A) In general.--In carrying out this section, Papa Ola 
     Lokahi and the Office of Hawaiian Affairs shall consult with 
     representatives of--
       ``(i) the Native Hawaiian health care systems;
       ``(ii) the Native Hawaiian health centers; and
       ``(iii) the Native Hawaiian community.
       ``(B) Memoranda of understanding.--Papa Ola Lokahi and the 
     Office of Hawaiian Affairs may enter into memoranda of 
     understanding or agreement for the purpose of acquiring joint 
     funding, or for such other purposes as are necessary, to 
     accomplish the objectives of this section.
       ``(3) Health care financing study report.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of the Native Hawaiian Health Care Improvement 
     Reauthorization Act of 2009, Papa Ola Lokahi, in cooperation 
     with the Office of Hawaiian Affairs and other appropriate 
     agencies and organizations in the State (including the 
     Department of Health and the Department of Human Services of 
     the State) and appropriate Federal agencies (including the 
     Centers for Medicare and Medicaid Services), shall submit to 
     Congress a report that describes the impact of Federal and 
     State health care financing mechanisms and policies on the 
     health and well-being of Native Hawaiians.
       ``(B) Components.--The report shall include--
       ``(i) information concerning the impact on Native Hawaiian 
     health and well-being of--

       ``(I) cultural competency;
       ``(II) risk assessment data;
       ``(III) eligibility requirements and exemptions; and
       ``(IV) reimbursement policies and capitation rates in 
     effect as of the date of the report for service providers;

       ``(ii) such other similar information as may be important 
     to improving the health status of Native Hawaiians, as that 
     information relates to health care financing (including 
     barriers to health care); and
       ``(iii) recommendations for submission to the Secretary, 
     for review and consultation with the Native Hawaiian 
     community.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out subsection (a).

     ``SEC. 6. FUNCTIONS OF PAPA OLA LOKAHI.

       ``(a) In General.--Papa Ola Lokahi--
       ``(1) shall be responsible for--
       ``(A) the coordination, implementation, and updating, as 
     appropriate, of the comprehensive health care master plan 
     under section 5;
       ``(B) the training and education of individuals providing 
     health services;
       ``(C) the identification of and research (including 
     behavioral, biomedical, epidemiological, and health service 
     research) into the diseases that are most prevalent among 
     Native Hawaiians; and
       ``(D) the development and maintenance of an institutional 
     review board for all research projects involving all aspects 
     of Native Hawaiian health, including behavioral, biomedical, 
     epidemiological, and health service research;
       ``(2) may receive special project funds (including research 
     endowments under section 736 of the Public Health Service Act 
     (42 U.S.C. 293)) made available for the purpose of--
       ``(A) research on the health status of Native Hawaiians; or
       ``(B) addressing the health care needs of Native Hawaiians; 
     and
       ``(3) shall serve as a clearinghouse for--
       ``(A) the collection and maintenance of data associated 
     with the health status of Native Hawaiians;
       ``(B) the identification and research into diseases 
     affecting Native Hawaiians;
       ``(C) the availability of Native Hawaiian project funds, 
     research projects, and publications;
       ``(D) the collaboration of research in the area of Native 
     Hawaiian health; and
       ``(E) the timely dissemination of information pertinent to 
     the Native Hawaiian health care systems.
       ``(b) Consultation.--
       ``(1) In general.--The Secretary and the Secretary of each 
     other Federal agency shall--
       ``(A) consult with Papa Ola Lokahi; and
       ``(B) provide Papa Ola Lokahi and the Office of Hawaiian 
     Affairs, at least once annually, an accounting of funds and 
     services provided by the Secretary to assist in accomplishing 
     the purposes described in section 4.
       ``(2) Components of accounting.--The accounting under 
     paragraph (1)(B) shall include an identification of--
       ``(A) the amount of funds expended explicitly for and 
     benefitting Native Hawaiians;
       ``(B) the number of Native Hawaiians affected by those 
     funds;
       ``(C) the collaborations between the applicable Federal 
     agency and Native Hawaiian groups and organizations in the 
     expenditure of those funds; and
       ``(D) the amount of funds used for--
       ``(i) Federal administrative purposes; and
       ``(ii) the provision of direct services to Native 
     Hawaiians.
       ``(c) Fiscal Allocation and Coordination of Programs and 
     Services.--
       ``(1) Recommendations.--Papa Ola Lokahi shall provide 
     annual recommendations to the Secretary with respect to the 
     allocation of all amounts made available under this Act.
       ``(2) Coordination.--Papa Ola Lokahi shall, to the maximum 
     extent practicable, coordinate and assist the health care 
     programs and services provided to Native Hawaiians under this 
     Act and other Federal laws.
       ``(3) Representation on commission.--The Secretary, in 
     consultation with Papa Ola

[[Page 121]]

     Lokahi, shall make recommendations for Native Hawaiian 
     representation on the President's Advisory Commission on 
     Asian Americans and Pacific Islanders.
       ``(d) Technical Support.--Papa Ola Lokahi shall provide 
     statewide infrastructure to provide technical support and 
     coordination of training and technical assistance to--
       ``(1) the Native Hawaiian health care systems; and
       ``(2) the Native Hawaiian health centers.
       ``(e) Relationships With Other Agencies.--
       ``(1) Authority.--Papa Ola Lokahi may enter into agreements 
     or memoranda of understanding with relevant institutions, 
     agencies, or organizations that are capable of providing--
       ``(A) health-related resources or services to Native 
     Hawaiians and the Native Hawaiian health care systems; or
       ``(B) resources or services for the implementation of the 
     national policy described in section 4.
       ``(2) Health care financing.--
       ``(A) Federal consultation.--
       ``(i) In general.--Before adopting any policy, rule, or 
     regulation that may affect the provision of services or 
     health insurance coverage for Native Hawaiians, a Federal 
     agency that provides health care financing and carries out 
     health care programs (including the Centers for Medicare and 
     Medicaid Services) shall consult with representatives of--

       ``(I) the Native Hawaiian community;
       ``(II) Papa Ola Lokahi; and
       ``(III) organizations providing health care services to 
     Native Hawaiians in the State.

       ``(ii) Identification of effects.--Any consultation by a 
     Federal agency under clause (i) shall include an 
     identification of the effect of any policy, rule, or 
     regulation proposed by the Federal agency.
       ``(B) State consultation.--Before making any change in an 
     existing program or implementing any new program relating to 
     Native Hawaiian health, the State shall engage in meaningful 
     consultation with representatives of--
       ``(i) the Native Hawaiian community;
       ``(ii) Papa Ola Lokahi; and
       ``(iii) organizations providing health care services to 
     Native Hawaiians in the State.
       ``(C) Consultation on federal health insurance programs.--
       ``(i) In general.--The Office of Hawaiian Affairs, in 
     collaboration with Papa Ola Lokahi, may develop consultative, 
     contractual, or other arrangements, including memoranda of 
     understanding or agreement, with--

       ``(I) the Centers for Medicare and Medicaid Services;
       ``(II) the agency of the State that administers or 
     supervises the administration of the State plan or waiver 
     approved under title XVIII, XIX, or XXI of the Social 
     Security Act (42 U.S.C. 1395 et seq.) for the payment of all 
     or a part of the health care services provided to Native 
     Hawaiians who are eligible for medical assistance under the 
     State plan or waiver; or
       ``(III) any other Federal agency providing full or partial 
     health insurance to Native Hawaiians.

       ``(ii) Contents of arrangements.--An arrangement under 
     clause (i) may address--

       ``(I) appropriate reimbursement for health care services, 
     including capitation rates and fee-for-service rates for 
     Native Hawaiians who are entitled to or eligible for 
     insurance;
       ``(II) the scope of services; or
       ``(III) other matters that would enable Native Hawaiians to 
     maximize health insurance benefits provided by Federal and 
     State health insurance programs.

       ``(3) Traditional healers.--
       ``(A) In general.--The provision of health services under 
     any program operated by the Department or another Federal 
     agency (including the Department of Veterans Affairs) may 
     include the services of--
       ``(i) traditional Native Hawaiian healers; or
       ``(ii) traditional healers providing traditional health 
     care practices (as those terms are defined in section 4 of 
     the Indian Health Care Improvement Act (25 U.S.C. 1603).
       ``(B) Exemption.--Services described in subparagraph (A) 
     shall be exempt from national accreditation reviews, 
     including reviews conducted by--
       ``(i) the Joint Commission on Accreditation of Healthcare 
     Organizations; and
       ``(ii) the Commission on Accreditation of Rehabilitation 
     Facilities.

     ``SEC. 7. NATIVE HAWAIIAN HEALTH CARE.

       ``(a) Comprehensive Health Promotion, Disease Prevention, 
     and Other Health Services.--
       ``(1) Grants and contracts.--The Secretary, in consultation 
     with Papa Ola Lokahi, may make grants to, or enter into 
     contracts with 1 or more Native Hawaiian health care systems 
     for the purpose of providing comprehensive health promotion 
     and disease prevention services, as well as other health 
     services, to Native Hawaiians who desire and are committed to 
     bettering their own health.
       ``(2) Limitation on number of entities.--The Secretary may 
     make a grant to, or enter into a contract with, not more than 
     8 Native Hawaiian health care systems under this subsection 
     for any fiscal year.
       ``(b) Planning Grant or Contract.--In addition to grants 
     and contracts under subsection (a), the Secretary may make a 
     grant to, or enter into a contract with, Papa Ola Lokahi for 
     the purpose of planning Native Hawaiian health care systems 
     to serve the health needs of Native Hawaiian communities on 
     each of the islands of O`ahu, Moloka`i, Maui, Hawai`i, 
     Lana`i, Kaua`i, Kaho`lawe, and Ni`ihau in the State.
       ``(c) Health Services To Be Provided.--
       ``(1) In general.--Each recipient of funds under subsection 
     (a) may provide or arrange for--
       ``(A) outreach services to inform and assist Native 
     Hawaiians in accessing health services;
       ``(B) education in health promotion and disease prevention 
     for Native Hawaiians that, wherever practicable, is provided 
     by--
       ``(i) Native Hawaiian health care practitioners;
       ``(ii) community outreach workers;
       ``(iii) counselors;
       ``(iv) cultural educators; and
       ``(v) other disease prevention providers;
       ``(C) services of individuals providing health services;
       ``(D) collection of data relating to the prevention of 
     diseases and illnesses among Native Hawaiians; and
       ``(E) support of culturally appropriate activities that 
     enhance health and wellness, including land-based, water-
     based, ocean-based, and spiritually-based projects and 
     programs.
       ``(2) Traditional healers.--The health care services 
     referred to in paragraph (1) that are provided under grants 
     or contracts under subsection (a) may be provided by 
     traditional Native Hawaiian healers, as appropriate.
       ``(d) Federal Tort Claims Act.--An individual who provides 
     a medical, dental, or other service referred to in subsection 
     (a)(1) for a Native Hawaiian health care system, including a 
     provider of a traditional Native Hawaiian healing service, 
     shall be--
       ``(1) treated as if the individual were a member of the 
     Public Health Service; and
       ``(2) subject to section 224 of the Public Health Service 
     Act (42 U.S.C. 233).
       ``(e) Site for Other Federal Payments.--
       ``(1) In general.--A Native Hawaiian health care system 
     that receives funds under subsection (a) may serve as a 
     Federal loan repayment facility.
       ``(2) Remission of payments.--A facility described in 
     paragraph (1) shall be designed to enable health and allied-
     health professionals to remit payments with respect to loans 
     provided to the professionals under any Federal loan program.
       ``(f) Restriction on Use of Grant and Contract Funds.--The 
     Secretary shall not make a grant to, or enter into a contract 
     with, an entity under subsection (a) unless the entity agrees 
     that amounts received under the grant or contract will not, 
     directly or through contract, be expended--
       ``(1) for any service other than a service described in 
     subsection (c)(1);
       ``(2) to purchase or improve real property (other than 
     minor remodeling of existing improvements to real property); 
     or
       ``(3) to purchase major medical equipment.
       ``(g) Limitation on Charges for Services.--The Secretary 
     shall not make a grant to, or enter into a contract with, an 
     entity under subsection (a) unless the entity agrees that, 
     whether health services are provided directly or under a 
     contract--
       ``(1) any health service under the grant or contract will 
     be provided without regard to the ability of an individual 
     receiving the health service to pay for the health service; 
     and
       ``(2) the entity will impose for the delivery of such a 
     health service a charge that is--
       ``(A) made according to a schedule of charges that is made 
     available to the public; and
       ``(B) adjusted to reflect the income of the individual 
     involved.
       ``(h) Authorization of Appropriations.--
       ``(1) General grants.--There are authorized to be 
     appropriated such sums as are necessary to carry out 
     subsection (a) for each of fiscal years 2009 through 2014.
       ``(2) Planning grants.--There are authorized to be 
     appropriated such sums as are necessary to carry out 
     subsection (b) for each of fiscal years 2009 through 2014.
       ``(3) Health services.--There are authorized to be 
     appropriated such sums as are necessary to carry out 
     subsection (c) for each of fiscal years 2009 through 2014.

     ``SEC. 8. ADMINISTRATIVE GRANT FOR PAPA OLA LOKAHI.

       ``(a) In General.--In addition to any other grant or 
     contract under this Act, the Secretary may make grants to, or 
     enter into contracts with, Papa Ola Lokahi for--
       ``(1) coordination, implementation, and updating (as 
     appropriate) of the comprehensive health care master plan 
     developed under section 5;
       ``(2) training and education for providers of health 
     services;
       ``(3) identification of and research (including behavioral, 
     biomedical, epidemiologic, and health service research) into 
     the diseases that are most prevalent among Native Hawaiians;
       ``(4) a clearinghouse function for--
       ``(A) the collection and maintenance of data associated 
     with the health status of Native Hawaiians;

[[Page 122]]

       ``(B) the identification and research into diseases 
     affecting Native Hawaiians; and
       ``(C) the availability of Native Hawaiian project funds, 
     research projects, and publications;
       ``(5) the establishment and maintenance of an institutional 
     review board for all health-related research involving Native 
     Hawaiians;
       ``(6) the coordination of the health care programs and 
     services provided to Native Hawaiians; and
       ``(7) the administration of special project funds.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out subsection (a) for each of fiscal years 2009 
     through 2014.

     ``SEC. 9. ADMINISTRATION OF GRANTS AND CONTRACTS.

       ``(a) Terms and Conditions.--The Secretary shall include in 
     any grant made or contract entered into under this Act such 
     terms and conditions as the Secretary considers necessary or 
     appropriate to ensure that the objectives of the grant or 
     contract are achieved.
       ``(b) Periodic Review.--The Secretary shall periodically 
     evaluate the performance of, and compliance with, grants and 
     contracts under this Act.
       ``(c) Administrative Requirements.--The Secretary shall not 
     make a grant or enter into a contract under this Act with an 
     entity unless the entity--
       ``(1) agrees to establish such procedures for fiscal 
     control and fund accounting as the Secretary determines are 
     necessary to ensure proper disbursement and accounting with 
     respect to the grant or contract;
       ``(2) agrees to ensure the confidentiality of records 
     maintained on individuals receiving health services under the 
     grant or contract;
       ``(3) with respect to providing health services to any 
     population of Native Hawaiians, a substantial portion of 
     which has a limited ability to speak the English language--
       ``(A) has developed and has the ability to carry out a 
     reasonable plan to provide health services under the grant or 
     contract through individuals who are able to communicate with 
     the population involved in the language and cultural context 
     that is most appropriate; and
       ``(B) has designated at least 1 individual who is fluent in 
     English and the appropriate language to assist in carrying 
     out the plan;
       ``(4) with respect to health services that are covered 
     under a program under title XVIII, XIX, or XXI of the Social 
     Security Act (42 U.S.C. 1395 et seq.) (including any State 
     plan), or under any other Federal health insurance plan--
       ``(A) if the entity will provide under the grant or 
     contract any of those health services directly--
       ``(i) has entered into a participation agreement under each 
     such plan; and
       ``(ii) is qualified to receive payments under the plan; and
       ``(B) if the entity will provide under the grant or 
     contract any of those health services through a contract with 
     an organization--
       ``(i) ensures that the organization has entered into a 
     participation agreement under each such plan; and
       ``(ii) ensures that the organization is qualified to 
     receive payments under the plan; and
       ``(5) agrees to submit to the Secretary and Papa Ola Lokahi 
     an annual report that--
       ``(A) describes the use and costs of health services 
     provided under the grant or contract (including the average 
     cost of health services per user); and
       ``(B) provides such other information as the Secretary 
     determines to be appropriate.
       ``(d) Contract Evaluation.--
       ``(1) Determination of noncompliance.--If, as a result of 
     evaluations conducted by the Secretary, the Secretary 
     determines that an entity has not complied with or 
     satisfactorily performed a contract entered into under 
     section 7, the Secretary shall, before renewing the 
     contract--
       ``(A) attempt to resolve the areas of noncompliance or 
     unsatisfactory performance; and
       ``(B) modify the contract to prevent future occurrences of 
     the noncompliance or unsatisfactory performance.
       ``(2) Nonrenewal.--If the Secretary determines that the 
     noncompliance or unsatisfactory performance described in 
     paragraph (1) with respect to an entity cannot be resolved 
     and prevented in the future, the Secretary--
       ``(A) shall not renew the contract with the entity; and
       ``(B) may enter into a contract under section 7 with 
     another entity referred to in section 7(a)(3) that provides 
     services to the same population of Native Hawaiians served by 
     the entity the contract with which was not renewed by reason 
     of this paragraph.
       ``(3) Consideration of results.--In determining whether to 
     renew a contract entered into with an entity under this Act, 
     the Secretary shall consider the results of the evaluations 
     conducted under this section.
       ``(4) Application of federal laws.--Each contract entered 
     into by the Secretary under this Act shall be in accordance 
     with all Federal contracting laws (including regulations), 
     except that, in the discretion of the Secretary, such a 
     contract may--
       ``(A) be negotiated without advertising; and
       ``(B) be exempted from subchapter III of chapter 31, United 
     States Code.
       ``(5) Payments.--A payment made under any contract entered 
     into under this Act--
       ``(A) may be made--
       ``(i) in advance;
       ``(ii) by means of reimbursement; or
       ``(iii) in installments; and
       ``(B) shall be made on such conditions as the Secretary 
     determines to be necessary to carry out this Act.
       ``(e) Report.--
       ``(1) In general.--For each fiscal year during which an 
     entity receives or expends funds under a grant or contract 
     under this Act, the entity shall submit to the Secretary and 
     to Papa Ola Lokahi an annual report that describes--
       ``(A) the activities conducted by the entity under the 
     grant or contract;
       ``(B) the amounts and purposes for which Federal funds were 
     expended; and
       ``(C) such other information as the Secretary may request.
       ``(2) Audits.--The reports and records of any entity 
     concerning any grant or contract under this Act shall be 
     subject to audit by--
       ``(A) the Secretary;
       ``(B) the Inspector General of the Department of Health and 
     Human Services; and
       ``(C) the Comptroller General of the United States.
       ``(f) Annual Private Audit.--The Secretary shall allow as a 
     cost of any grant made or contract entered into under this 
     Act the cost of an annual private audit conducted by a 
     certified public accountant to carry out this section.

     ``SEC. 10. ASSIGNMENT OF PERSONNEL.

       ``(a) In General.--The Secretary may enter into an 
     agreement with Papa Ola Lokahi or any of the Native Hawaiian 
     health care systems for the assignment of personnel of the 
     Department of Health and Human Services with relevant 
     expertise for the purpose of--
       ``(1) conducting research; or
       ``(2) providing comprehensive health promotion and disease 
     prevention services and health services to Native Hawaiians.
       ``(b) Applicable Federal Personnel Provisions.--Any 
     assignment of personnel made by the Secretary under any 
     agreement entered into under subsection (a) shall be treated 
     as an assignment of Federal personnel to a local government 
     that is made in accordance with subchapter VI of chapter 33 
     of title 5, United States Code.

     ``SEC. 11. NATIVE HAWAIIAN HEALTH SCHOLARSHIPS AND 
                   FELLOWSHIPS.

       ``(a) Eligibility.--Subject to the availability of amounts 
     appropriated under subsection (c), the Secretary shall 
     provide to Papa Ola Lokahi, through a direct grant or a 
     cooperative agreement, funds for the purpose of providing 
     scholarship and fellowship assistance, counseling, and 
     placement service assistance to students who are Native 
     Hawaiians.
       ``(b) Priority.--A priority for scholarships under 
     subsection (a) may be provided to employees of--
       ``(1) the Native Hawaiian Health Care Systems; and
       ``(2) the Native Hawaiian Health Centers.
       ``(c) Terms and Conditions.--
       ``(1) Scholarship assistance.--
       ``(A) In general.--The scholarship assistance under 
     subsection (a) shall be provided in accordance with 
     subparagraphs (B) through (G).
       ``(B) Need.--The provision of scholarships in each type of 
     health profession training shall correspond to the need for 
     each type of health professional to serve the Native Hawaiian 
     community in providing health services, as identified by Papa 
     Ola Lokahi.
       ``(C) Eligible applicants.--To the maximum extent 
     practicable, the Secretary shall select scholarship 
     recipients from a list of eligible applicants submitted by 
     Papa Ola Lokahi.
       ``(D) Obligated service requirement.--
       ``(i) In general.--An obligated service requirement for 
     each scholarship recipient (except for a recipient receiving 
     assistance under paragraph (2)) shall be fulfilled through 
     service, in order of priority, in--

       ``(I) any of the Native Hawaiian health care systems;
       ``(II) any of the Native Hawaiian health centers;
       ``(III) 1 or more health professions shortage areas, 
     medically underserved areas, or geographic areas or 
     facilities similarly designated by the Public Health Service 
     in the State;
       ``(IV) a Native Hawaiian organization that serves a 
     geographical area, facility, or organization that serves a 
     significant Native Hawaiian population;
       ``(V) any public agency or nonprofit organization providing 
     services to Native Hawaiians; or
       ``(VI) any of the uniformed services of the United States.

       ``(ii) Assignment.--The placement service for a scholarship 
     shall assign each Native Hawaiian scholarship recipient to 1 
     or more appropriate sites for service in accordance with 
     clause (i).
       ``(E) Counseling, retention, and support services.--The 
     provision of academic and personal counseling, retention and 
     other support services--
       ``(i) shall not be limited to scholarship recipients under 
     this section; and

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       ``(ii) shall be made available to recipients of other 
     scholarship and financial aid programs enrolled in 
     appropriate health professions training programs.
       ``(F) Financial assistance.--After consultation with Papa 
     Ola Lokahi, financial assistance may be provided to a 
     scholarship recipient during the period that the recipient is 
     fulfilling the service requirement of the recipient in any 
     of--
       ``(i) the Native Hawaiian health care systems; or
       ``(ii) the Native Hawaiians health centers.
       ``(G) Distance learning recipients.--A scholarship may be 
     provided to a Native Hawaiian who is enrolled in an 
     appropriate distance learning program offered by an 
     accredited educational institution.
       ``(2) Fellowships.--
       ``(A) In general.--Papa Ola Lokahi may provide financial 
     assistance in the form of a fellowship to a Native Hawaiian 
     health professional who is--
       ``(i) a Native Hawaiian community health representative, 
     outreach worker, or health program administrator in a 
     professional training program;
       ``(ii) a Native Hawaiian providing health services; or
       ``(iii) a Native Hawaiian enrolled in a certificated 
     program provided by traditional Native Hawaiian healers in 
     any of the traditional Native Hawaiian healing practices 
     (including lomi-lomi, la`au lapa`au, and ho`oponopono).
       ``(B) Types of assistance.--Assistance under subparagraph 
     (A) may include a stipend for, or reimbursement for costs 
     associated with, participation in a program described in that 
     paragraph.
       ``(3) Rights and benefits.--An individual who is a health 
     professional designated in section 338A of the Public Health 
     Service Act (42 U.S.C. 254l) who receives a scholarship under 
     this subsection while fulfilling a service requirement under 
     that Act shall retain the same rights and benefits as members 
     of the National Health Service Corps during the period of 
     service.
       ``(4) No inclusion of assistance in gross income.--
     Financial assistance provided under this section shall be 
     considered to be qualified scholarships for the purpose of 
     section 117 of the Internal Revenue Code of 1986.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out subsections (a) and (c)(2) for each of fiscal years 
     2009 through 2014.

     ``SEC. 12. REPORT.

       ``For each fiscal year, the President shall, at the time at 
     which the budget of the United States is submitted under 
     section 1105 of title 31, United States Code, submit to 
     Congress a report on the progress made in meeting the 
     purposes of this Act, including--
       ``(1) a review of programs established or assisted in 
     accordance with this Act; and
       ``(2) an assessment of and recommendations for additional 
     programs or additional assistance necessary to provide, at a 
     minimum, health services to Native Hawaiians, and ensure a 
     health status for Native Hawaiians, that are at a parity with 
     the health services available to, and the health status of, 
     the general population.

     ``SEC. 13. USE OF FEDERAL GOVERNMENT FACILITIES AND SOURCES 
                   OF SUPPLY.

       ``(a) In General.--The Secretary shall permit an 
     organization that enters into a contract or receives grant 
     under this Act to use in carrying out projects or activities 
     under the contract or grant all existing facilities under the 
     jurisdiction of the Secretary (including all equipment of the 
     facilities), in accordance with such terms and conditions as 
     may be agreed on for the use and maintenance of the 
     facilities or equipment.
       ``(b) Donation of Property.--The Secretary may donate to an 
     organization that enters into a contract or receives grant 
     under this Act, for use in carrying out a project or activity 
     under the contract or grant, any personal or real property 
     determined to be in excess of the needs of the Department or 
     the General Services Administration.
       ``(c) Acquisition of Surplus Property.--The Secretary may 
     acquire excess or surplus Federal Government personal or real 
     property for donation to an organization under subsection (b) 
     if the Secretary determines that the property is appropriate 
     for use by the organization for the purpose for which a 
     contract entered into or grant received by the organization 
     is authorized under this Act.

     ``SEC. 14. DEMONSTRATION PROJECTS OF NATIONAL SIGNIFICANCE.

       ``(a) Authority and Areas of Interest.--
       ``(1) In general.--The Secretary, in consultation with Papa 
     Ola Lokahi, may allocate amounts made available under this 
     Act, or any other Act, to carry out Native Hawaiian 
     demonstration projects of national significance.
       ``(2) Areas of interest.--A demonstration project described 
     in paragraph (1) may relate to such areas of interest as--
       ``(A) the development of a centralized database and 
     information system relating to the health care status, health 
     care needs, and wellness of Native Hawaiians;
       ``(B) the education of health professionals, and other 
     individuals in institutions of higher learning, in health and 
     allied health programs in healing practices, including Native 
     Hawaiian healing practices;
       ``(C) the integration of Western medicine with 
     complementary healing practices, including traditional Native 
     Hawaiian healing practices;
       ``(D) the use of telehealth and telecommunications in--
       ``(i) chronic and infectious disease management; and
       ``(ii) health promotion and disease prevention;
       ``(E) the development of appropriate models of health care 
     for Native Hawaiians and other indigenous people, including--
       ``(i) the provision of culturally competent health 
     services;
       ``(ii) related activities focusing on wellness concepts;
       ``(iii) the development of appropriate kupuna care 
     programs; and
       ``(iv) the development of financial mechanisms and 
     collaborative relationships leading to universal access to 
     health care; and
       ``(F) the establishment of--
       ``(i) a Native Hawaiian Center of Excellence for Nursing at 
     the University of Hawai'i at Hilo;
       ``(ii) a Native Hawaiian Center of Excellence for Mental 
     Health at the University of Hawai'i at Manoa;
       ``(iii) a Native Hawaiian Center of Excellence for Maternal 
     Health and Nutrition at the Waimanalo Health Center;
       ``(iv) a Native Hawaiian Center of Excellence for Research, 
     Training, Integrated Medicine at Molokai General Hospital; 
     and
       ``(v) a Native Hawaiian Center of Excellence for 
     Complementary Health and Health Education and Training at the 
     Waianae Coast Comprehensive Health Center.
       ``(3) Centers of excellence.--Papa Ola Lokahi, and any 
     centers established under paragraph (2)(F), shall be 
     considered to be qualified as Centers of Excellence under 
     sections 485F and 903(b)(2)(A) of the Public Health Service 
     Act (42 U.S.C. 287c-32, 299a-1).
       ``(b) Nonreduction in Other Funding.--The allocation of 
     funds for demonstration projects under subsection (a) shall 
     not result in any reduction in funds required by the Native 
     Hawaiian health care systems, the Native Hawaiian Health 
     Centers, the Native Hawaiian Health Scholarship Program, or 
     Papa Ola Lokahi to carry out the respective responsibilities 
     of those entities under this Act.

     ``SEC. 15. RULE OF CONSTRUCTION.

       ``Nothing in this Act restricts the authority of the State 
     to require licensing of, and issue licenses to, health 
     practitioners.

     ``SEC. 16. COMPLIANCE WITH BUDGET ACT.

       ``Any new spending authority described in subparagraph (A) 
     or (B) of section 401(c)(2) of the Congressional Budget Act 
     of 1974 (2 U.S.C. 651(c)(2)) that is provided under this Act 
     shall be effective for any fiscal year only to such extent or 
     in such amounts as are provided for in Acts of appropriation.

     ``SEC. 17. SEVERABILITY.

       ``If any provision of this Act, or the application of any 
     such provision to any person or circumstance, is determined 
     by a court of competent jurisdiction to be invalid, the 
     remainder of this Act, and the application of the provision 
     to a person or circumstance other than that to which the 
     provision is held invalid, shall not be affected by that 
     holding.''.
                                 ______
                                 
      By Mr. KERRY (for himself and Ms. Snowe):
  S. 77. A bill to amend title XXI of the Social Security Act to 
provide for equal coverage of mental health services under the State 
Children's Health Insurance Program; to the Committee on Finance.
  Mr. KERRY. Mr. President, it is my great hope that Congress will move 
this year to see that the successful, bipartisan State Children's 
Health Insurance Program, SCHIP, is allowed the opportunity to fulfill 
its promise to the low-income children of this country. For over 11 
years it has provided, along with Medicaid, the type of meaningful and 
affordable health insurance coverage that each and every American child 
deserves. Yet there is much work to be done to improve this program, 
and the reauthorization of SCHIP gives us the opportunity to expand 
these successful programs to many of the nine million uninsured 
children in the country today, starting with the 6 million that are 
already eligible for public programs but not yet enrolled.
  While expanding coverage to the uninsured is our top priority, it is 
equally important to ensure that the types of benefits offered to our 
Nation's children are quality services that are available when needed. 
Unfortunately, when it comes to mental health coverage, that is too 
often not the case today. Therefore, I am introducing today, along with 
Senator Snowe, the Children's Mental Health Parity Act which provides 
for equal coverage of mental health care for all children enrolled in 
the State Children's Health

[[Page 124]]

Insurance Plan, SCHIP. This was passed as part of the SCHIP 
reauthorization last year, but unfortunately the bill was vetoed by 
President Bush.
  I am encouraged by the passage of the Paul Wellstone and Pete 
Domenici Mental Health Parity and Addiction Equity Act in October 2008. 
It is now time to extend the same parity in mental health coverage to 
our children that we give to adults. Mental illness is a critical 
problem for the young people in this country today. The numbers are 
startling. Mental disorders affect about one in five American children 
and up to 9 percent of kids experience serious emotional disturbances 
that severely impact their functioning. Low-income children, those the 
SCHIP program is designed to cover, have the highest rates of mental 
health problems.
  Yet the sad reality is that an estimated \2/3\ of all young people 
struggling with mental health disorders do not receive the care they 
need. We are failing our children when we do not provide appropriate 
treatment of mental health disorders. The consequences of this failure 
could not be more severe. Without early and effective intervention, 
affected children are less likely to do well in school and more likely 
to have compromised employment and earnings opportunities. Moreover, 
untreated mental illness may increase a child's risk of coming into 
contact with the juvenile justice system. Finally, children with mental 
disorders are at a much higher risk for suicide.
  Unfortunately, many states' SCHIP programs are not providing the type 
of mental health care coverage that our most vulnerable children 
deserve. Many States impose discriminatory limits on mental health care 
coverage that do not apply to medical and surgical care. These can 
include caps on coverage of inpatient days and outpatient visits, as 
well as cost and testing restrictions that impair the ability of our 
physicians to make the best judgments for our kids.
  The Children's Mental Health Parity Act would prohibit discriminatory 
limits on mental health care in SCHIP plans by directing that any 
financial requirements or treatment limitations that apply to mental 
health or substance abuse services must be no more restrictive than the 
financial requirements or treatment limits that apply to other medical 
services. This bill would also eliminate a harmful provision in current 
law that authorizes states to lower the amount of mental health 
coverage they provide to children to just 75 percent of the coverage 
provided in other health care plans used by states.
  Many of the leading advocacy groups have endorsed the Children's 
Mental Health Parity Act, including Mental Health America, the American 
Academy of Child & Adolescent Psychiatry, the Bazelon Center for Mental 
Health Law, Fight Crime: Invest in Kids, The National Association for 
Children's Behavioral Health, the National Association of Psychiatric 
Health Systems, and the National Council for Community Behavioral 
Health care.
  America's kids who are covered through SCHIP should be guaranteed 
that the mental health benefits they receive are just as comprehensive 
as those for medical and surgical care. It is no less important to care 
for our kids' mental health, and this unfair and unwise disparity 
should no longer be acceptable. As we debate many important features of 
the SCHIP program during reauthorization, I look forward to working 
with colleagues on both sides of the aisle to see that this important, 
bipartisan measure receives the support that it deserves.
                                 ______
                                 
      By Mr. KERRY (for himself and Ms. Snowe):
  S.78. A bill to amend the Internal Revenue Code of 1986 to provide a 
full exclusion for gain from certain small business stocks; to the 
Committee on Finance.
  Mr. KERRY. Mr. President, our economy is in the midst of the worst 
economic downturn since since the Great Depression. We all realize that 
small businesses are the backbone of our economy. During these 
difficult times, many small businesses are having trouble accessing 
credit which leads to a decline in job creation and innovation.
  Many of our most successful corporations started as small businesses, 
including AOL, Apple Computer, Compac Computer, Datastream, Evergreen 
Solar, Intel Corporations, and Sun Microsystems. As you can see from 
this partial list, many of these companies played an integral role in 
making the Internet a reality.
  Today, Senator Snowe and I are introducing the Invest in Small 
Business Act of 2009 to encourage private investment in small 
businesses by making changes to the existing partial exclusion for gain 
from certain small business stock.
  Investing in small businesses is essential to turning around the 
economy. Not only will investment in small business spur job creation. 
it will lead to new technological breakthroughs. We are at an integral 
juncture in developing technology to address global climate change. I 
believe that small business will repeat the role it played at the 
vanguard of the computer revolution--by leading the Nation in 
developing the technologies to substantially reduce carbon emissions. 
Small businesses already are at the forefront of these industries, and 
we need to do everything we can to encourage investment in small 
businesses.
  Back in 1993, I worked with Senator Bumpers to enact legislation to 
provide a 50 percent exclusion for gain for individuals from the sale 
of certain small business stock that is held for 5 years. This 
provision would provide a 50 percent exclusion for gain for individuals 
from the sale of certain small business stock that is held for 5 years. 
Since the enactment of this provision, the capital gains rate has been 
lowered twice without any changes to the exclusion. Due to the lower 
capital rates, this provision no longer provides a strong incentive for 
investment in small businesses.
  The Invest in Small Business Act of 2009 makes several changes to the 
existing provision. This legislation increases the exclusion amount 
from 50 percent to 100 percent and decreases the holding period from 5 
to 4 years. This bill would allow corporations to benefit from the 
provision as long as they own less than 25 percent of the small 
business corporation stock.
  Currently, the exclusion is treated as a preference item for 
calculating the alternative minimum tax, AMT. The Invest in Small 
Business Act of 2009 would repeal the exclusion as an AMT preference 
item.
  The Invest in Small Business Act of 2009 will provide an effective 
tax rate of 0 percent for the gain from the sale of certain small 
businesses. This lower capital gains rate will encourage investment in 
small businesses. In addition, the changes made by the Invest in Small 
Business Act of 2009 will make more taxpayers eligible for this 
provision.
  I urge my colleagues to support the Invest in Small Business Act of 
2009 which strengthens an existing tax incentive to provide an 
appropriate incentive to encourage innovation and entrepreneurship.
                                 ______
                                 
      By Mr. KERRY:
  S. 79. A bill to amend the Social Security Act to establish a Federal 
Reinsurance Program for Catastrophic Health Care Costs; to the 
Committee on Finance.
  Mr. KERRY. Mr. President, my home State of Massachusetts is setting 
an example for the rest of the country by taking bold steps to provide 
quality health coverage for everyone. Now it is time for Washington to 
do the same by bringing meaningful, affordable healthcare to the 
uninsured, in Massachusetts and across America.
  In Massachusetts the cost of health care is a major obstacle to the 
overall goal of universal coverage. The problem of the uninsured can't 
be solved unless the issue of skyrocketing health costs to families and 
businesses is also tackled. And fully reforming the healthcare system 
requires that the Federal Government begin shouldering some of the 
burden to help alleviate costs.
  Healthcare costs are highly concentrated in this country. The very 
few who suffer from catastrophic illness or injury drive costs up for 
everyone. One

[[Page 125]]

percent of patients account for 25 percent of healthcare costs, and 20 
percent of patients account for 80 percent of costs. To make healthcare 
more affordable, we must find a better way to share the immense burden 
of insuring the chronically ill and seriously injured.
  Part of the reason that businesses and health plans today fail to 
cover their workers is an aversion to risk. Patients who are 
catastrophically ill or injured often face the tragic combination of 
failing health and financial peril. But there's a way to combat these 
costs.
  Congress should make employers and healthcare plans an offer they 
can't refuse. It's called ``reinsurance.'' Reinsurance provides a 
backstop for the high costs of healthcare. The Federal Government will 
reimburse a percentage of the highest cost cases if employers agree to 
offer comprehensive health insurance benefits to all full time 
employees, including preventative care and health promotion benefits 
that are proven to make care affordable. This will result in lower 
costs and lower premiums for both employers and employees. If the 
Federal Government can help small and large businesses bear the burden 
of cost in the most expensive cases, we'll dramatically improve the 
access to health care for everyone.
  That is why I am introducing the Healthy Businesses, Healthy Workers 
Reinsurance Act, to make the federal government a partner in helping 
businesses with the heavy financial burden of those catastrophic cases. 
Specifically, this legislation is designed to assist those catastrophic 
cases that cost more than $50,000 in a single year. Healthy Businesses, 
Healthy Workers will protect business owners from skyrocketing 
premiums, and provide more working families affordable, quality 
healthcare. With reinsurance, health insurance premiums for all of us 
will go down, by up to approximately 10 percent under this plan. This 
plan does have a cost associated with it, but the benefits will 
outweigh the costs. We spend hundreds of billions of dollars each year 
on inefficient and wasteful health expenditures. We need to make sure 
that these funds are being spent wisely to ensure that we can lower 
health care costs and improve coverage.
  I believe that we must act now to address the health care crisis in 
America, taking steps that create real change and address both access 
to care and the cost of care. There is a growing bipartisan consensus 
that the Federal Government has a responsibility to help the 
catastrophically ill. As we take the next steps toward alleviating our 
nation's health care crisis, a commonsense partnership between 
employers, families, and the government to share the costs of the 
sickest among us will lay the groundwork for achieving our ultimate 
goal: meaningful health care coverage for every single American. I ask 
all my colleagues to support this legislation.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 111. A bill for the relief of Joseph Gabra and Sharon Kamel; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am offering today private relief 
legislation to provide lawful permanent resident status to Joseph Gabra 
and his wife, Sharon Kamel, Egyptian nationals currently living with 
their children in Camarillo, California.
  Joseph Gabra and Sharon Kamel entered the United States legally on 
November 1, 1998, on tourist visas. They immediately filed for 
political asylum based on religious persecution.
  The couple fled Egypt because they had been targeted for their active 
involvement in the Coptic Christian Church in Egypt. Mr. Gabra was 
employed from 1990-1998 by the Coptic Catholic Diocese Church in El-
Fayoum as an accountant and ``project coordinator'' in the Office of 
Human and Social Elevation. He was responsible for building community 
facilities such as religious schools, among other things.
  His wife, Sharon Kamel, was employed as the Director for Training in 
the Human Resources Department of the Coptic Church.
  Both Mr. Gabra and Ms. Kamel had paid full-time positions with the 
Coptic Church.
  Unfortunately, they and their families suffered abuse because of 
their commitment to their church. Mr. Gabra was repeatedly jailed by 
Egyptian authorities because of his work for the church. In addition, 
Ms. Kamel's cousin was murdered and her brother's business was fire-
bombed.
  When Ms. Kamel became pregnant with their first child, the family was 
warned by a member of the Muslim brotherhood that if they did not raise 
their child as a Muslim, the child would be kidnapped and taken from 
them.
  Frightened by these threats, the young family sought refuge in the 
United States. Unfortunately, when they sought asylum here, Mr. Gabra, 
who has a speech impediment, had difficulty communicating his fear of 
persecution to the immigration judge.
  The judge denied their petition, telling the family that he did not 
see why they could not just move to another city in Egypt to avoid the 
abuse they were suffering. Since the time that they were denied asylum, 
Ms. Kamel's brother, who lived in the same town and suffered similar 
abuse, was granted asylum.
  I have decided to offer legislation on their behalf because I believe 
that, without it, this hardworking couple and their four United States 
citizen children would endure immense and unfair hardship.
  First, in the ten years that Mr. Gabra and Ms. Kamel have lived here, 
they have worked to adjust their status through the appropriate legal 
channels. They left behind employment in Egypt and came to the United 
States on a lawful visa. Once here, they immediately notified 
authorities of their intent to seek asylum here. They have played by 
the rules and followed our laws.
  In addition, during those ten years, the couple has had four U.S. 
citizen children who do not speak Arabic and are unfamiliar with 
Egyptian culture. If the family is deported, the children would have to 
acclimate to a different culture, language and way of life.
  Jessica, age 10, is the Gabras' oldest child, and in the Gifted and 
Talented Education program in Ventura County. Rebecca, age 9, and 
Rafael, age 8, are old enough to understand that they would be leaving 
their schools, their teachers, their friends and their home. Veronica, 
the Gabra's youngest child, is just 3 years old.
  More troubling is the very real possibility that if sent to Egypt, 
these four American children would suffer discrimination and 
persecution because of their religion, just as the rest of their family 
reports.
  Mr. Gabra and Ms. Kamel have made a positive life for themselves and 
their family in the United States. Both have earned college degrees in 
Egypt and once in the United States, Mr. Gabra passed the Certified 
Public Accountant Examination on August 4, 2003. Since arriving here, 
Mr. Gabra has consistently worked to support his family.
  The positive impact they have made on their community is highlighted 
by the fact that I received a letter of support on their behalf signed 
by 160 members of their church and community. From everything I have 
learned about the family, we can expect that they will continue to 
contribute to their community in productive ways.
  Given these extraordinary and unique facts, I ask my colleagues to 
support this private relief bill on behalf of Joseph Gabra and Sharon 
Kamel.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 111

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADJUSTMENT OF STATUS.

       (a) In General.--Notwithstanding any other provision of 
     law, for the purposes of the Immigration and Nationality Act 
     (8 U.S.C. 1101 et seq.), Joseph Gabra and Sharon Kamel shall 
     each be deemed to have been lawfully admitted to, and 
     remained in, the United States, and shall be eligible for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence under section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) upon filing an 
     application for such adjustment of status.

[[Page 126]]

       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if the application for adjustment of status is 
     filed with appropriate fees not later than 2 years after the 
     date of the enactment of this Act.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of permanent resident status to Joseph Gabra and Sharon 
     Kamel, the Secretary of State shall instruct the proper 
     officer to reduce by 2, during the current or subsequent 
     fiscal year, the total number of immigrant visas that are 
     made available to natives of the country of birth of Joseph 
     Gabra and Sharon Kamel under section 203(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)), or, if 
     applicable, the total number of immigrant visas that are made 
     available to natives to the country of birth of Joseph Gabra 
     and Sharon Kamel under section 202(e) of that Act (8 U.S.C. 
     1152(e)).
                                 ______
                                 
      By Mr. INOUYE:
  S. 112. A bill to treat certain hospital support organizations as 
qualified organizations for purposes of determining acquisition 
indebtedness; to the Committee on Finance.
  Mr. INOUYE. Mr. President, the legislation I have reintroduced will 
extend to qualified teaching hospital support organizations the 
existing debt-financed safe harbor rule. Congress enacted that rule to 
support the public service activities of tax-exempt schools, 
universities, pension funds, and consortia of such institutions. Our 
teaching hospitals require similar support.
  As a result, for-profit hospitals are moving from older areas to 
affluent locations where residents can afford to pay for treatment. 
These private hospitals typically have no mandate for community 
service. In contrast, nonprofit hospitals must fulfill a community 
service requirement. They must stretch their resources to provide 
increased charitable care, update their facilities, and maintain 
skilled staffing resulting in closures of nonprofit hospitals due to 
this financial strain.
  The problem is particularly severe for teaching hospitals. Non-profit 
hospitals provide nearly all the postgraduate medical education in the 
United States. Post-graduate medical instruction is by nature not 
profitable. Instruction in the treatment of mental disorders and trauma 
is especially costly.
  Despite their financial problem the Nation's nonprofit hospitals 
strive to deliver a very high level of service. A study in the December 
2006 issue of Archives of International Medicine had surveyed 
hospitals' quality of care in four areas of treatment. It found that 
nonprofit hospitals consistently outperformed for-profit hospitals. It 
also found that teaching hospitals had a higher level of performance in 
treatment and diagnosis. It said that investment in technology and 
staffing leads to better care. And it recommended that alternative 
payments and sources of payments be considered to finance these 
improvements.
  The success and financial constraints of nonprofit teaching hospitals 
is evident in work of the Queen's Health Systems in my State. This 147-
year-old organization maintains the largest, private, nonprofit 
hospital in Hawaii. It serves as the primary clinical teaching facility 
for the University of Hawaii's medical residency programs in medicine, 
general surgery, orthopedic surgery, obstetrics-gynecology, pathology, 
and psychiatry. It conducts educational and training programs for 
nurses and allied health personnel. It operates the only trauma unit as 
well as the chief behavioral health program in the State. It maintains 
clinics throughout Hawaii, health programs for native Hawaiians, and a 
small hospital on a rural, economically depressed island. Its medical 
reference library is the largest in the State. Not the least, it 
annually provides millions of dollars in uncompensated health services. 
To help pay for these community benefits, the Queen's Health Systems, 
as other nonprofit teaching hospitals, relies significantly on income 
from its endowment.
  In the past, the Congress has allowed tax-exempt schools, colleges, 
universities, and pension funds to invest their endowment in real 
estate so as to better meet their financial needs. Under the tax code 
these organizations can incur debt for real estate investments without 
triggering the tax on unrelated business activities.
  If the Queen's Health Systems were part of a university, it could 
borrow without incurring an unrelated business income tax. Not being 
part of a university, however, a teaching hospital and its support 
organization run into the tax code's debt financing prohibition. 
Nonprofit teaching hospitals have the same if not more pressing needs 
as universities, schools, and pension trusts. The same safe harbor rule 
should be extended to teaching hospitals.
  My bill would allow the support organizations for qualified teaching 
hospitals to engage in limited borrowing to enhance their endowment 
income. The proposal for teaching hospitals is actually more restricted 
than current law for schools, universities and pension trusts. Under 
safeguards developed by the Joint Committee on Taxation staff, a 
support organization for a teaching hospital can not buy and develop 
land on a commercial basis. The proposal is tied directly to the 
organization endowment. The staff's revenue estimates show that the 
provision with its general application will help a number of teaching 
hospitals.
  The U.S. Senate several times has acted favorably on this proposal. 
The Senate adopted a similar provision in H.R. 1836, the Economic 
Growth and Tax Relief Act of 2001. The House conferees on that bill, 
however, objected that the provision was unrelated to the bill's focus 
on individual tax relief and the conference deleted the provision from 
the final legislation. Subsequently, the Finance Committee included the 
provision in H.R. 7, the CARE Act of 2002, and in S. 476, the CARE Act 
of 2003 which the Senate passed. In a previous Congress' S. 6, the 
Marriage, Opportunity, Relief, and Empowerment Act of 2005, which the 
Senate leadership introduced, also included the proposal.
  As the Senate Finance Committee's recent hearings show, substantial 
health needs would go unmet if not for our charitable hospitals. It is 
time for the Congress to assist the Nation's teaching hospitals in 
their charitable, educational service.
  Mr. President, I ask unanimous consent that the text of the bill by 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 112

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TREATMENT OF CERTAIN HOSPITAL SUPPORT 
                   ORGANIZATIONS AS QUALIFIED ORGANIZATIONS FOR 
                   PURPOSES OF DETERMINING ACQUISITION 
                   INDEBTEDNESS.

       (a) In General.--Subparagraph (C) of section 514(c)(9) of 
     the Internal Revenue Code of 1986 (relating to real property 
     acquired by a qualified organization) is amended by striking 
     ``or'' at the end of clause (iii), by striking the period at 
     the end of clause (iv) and inserting ``; or'', and by adding 
     at the end the following new clause:
       ``(v) a qualified hospital support organization (as defined 
     in subparagraph (I)).''.
       (b) Qualified Hospital Support Organizations.--Paragraph 
     (9) of section 514(c) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new subparagraph:
       ``(I) Qualified hospital support organizations.--For 
     purposes of subparagraph (C)(iv), the term `qualified 
     hospital support organization' means, with respect to any 
     eligible indebtedness (including any qualified refinancing of 
     such eligible indebtedness), a support organization (as 
     defined in section 509(a)(3)) which supports a hospital 
     described in section 119(d)(4)(B) and with respect to which--
       ``(i) more than half of its assets (by value) at any time 
     since its organization--

       ``(I) were acquired, directly or indirectly, by 
     testamentary gift or devise, and
       ``(II) consisted of real property, and

       ``(ii) the fair market value of the organization's real 
     estate acquired, directly or indirectly, by gift or devise, 
     exceeded 25 percent of the fair market value of all 
     investment assets held by the organization immediately prior 
     to the time that the eligible indebtedness was incurred.

     For purposes of this subparagraph, the term `eligible 
     indebtedness' means indebtedness secured by real property 
     acquired by the organization, directly or indirectly, by gift 
     or devise, the proceeds of which are used exclusively to 
     acquire any leasehold interest in such real property or for 
     improvements on, or repairs to, such real property. A 
     determination under clauses (i) and (ii) of this subparagraph 
     shall be made each time such

[[Page 127]]

     an eligible indebtedness (or the qualified refinancing of 
     such an eligible indebtedness) is incurred. For purposes of 
     this subparagraph, a refinancing of such an eligible 
     indebtedness shall be considered qualified if such 
     refinancing does not exceed the amount of the refinanced 
     eligible indebtedness immediately before the refinancing.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to indebtedness incurred on or after the date of 
     the enactment of this Act.
                                 ______
                                 
      By Mr. INOUYE:
  S. 113. A bill to amend the Public Health Service Act to provide 
health care practitioners in rural areas with training in preventive 
health care, including both physical and mental care, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. INOUYE. Mr. President, I rise today, again, to introduce the 
Rural Preventive Health Care Training Act, a bill that responds to the 
dire need of our rural communities for quality health care and disease 
prevention programs. Almost one fourth of Americans live in rural areas 
and frequently lack access to adequate physical and mental health care. 
As many as 21 million of the 3 million people living in underserved 
rural areas are without access to a primary care provider. Even in 
areas where providers do exist, there are numerous limits to access, 
such as geography, distance, lack of transportation, and lack of 
knowledge about available resources. Due to the diversity of rural 
populations, language and cultural obstacles are often a factor in the 
access to medical care.
  Compound these problems with limited financial resources, and the 
result is that many Americans living in rural communities go without 
vital health care, especially preventive care. Children fail to receive 
immunizations and routine checkups. Preventable illnesses and injuries 
occur needlessly, and lead to expensive hospitalizations. Early 
symptoms of emotional problems and substance abuse go undetected, and 
often develop into full-blown disorders.
  An Institute of Medicine, IOM, report entitled, ``Reducing Risks for 
Mental Disorders: Frontiers for Preventive Intervention Research,'' 
highlights the benefits of preventive care for all health problems. The 
training of health care providers in prevention is crucial in order to 
meet the demand for care in underserved areas. Currently, rural health 
care providers lack preventive care training opportunities.
  Interdisciplinary preventive training of rural health care providers 
must be encouraged. Through such training, rural health care providers 
can build a strong educational foundation from the behavioral, 
biological, and psychological sciences. Interdisciplinary team 
prevention training will also facilitate operations at sites with both 
health and mental health clinics by facilitating routine consultation 
between groups. Emphasizing the mental health disciplines and their 
services as part of the health care team will contribute to the overall 
health of rural communities.
  The Rural Preventive Health Care Training Act would implement the 
risk-reduction model described in the IOM study. This model is based on 
the identification of risk factors and targets specific interventions 
for those risk factors. The human suffering caused by poor health is 
immeasurable, and places a huge financial burden on communities, 
families, and individuals. By implementing preventive measures to 
reduce this suffering, the potential psychological and financial 
savings are enormous.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 113

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rural Preventive Health Care 
     Training Act of 2009''.

     SEC. 2. PREVENTIVE HEALTH CARE TRAINING.

       Part D of title VII of the Public Health Service Act (42 
     U.S.C. 294 et seq.) is amended by inserting after section 754 
     the following:

     ``SEC. 754A. PREVENTIVE HEALTH CARE TRAINING.

       ``(a) In General.--The Secretary may make grants to, and 
     enter into contracts with, eligible applicants to enable such 
     applicants to provide preventive health care training, in 
     accordance with subsection (c), to health care practitioners 
     practicing in rural areas. Such training shall, to the extent 
     practicable, include training in health care to prevent both 
     physical and mental disorders before the initial occurrence 
     of such disorders. In carrying out this subsection, the 
     Secretary shall encourage, but may not require, the use of 
     interdisciplinary training project applications.
       ``(b) Limitation.--To be eligible to receive training using 
     assistance provided under subsection (a), a health care 
     practitioner shall be determined by the eligible applicant 
     involved to be practicing, or desiring to practice, in a 
     rural area.
       ``(c) Use of Assistance.--Amounts received under a grant 
     made or contract entered into under this section shall be 
     used--
       ``(1) to provide student stipends to individuals attending 
     rural community colleges or other institutions that service 
     predominantly rural communities, for the purpose of enabling 
     the individuals to receive preventive health care training;
       ``(2) to increase staff support at rural community colleges 
     or other institutions that service predominantly rural 
     communities to facilitate the provision of preventive health 
     care training;
       ``(3) to provide training in appropriate research and 
     program evaluation skills in rural communities;
       ``(4) to create and implement innovative programs and 
     curricula with a specific prevention component; and
       ``(5) for other purposes as the Secretary determines to be 
     appropriate.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $5,000,000 for each of fiscal years 2010 through 2013.''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 114. A bill to amend the Public Health Service Act to provide for 
the establishment of a National Center for Social Work Research; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. INOUYE. Mr. President, I rise, again, today to reintroduce 
legislation to amend the Public Health Service Act for the 
establishment of a National Center for Social Work Research. Social 
workers provide a multitude of health care delivery services throughout 
America to our children, families, the elderly, and persons suffering 
from various forms of abuse and neglect. The purpose of this center is 
to support and disseminate information about the basic and clinical 
social work research and training, with emphasis on service to 
underserved and rural populations.
  While the Federal Government provides funding for various social work 
research activities through the National Institutes of Health and other 
Federal agencies, there presently is no coordination or direction of 
these critical activities and no overall assessment of needs and 
opportunities for empirical knowledge development. The establishment of 
a Center for Social Work Research would result in improved behavioral 
and mental health care outcomes for our Nation's children, families, 
the elderly, and others.
  In order to meet the increasing challenges of bringing cost-
effective, research-based quality health care to all Americans, we must 
recognize the important contributions of social work researchers to 
health care delivery and central role that the Center for Social Work 
can provide in facilitating their work.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 114

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Center for Social 
     Work Research Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) social workers focus on the improvement of individual 
     and family functioning and the creation of effective health 
     and mental health prevention and treatment interventions in 
     order for individuals to become more productive members of 
     society;
       (2) social workers provide front line prevention and 
     treatment services in the areas of school violence, aging, 
     teen pregnancy, child abuse, domestic violence, juvenile 
     crime, and substance abuse, particularly in rural and 
     underserved communities; and

[[Page 128]]

       (3) social workers are in a unique position to provide 
     valuable research information on these complex social 
     concerns, taking into account a wide range of social, 
     medical, economic and community influences from an 
     interdisciplinary, family-centered and community-based 
     approach.

     SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK 
                   RESEARCH.

       (a) In General.--Section 401(a) of the Public Health 
     Service Act (42 U.S.C. 281(a)) is amended by adding at the 
     end the following:
       ``(26) The National Center for Social Work Research.''.
       (b) Establishment.--Part E of title IV of the Public Health 
     Service Act (42 U.S.C. 287 et seq.) is amended by adding at 
     the end the following:

         ``Subpart 7--National Center for Social Work Research

     ``SEC. 485I. PURPOSE OF CENTER.

       ``The general purpose of the National Center for Social 
     Work Research (referred to in this subpart as the `Center') 
     is the conduct and support of, and dissemination of targeted 
     research concerning social work methods and outcomes related 
     to problems of significant social concern. The Center shall--
       ``(1) promote research and training that is designed to 
     inform social work practices, thus increasing the knowledge 
     base which promotes a healthier America; and
       ``(2) provide policymakers with empirically-based research 
     information to enable such policymakers to better understand 
     complex social issues and make informed funding decisions 
     about service effectiveness and cost efficiency.

     ``SEC. 485J. SPECIFIC AUTHORITIES.

       ``(a) In General.--To carry out the purpose described in 
     section 485I, the Director of the Center may provide research 
     training and instruction and establish, in the Center and in 
     other nonprofit institutions, research traineeships and 
     fellowships in the study and investigation of the prevention 
     of disease, health promotion, the association of 
     socioeconomic status, gender, ethnicity, age and geographical 
     location and health, the social work care of individuals 
     with, and families of individuals with, acute and chronic 
     illnesses, child abuse, neglect, and youth violence, and 
     child and family care to address problems of significant 
     social concern especially in underserved populations and 
     underserved geographical areas.
       ``(b) Stipends and Allowances.--The Director of the Center 
     may provide individuals receiving training and instruction or 
     traineeships or fellowships under subsection (a) with such 
     stipends and allowances (including amounts for travel and 
     subsistence and dependency allowances) as the Director 
     determines necessary.
       ``(c) Grants.--The Director of the Center may make grants 
     to nonprofit institutions to provide training and instruction 
     and traineeships and fellowships under subsection (a).

     ``SEC. 485K. ADVISORY COUNCIL.

       ``(a) Duties.--
       ``(1) In general.--The Secretary shall establish an 
     advisory council for the Center that shall advise, assist, 
     consult with, and make recommendations to the Secretary and 
     the Director of the Center on matters related to the 
     activities carried out by and through the Center and the 
     policies with respect to such activities.
       ``(2) Gifts.--The advisory council for the Center may 
     recommend to the Secretary the acceptance, in accordance with 
     section 231, of conditional gifts for study, investigations, 
     and research and for the acquisition of grounds or 
     construction, equipment, or maintenance of facilities for the 
     Center.
       ``(3) Other duties and functions.--The advisory council for 
     the Center--
       ``(A)(i) may make recommendations to the Director of the 
     Center with respect to research to be conducted by the 
     Center;
       ``(ii) may review applications for grants and cooperative 
     agreements for research or training and recommend for 
     approval applications for projects that demonstrate the 
     probability of making valuable contributions to human 
     knowledge; and
       ``(iii) may review any grant, contract, or cooperative 
     agreement proposed to be made or entered into by the Center;
       ``(B) may collect, by correspondence or by personal 
     investigation, information relating to studies that are being 
     carried out in the United States or any other country and, 
     with the approval of the Director of the Center, make such 
     information available through appropriate publications; and
       ``(C) may appoint subcommittees and convene workshops and 
     conferences.
       ``(b) Membership.--
       ``(1) In general.--The advisory council shall be composed 
     of the ex officio members described in paragraph (2) and not 
     more than 18 individuals to be appointed by the Secretary 
     under paragraph (3).
       ``(2) Ex officio members.--The ex officio members of the 
     advisory council shall include--
       ``(A) the Secretary of Health and Human Services, the 
     Director of NIH, the Director of the Center, the Chief Social 
     Work Officer of the Veterans' Administration, the Assistant 
     Secretary of Defense for Health Affairs, the Associate 
     Director of Prevention Research at the National Institute of 
     Mental Health, the Director of the Division of Epidemiology 
     and Services Research, the Assistant Secretary of Health and 
     Human Services for the Administration for Children and 
     Families, the Assistant Secretary of Education for the Office 
     of Educational Research and Improvement, the Assistant 
     Secretary of Housing and Urban Development for Community 
     Planning and Development, and the Assistant Attorney General 
     for Office of Justice Programs (or the designees of such 
     officers); and
       ``(B) such additional officers or employees of the United 
     States as the Secretary determines necessary for the advisory 
     council to effectively carry out its functions.
       ``(3) Appointed members.--The Secretary shall appoint not 
     to exceed 18 individuals to the advisory council, of which--
       ``(A) not more than two-thirds of such individual shall be 
     appointed from among the leading representatives of the 
     health and scientific disciplines (including public health 
     and the behavioral or social sciences) relevant to the 
     activities of the Center, and at least 7 such individuals 
     shall be professional social workers who are recognized 
     experts in the area of clinical practice, education, or 
     research; and
       ``(B) not more than one-third of such individuals shall be 
     appointed from the general public and shall include leaders 
     in fields of public policy, law, health policy, economics, 
     and management.

     The Secretary shall make appointments to the advisory council 
     in such a manner as to ensure that the terms of the members 
     do not all expire in the same year.
       ``(4) Compensation.--Members of the advisory council who 
     are officers or employees of the United States shall not 
     receive any compensation for service on the advisory council. 
     The remaining members shall receive, for each day (including 
     travel time) they are engaged in the performance of the 
     functions of the advisory council, compensation at rates not 
     to exceed the daily equivalent of the maximum rate payable 
     for a position at grade GS-15 of the General Schedule.
       ``(c) Terms.--
       ``(1) In general.--The term of office of an individual 
     appointed to the advisory council under subsection (b)(3) 
     shall be 4 years, except that any individual appointed to 
     fill a vacancy on the advisory council shall serve for the 
     remainder of the unexpired term. A member may serve after the 
     expiration of the member's term until a successor has been 
     appointed.
       ``(2) Reappointments.--A member of the advisory council who 
     has been appointed under subsection (b)(3) for a term of 4 
     years may not be reappointed to the advisory council prior to 
     the expiration of the 2-year period beginning on the date on 
     which the prior term expired.
       ``(3) Vacancy.--If a vacancy occurs on the advisory council 
     among the members under subsection (b)(3), the Secretary 
     shall make an appointment to fill that vacancy not later than 
     90 days after the date on which the vacancy occurs.
       ``(d) Chairperson.--The chairperson of the advisory council 
     shall be selected by the Secretary from among the members 
     appointed under subsection (b)(3), except that the Secretary 
     may select the Director of the Center to be the chairperson 
     of the advisory council. The term of office of the 
     chairperson shall be 2 years.
       ``(e) Meetings.--The advisory council shall meet at the 
     call of the chairperson or upon the request of the Director 
     of the Center, but not less than 3 times each fiscal year. 
     The location of the meetings of the advisory council shall be 
     subject to the approval of the Director of the Center.
       ``(f) Administrative Provisions.--The Director of the 
     Center shall designate a member of the staff of the Center to 
     serve as the executive secretary of the advisory council. The 
     Director of the Center shall make available to the advisory 
     council such staff, information, and other assistance as the 
     council may require to carry out its functions. The Director 
     of the Center shall provide orientation and training for new 
     members of the advisory council to provide such members with 
     such information and training as may be appropriate for their 
     effective participation in the functions of the advisory 
     council.
       ``(g) Comments and Recommendations.--The advisory council 
     may prepare, for inclusion in the biennial report under 
     section 485L--
       ``(1) comments with respect to the activities of the 
     advisory council in the fiscal years for which the report is 
     prepared;
       ``(2) comments on the progress of the Center in meeting its 
     objectives; and
       ``(3) recommendations with respect to the future direction 
     and program and policy emphasis of the center.
     The advisory council may prepare such additional reports as 
     it may determine appropriate.

     ``SEC. 485L. BIENNIAL REPORT.

       ``The Director of the Center, after consultation with the 
     advisory council for the Center, shall prepare for inclusion 
     in the biennial report under section 403, a biennial report 
     that shall consist of a description of the activities of the 
     Center and program policies of the Director of the Center in 
     the fiscal years for which the report is prepared. The 
     Director of the Center may prepare such additional reports as 
     the Director determines

[[Page 129]]

     appropriate. The Director of the Center shall provide the 
     advisory council of the Center an opportunity for the 
     submission of the written comments described in section 
     485K(g).

     ``SEC. 485M. QUARTERLY REPORT.

       ``The Director of the Center shall prepare and submit to 
     Congress a quarterly report that contains a summary of 
     findings and policy implications derived from research 
     conducted or supported through the Center.''.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 116. A bill to require the Secretary of the Treasury to allocate 
$10,000,000,000 of Troubled Asset Relief Program funds to local 
governments that have suffered significant losses due to highly-rated 
investments in failed financial institutions; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
that will provide relief to local governments that have suffered losses 
due to highly-rated investments with failed financial institutions, 
such as Lehman Brothers and Washington Mutual.
  The TARP Assistance for Local Governments Act would require the 
Treasury Secretary to provide $10 billion in TARP funds to local 
governments that suffered losses due to investments in failed financial 
institutions; and limit relief to local governments with investments in 
failed financial institutions that were highly rated, as determined by 
the Treasury Secretary.
  This legislation is necessary because local governments are in 
jeopardy of losing up to $10 billion as a result of these investments.
  In California 28 cities and counties could lose nearly $300 million.
  These investments include basic operational funds which cities and 
counties rely upon to function.
  For many cities and counties that are already struggling with budget 
shortfalls, the consequences of these losses are severe.
  Public safety, education, public health, infrastructure, and transit 
will be compromised.
  Communities large and small are significantly impacted.
  These are examples from my State that demonstrate the gravity of this 
situation.
  This list was included in a December 22 letter to Secretary Paulson, 
and to date, I have not received a response. San Mateo County sustained 
a loss of $30 million, which will require the county to abandon plans 
for a new and urgently needed county jail. The current jail will 
continue to operate in overcrowded conditions, far beyond the rating of 
the facility. The result will be unsafe working conditions for the 
corrections personnel and the likelihood that convicted criminals will 
be released into the community early and in large numbers.
  The City of Shafter, a small community of 15,000 in the San Joaquin 
Valley, sustained a loss of $300,000, or nearly 4 percent of its annual 
budget. The City will be forced to make across-the-board cuts in all 
services, including police and fire.
  Monterey County is facing a $30 million loss. Amid numerous other 
cuts, hardest hit will be programs targeting gang activities, including 
a special task force and the construction of new adult and juvenile 
corrections facilities to manage these criminals.
  The San Mateo County Transportation Authority sustained a loss of 
more than $25 million, which will mean delays and higher costs for 
major projects that will reduce emissions and traffic, specifically the 
electrification of the Caltrain Peninsula Commuter Rail Service. 
Similarly, cuts in highway and roads projects will put more people on 
the local roads for longer times at a major cost in compromised air 
quality.
  The City of Culver City has lost $1 million. This will result in a 
substantial reduction in planned street repairs and higher liability 
exposure from accidents, greater environmental degradation from storm 
water drain off, and worsened traffic congestion in a region of the 
U.S. ranked as one of the worst for traffic.
  The Hillsborough City School District lost over $924,000. Projects to 
create more classrooms for increased enrollment will not take place, 
increasing class sizes. Combined with other budget cuts from the State, 
all the District's programs are threatened.
  The Vallejo Sanitation and Flood Control District, which provides 
sanitary sewer and storm water services to the City of Vallejo, 
population 119,600, and nearby areas of Solano County, sustained losses 
of $4.5 million in Lehman Brothers investments and $1.46 million in 
Washington Mutual investments. The result is that aging infrastructure 
essential to the health of this community will not be replaced. The 
City of Vallejo recently declared Chapter 9 Municipal bankruptcy.
  Sacramento County sustained an increase in costs of $8 million 
related to an interest rate swap agreement with Lehman. This increase 
means fewer funds for sheriff's patrol and investigations and probation 
supervision, resulting in an increased risk to the safety of the 
community and reductions in social safety net services, at a time of 
increased community need.
  The City of Folsom lost $700,000, which has caused the City to 
indefinitely postpone staffing and equipping a new fire station.
  The San Mateo County Community College District sustained a loss of 
$25 million in voter-approved bond funds. As a result, the District 
will be forced to abandon a program to build more classrooms, and, 
therefore, turn away thousands of potential students, many of them 
unemployed adults seeking job training.
  The economic rescue legislation included a provision to require the 
Secretary of the Treasury to consider the impact of these losses on 
local governments when disbursing TARP funds.
  But, to date, the Secretary has not exercised his authority to assist 
local governments with such funds.
  The TARP Assistance for Local Governments Act of 2009 will change 
this, and ensure that communities remain solvent and taxpayers are 
protected.
  Given the urgency of this situation, we can no longer afford to wait.
  I hope that my colleagues will join me in supporting this important 
legislation.
                                 ______
                                 
      By Mr. KOHL (for himself, Ms. Collins, Mrs. Lincoln, Mrs. Boxer, 
        and Ms. Mikulski):
  S. 117. A bill to protect the property and security of homeowners who 
are subject to foreclosure proceedings, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. KOHL. Mr. President, I am introducing the Foreclosure Rescue 
Fraud Act of 2009 with my colleagues Senators Collins and Lincoln. This 
legislation, which we introduced last Congress, will make it more 
difficult for financial predators to take advantage of homeowners in 
foreclosure.
  Foreclosure rescue scams are another consequence of the housing 
crisis that is plaguing the country. Foreclosure filings have been 
climbing across the country for the past two years and in Wisconsin, 
filings have risen 22 percent over the past year. Additionally, the 
Federal Reserve estimates that 2.5 million Americans will be facing 
foreclosure in 2009. As default rates and foreclosure filings have 
steadily increased, so have financial scams which prey on homeowners. 
The Better Business Bureau listed foreclosure rescue scams as one of 
the top ten financial scams in 2008.
  For most people, their home is their greatest asset. When a homeowner 
falls behind in their payments, it can cause a great deal of emotional 
stress on the family. Scam artists prey on owner's desperation and give 
them a false sense of security, claiming they can help ``save their 
home.'' The types of scams vary, but the end result is that the 
homeowner is left in a more desperate situation than before.
  The Foreclosure Rescue Fraud Act aims to prevent these cruel abuses 
by increasing disclosure and creating strict requirements for a person 
or entity offering foreclosure-rescue services. The legislation 
prohibits a ``foreclosure consultant'' from collecting any fee or 
compensation before completing contracted services, and from obtaining 
power of attorney from a homeowner. It also requires full disclosure of 
third-party consideration in the property and creates a 3-day right to

[[Page 130]]

cancel the foreclosure-rescue contract. Finally, the legislation 
creates a federal ``floor'' of protection and allows states without 
rescue-fraud laws to use these provisions as a way to help scam 
victims. The Foreclosure Rescue Fraud Act will make it easier for 
states and the Federal Government to combat these schemes and protect 
people who are already financially distressed from being made worse 
off.
  The past year has exposed the irregularities and inadequacies of our 
banking regulations. As Congress continues to work on proposals to 
restore confidence in our financial industry, it is imperative that we 
put in place new rules and regulations that better protect consumers in 
order to avoid further economic strain.
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Schumer, Mr. Durbin, Mr. Brown, Mr. 
        Nelson of Florida, Ms. Stabenow, Mr. Leahy, and Mr. Casey):
  S. 118. A bill to amend section 202 of the Housing Act of 1959, to 
improve the program under such section for supportive housing for the 
elderly, and for other purposes; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. KOHL. Mr. President, I am introducing the Section 202 Supportive 
Housing for the Elderly Act of 2008 with my colleague Senator Charles 
Schumer for the purpose of expanding and improving the Department of 
Housing and Urban Development's Section 202 Supportive Housing for the 
Elderly Program. Section 202 provides capital grants to nonprofit 
community organizations for the development of supportive housing and 
provision of rental assistance exclusively for low-income seniors. This 
program supplies housing that includes access to supportive services to 
allow seniors to remain safely in their homes and age in place. Access 
to supportive services reduces the occurrence of costly nursing home 
stays and helps save both seniors and the Federal Government money.
  There are over 300,000 seniors living in 6,000 Section 202 
developments across the country. Unfortunately, the program is far from 
meeting the growing demand. Approximately 730,000 additional senior 
housing units will be needed by 2020 in order to address the future 
housing needs of low-income seniors. There are currently 10 seniors 
vying for each unit that becomes available, with many seniors waiting 
years before finding a home. To make matters worse, we are losing older 
Section 202 properties to developers of high-priced condominiums and 
apartments. As a result, many seniors currently participating in the 
program could end up homeless.
  Congress needs to act now to address the demand for safe, affordable 
senior housing. Our legislation would promote the construction of new 
senior housing facilities as well as preserve and improve upon existing 
facilities. The legislation would also support the conversion of 
existing facilities into assisted living facilities that provide a wide 
variety of additional supportive health and social services. Under 
current law, these processes are time-consuming and bureaucratic, often 
requiring waivers and special permission from HUD. Finally, our 
legislation provides priority consideration for our homeless seniors 
seeking a place to call their own. With this bill, we hope to reduce 
current impediments and increase the availability of affordable and 
supportive housing for our Nations most vulnerable seniors.
  I want to thank the American Association of Homes and Services for 
the Aging as well as the Wisconsin Association of Homes and Services 
for the Aging for being champions of this legislation and for working 
with us to develop a comprehensive bill that will help meet the growing 
need for senior housing in this Nation.
  Senior citizens deserve to have housing that will help them maintain 
their independence. I urge that my colleagues will join Senator Schumer 
and me in our efforts to ensure that older Americans have a place to 
call home during their golden years.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 118

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Section 
     202 Supportive Housing for the Elderly Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.

                   TITLE I--NEW CONSTRUCTION REFORMS

Sec. 101. Project rental assistance.
Sec. 102. Selection criteria.
Sec. 103. Development cost limitations.
Sec. 104. Owner deposits.
Sec. 105. Definition of private nonprofit organization.
Sec. 106. Preferences for homeless elderly.
Sec. 107. Nonmetropolitan allocation.

                         TITLE II--REFINANCING

Sec. 201. Approval of prepayment of debt.
Sec. 202. Sources of refinancing.
Sec. 203. Use of unexpended amounts.
Sec. 204. Use of project residual receipts.
Sec. 205. Additional provisions.

                 TITLE III--ASSISTED LIVING FACILITIES

Sec. 301. Definition of assisted living facility.
Sec. 302. Monthly assistance payment under rental assistance.

  TITLE IV--FACILITATING AFFORDABLE HOUSING PRESERVATION TRANSACTIONS

Sec. 401. Use of sale or refinancing proceeds.

             TITLE V--NATIONAL SENIOR HOUSING CLEARINGHOUSE

Sec. 501. National senior housing clearinghouse.

                   TITLE I--NEW CONSTRUCTION REFORMS

     SEC. 101. PROJECT RENTAL ASSISTANCE.

       Paragraph (2) of section 202(c) of the Housing Act of 1959 
     (12 U.S.C. 1701q(c)(2)) is amended--
       (1) by inserting after ``assistance.--'' the following: 
     ``(A) Initial project rental assistance contract.--'';
       (2) in the last sentence, by striking ``may'' and inserting 
     ``shall''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Renewal of and increases in contract amounts.--
       ``(i) Expiration of contract term.--Upon the expiration of 
     each contract term, the Secretary shall adjust the annual 
     contract amount to provide for reasonable project costs, and 
     any increases, including adequate reserves, supportive 
     services, and service coordinators, except that any contract 
     amounts not used by a project during a contract term shall 
     not be available for such adjustments upon renewal.
       ``(ii) Emergency situations.--In the event of emergency 
     situations that are outside the control of the owner, the 
     Secretary shall increase the annual contract amount, subject 
     to reasonable review and limitations as the Secretary shall 
     provide.''.

     SEC. 102. SELECTION CRITERIA.

       Section 202(f)(1) of the Housing Act of 1959 (12 U.S.C. 
     1701q(f)) is amended--
       (1) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively; and
       (2) by inserting after subparagraph (E) (as so redesignated 
     by paragraph (2) of this subsection) the following new 
     subparagraph:
       ``(F) the extent to which the applicant has ensured that a 
     service coordinator will be employed or otherwise retained 
     for the housing, who has the managerial capacity and 
     responsibility for carrying out the actions described in 
     subparagraphs (A) and (B) of subsection (g)(2);''.

     SEC. 103. DEVELOPMENT COST LIMITATIONS.

       Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 
     1701q(h)(1)) is amended, in the matter preceding subparagraph 
     (A), by inserting ``reasonable'' before ``development cost 
     limitations''.

     SEC. 104. OWNER DEPOSITS.

       Section 202(j)(3)(A) of the Housing Act of 1959 (12 U.S.C. 
     1701q(j)(3)(A)) is amended by inserting after the period at 
     the end the following: ``Such amount shall be used only to 
     cover operating deficits during the first 3 years of 
     operations and shall not be used to cover construction 
     shortfalls or inadequate initial project rental assistance 
     amounts.''.

     SEC. 105. DEFINITION OF PRIVATE NONPROFIT ORGANIZATION.

       Subparagraph (B) of section 202(k)(4) of the Housing Act of 
     1959 (12 U.S.C. 1701q(k)(4)(B)) is amended by inserting 
     before the semicolon the following: ``, except that, in the 
     case of any national organization that is the owner of 
     multiple housing projects assisted under this section, the 
     organization may comply with clause (i) of this subparagraph 
     by having a local advisory board to the governing board of 
     the organization the membership which is selected in the 
     manner required under clause (i)''.

     SEC. 106. PREFERENCES FOR HOMELESS ELDERLY.

       Subsection (j) of section 202 of the Housing Act of 1959 
     (12 U.S.C. 1701q(j)) is amended by

[[Page 131]]

     adding at the end the following new paragraph:
       ``(9) Preferences for homeless elderly.--The Secretary 
     shall permit an owner of housing assisted under this section 
     to establish for, and apply to, such housing a preference in 
     tenant selection for the homeless elderly, either within the 
     application or after selection pursuant to subsection (f), 
     but only if--
       ``(A) such preference is consistent with paragraph (2); and
       ``(B) the owner demonstrates that the supportive services 
     identified pursuant to subsection (e)(4), or additional 
     supportive services to be made available upon implementation 
     of the preference, will meet the needs of the homeless 
     elderly, maintain safety and security for all tenants, and be 
     provided on a consistent, long-term, and economical basis.''.

     SEC. 107. NONMETROPOLITAN ALLOCATION.

       Paragraph (3) of section 202(l) of the Housing Act of 1959 
     (12 U.S.C. 1701q(l)(3)) is amended by inserting after the 
     period at the end the following: ``In complying with this 
     paragraph, the Secretary shall either operate a national 
     competition for the nonmetropolitan funds or make allocations 
     to regional offices of the Department of Housing and Urban 
     Development.''.

                         TITLE II--REFINANCING

     SEC. 201. APPROVAL OF PREPAYMENT OF DEBT.

       Subsection (a) of section 811 of the American Homeownership 
     and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) 
     is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     for which the Secretary's consent to prepayment is 
     required,'' after ``Affordable Housing Act)'';
       (2) in paragraph (1)--
       (A) by inserting ``at least 20 years following'' before 
     ``the maturity date'';
       (B) by inserting ``project-based'' before ``rental 
     assistance payments contract'';
       (C) by inserting ``project-based'' before ``rental housing 
     assistance programs''; and
       (D) by inserting ``, or any successor project-based rental 
     assistance program,'' after ``1701s))'';
       (3) by amending paragraph (2) to read as follows:
       ``(2) the prepayment may involve refinancing of the loan if 
     such refinancing results in--
       ``(A) a lower interest rate on the principal of the loan 
     for the project and in reductions in debt service related to 
     such loan; or
       ``(B) a transaction in which the project owner will address 
     the physical needs of the project, but only if, as a result 
     of the refinancing--
       ``(i) the rent charges for unassisted families residing in 
     the project do not increase or such families are provided 
     rental assistance under a senior preservation rental 
     assistance contract for the project pursuant to subsection 
     (e); and
       ``(ii) the overall cost for providing rental assistance 
     under section 8 for the project (if any) is not increased, 
     except, upon approval by the Secretary to--

       ``(I) mark-up-to-market contracts pursuant to section 
     524(a)(3) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by 
     nonprofit organizations; or
       ``(II) mark-up-to-budget contracts pursuant to section 
     524(a)(4) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by eligible 
     owners (as such term is defined in section 202(k) of the 
     Housing Act of 1959 (12U.S.C. 1701q(k)); and''; and

       (4) by adding at the end the following:
       ``(3) notwithstanding paragraph (2)(A), the prepayment and 
     refinancing authorized pursuant to paragraph (2)(B) involves 
     an increase in debt service only in the case of a refinancing 
     of a project assisted with a loan under such section 202 
     carrying an interest rate of 6 percent or lower.''.

     SEC. 202. SOURCES OF REFINANCING.

       The last sentence of section 811(b) of the American 
     Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 
     1701q note) is amended--
       (1) by inserting after ``National Housing Act,'' the 
     following: ``or approving the standards used by authorized 
     lenders to underwrite a loan refinanced with risk sharing as 
     provided by section 542 of the Housing and Community 
     Development Act of 1992 (12 U.S.C.1701 note),''; and
       (2) by striking ``may'' and inserting ``shall''.

     SEC. 203. USE OF UNEXPENDED AMOUNTS.

       Subsection (c) of section 811 of the American Homeownership 
     and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) 
     is amended--
       (1) by striking ``Use of Unexpended Amounts.--'' and 
     inserting ``Use of Proceeds.--'';
       (2) by amending the matter preceding paragraph (1) to read 
     as follows: ``Upon execution of the refinancing for a project 
     pursuant to this section, the Secretary shall ensure that 
     proceeds are used in a manner advantageous to tenants, or are 
     used in the provision of affordable rental housing and 
     related social services for elderly persons by the private 
     nonprofit organization project owner, private nonprofit 
     organization project sponsor, or private nonprofit 
     organization project developer, including--'';
       (3) in paragraph (1), by striking ``not more than 15 
     percent of'';
       (4) in paragraph (2), by inserting before the semicolon the 
     following; ``, including reducing the number of units by 
     reconfiguring units that are functionally obsolete, 
     unmarketable, or not economically viable'';
       (5) in paragraph (3), by striking ``or'' at the end;
       (6) in paragraph (4), by striking ``according to a pro rata 
     allocation of shared savings resulting from the 
     refinancing.'' and inserting a semicolon; and
       (7) by adding at the end the following new paragraphs:
       ``(5) rehabilitation of the project to ensure long-term 
     viability;
       ``(6) the payment to the project owner, sponsor, or third 
     party developer of a developer's fee in an amount not to 
     exceed--
       ``(A) in the case of a project refinanced through a State 
     low income housing tax credit program, the fee permitted by 
     the low income housing tax credit program as calculated by 
     the State program as a percentage of acceptable development 
     cost as defined by that State program; or
       ``(B) in the case of a project refinanced through any other 
     source of refinancing, 15 percent of the acceptable 
     development cost; and
       ``(7) the payment of equity, if any, to--
       ``(A) in the case of a sale, to the seller or the sponsor 
     of the seller, in an amount equal to the lesser of the 
     purchase price or the appraised value of the project, as each 
     is reduced by the cost of prepaying any outstanding 
     indebtedness on the project and transaction costs of the 
     sale; or
       ``(B) in the case of a refinancing without the transfer of 
     the project, to the project owner or the project sponsor, in 
     an amount equal to the difference between the appraised value 
     of the project less the outstanding indebtedness and total 
     acceptable development cost.

     For purposes of paragraphs (6)(B) and (7)(B), the term 
     ``acceptable development cost'' shall include, as applicable, 
     the cost of acquisition, rehabilitation, loan prepayment, 
     initial reserve deposits, and transaction costs.''.

     SEC. 204. USE OF PROJECT RESIDUAL RECEIPTS.

       Paragraph (1) of section 811(d) of the American 
     Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 
     1701q note) is amended--
       (1) by striking ``not more than 15 percent of''; and
       (2) by inserting before the period at the end the 
     following: ``or other purposes approved by the Secretary''.

     SEC. 205. ADDITIONAL PROVISIONS.

       Section 811 of the American Homeownership and Economic 
     Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended by 
     adding at the end the following new subsections:
       ``(e) Senior Preservation Rental Assistance Contracts.--
     Notwithstanding any other provision of law, in connection 
     with a prepayment plan for a project approved under 
     subsection (a) by the Secretary or as otherwise approved by 
     the Secretary to prevent displacement of elderly residents of 
     the project in the case of refinancing or recapitalization 
     and to further preservation and affordability of such 
     project, the Secretary shall provide project-based rental 
     assistance for the project under a senior preservation rental 
     assistance contract, as follows:
       ``(1) Assistance under the contract shall be made available 
     to the private nonprofit organization owner--
       ``(A) for a term of at least 20 years, subject to annual 
     appropriations; and
       ``(B) under the same rules governing project-based rental 
     assistance made available under section 8 of the Housing Act 
     of 1937.
       ``(2) Any projects for which a senior preservation rental 
     assistance contract is provided shall be subject to a use 
     agreement to ensure continued project affordability having a 
     term of the longer of (A) the term of the senior preservation 
     rental assistance contract, or (B) such term as is required 
     by the new financing.
       ``(f) Mortgage Sale Demonstration.--
       ``(1) In general.--The Secretary may sell mortgages 
     associated with loans made under section 202 of the Housing 
     Act of 1959 (as in effect before the enactment of the 
     Cranston-Gonzalez National Affordable Housing Act) in 
     accordance with the relevant terms for sales of subsidized 
     loans on multifamily housing projects under section 203 of 
     the Housing and Community Development Amendments of 1978 (12 
     U.S.C. 1701z-11). For the purpose of demonstrating the 
     efficiency, effectiveness, quality, and timeliness of asset 
     management and regulatory oversight of certain portfolios of 
     such mortgages by State housing finance agencies, the 
     Secretary shall carry out a demonstration program, in not 
     more than 5 States, to sell portfolios of such mortgages to 
     State housing finance agencies for a price not to exceed the 
     unpaid principal balances of such mortgages and otherwise in 
     accordance with the requirements of such section 203.
       ``(2) Limitations.--In carrying out the demonstration 
     program required under paragraph (1), the Secretary shall--

[[Page 132]]

       ``(A) prohibit State housing finance agencies from giving 
     preference to, or conditioning the approval of, awards of 
     subordinate debt funds, allocations of tax credits, or tax 
     exempt bonds based on the use of financing for the first 
     mortgage that is provided by such State housing finance 
     agency;
       ``(B) require such agencies to allow, in accordance with 
     this section, for the refinancing or prepayment of loans made 
     under section 202 of the Housing Act of 1959 with a loan 
     selected by the owners, except that any use restrictions on 
     the property for which the loan was made shall remain in 
     effect for the duration provided under the original terms of 
     such loan; and
       ``(C) only carry out the demonstration program in a State 
     that has experience with operating and maintaining a housing 
     preservation revolving loan fund.
       ``(3) Study.--The Secretary shall conduct a study to 
     evaluate the performance and results of the demonstration 
     program carried out under paragraph (1). In conducting such 
     study, the Secretary shall place particular emphasis on 
     whether the asset management functions and activities related 
     to loans and properties held in the portfolios sold to State 
     housing finance agencies under such demonstration program 
     have been accomplished in a timely, effective, and efficient 
     manner, including an analysis of approvals of refinancings 
     and preservation transactions, rent increase requests, 
     withdrawals from reserves or residual receipts (where there 
     is no contract administrator), and provider and resident 
     satisfaction.
       ``(4) Report.--Not later than 3 years after the date of 
     enactment of this subsection, the Secretary shall submit a 
     report to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives on--
       ``(A) the findings of the study required under paragraph 
     (3); and
       ``(B) any recommendations the Secretary may have for 
     expanding the demonstration project required under paragraph 
     (1).
       ``(g) Subordination or Assumption of Existing Debt.--In 
     lieu of prepayment under this section of the indebtedness 
     with respect to a project, the Secretary may approve--
       ``(1) in connection with new financing for the project, the 
     subordination of the loan for the project under section 202 
     of the Housing Act of 1959 (as in effect before the enactment 
     of the Cranston-Gonzalez National Affordable Housing Act) and 
     the continued subordination of any other existing subordinate 
     debt previously approved by the Secretary to facilitate 
     preservation of the project as affordable housing; or
       ``(2) the assumption (which may include the subordination 
     described in paragraph (1)) of the loan for the project under 
     such section 202 in connection with the transfer of the 
     project with such a loan to a private nonprofit organization.
       ``(h) Flexible Subsidy Debt.--The Secretary shall waive the 
     requirement that debt for a project pursuant to the flexible 
     subsidy program under section 201 of the Housing and 
     Community Development Amendments of 1978 (12 U.S.C. 1715z-1a) 
     be prepaid in connection with a prepayment, refinancing, or 
     transfer under this section of a project if such waiver is 
     necessary for the financial feasibility of the transaction 
     and is consistent with the long-term preservation of the 
     project as affordable housing.
       ``(i) Tenant Involvement in Prepayment and Refinancing.--
     The Secretary shall not accept an offer to prepay the loan 
     for any project under section 202 of the Housing Act of 1959 
     unless the Secretary has--
       ``(1) determined that the owner of the project has notified 
     the tenants of the owner's request for approval of a 
     prepayment;
       ``(2) determined that the owner of the project has provided 
     the tenants with an opportunity to comment on the owner's 
     request for approval of a prepayment, including a description 
     of any anticipated rehabilitation or other use of the 
     proceeds from the transaction, and its impacts on project 
     rents, tenant contributions, or the affordability 
     restrictions for the project; and
       ``(3) taken such comments into consideration.
       ``(j) Definition of Private Nonprofit Organization.--For 
     purposes of this section, the term `private nonprofit 
     organization' has the meaning given such term in section 
     202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)).''.

                 TITLE III--ASSISTED LIVING FACILITIES

     SEC. 301. DEFINITION OF ASSISTED LIVING FACILITY.

       Section 202b(g) of the Housing Act of 1959 (12 U.S.C. 
     1701q-2(g)) is amended by striking paragraph (1) and 
     inserting the following new paragraph:
       ``(1) the term `assisted living facility' means a facility 
     that--
       ``(A) is owned by a private nonprofit organization; and
       ``(B)(i) is licensed and regulated by a State (or if there 
     is no State law providing for such licensing and regulation 
     by the State, by the municipality or other political 
     subdivision in which the facility is located); or
       ``(ii)(I) makes available, directly or through recognized 
     and experienced third party service providers, to residents 
     at the resident's request or choice supportive services to 
     assist the residents in carrying out the activities of daily 
     living, as described in section 232(b)(6)(B) of the National 
     Housing Act (12 U.S.C. 1715w(b)(6)(B)); and
       ``(II) provides separate dwelling units for residents, each 
     of which may contain a full kitchen and bathroom and which 
     includes common rooms and other facilities appropriate for 
     the provision of supportive services to the residents of the 
     facility; and''.

     SEC. 302. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL ASSISTANCE.

       Clause (iii) of section 8(o)(18)(B) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)(18)(B)(iii)) is 
     amended by inserting before the period at the end the 
     following: ``, except that a family may be required at the 
     time the family initially receives such assistance to pay 
     rent in an amount exceeding 40 percent of the monthly 
     adjusted income of the family by such an amount or percentage 
     that is reasonable given the services and amenities provided 
     and as the Secretary deems appropriate.''.

  TITLE IV--FACILITATING AFFORDABLE HOUSING PRESERVATION TRANSACTIONS

     SEC. 401. USE OF SALE OR REFINANCING PROCEEDS.

       Notwithstanding any other provision of law, in connection 
     with the sale or refinancing of a multifamily housing 
     project, or the transfer of an assistance contract on such a 
     property, that requires the approval of the Secretary of 
     Housing and Urban Development, the Secretary shall not impose 
     any condition that restricts the amount or use of sale or 
     refinancing proceeds, or requires the filing of a financial 
     report, unless such condition is expressly authorized by an 
     existing contract entered into between the Secretary (or the 
     Secretary's designee) and the project owner before the 
     imposition of a condition prohibited by this section or is a 
     general condition for new financing with a mortgage insured 
     by the Secretary. Any such condition previously imposed by 
     the Secretary after January 1, 2005, shall, at the option of 
     the project owner, be considered void and not enforceable, 
     and any agreement containing such a condition shall be 
     rescinded and may be reissued without the void condition.

             TITLE V--NATIONAL SENIOR HOUSING CLEARINGHOUSE

     SEC. 501. NATIONAL SENIOR HOUSING CLEARINGHOUSE.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary of Housing and Urban 
     Development shall establish and operate a clearinghouse to 
     serve as a national repository to receive, collect, process, 
     assemble, and disseminate information regarding the 
     availability and quality of multifamily developments for 
     elderly tenants, including--
       (1) the availability of--
       (A) supportive housing for the elderly pursuant to section 
     202 of the Housing Act of 1959 (12 U.S.C. 1701q), including 
     any housing unit assisted with a project rental assistance 
     contract under such section;
       (B) properties and units eligible for assistance under 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f);
       (C) properties eligible for the low-income housing tax 
     credit under section 42 of the Internal Revenue Code of 1986;
       (D) units in assisted living facilities insured pursuant to 
     section 221(d)(4) of the National Housing Act (12 U.S.C. 
     1715l(d)(4));
       (E) units in any multifamily project that has been 
     converted into an assisted living facility for elderly 
     persons pursuant to section 202b of the Housing Act of 1959 
     (12 U.S.C. 1701q-2); and
       (F) any other federally assisted or subsidized housing for 
     the elderly;
       (2) the number of available units in each property, 
     project, or facility described in paragraph (1);
       (3) the number of bedrooms in each available unit in each 
     property, project, or facility described in paragraph (1);
       (4) the estimated cost to a potential tenant to rent or 
     reside in each available unit in each property, project, or 
     facility described in paragraph (1);
       (5) the presence of a waiting list for entry into any 
     available unit in each property, project, or facility 
     described in paragraph (1);
       (6) the number of persons on the waiting list for entry 
     into any available unit in each property, project, or 
     facility described in paragraph (1);
       (7) the estimated time an individual can expect to be on 
     the waiting list for entry into any available unit in each 
     property, project, or facility described in paragraph (1);
       (8) the amenities available in each available unit in each 
     property, project, or facility described in paragraph (1), 
     including--
       (A) the services provided by such property, project, or 
     facility;
       (B) the size and availability of common space within each 
     property, project, or facility;
       (C) the availability of organized activities for 
     individuals residing in such property, project, or facility; 
     and
       (D) any other additional amenities available to individuals 
     residing in such property, project, or facility;
       (9) the level of care (personal, physical, or nursing) 
     available to individuals residing in

[[Page 133]]

     any property, project, or facility described in paragraph 
     (1);
       (10) whether there is a service coordinator in any 
     property, project, or facility described in paragraph (1); 
     and
       (11) any other criteria determined appropriate by the 
     Secretary.
       (b) Collection and Updating of Information.--
       (1) Initial collection.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Housing and 
     Urban Development shall conduct an annual survey requesting 
     information from each owner of a property, project, or 
     facility described in subsection (a)(1) regarding the 
     provisions described in paragraphs (2) through (11) of such 
     subsection.
       (2) Response time.--Not later than 30 days after receiving 
     the request described under paragraph (1), the owner of each 
     such property, project, or facility shall submit such 
     information to the Secretary of Housing and Urban 
     Development.
       (3) Public availability.--Not later than 60 days after the 
     Secretary of Housing and Urban Development receives the 
     submission of any information required under paragraph (2), 
     the Secretary shall make such information publicly available 
     through the clearinghouse.
       (4) Updates.--The Secretary of Housing and Urban 
     Development shall conduct an annual survey of each owner of a 
     property, project, or facility described in subsection (a)(1) 
     for the purpose of updating or modifying information provided 
     in the initial collection of information under paragraph (1). 
     Not later than 30 days after receiving such a request, the 
     owner of each such property, project, or facility shall 
     submit such updates or modifications to the Secretary. Not 
     later than 60 days after receiving such updates or 
     modifications, the Secretary shall inform the clearinghouse 
     of such updated or modified information.
       (c) Functions.--The clearinghouse established under 
     subsection (a) shall--
       (1) respond to inquiries from State and local governments, 
     other organizations, and individuals requesting information 
     regarding the availability of housing in multifamily 
     developments for elderly tenants;
       (2) make such information publicly available via the 
     Internet website of the Department of Housing and Urban 
     Development, which shall include--
       (A) access via electronic mail; and
       (B) an easily searchable, sortable, downloadable, and 
     accessible index that itemizes the availability of housing in 
     multifamily developments for elderly tenants by State, 
     county, and zip code;
       (3) establish a toll-free number to provide the public with 
     specific information regarding the availability of housing in 
     multifamily developments for elderly tenants; and
       (4) perform any other duty that the Secretary determines 
     necessary to achieve the purposes of this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to carry out this 
     section.
                                 ______
                                 
      By Mrs. FEINSTEIN:
   S. 119. A bill for the relief of Guy Privat Tape and Lou Nazie 
Raymonde Toto; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing a private 
relief bill on behalf of Guy Privat Tape and his wife Lou Nazie 
Raymonde Toto. Mr. Tape and Ms. Toto are citizens of the Ivory Coast, 
but have been living in the San Francisco area of California for 
approximately 15 years.
  The story of Mr. Tape and Ms. Toto is compelling and I believe they 
merit Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  Mr. Tape and Ms. Toto were previously political activists who were 
subjected to numerous atrocities in the early 1990s in the Ivory Coast.
  After a demonstration in which both were promoting peace, they were 
jailed and tortured by their own government. Ms. Toto was brutally 
raped by her captors and in 1997 learned that she had contracted HIV.
  Despite the hardships that they suffered, Mr. Tape and Ms. Toto were 
able to make a better life for themselves in the United States. Mr. 
Tape arrived in the U.S. in 1993 on a B1/B2 non-immigrant visa. Ms. 
Toto entered without inspection in 1995 from Spain. Despite being 
diagnosed with HIV, Ms. Toto was able to give birth to two healthy 
children, Melody, age 10, and Emmanuel, age 6.
  Since arriving in the United States, this family has dedicated 
themselves to community involvement and a strong work ethic. They pay 
taxes and own their own home in Hercules, CA. They are active members 
of Easter Hill United Methodist Church.
  Mr. Tape works full-time as a security guard with Universal 
Protective Services. He also manages a small business, Melody's Carpet 
Cleaning & Upholstery. He employs four other individuals, all U.S. 
citizens. Unfortunately, in 2002, Mr. Tape was diagnosed with urologic 
cancer. While his doctor states that the cancer is currently in 
remission, he will continue to require life-long surveillance to 
monitor for reoccurrence of the disease.
  In addition to raising her two children, Ms. Toto became a certified 
Nursing Assistant in 2001 and currently works at Creekside Health Care 
in San Pablo, CA. She hopes to finish her schooling so that she can 
become a Registered Nurse. Ms. Toto continues to receive medical 
treatment for HIV. According to her doctor, without access to adequate 
health care and laboratory monitoring, she is at risk of developing 
life threatening illnesses.
  Mr. Tape and Ms. Toto applied for asylum when they arrived in the 
U.S., but after many years of litigation, the claim was ultimately 
denied by the 9th Circuit Court of Appeals.
  Although the regime which subjected Mr. Tape and Ms. Toto to 
imprisonment and torture is no longer in power, Mr. Tape has been 
afraid to return to the Ivory Coast due to his prior association with 
President Gbagbo. Mr. Tape strongly believes that his family will be 
targeted if they return to the Ivory Coast.
  One of the most compelling reasons for permitting the family to 
remain in the United States is the impact their deportation would have 
on their two children. For Melody and Emmanuel, the United States is 
the only country they have ever known. Mr. Tape believes that if the 
family returns to the Ivory Coast, these two young children will be 
forced to enter the army.
  We are the only hope for this family who seeks to remain in the 
United States. To send them back to the Ivory Coast, where they will 
likely face persecution and will not be able to obtain adequate medical 
treatment for their illnesses would be devastating to them. They are 
contributing members of their community and have embraced the American 
dream with their strong work ethic and family values. I have received 
approximately 50 letters from the church community in support of this 
family. Representative George Miller has also requested that we assist 
this family.
  I ask my colleagues to support this private bill. Mr. President, I 
ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 119

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR GUY PRIVAT TAPE AND 
                   LOU NAZIE RAYMONDE TOTO.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Guy Privat Tape and Lou Nazie Raymonde Toto shall each 
     be eligible for the issuance of an immigrant visa or for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence upon filing an application for 
     issuance of an immigrant visa under section 204 of such Act 
     (8 U.S.C. 1154) or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Guy Privat Tape or Lou Nazie 
     Raymonde Toto enters the United States before the filing 
     deadline specified in subsection (c), Guy Privat Tape or Lou 
     Nazie Raymonde Toto, as appropriate, shall be considered to 
     have entered and remained lawfully in the United States and 
     shall be eligible for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255) as of 
     the date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon granting an 
     immigrant visa or permanent residence to Guy Privat Tape and 
     Lou Nazie Raymonde Toto, the Secretary of State shall 
     instruct the proper officer to reduce by 2, during the 
     current or subsequent fiscal year, the total number of 
     immigrant visas that are made available to natives of the 
     country of birth of Guy Privat Tape and Lou Nazie Raymonde 
     Toto under section

[[Page 134]]

     203(a) of the Immigration and Nationality Act (8 U.S.C. 
     1153(a)) or, if applicable, the total number of immigrant 
     visas that are made available to natives of the country of 
     birth of Guy Privat Tape and Lou Nazie Raymonde Toto under 
     section 202(e) of such Act (8 U.S.C. 1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 120. A bill for the relief of Denes Fulop and Gyorgyi Fulop; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I offer today a private immigration 
relief bill to provide lawful permanent residence status to Denes and 
Gyorgyi Fulop, Hungarian nationals who have lived in California for 
more than 20 years. The Fulops are the parents of six U.S. citizen 
children.
  I first introduced this bill in June, 2000. Today, the Fulops 
continue to face deportation having exhausted all administrative 
remedies under our immigration system.
  The Fulops' story is a compelling one and one which I believe merits 
Congress' consideration for humanitarian relief.
  The most poignant tragedy to affect this family occurred in May of 
2000, when the Fulops' eldest child, Robert ``Bobby'' Fulop, an 
accomplished 15-year-old teenager, died suddenly of a heart aneurism. 
Bobby was considered the shining star of his family.
  That same year their 6-year-old daughter, Elizabeth, was diagnosed 
with moderate pulmonary stenosis, a potentially life-threatening heart 
condition and a frightening situation similar to Bobby's. Not long ago, 
she successfully underwent heart surgery, but requires medical 
supervision to ensure her good health.
  The Fulops' youngest child, Matthew, was born seven weeks premature. 
He subsequently underwent several kidney surgeries and is still being 
closely monitored by physicians.
  Compounding these tragedies is the fact that today the Fulops face 
deportation. They face deportation, in part, because in 1995 the family 
traveled to Hungary and remained there for more than 90 days.
  Under the pre-1996 immigration law, prior to the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996, their stay in Hungary 
would not have been a factor in their immigration case and they would 
have been eligible for adjustment of status to lawful permanent 
residents.
  Indeed, in 1996, Mr. and Mrs. Fulop applied to the Immigration and 
Naturalization Service, INS, for permanent resident status. Due to 
large backlogs, the INS did not interview them until 1998. By the time 
their applications were considered, the new 1996 immigration law had 
taken effect.
  Given their one-time 90 day trip outside the United States, they were 
statutorily ineligible for relief pursuant to the cancellation of 
removal provisions of the Immigration and Nationality Act.
  One cannot help but conclude that had the INS acted on the Fulops' 
application for relief from deportation in a timelier manner, they 
would have qualified for suspension of deportation under the pre-1996 
law, given that they were long-term residents of the United States with 
U.S. citizen children and many positive factors in their favor.
  The irony of this situation is that the Fulops were gone from the 
United States for nearly five months in 1995 because they traveled to 
Hungary to help Mr. Fulop's brother build his home. Mr. Fulop's brother 
is handicapped and they went to help remodel his home.
  The Fulops are good and decent people. Mr. Fulop is a masonry 
contractor and the Owner and President of his own construction 
company--Sumeg International. He has owned this business for almost 14 
years.
  The couple is active in their church and community. As Pastor Peter 
Petrovic of the Apostolic Christian Church of San Diego says in his 
letter of support, ``[t]he family is an exceptional asset to their 
community.'' Mrs. Fulop has served as a Sunday school teacher and 
volunteers regularly at Heritage K-8 Charter School in Escondido. Mrs. 
Morris, a Heritage K-8 Charter School faculty member says in her letter 
of support that Mrs. Fulop is ``. . . a valuable asset to our school 
and community.''
  Mr. President, this is a tragic situation. Essentially, as happened 
to many families under the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, the rules of the game were changed in the 
middle. When the Fulops applied for relief from deportation they were 
eligible for suspension of deportation. By the time the INS got around 
to their application, nearly three years later, they were no longer 
eligible and in fact suspension of deportation as a form of relief 
ceased to exist.
  The Fulops today have been in the United States since the early 
1980s. Most harmful is the effect that their deportation will have on 
the children, all of whom were born here and who range from five years 
old to 21 years of age. Their two eldest children are attending 
college, one studying structural engineering and the other studying to 
become a dental hygienist.
  It is my hope that Congress sees fit to provide an opportunity for 
this family to remain together in the United States given their many 
years here, the profound sadness they have already experienced and the 
harm that would come from their deportation to their six U.S. citizen 
children.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 120

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADJUSTMENT OF STATUS.

       (a) In General.--Notwithstanding any other provision of law 
     or any order, for the purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), Denes Fulop and 
     Gyorgyi Fulop shall be deemed to have been lawfully admitted 
     to, and remained in, the United States, and shall be eligible 
     for issuance of an immigrant visa or for adjustment of status 
     under section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255).
       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if the applications for issuance of immigrant 
     visas or the applications for adjustment of status are filed 
     with appropriate fees not later than 2 years after the date 
     of the enactment of this Act.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of immigrant visas to Denes Fulop and Gyorgyi Fulop, the 
     Secretary of State shall instruct the proper officer to 
     reduce by 2, during the current or subsequent fiscal year, 
     the total number of immigrant visas that are made available 
     to natives of the country of birth of Denes Fulop and Gyorgyi 
     Fulop under section or 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the 
     total number of immigrant visas that are of birth of Denes 
     Fulop and Gyorgyi Fulop under section 202(e) of that Act (8 
     U.S.C. 1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 121. A bill for the relief of Esidronio Arreola-Saucedo, Maria 
Elna Cobian Arreola, Nayely Bibiana Arreola, and Cindy Jael Arreola; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I offer today private immigration 
relief legislation to provide lawful permanent residence status to 
Esidronio Arreola-Saucedo, Maria Elna Cobian Arreola, Nayely Bibiana 
Arreola and Cindy Jael Arreola, Mexican nationals living in the Fresno 
area of California.
  Mr. and Mrs. Arreola have lived in the United States for over 20 
years. Two of their five children, Nayely, age 23, and Cindy, age 19, 
also stand to benefit from this legislation. Their other three 
children, Roberto, age 16, Daniel, age 13, and Saray, age 11, are 
United States citizens. Today, Mr. and Mrs. Arreola and their two 
eldest children face deportation.
  The story of the Arreola family is compelling and I believe they 
merit Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  The Arreolas are in this uncertain situation in part because of 
grievous errors committed by their previous counsel, who has since been 
disbarred. In fact, the attorney's conduct was so egregious that it 
compelled an immigration judge to write the Executive Office of 
Immigration Review seeking his disbarment for the disservice he caused 
his immigration clients.

[[Page 135]]

  Mr. Arreola has lived in the United States since 1986. He was an 
agricultural migrant worker in the fields of California for several 
years, and as such would have been eligible for permanent residence 
through the Seasonal Agricultural Workers, SAW, program, had he known 
about it.
  Mrs. Arreola was living in the United States at the time she became 
pregnant with her daughter Cindy, but returned to Mexico to give birth 
so as to avoid any problems with the Immigration and Naturalization 
Service.
  Given the length of time that the Arreolas had, and have been, in the 
United States it is quite likely that they would have qualified for 
relief from deportation pursuant to the cancellation of removal 
provisions of the Immigration and Nationality Act, but for the conduct 
of their previous attorney.
  Perhaps one of the most compelling reasons for permitting the family 
to remain in the United States is the devastating impact their 
deportation would have on their children--three of whom are U.S. 
citizens--and the other two who have lived in the United States since 
they were toddlers. For these children, this country is the only 
country they really know.
  Nayely, the oldest, recently graduated from Fresno Pacific University 
with a degree in Business Administration and was recently hired as a 
substitute teacher in Tulare County. She was the first in her family to 
graduate from high school and the first to graduate college. She 
attended Fresno Pacific University, a regionally ranked university, on 
a full tuition scholarship package and worked part-time in the 
admissions office.
  At her young age, Nayely has demonstrated a strong commitment to the 
ideals of citizenship in her adopted country. She has worked hard to 
achieve her full potential both in her academic endeavors and through 
the service she provides her community. As the Associate Dean of 
Enrollment Services, Cary Templeton, at Fresno Pacific University 
states in a letter of support, ``[t]he leaders of Fresno Pacific 
University saw in Nayely, a young person who will become exemplary of 
all that is good in the American dream.''
  In high school, Nayely was a member of Advancement Via Individual 
Determination, AVID, a college preparatory program in which students 
commit to determining their own futures through achieving a college 
degree. Nayely was also President of the Key Club, a community service 
organization. She helped mentor freshmen and participates in several 
other student organizations in her school. Perhaps the greatest 
hardship to this family, if forced to return to Mexico, will be her 
lost opportunity to realize her dreams and further contribute to her 
community and to this country.
  It is clear to me that Nayely feels a strong sense of responsibility 
for her community and country. By all indication, this is the case as 
well for all of the members of her family.
  The Arreolas also have other family who are lawful permanent 
residents of this country or United States citizens. Mrs. Arreola has 
three brothers who are U.S. citizens and Mr. Arreola has a sister who 
is a U.S. citizen. It is also my understanding that they have no 
immediate family in Mexico.
  According to immigration authorities, this family has never had any 
problems with law enforcement. I am told that they have filed their 
taxes for every year from 1990 to the present. They have always worked 
hard to support themselves. As I previously mentioned, Mr. Arreola was 
previously employed as a farm worker, but now has his own business 
repairing electronics. His business has been successful enough to 
enable him to purchase a home for his family.
  It seems so clear to me that this family has embraced the American 
dream and their continued presence in our country would do so much to 
enhance the values we hold dear. Enactment of the legislation I have 
reintroduced today will enable the Arreolas to continue to make 
significant contributions to their community as well as the United 
States.
  I ask my colleagues to support this private bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 121

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADJUSTMENT OF STATUS.

       (a) In General.--Notwithstanding any other provision of law 
     or any order, for the purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), Esidronio Arreola-
     Saucedo, Maria Elna Cobian Arreola, Nayely Bibiana Arreola, 
     and Cindy Jael Arreola shall be deemed to have been lawfully 
     admitted to, and remained in, the United States, and shall be 
     eligible for issuance of an immigrant visa or for adjustment 
     of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255).
       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if the applications for issuance of immigrant 
     visas or the applications for adjustment of status are filed 
     with appropriate fees not later than 2 years after the date 
     of the enactment of this Act.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of immigrant visas to Esidronio Arreola-Saucedo, Maria Elna 
     Cobian Arreola, Nayely Bibiana Arreola, and Cindy Jael 
     Arreola, the Secretary of State shall instruct the proper 
     officer to reduce by 4, during the current or subsequent 
     fiscal year, the total number of immigrant visas that are 
     made available to natives of the country of birth of 
     Esidronio Arreola-Saucedo, Marina Elna Cobian Arreola, Nayely 
     Bibiana Arreola, and Cindy Jael Arreola under section 203(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1153(a)) or, 
     if applicable, the total number of immigrant visas that are 
     made available to natives of the country of birth of 
     Esidronio Arreola-Saucedo, Maria Elna Cobian Arreola, Nayely 
     Bibiana Arreola, and Cindy Jael Arreola under section 202(e) 
     of such Act (8 U.S.C. 1152(c)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 122. A bill for the relief of Robert Liang and Alice Liang; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I offer today private relief 
legislation to provide lawful permanent residence status to Robert Kuan 
Liang and his wife, Chun-Mei, Alice, Hsu-Liang, foreign nationals who 
live in San Bruno, California.
  I have decided to reintroduce private relief immigration bills on 
their behalf because I believe that, without them, this hardworking 
couple and their three United States citizen children would endure an 
immense and unfair hardship. Indeed, without this legislation, this 
family may not remain a family for much longer.
  The Liangs are foreign nationals facing deportation on account of 
their overstay of visitors visas and the failure of their previous 
attorney to timely file a suspension of deportation application before 
the immigration laws changed in 1996.
  Mr. Liang is a foreign national and refugee from Laos. His wife is a 
citizen of Taiwan. They entered the United States over 25 years ago as 
tourists and established residency in San Bruno, California. Because 
they overstayed the terms of their temporary visas, they now face 
deportation from the United States.
  After living here for so many years, removal from the United States 
would not come easily or perhaps without tearing this family apart. The 
Liangs have three children born in this country: Wesley, 17 years old, 
Bruce, 13 years old, and Eva, 11 years old. Young Wesley suffers from 
asthma and has a history of social and emotional anxiety.
  The immigration judge who presided over the Liangs' case in 1997 
concluded that there was no question that the Liang children would be 
adversely impacted if they were required to leave their relatives and 
friends behind in California to follow their parents to Taiwan, a 
country whose language and culture is unfamiliar to them.
  I can only imagine how much more they would be adversely impacted now 
given the passage of 9 more years.
  The Liangs have filed annual income tax returns; established a 
successful business, Fong Yong Restaurant, in the United States; are 
home owners, and are financially successful. Since they arrived in the 
United States, they have pursued and, to a degree, achieved the 
American Dream.

[[Page 136]]

  Mr. and Mrs. Liang's quest to legalize their immigration status began 
in 1993 when they filed for relief from deportation before an 
immigration judge.
  The Immigration and Naturalization Service, however, did not act on 
their application until nearly 5 years later, in 1997, after which time 
the immigration laws had significantly changed.
  According to the immigration judge, had the INS acted on their 
application for relief from deportation in a timely manner, they would 
have qualified for suspension of deportation, given that they were 
long-term residents of this country with U.S. citizen children and 
other positive factors. By the time INS processed their application, 
however, Congress passed the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, which changed the requirements for relief 
from removal to the Liangs' disadvantage.
  I supported the changes of the 1996 law, but I believe sometimes 
there are exceptions which merit special consideration. The Liangs are 
such a couple and family. Perhaps what distinguishes this family from 
many others is that through hard work and perseverance, Mr. Liang has 
achieved a significant degree of success in the United States while 
battling a severe form of Post Traumatic Stress Disorder.
  According to his psychologist, this disorder stems from the 
persecution he, his family and community experienced in his native 
country of Laos during the Vietnam War.
  Throughout his childhood and adolescence, Mr. Liang was exposed to 
numerous traumatic experiences, including the murder of his mother by 
the North Vietnamese and frequent episodes of wartime violence. He also 
routinely witnessed the brutal persecution and deaths of others in his 
village. In 1975, he was granted refugee status in Taiwan.
  The emotional impact of Mr. Liang's experiences in his war-torn 
native country has been profound and continues to haunt him. His 
psychologist has also indicated that he suffers from severe clinical 
depression, which has been exacerbated by the prospect of being 
deported to Taiwan, where on account of his nationality, he believes he 
and his family would be treated as second-class citizens.
  Moreover, Mr. Liang believes that the pursuit of further mental 
health treatment in Taiwan would only exacerbate the stigma of being an 
outsider in a country whose language he does not speak. Given those 
prospects, he also fears the impact such a stigma would have on the 
well-being and future of his children.
  Given these extraordinary and unique facts, I ask my colleagues to 
support this private relief bill on behalf of the Liangs. Mr. 
President, I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 122

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADJUSTMENT OF STATUS.

       (a) In General.--Notwithstanding any other provision of law 
     or any order, for the purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), Robert Liang and 
     Alice Liang shall be deemed to have been lawfully admitted 
     to, and remained in, the United States, and shall be eligible 
     for issuance of an immigrant visa or for adjustment of status 
     under section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255).
       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if the applications for issuance of immigrant 
     visas or the applications for adjustment of status are filed 
     with appropriate fees not later than 2 years after the date 
     of the enactment of this Act.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of immigrant visas to Robert Liang and Alice Liang, the 
     Secretary of State shall instruct the proper officer to 
     reduce by 2, during the current or subsequent fiscal year, 
     the total number of immigrant visas that are made available 
     to natives of the country of birth of Robert Liang and Alice 
     Liang under section 203(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(a)), or, if applicable, the total number 
     of immigrant visas that are made available to natives of the 
     country of birth of Robert Liang and Alice Liang under 
     section 202(e) of that Act (8 U.S.C. 1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 123. A bill for the relief of Jose Buendia Balderas, Alicia Aranda 
De Buendia, and Ana Laura Buendia Aranda; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing legislation 
to provide lawful permanent residence status to Jose Buendia Balderas, 
his wife, Alicia Aranda De Buendia, and their daughter, Ana Laura 
Buendia Aranda, Mexican nationals who have been living and working in 
the Fresno area of California for over 20 years.
  Jose Buendia is a remarkable individual who epitomizes the American 
dream. His father worked as an agricultural laborer in the Bracero 
program over 25 years ago. In 1981, Jose followed his father to the 
United States--where he worked in the shadows to help provide for his 
family in Mexico.
  Since then, Jose has moved from working as a landscaper to 
construction, where he is now a valued employee of Bone Construction in 
Reedley, California. He has been employed by this cement company for 
the past 8 years. Although he knew nothing about construction when he 
began working in the field, he was disciplined and persistent in his 
training and is now a lead foreman.
  His employer, Timothy Bone, says Mr. Buendia is a ``reliable, 
hardworking and conscientious'' employee. In fact, it was Mr. Bone who 
contacted my office to seek relief for Mr. Buendia.
  Alicia Buendia, Jose Buendia's wife, has been working as a seasonal 
fruit packer for several years. The family has consistently paid all of 
their taxes. Recently, they paid off their mortgage and today, they are 
debt free. They have health insurance, savings and retirement accounts, 
participate in the company profit-sharing company, and support their 
family here and in Mexico. In short, they are living the American 
dream.
  Their daughter, Ana Laura, is an outstanding student. She earned a 
4.0 GPA at Reedley High School and was awarded an academic scholarship 
to the University of California-Berkeley. Unfortunately, because of her 
immigration status, she was unable to accept the scholarship and her 
parents now pay full out-of-state tuition for her to attend the 
University of California-Irvine. She is now completing her second year 
there.
  Their son, Jose, is a U.S. citizen, and graduated high school with a 
3.85 grade point average and honors, and is currently an engineering 
student at Reedley Junior College. For both Jose and Ana Laura, the 
United States is the only country they know.
  What makes the story of the Buendias so tragic is that they would 
have been eligible to correct their illegal status but for the 
unscrupulous practices of their former immigration attorney.
  Because Mr. Buendia has been in this country for so long, he 
qualified for legalization pursuant to the Immigration and Reform 
Control Act of 1986. Unfortunately, his legalization application was 
never acted upon because his attorney, Jose Velez, was convicted of 
fraudulently submitting legalization and Special Agricultural Worker 
applications.
  This criminal conduct tainted all of Mr. Velez's clients. Although 
Mr. Buendia's application was found not to contain any fraudulent 
documentation, it was submitted while his lawyer was under 
investigation. The result was that Mr. Buendia was unable to be 
interviewed and obtain legal status.
  To complicate matters, it took the Immigration and Naturalization 
Service nearly 7 years to determine that Mr. Buendia's application 
contained no fraudulent information. In the meantime, the Immigration 
and Naturalization Service reinterpreted the law and determined that he 
was no longer eligible for relief because he had left the United States 
briefly when he married his wife.
  Despite these setbacks, the Buendia family has continued to seek 
legal status. They believed they were successful when an immigration 
judge granted the family relief based on the hardship their U.S. 
citizen son would face if his family was deported to Mexico. 
Unfortunately, the government appealed the

[[Page 137]]

judge's decision and had it overturned by the Board of Immigration 
Appeals.
  Despite the problems with adjusting their legal status, this family 
has forged ahead and continued to play a meaningful role in their 
community. They have worked hard. They have invested in their 
neighborhood. They are active in the PTA and their local church.
  I believe the Buendia family should be allowed to continue to live in 
this country that has become their own. If this legislation is 
approved, the Buendias will be able to continue to contribute 
significantly to the United States. It is my hope that Congress passes 
this private legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 123

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR JOSE BUENDIA 
                   BALDERAS, ALICIA ARANDA DE BUENDIA, AND ANA 
                   LAURA BUENDIA ARANDA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Jose Buendia Balderas, Alicia Aranda De Buendia, and 
     Ana Laura Buendia Aranda shall each be eligible for issuance 
     of an immigrant visa or for adjustment of status to that of 
     an alien lawfully admitted for permanent residence upon 
     filing an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Jose Buendia Balderas, Alicia 
     Aranda De Buendia, or Ana Laura Buendia Aranda enter the 
     United States before the filing deadline specified in 
     subsection (c), Jose Buendia Balderas, Alicia Aranda De 
     Buendia, or Ana Laura Buendia Aranda, as appropriate, shall 
     be considered to have entered and remained lawfully in the 
     United States and shall be eligible for adjustment of status 
     under section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255) as of the date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Jose Buendia 
     Balderas, Alicia Aranda De Buendia, and Ana Laura Buendia 
     Aranda, the Secretary of State shall instruct the proper 
     officer to reduce by 3, during the current or next following 
     fiscal year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Jose Buendia 
     Balderas, Alicia Aranda De Buendia, and Ana Laura Buendia 
     Aranda under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of Jose 
     Buendia Balderas, Alicia Aranda De Buendia, and Ana Laura 
     Buendia Aranda under section 202(e) of such Act (8 U.S.C. 
     1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 124. A bill for the relief of Shigeru Yamada; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I offer today private relief 
legislation to provide lawful permanent residence status to Shigeru 
Yamada, a 24-year-old Japanese national who lives in Chula Vista, 
California. The House passed a private relief bill on behalf of Mr. 
Yamada last year, but unfortunately we were unable to move the bill in 
the Senate before the end of the 110th Congress.
  I have decided to re-introduce a private bill on his behalf because I 
believe that Mr. Yamada represents a model American citizen, for whom 
removal from this country would represent an unfair hardship. Without 
this legislation, Mr. Yamada will be forced to return to a country in 
which he lacks any linguistic, cultural or family ties.
  Mr. Yamada legally entered the United States with his mother and two 
sisters in 1992 at the young age of 10. The family was fleeing from Mr. 
Yamada's alcoholic father, who had been physically abusive to his 
mother, the children and even his own parents. Since then, he has had 
no contact with his father and is unsure if he is even alive. 
Tragically, Mr. Yamada experienced further hardship when his mother was 
killed in a car crash in 1995. Orphaned at the age of 13, Mr. Yamada 
spent time living with his aunt before moving to Chula Vista to live 
with a close friend of his late mother.
  The death of his mother marked more than a personal tragedy for Mr. 
Yamada; it also served to impede the process for him to legalize his 
status. At the time of her death, Mr. Yamada's family was living 
legally in the United States. His mother had acquired a student visa 
for herself and her children qualified as her dependants. Her death 
revoked his legal status in the United States.
  In addition, Mr. Yamada's mother was engaged to an American citizen 
at the time of her death. Had she survived, her son would likely have 
become an American citizen through this marriage.
  Mr. Yamada has exhausted all administrative options under our current 
immigration system. Throughout high school, he contacted attorneys in 
the hopes of legalizing his status, but his attempts were unsuccessful. 
Unfortunately, time has run out and, for Mr. Yamada, the only option 
available to him today is private relief legislation.
  For several reasons, it would be tragic for Mr. Yamada to be deported 
from the United States and forced to return to Japan.
  First, since arriving in the United States, Mr. Yamada has lived as a 
model American. He graduated with honors from Eastlake High School in 
2000, where he excelled in both academics and athletics. Academically, 
he earned a number of awards including being named an ``Outstanding 
English Student'' his freshman year, an All-American Scholar, and 
earning the United States National Minority Leadership Award.
  His teacher and coach, Mr. John describes him as being ``responsible, 
hard working, organized, honest, caring and very dependable.'' His role 
as the vice president of the Associated Student Body his senior year is 
an indication of Mr. Yamada's high level of leadership, as well as, his 
popularity and trustworthiness among his peers.
  As an athlete, Mr. Yamada was named the ``Most Inspirational Player 
of the Year'' in junior varsity baseball and football, as well as, 
varsity football. His football coach, Mr. Jose Mendoza, expressed his 
admiration by saying that he has ``seen in Shigeru Yamada the 
responsibility, dedication and loyalty that the average American holds 
to be virtuous.''
  Second, Mr. Yamada has distinguished himself as a local volunteer. As 
a member of the Eastlake High School Link Crew, he helped freshman find 
their way around campus, offered tutoring and mentoring services, and 
set an example of how to be a successful member of the student body. 
After graduating from high school, he volunteered his time for 4 years 
as the coach of the Eastlake High School Girl's softball team. The 
former head coach, who has since retired, Dr. Charles Sorge, describes 
him as an individual full of ``integrity'' who understands that as a 
coach it is important to work as a ``team player.''
  His level of commitment to the team was further illustrated to Dr. 
Sorge when he discovered, halfway through the season, that Mr. Yamada's 
commute to and from practice was 2 hours long each way. It takes an 
individual with character to volunteer his time to coach and never 
bring up the issue of how long his commute takes him each day. Dr. 
Sorge hopes that, once Mr. Yamada legalizes his immigration status, he 
will be formally hired to continue coaching the team.
  Third, sending Mr. Yamada back to Japan would be an immense hardship 
for him and his family here. Mr. Yamada does not speak Japanese. He is 
unaware of the nation's current cultural trends.
  And, he has no immediate family members that he knows of in Japan. 
All of his family lives in California. Sending Mr. Yamada back to Japan 
would serve to split his family apart and separate him from everyone 
and everything that he knows.
  His sister contends that her younger brother would be ``lost'' if he 
had to return to live in Japan on his own. It is

[[Page 138]]

unlikely that he would be able to find any gainful employment in Japan 
due to his inability to speak or read the language.
  As a member of the Chula Vista community, Mr. Yamada has 
distinguished himself as an honorable individual. His teacher, Mr. 
Robert Hughes, describes him as being an ``upstanding `All-American' 
young man''. Until being picked up during a routine check of riders' 
immigration status on a city bus, he had never been arrested or 
convicted of any crime. Mr. Yamada is not, and has never been, a burden 
on the State. He has never received any Federal or State assistance.
  With his hard work and giving attitude, Shigeru Yamada represents the 
ideal American citizen. Although born in Japan, he is truly American in 
every other sense.
  Given these extraordinary and unique facts, I ask my colleagues to 
support this private relief bill on behalf of Mr. Yamada. Mr. 
President, I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 124

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR SHIGERU YAMADA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Shigeru Yamada shall be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of that Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Shigeru Yamada enters the 
     United States before the filing deadline specified in 
     subsection (c), Shigeru Yamada shall be considered to have 
     entered and remained lawfully and shall be eligible for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) as of the date of the 
     enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for issuance of an 
     immigrant visa or the application for adjustment of status is 
     filed with appropriate fees not later than 2 years after the 
     date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Shigeru 
     Yamada, the Secretary of State shall instruct the proper 
     officer to reduce by 1, during the current or subsequent 
     fiscal year, the total number of immigrant visas that are 
     made available to natives of the country of birth of Shigeru 
     Yamada under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the 
     total number of immigrant visas that are made available to 
     natives of the country of birth of Shigeru Yamada under 
     section 202(e) of that Act (8 U.S.C. 1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 125. A bill for the relief of Alfredo Plascencia Lopez and Maria 
Del Refugio Plascencia; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to offer legislation to 
provide lawful permanent residence status to Alfredo Plascencia Lopez 
and his wife, Maria del Refugio Plascencia, Mexican nationals who live 
in the San Bruno area of California.
  I have decided to offer legislation on their behalf because I believe 
that, without it, this hardworking couple and their four United States 
citizen children would endure an immense and unfair hardship. Indeed, 
without this legislation, this family may not remain a family for much 
longer.
  The Plascencia's have worked for years to adjust their status through 
the appropriate legal channels, only to have their efforts thwarted by 
inattentive legal counsel. Repeatedly, the Plascencia's lawyer refused 
to return their calls or otherwise communicate with them in anyway. He 
also failed to forward crucial immigration documents, or even notify 
the Plascencias that he had them. Because of the poor representation 
they received, Mr. and Mrs. Plascencia only became aware that they had 
been ordered to leave the country 15 days prior to their deportation.
  Although the family was stunned and devastated by this discovery, 
they acted quickly to secure legitimate counsel and to file the 
appropriate paperwork to delay their deportation to determine if any 
other legal action could be taken.
  For several reasons, it would be tragic for this family to be removed 
from the United States.
  First, since arriving in the United States in 1988, Mr. and Mrs. 
Plascencia have proven themselves to be a responsible and civic-minded 
couple who share our American values of hard work, dedication to 
family, and devotion to community.
  Second, Mr. Plascencia has been gainfully employed at Vince's 
Shellfish for the over 14 years, where his dedication and willingness 
to learn have propelled him from part-time work to a managerial 
position. He now overseas the market's entire packing operation and 
several employees.
  The president of the market, in one of the several dozen letters I 
have received in support of Mr. Plascencia, referred to him as ``a 
valuable and respected employee'' who ``handles himself in a very 
professional manner'' and serves as ``a role model'' to other 
employees. Others who have written to me praising Mr. Plascencia's job 
performance have referred to him as ``gifted,'' ``trusted,'' 
``honest,'' and ``reliable.''
  Third, like her husband, Mrs. Plascencia has distinguished herself as 
a medical assistant at a Kaiser Permanente hospital in the Bay Area. 
Not satisfied with working as a maid at a local hotel, Mrs. Plascencia 
went to school, earned her high school equivalency degree and improved 
her skills to become a medical assistant.
  Those who have written to me in support of Mrs. Plascencia, of which 
there are several, have described her work as ``responsible,'' 
``efficient,'' and ``compassionate.''
  In fact, Kaiser Permanente's Director of Internal Medicine, Nurse 
Rose Carino, wrote to say that Mrs. Plascencia is ``an asset to the 
community and exemplifies the virtues we Americans extol: hardworking, 
devoted to her family, trustworthy and loyal, [and] involved in her 
community. She and her family are a solid example of the type of 
immigrant that America should welcome wholeheartedly.''
  Mrs. Carino went on to write that Mrs. Plascencia is ``an excellent 
employee and role model for her colleagues. She works in a very 
demanding unit, Oncology, and is valued and depended on by the 
physicians she works with.''
  Together, Mr. and Mrs. Plascencia have used their professional 
successes to realize many of the goals dreamed of by all Americans. 
They saved up and bought a home. They own a car. They have good health 
care benefits and they each have begun saving for retirement. They want 
to send their children to college and give them an even better life.
  This legislation is important because it would preserve these 
achievements and ensure that Mr. and Mrs. Plascencia will be able to 
make substantive contributions to the community in the future.
  It is important, also, because of the positive impact it will have on 
the couple's children, each of whom is a United States citizen and each 
of whom is well on their way to becoming productive members of the Bay 
Area community.
  Christina, 17, is the Plascencia's oldest child, and an honor 
student. Erika, 14, and Alfredo, Jr., 12, have worked hard at their 
studies and received praise and good grades from their teachers. In 
fact, the principal of Erika's school has recognized her as the ``Most 
Artistic'' student in her class. Erika's teacher, Mrs. Nascon, remarked 
on a report card, ``Erika is a bright spot in my classroom.''
  The Plascencia's also have two young children: 6-year-old Daisy and 
2-year-old Juan-Pablo.
  Removing Mr. and Mrs. Plascencia from the United States would be 
tragic for their children. Children who were born in the United States 
and who through no fault of their own have been thrust into a situation 
that has the potential to dramatically alter their lives.
  It would be especially tragic for the Plascencia's older children--
Christina,

[[Page 139]]

Erika, and Alfredo--to have to leave the United States. They are old 
enough to understand that they are leaving their schools, their 
teachers, their friends, and their home. They would leave everything 
that is familiar to them.
  Their parents would find themselves in Mexico without a job and 
without a house. The children would have to acclimate to a different 
culture, language, and way of life.
  The only other option would be for Mr. and Mrs. Plascencia to leave 
their children here with relatives. This separation is a choice which 
no parents should have to make.
  Many of the words I have used to describe Mr. and Mrs. Plascencia are 
not my own. They are the words of the Americans who live and work with 
the Plascencias day in and day out and who find them to embody the 
American spirit.
  I have sponsored this legislation, and asked my colleagues to support 
it, because I believe that this is a spirit that we must nurture 
wherever we can find it. Forcing the Plascencias to leave the United 
States would extinguish that spirit. I ask my colleagues to support 
this private bill on behalf of the Plascencia family.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 125

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR ALFREDO PLASCENCIA 
                   LOPEZ AND MARIA DEL REFUGIO PLASCENCIA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Alfredo Plascencia Lopez and Maria Del Refugio 
     Plascencia shall each be eligible for the issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of that Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Alfredo Plascencia Lopez or 
     Maria Del Refugio Plascencia enter the United States before 
     the filing deadline specified in subsection (c), Alfredo 
     Plascencia Lopez or Maria Del Refugio Plascencia, as 
     appropriate, shall be considered to have entered and remained 
     lawfully and shall be eligible for adjustment of status under 
     section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255) as of the date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for issuance of 
     immigrant visas or the application for adjustment of status 
     are filed with appropriate fees within 2 years after the date 
     of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of immigrant visas or permanent residence to Alfredo 
     Plascencia Lopez and Maria Del Refugio Plascencia, the 
     Secretary of State shall instruct the proper officer to 
     reduce by 2, during the current or subsequent fiscal year, 
     the total number of immigrant visas that are made available 
     to natives of the country of birth of Alfredo Plascencia 
     Lopez and Maria Del Refugio Plascencia under section 203(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1153(a)) or, 
     if applicable, the total number of immigrant visas that are 
     made available to natives of the country of birth of Alfredo 
     Plascencia Lopez and Maria Del Refugio Plascencia under 
     section 202(e) of that Act (8 U.S.C. 1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 126. A bill for the relief of Claudia Marquez Rico; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am offering today private relief 
legislation to provide lawful permanent residence status to Claudia 
Marquez Rico, a Mexican national living in Redwood City, CA.
  Born in Jalisco, Mexico, Claudia was brought to the United States by 
her parents 16 years ago.
  Claudia was just 6 years old at the time. She has two younger 
brothers, Jose and Omar, who came to America with her, and a sister, 
Maribel, who was born in California and is a U.S. Citizen. America is 
the only home they know.
  Eight years ago that home was visited by tragedy. As Mr. and Mrs. 
Marquez were driving to work early on the morning of October 4, 2000, 
they were both killed in a horrible traffic accident when their car 
collided with a truck on an isolated rural road.
  The children went to live with their aunt and uncle, Hortencia and 
Patricio Alcala. The Alcalas are a generous and loving couple. They are 
U.S. citizens with two children of their own and took the Marquez 
children in and did all they could to comfort them in their grief. They 
supervised their schooling, and made sure they received the counseling 
they needed, too. The family is active in their parish at Buen Pastor 
Catholic Church, and Patricio Alcala serves as a youth soccer coach. In 
2001, the Alcalas were appointed the legal guardians of the Marquez 
children.
  Sadly, the Marquez family received poor legal representation. At the 
time of their parents' death, Claudia and Jose were minors, and 
qualified for special immigrant juvenile status. This category was 
enacted by Congress to protect children like them from the hardship 
that would result from deportation under such extraordinary 
circumstances, when a State court deems them to be dependents due to 
abuse, abandonment or neglect.
  Today, their younger brother Omar is a U.S. Citizen, due to his 
adjustment as a special immigrant juvenile. Unfortunately, the family's 
previous lawyer failed to secure this relief for Claudia, and she has 
now reached the age of majority without having resolved her immigration 
status.
  I should note that their former lawyer, Walter Pineda, is currently 
answering charges on 29 counts of professional incompetence and 5 
counts of moral turpitude for mishandling immigration cases and appears 
on his way to being disbarred.
  I am offering legislation on Claudia's behalf because I believe that, 
without it, this family would endure an immense and unfair hardship. 
Indeed, without this legislation, this family will not remain a family 
for much longer.
  Despite the adversity they encountered, Claudia finished school. She 
supports herself, her 17-year-old sister, Maribel, and her younger 
brother Omar. Again, both Maribel and Omar are now U.S. Citizens.
  Claudia has no close relatives in Mexico. She has never visited 
Mexico, and she was so young when she was brought to America that she 
has no memories of it. How can we expect her to start a new life there 
now?
  It would be a grave injustice to add to this family's misfortune by 
tearing these siblings apart. This is a close family, and they have 
come to rely on each other heavily in the absence of their deceased 
parents. This bill will prevent the added tragedy of another wrenching 
separation.
  Given these extraordinary and unique facts, I ask my colleagues to 
support this private relief bill on behalf of Claudia Rico.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 126

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR CLAUDIA MARQUEZ 
                   RICO.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Claudia Marquez Rico shall be eligible for issuance of 
     an immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Claudia Marquez Rico enters 
     the United States before the filing deadline specified in 
     subsection (c), she shall be considered to have entered and 
     remained lawfully and, if otherwise eligible, shall be 
     eligible for adjustment of status under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255) as of the 
     date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for issuance of an 
     immigrant visa or the application for adjustment of status is 
     filed with appropriate fees not later than 2 years after the 
     date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Number.--Upon the granting 
     of an immigrant

[[Page 140]]

     visa or permanent residence to Claudia Marquez Rico, the 
     Secretary of State shall instruct the proper officer to 
     reduce by 1, during the current or subsequent fiscal year, 
     the total number of immigrant visas that are made available 
     to natives of the country of birth of Claudia Marquez Rico 
     under section 203(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(a)) or, if applicable, the total number of 
     immigrant visas that are made available to natives of the 
     country of birth of Claudia Marquez Rico under section 202(e) 
     of such Act (8 U.S.C. 1152(e)).
       (e) Denial of Preferential Immigration Treatment for 
     Certain Relatives.--The natural parents, brothers, and 
     sisters of Claudia Marquez Rico shall not, by virtue of such 
     relationship, be accorded any right, privilege, or status 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 127. A bill for the relief of Jacqueline W. Coats; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I offer today private relief 
legislation to provide lawful permanent residence status to Jacqueline 
Coats, a 28-year-old widow currently living in San Francisco.
  Mrs. Coats came to the U.S. in 2001 from Kenya on a student visa to 
study Mass Communications at San Jose State University. Her visa status 
lapsed in 2003, and the Department of Homeland Security began 
deportation proceedings against her.
  Mrs. Coats married Marlin Coats on April 17, 2006, after dating for 
several years. The couple was happily married and planning to start a 
family when, on May 13, Mr. Coats tragically died in a heroic attempt 
to save two young boys from drowning.
  The couple had been on a Mother's Day outing at Ocean Beach with some 
of Mr. Coats' nephews when they heard cries for help. Having worked as 
a lifeguard in the past, Mr. Coats instinctively dove into the water. 
The two children were saved with the help of a rescue crew, but Mr. 
Coats, caught in a riptide, died. Mrs. Coats received a medal honoring 
her husband.
  Four days before Mr. Coats' death, the couple prepared and signed an 
application for a green card at their attorney's office. Unfortunately 
the petition was not filed until after his death, rendering it invalid. 
Mrs. Coats currently has a hearing before an immigration judge in San 
Francisco on August 24, but her attorney has informed my staff that she 
has no relief available to her and will be ordered deported.
  Mrs. Coats, devastated by the loss of her husband, is now caught in a 
battle for her right to stay in America. At a recent news conference 
with her lawyer, Thip Ark, she explained of her situation, ``I feel 
like I have nothing to live for. I have nothing to go home to . . . 
I've been here four years . . . It would be like starting a new life.''
  Ms. Ark explains that Mrs. Coats is extremely close with her late 
husband's family, with whom she lives in San Leandro, California. Mrs. 
Coats has said that her husband's large family has become her own. 
Ramona Burton of San Francisco, one of Marlin Coats' seven brothers and 
sisters explains, ``She spent her first American Christmas with us, her 
first American Thanksgiving . . . I can't imagine looking around and 
not seeing her there. She needs to be there.''
  The San Francisco and Bay Area community has rallied strong support 
for Mrs. Coats. The San Francisco chapters of the NAACP, the San 
Francisco Board of Supervisors, and the San Francisco Police 
Department, have all passed resolutions in support of Mrs. Coats' right 
to remain in the country.
  Unfortunately, if this private relief bill is not approved, this 
young woman, and the Coats family, will face yet another disorienting 
and heartbreaking tragedy. Mrs. Coats will be deported to Kenya, a 
country she has not lived in since she was 21. In her time of grieving, 
she will be forced to leave her home, her job with AC Transit, her new 
family, and everything she has known for the past 5 years.
  I cannot think of a compelling reason why the United States should 
not allow this young widow to continue the green card process. Had her 
husband lived, Mrs. Coats would have filed the papers without 
difficulty. It was because of her husband's selfless and heroic act 
that Mrs. Coats must now struggle to remain in the country. As one 
concerned California constituent wrote to me, ``If ever there was a 
case where common fairness, morality and decency should reign over 
legal technicalities, this is it. We, as a country, need to reward 
heroism and good.''
  I believe that we can reward the late Mr. Coats for his noble actions 
by granting his wife citizenship. It is what he intended for her. It 
can even be argued that a green card for his wife was one of his dying 
wishes, as the papers were signed just 4 days prior to his death.
  For these reasons, I reintroduce this private relief immigration bill 
and ask my colleagues to support it on behalf of Mrs. Coats.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 127

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR JACQUELINE W. COATS.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Jacqueline W. Coats shall be eligible for issuance of 
     an immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of that Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Jacqueline W. Coats enters 
     the United States before the filing deadline specified in 
     subsection (c), Jacqueline W. Coats shall be considered to 
     have entered and remained lawfully in the United States and 
     shall be eligible for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255) as of 
     the date of enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for issuance of an 
     immigrant visa or the application for adjustment of status is 
     filed with appropriate fees not later than 2 years after the 
     date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Jacqueline W. 
     Coats, the Secretary of State shall instruct the proper 
     officer to reduce by 1, during the current or subsequent 
     fiscal year, the total number of immigrant visas that are 
     made available to natives of the country of birth of 
     Jacqueline W. Coats under section 203(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the 
     total number of immigrant visas that are made available to 
     natives of the country of birth of Jacqueline W. Coats under 
     section 202(e) of that Act (8 U.S.C. 1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 128. A bill for the relief of Jose Alberto Martinez Moreno, 
Micaela Lopez Martinez, and Adilene Martinez; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing private 
immigration relief legislation to provide lawful permanent residence 
status to Jose Alberto Martinez Moreno and Micaela Lopez Martinez and 
their daughter, Adilene Martinez--Mexican nationals now living in San 
Francisco, California.
  This family embodies the true American success story and I believe 
they merit Congress' special consideration for such an extraordinary 
form of relief as a private bill.
  Mr. Martinez came to the United States eighteen years ago from 
Mexico. He started working as a bus boy in restaurants in San 
Francisco. In 1990, he began working as a cook at Palio D'Asti, an 
award winning Italian restaurant in San Francisco.
  According to the people who worked with him, he ``never made 
mistakes, never lost his temper, and never seemed to sweat.''
  Over the years, Jose Martinez has worked his way through the ranks. 
Today, he is the sous chef at Palio, where he is respected by everyone 
in the restaurant, from dishwashers to cooks, busboys to waiters, 
bartenders to managers.
  Mr. Martinez has unique skills: he is an excellent chef; he is 
bilingual; he is a leader in the workplace. He is described as ``an 
exemplary employee'' who is not only ``good at his job, but is also a 
great boss to his subordinates.''

[[Page 141]]

  He and his wife, Micaela, have made a home in San Francisco. Micaela 
has been working as a housekeeper. They have three daughters, two of 
whom are United States citizens. Their oldest child Adilene, 20, is 
undocumented. Adilene recently graduated from the Immaculate Conception 
Academy and is attending San Francisco City College.
  One of the most compelling reasons for allowing the family to remain 
in the United States is that they are eligible for a green card. 
Unfortunately, there is such a back log for green cards right now that 
even though he has a work permit, owns a home in San Francisco, works 
two jobs, and has been in the United States for twenty years with a 
clean record, he and his family will be deported.
  Mr. Martinez and his family have applied unsuccessfully for legal 
status several ways:
  In May 2002, Mr. and Mrs. Martinez filed for political asylum. Their 
case was denied and a subsequent application for a Cancellation of 
Removal was also denied because the immigration court judge could not 
find ``requisite hardship'' required for this relief.
  Ironically, the immigration judge who reviewed their case found that 
Mr. Martinez's culinary ability was a negative factor--as it indicated 
that he could find a job in Mexico.
  In 2001, his sister, who has legal status, petitioned for Mr. 
Martinez to get a green card. Unfortunately, because of the current 
green card backlog, Mr. Martinez has several years to wait before he is 
eligible for a green card.
  Finally, Daniel Scherotter, the executive chef and owner of Palio 
D'Asti, has petitioned for legal status for Mr. Martinez based on Mr. 
Martinez's unique skills as a chef. Although Mr. Martinez's work 
petition was approved by U.S. Citizenship and Immigration Services, 
there is a backlog on these visas, and Mr. Martinez is on a waiting 
list for a green card through this channel, as well.
  Mr. and Mrs. Martinez have no other administrative options available 
to them at this point and if deported, they will face a 5 to 10 year 
ban from returning to the United States. In addition, this bill remains 
the only means for Adilene to gain legal status.
  The Martinez family has become an important and valued part of their 
community. They are active members of their church, their children's 
school, and Comite de Padres Unido, a grassroots immigrant organization 
in California.
  They volunteer extensively--advocating for safe new parks in the 
community for the children, volunteering at their children's school, 
and working on a voter registration campaign, even though they are 
unable to vote themselves.
  In fact, I have received 46 letters of support from teachers, church 
members, and members of their community who attest to their honesty, 
responsibility, and long-standing commitment to their community. Their 
supporters include San Francisco Mayor Gavin Newsom; former Mayor 
Willie Brown; President of the San Francisco Board of Supervisors, 
Aaron Peskin; and the Director of Immigration Policy at the Immigrant 
Legal Resource Center, Mark Silverman.
  This family has truly embraced the American dream. I believe their 
continued presence in our country would do so much to enhance the 
values we hold dear. Enactment of the legislation I have reintroduced 
today will enable the Martinez family to continue to make significant 
contributions to their community as well as the United States.
  I ask my colleagues to support this private bill. Mr. President, I 
ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 128

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADJUSTMENT OF STATUS.

       (a) In General.--Notwithstanding any other provision of 
     law, for the purposes of the Immigration and Nationality Act 
     (8 U.S.C. 1101 et seq.), Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez shall each be 
     deemed to have been lawfully admitted to, and remained in, 
     the United States, and shall be eligible for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) upon filing an application 
     for such adjustment of status.
       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if the application for adjustment of status is 
     filed with appropriate fees not later than 2 years after the 
     date of the enactment of this Act.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of permanent resident status to Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez, the Secretary 
     of State shall instruct the proper officer to reduce by 3, 
     during the current or subsequent fiscal year, the total 
     number of immigrant visas that are made available to natives 
     of the country of the birth of Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez under section 
     202(e) or 203(a) of the Immigration and Nationality Act (8 
     U.S.C. 1152(e) and 1153(a)), as applicable.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 129. A bill for the relief of Ruben Mkoian, Asmik Karapetian, and 
Arthur Mkoyan; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing a private 
relief bill on behalf of Ruben Mkoian, his wife, Asmik Karapetian and 
their son, Arthur Mkoyan. The Mkoian family are Armenian nationals who 
have been living and working in Fresno, California, for over a decade.
  The story of the Mkoian family is compelling and I believe they merit 
Congress's special consideration for such an extraordinary form of 
relief as a private bill.
  Let me first start with how the Mkoian family arrived in the United 
States. While in Armenia, Mr. Mkoian worked as a police sergeant in a 
division dealing with vehicle licensing. As a result of his position, 
he was offered a bribe to register 20 stolen vehicles.
  He refused the bribe and reported the incident to the police chief. 
He later learned that his co-worker had registered the vehicles at the 
request of the chief.
  After he reported the offense, Mr. Mkoian's supervisor informed him 
that the department was to undergo an inspection. Mr. Mkoian was 
instructed to take a vacation during this time period. Mr. Mkoian 
believed that the inspection was a result of the complaint that he had 
filed with the higher authorities.
  During the inspection, however, Mr. Mkoian worked at a store that he 
owned rather than taking a vacation. During that time, individuals kept 
entering his store and attempted to damage it and break merchandise. 
When he threatened to call the police, he received threatening phone 
calls telling him to ``shut up'' or else he would ``regret it.'' Mr. 
Mkoian believed that these threats were related to the illegal vehicle 
registrations occurring in his department because he had nothing else 
to be silent about.
  Later that same month, three men grabbed his wife and attempted to 
kidnap his child, Arthur, on the street. Mrs. Mkoian was told that her 
husband should ``shut up.'' No one suffered any injuries from the 
incident. In October 1991, a bottle of gasoline was thrown into the 
Mkoian's residence and their house was burned down. The final incident 
occurred on April 1, 1992, when four or five men assaulted Mr. Mkoian 
in his store. He was beaten and hospitalized for 22 days.
  Following that experience, Mr. Mkoian left Armenia for Russia, and 
then came to the United States on a visitor's visa in search of a 
better life. Two years later he brought his wife Asmik and his then 3-
year-old son Arthur to the United States, also on visitor's visas. The 
family applied for political asylum, but the 9th Circuit Court of 
Appeals denied their request in January 2008. Thus, the family has no 
further legal recourse by which to remain in the country other than 
this bill.
  Since arriving in the United States, the family has thrived. Arthur 
is now 18 years old and the family has expanded to include Arsen, who 
is a U.S. citizen.
  Both Arthur and Arsen are very special children. In high school, 
Arthur

[[Page 142]]

maintained a 4.0 grade point average and was a valedictorian for the 
class of 2008. I first introduced this bill on his graduation day. 
Today, Arthur is a freshman at the University of California, Davis.
  Arsen is following in his older brother's footsteps. At age 12, he 
stands out among his peers and is on the honor roll at Tenaya Middle 
School in Fresno.
  In addition to raising two outstanding children, Mr. and Mrs. Mkoian 
have maintained steady jobs and have devoted time and energy into the 
community and their church. Mr. Mkoian is working at HB Medical 
Transportation, as a driver in Fresno.
  His wife, Asmik, has two jobs as a medical receptionist with Dr. 
Kumar in Fresno and as a sales clerk at Gottschalks Department Store. 
In addition, she has taken classes at Fresno Community College and has 
completed their Medical Assistant Program.
  The family are active members of the St. Paul Armenian Church, and 
Mr. Mkoian is a member of the PTA of the St. Paul Armenian Saturday 
School.
  There has been an outpouring of support for this family from their 
church, the schools their children attend, and the community at large.
  To date, we have received over 200 letters of support for the family 
in addition to numerous telephone calls. I also note that I have 
letters from both Congressman George Radanovich and Jim Costa, 
requesting that I offer this bill for the Mkoian family.
  I truly believe that this case warrants our compassion and our 
extraordinary consideration.
  I ask my colleagues to support this private bill. Mr. President, I 
ask by unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 129

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR RUBEN MKOIAN, ASMIK 
                   KARAPETIAN, AND ARTHUR MKOYAN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Ruben Mkoian, Asmik Karapetian, and Arthur Mkoyan 
     shall each be eligible for the issuance of an immigrant visa 
     or for adjustment of status to that of an alien lawfully 
     admitted for permanent residence upon filing an application 
     for issuance of an immigrant visa under section 204 of such 
     Act (8 U.S.C. 1154) or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Ruben Mkoian, Asmik 
     Karapetian, or Arthur Mkoyan enters the United States before 
     the filing deadline specified in subsection (c), Ruben 
     Mkoian, Asmik Karapetian, or Arthur Mkoyan, as appropriate, 
     shall be considered to have entered and remained lawfully in 
     the United States and shall be eligible for adjustment of 
     status under section 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1255) as of the date of the enactment of this 
     Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon granting an 
     immigrant visa or permanent resident status to Ruben Mkoian, 
     Asmik Karapetian, and Arthur Mkoyan, the Secretary of State 
     shall instruct the proper officer to reduce by 3, during the 
     current or subsequent fiscal year, the total number of 
     immigrant visas that are made available to natives of the 
     country of birth of Ruben Mkoian, Asmik Karapetian, and 
     Arthur Mkoyan under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the 
     total number of immigrant visas that are made available to 
     natives of the country of birth of Ruben Mkoian, Asmik 
     Karapetian, and Arthur Mkoyan under section 202(e) of such 
     Act (8 U.S.C. 1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 130. A bill for the relief of Jorge Rojas Gutierrez, Oliva 
Gonzalez Gonzalez, and Jorge Rojas Gonzalez; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing a private 
relief bill on behalf of Jorge Rojas Gutierrez, his wife, Oliva 
Gonzalez Gonzalez, and their son, Jorge Rojas Gonzalez. The Rojas 
family members are Mexican nationals living in the San Jose area of 
California.
  The story of the Rojas family is compelling, and I believe they merit 
Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  Mr. Rojas and his wife Ms. Gonzalez originally came to the United 
States in 1990 when their son Jorge Rojas, Jr. was just 2 years old. In 
1995, they left the country to attend a funeral, and then re-entered on 
visitors' visas.
  The family has since expanded to include a son, Alexis Rojas, now age 
16, and a daughter Tania Rojas, now age 14.
  Since arriving in the United States, this family has dedicated 
themselves to community involvement, a strong work ethic and 
volunteerism. They have been paying taxes since their arrival in 1990. 
The family has been described by their friends and colleagues as a 
``model American family.'' I would like to tell you some more about 
each member of the Rojas family.
  Mr. Rojas is a hard-working individual who has been employed by 
Valley Crest Landscape Maintenance in San Jose, California, for the 
past 14 years. Currently, Mr. Rojas works on commercial landscaping 
projects. He is well-respected by his supervisor and his peers.
  In addition to supporting his family, Jorge has volunteered his time 
and talents to provide modern green landscaping and a recreational 
jungle gym to Sherman Oaks Community Charter School, where his two 
youngest children attend school.
  Ms. Gonzalez, in addition to raising her three children, has been 
very active in the local community. She has worked to help other 
immigrants assimilate to American life by working as a translator and a 
tutor for immigrant children at Sherman Oaks Community Charter School 
and the Y.M.C.A. Kids after-school program.
  She has also coached soccer teams, and has recently directed a 
Thanksgiving food drive. Ms. Gonzalez also devotes many hours of her 
time to the organization People Acting in Community Together, PACT, 
where she works to prevent crime, gangs and drug dealing in San Jose 
neighborhoods and schools.
  Perhaps one of the most compelling reasons for permitting the family 
to remain in the United States is the impact their deportation would 
have on their three children. Two of the children, Alexis and Tania, 
are U.S. citizens. Jorge Rojas, Jr. has lived in the United States 
since he was a toddler. For these children, this country is the only 
country they really know.
  Jorge Rojas, Jr., who entered the United States as an infant with his 
parents, is now 20 and is currently working at Jamba Juice. He 
graduated from Del Mar High School in 2007 and is currently taking 
classes at San Jose City College.
  Alexis and Tania are students at Sherman Oaks Community Charter 
School. They are described by their teachers as ``fantastic, wonderful, 
and gifted'' students. In fact, the principal at Sherman Oaks has 
described all three of the children as ``honest, hard-working academic 
honor students'' and have commended all of them for their on-campus 
leadership.
  It seems so clear to me that this family has embraced the American 
dream, and their continued presence in our country would do so much to 
enhance the values we hold dear. I have received 30 letters from the 
community in support of this family. Enactment of the legislation I 
have reintroduced today will enable the Rojas family to continue to 
make significant contributions to their community as well as the United 
States.
  Mr. President, I ask my colleagues to support this private bill. I 
ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 130

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page 143]]



     SECTION 1. PERMANENT RESIDENT STATUS FOR JORGE ROJAS 
                   GUTIERREZ, OLIVA GONZALEZ GONZALEZ, AND JORGE 
                   ROJAS GONZALEZ.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Jorge Rojas Gutierrez, Oliva Gonzalez Gonzalez, and 
     Jorge Rojas Gonzalez shall each be eligible for the issuance 
     of an immigrant visa or for adjustment of status to that of 
     an alien lawfully admitted for permanent residence upon 
     filing an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Jorge Rojas Gutierrez, Oliva 
     Gonzalez Gonzalez, or Jorge Rojas Gonzalez enters the United 
     States before the filing deadline specified in subsection 
     (c), Jorge Rojas Gutierrez, Oliva Gonzalez Gonzalez, or Jorge 
     Rojas Gonzalez, as appropriate, shall be considered to have 
     entered and remained lawfully in the United States and shall 
     be eligible for adjustment of status under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255) as of the 
     date of the enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for the issuance of an immigrant visa or the application for 
     adjustment of status is filed with appropriate fees not later 
     than 2 years after the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon granting an 
     immigrant visa or permanent residence to Jorge Rojas 
     Gutierrez, Oliva Gonzalez Gonzalez, and Jorge Rojas Gonzalez, 
     the Secretary of State shall instruct the proper officer to 
     reduce by 3, during the current or subsequent fiscal year, 
     the total number of immigrant visas that are made available 
     to natives of the country of birth of Jorge Rojas Gutierrez, 
     Oliva Gonzalez Gonzalez, and Jorge Rojas Gonzalez under 
     section 203(a) of the Immigration and Nationality Act (8 
     U.S.C. 1153(a)) or, if applicable, the total number of 
     immigrant visas that are made available to natives of the 
     country of birth of Jorge Rojas Gutierrez, Oliva Gonzalez 
     Gonzalez, and Jorge Rojas Gonzalez under section 202(e) of 
     such Act (8 U.S.C. 1152(e)).
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 131. A bill to amend the Truth in Lending Act to provide for 
enhanced disclosure under an open end credit plan; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mrs. FEINSTEIN. Mr. President, today I am introducing the Credit Card 
Minimum Payment Notification Act.
  This bill would help American consumers by requiring banks to notify 
credit card holders of the true cost if they choose to make the minimum 
payment each month.
  Americans today own more credit cards than ever before. The average 
American has approximately four credit cards. In 2007, 1 in 7 Americans 
held more than 10 cards.
  Unsurprisingly, this increase in credit card ownership has resulted 
in a dramatic increase in credit card debt.
  Over the past 2 decades, Americans' combined credit card debt has 
nearly tripled--from $238 billion in 1989 to a staggering $971 billion 
in 2008.
  Today, the average American household has approximately $10,678 in 
credit card debt, up 29 percent from 2000.
  Among credit card users, 55 percent carry a balance on their credit 
card, a 2 percent increase from last year.
  Approximately 1 in 6 families with credit cards pays only the minimum 
due every month.
  Young Americans are using credit cards to finance everything from 
daily expenses to college tuition. Forty-one percent of college 
students have a credit card, and, of those, only 65 percent pay their 
bills in full every month.
  Over the past year, as economic conditions have worsened, it has 
become even harder for families to pay off their debt. Whether it is a 
mortgage, or tuition, or medical expenses, people are finding it harder 
than ever to meet all of their expenses.
  In July of this year, 28 percent of people surveyed reported that 
their ability to pay off their credit card balances has become more 
strained.
  This increasing debt is contributing to more and more Americans 
filing for bankruptcy.
  Ever since the Bankruptcy Reform Act was enacted in 2005, non-
business bankruptcies have been increasing at a rapid pace. The numbers 
this year already show a staggering hike. Between September 2007 and 
September 2008, Americans filed over one million non-business 
bankruptcies, up 30 percent from the previous year.
  Many of these personal bankruptcies are people who are turning to 
credit cards to finance their expenses. Today's filers have even more 
credit card debt than usual--sometimes because they have been 
struggling to pay a mortgage and have started using credit cards for 
daily expenses.
  One family, the Forsyths, found themselves in financial trouble after 
moving to a new State for a better job opportunity. Unable to sell 
their old house, they rented. But when the renter stopped making 
payments, the family became overwhelmed with two mortgage payments. 
Credit cards helped at first--providing payment for food, utilities, 
and clothes--but the family quickly accumulated $20,000 in debt and was 
left with no alternative other than bankruptcy.
  The benefits offered by credit cards are attractive, but these cards 
also pose enormous financial risk. Dianne McLeod discovered this in a 
painful way after back-to-back medical emergencies depleted her 
finances. Although credit cards initially enabled her to maintain her 
lifestyle, before long these cards and two mortgages meant that she 
later found that she was spending more than 40 percent of her monthly 
income on interest payments, in addition to thousands of dollars 
annually in fees.
  Today, credit cardholders receive no information on the impact of 
carrying a balance with compounding interest. As a result, too often 
individuals make only the minimum payment. After a few years, they find 
that the interest on the debt is almost twice the amount of their 
original purchases--and they do not know what to do about it.
  I first introduced the Credit Card Minimum Payment Notification Act 
during the debate on the 2005 bankruptcy bill. As I said then, I 
believe the bill failed to balance responsibility and fairness. 
Consumers should not be so harshly penalized when they do not have the 
basic tools and information they need to make informed choices.
  The Credit Card Minimum Payment Notification Act would help prevent 
this problem by requiring credit card companies to add two items to 
each consumer's monthly credit card statement:
  A general notice that would read ``Making only the minimum payment 
will increase the interest you pay and the time it takes to repay your 
balance.''
  An individualized notice to credit card holders that specifies 
clearly on their bill how much time it will take to repay their debt 
and the total amount they will pay if they only make the minimum 
payments.
  For consumers with variable rate cards, the bill would also require 
companies to provide a toll-free number where cardholders can access 
credit-counseling services.
  The disclosure requirements in the bill would only apply if the 
consumer has a minimum payment that is less than 10 percent of the debt 
on the credit card. Otherwise, none of these disclosures would be 
required on their statement.
  Last year, a Gallup--Experian poll found that about 11 percent of 
credit cardholders consistently make only the minimum payment on their 
cards each month.
  Consider what this could mean for the average household.
  For example, the U.S. average credit card debt is $10,678. The 
average fixed credit card interest rate is approximately 12 percent. If 
the 2 percent minimum payment is all that is paid on its debt each 
month, it would take more than 31 years to pay off the bill and the 
total cost would be $21,052.66--and that's just the minimum assuming 
that the family didn't ever charge another dime on that bill.
  In other words, the family would need to pay $10,374.66 in interest 
just to repay $10,678 in original debt.
  For individuals or families with more than average debt, the pitfalls 
are even greater. $20,000 of credit card debt at the average 12 percent 
interest rate will take over 36 years and more than $28,261 to pay off 
if only the minimum payments are made.
  Twelve percent is relatively low, average interest rate. Interest 
rates

[[Page 144]]

around 20 percent are not uncommon on credit cards, and penalty 
interest rates can reach as high as 32 percent.
  A family that has the average debt with a 20 percent interest rate 
and makes the minimum payments will need a lifetime--over 85 years--and 
$62,158 to pay off the initial $10,678 bill. That's $51,480 just in 
interest--an amount that approaches 5 times the original debt.
  Credit cards are an important part of everyday life, and they help 
the economy operate more smoothly by giving consumers and merchants a 
reliable, convenient way to exchange funds. But the bottom line is that 
for many consumers, the two percent minimum payment is a financial 
trap.
  The Credit Card Minimum Payment Notification Act is designed to 
ensure that people are not caught in this trap through lack of 
information.
  Last month, the Federal Reserve Board approved new rules that will 
improve disclosures, but the rules do not go far enough. Under the 
rules, starting July 1, 2010, credit card companies will have to warn 
consumers about the effect of making minimum payments on the length of 
time it will take to pay off their balances. But the warnings may be 
only examples and will not show the effect on the amount that consumers 
pay over time.
  Before approving the final rules, the Federal Reserve Board 
interviewed consumers who typically carried credit card balances. Those 
consumers found disclosures most helpful when they provided specific 
information and included warnings about the amount that would have to 
be paid over time.
  The Credit Card Minimum Payment Notification Act would provide the 
straightforward disclosure that consumers find most helpful and most 
effective.
  This disclosure will ensure that consumers know exactly what it means 
for them to carry a balance and make minimum payments, so they can make 
informed decisions on credit card use and repayment.
  In addition, the burden on banks will be minimal. Calculations like 
these are purely formulaic. Credit card companies already complete 
similar calculations to determine credit risk and when they tell 
consumers what their required minimum payment is each month.
  The harsh effects of the 2005 bankruptcy bill are becoming apparent. 
During the debate over that bill, I had hoped that Congress would 
succeed in balancing the need to incentivize consumers to act 
responsibly with the promise of a fresh start for those who fell 
impossibly behind. I do not believe that that balance was reached.
  I continue to believe that consumers need a meaningful disclosure 
informing them of the effects of making minimum payments.
  Today, as Americans face increasing struggles with debt and expenses, 
the bill is needed more than ever. I urge my colleagues to support this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 131

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Credit Card Minimum Payment 
     Notification Act of 2009''.

     SEC. 2. ENHANCED DISCLOSURE UNDER AN OPEN END CREDIT PLAN.

       Section 127(b) of the Truth in Lending Act (15 U.S.C. 
     1637(b)) is amended by adding at the end the following:
       ``(13) Enhanced disclosure under an open end credit plan.--
       ``(A) In general.--A credit card issuer shall, with each 
     billing statement provided to a cardholder in a State, 
     provide the following on the front of the first page of the 
     billing statement, in type no smaller than that required for 
     any other required disclosure, but in no case in less than 8-
     point capitalized type:
       ``(i) A written statement in the following form: `Minimum 
     Payment Warning: Making only the minimum payment will 
     increase the interest you pay and the time it takes to repay 
     your balance.'.
       ``(ii)(I) A written statement providing individualized 
     information indicating the number of years and months and the 
     total cost to pay off the entire balance due on an open-end 
     credit card account, if the cardholder were to pay only the 
     minimum amount due on the open-end credit card account, based 
     upon the terms of the credit agreement.
       ``(II) For purposes of this clause only, if the open-end 
     credit card account is subject to a variable rate--

       ``(aa) the creditor may make disclosures based on the rate 
     for the entire balance as of the date of the disclosure and 
     indicate that the rate may vary; and
       ``(bb) the cardholder shall be provided with referrals or, 
     in the alternative, with the toll free telephone number of 
     the National Foundation for Credit Counseling (or any 
     successor thereto) through which the cardholder can be 
     referred to credit counseling services in, or closest to, the 
     cardholder's county of residence, which credit counseling 
     service shall be in good standing with the National 
     Foundation for Credit Counseling or accredited by the Council 
     on Accreditation for Children and Family Services (or any 
     successors thereto).

       ``(B) Definition of open-end credit card account.--In this 
     paragraph, the term `open-end credit card account' means an 
     account in which consumer credit is granted by a creditor 
     under a plan in which the creditor reasonably contemplates 
     repeated transactions, the creditor may impose a finance 
     charge from time to time on an unpaid balance, and the amount 
     of credit that may be extended to the consumer during the 
     term of the plan is generally made available to the extent 
     that any outstanding balance is repaid and up to any limit 
     set by the creditor.
       ``(C) Exemptions.--
       ``(i) Minimum payment of not less than ten percent.--This 
     paragraph shall not apply in any billing cycle in which the 
     account agreement requires a minimum payment of not less than 
     10 percent of the outstanding balance.
       ``(ii) No finance charges.--This paragraph shall not apply 
     in any billing cycle in which finance charges are not 
     imposed.''.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Hatch, Mr. Bayh, Mr. Kerry, 
        Mrs. Murray, Mr. Kyl, Mr. Specter, Mr. Schumer, and Ms. 
        Cantwell):
  S. 132. A bill to increase and enhance law enforcement resources 
committed to investigation and prosecution of violent gangs, to deter 
and punish violent gang crime, to protect law-abiding citizens and 
communities from violent criminals, to revise and enhance criminal 
penalties for violent crimes, to expand and improve gang prevention 
programs, and for other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to join Senators Hatch, 
Bayh, Kerry, Murray, Kyl, and Specter in introducing comprehensive 
anti-gang legislation--the Gang Abatement and Prevention Act of 2009.
  This bill has changed significantly since Senator Hatch and I began 
introducing gang legislation over 10 years ago. The current version of 
the bill reflects changes that have been made to comprehensively 
address the gang problem, including provisions emphasizing prevention 
and intervention programs, as well as enforcement funding.
  This bill recognizes that the root causes of gang violence need to be 
addressed--identifying successful community programs and then investing 
significant resources in schools and religious and community 
organizations to prevent young people from joining gangs in the first 
place.
  The bill constitutes a balanced approach to fighting the gang 
problem, with authorization for hundreds of millions of dollars to be 
used for proven gang prevention and intervention programs, as well as 
strong enforcement provisions.
  The rise of criminal street gangs and the effect these gangs are 
having on our Nation are two of the fundamental issues facing us today. 
This country is in the midst of an epidemic of gang violence that cuts 
across every age and every race and plagues our cities, suburbs and 
rural areas. This violence often involves teens and children as both 
victims and perpetrators.
  Almost every day, gang violence is in the news across the country, 
with gang-related killings of children and innocent bystanders almost 
too numerous to count. A person only needs to pick up a newspaper or 
watch the evening news to see how gang violence is affecting our 
communities.
  A snapshot of gang violence that occurred over a 4-day period in Los 
Angeles in March 2008 illustrates how insidious gangs have become.

[[Page 145]]

  On March 2, 2008, Jamiel Shaw, a 17-year-old high school football 
star, was shot to death just three doors from his home in Mid-City Los 
Angeles as he rushed home to make curfew. Two gang members pulled up in 
a car, asked if Jamiel was a gang member, and then shot him when he 
didn't answer. Jamiel was not in a gang and was a model student and 
athlete who was being recruited by Stanford and Rutgers to play 
collegiate football. His mother, a sergeant in the U.S. Army who was 
serving her second tour of duty in Iraq, had to return home to Los 
Angeles to bury her son.
  On March 4, 2008, 6-year-old Lavarea Elvy was shot in the head in the 
Harbor Gateway area of South Los Angeles as she sat in the family car. 
A gang member and a gang associate of a Hispanic street gang have been 
charged in this attempted murder.
  On March 6, 2008, 13-year-old Anthony Escobar was killed while 
picking lemons in a neighbor's yard in the Echo Park area of Los 
Angeles. Anthony was not a gang member, and police believe he was 
targeted by gang members who came to his neighborhood for no other 
reason than to kill someone.
  Stories like these are not limited to California. They are becoming 
commonplace across the country. Consider the following incidents of 
gang violence from across the country:
  In February 2008, Julia Steele, an 80-year-old woman from St. Louis, 
Missouri, was killed when she was caught in the crossfire of gunfire 
between rival gang members. Julia's 80-year-old friend was also injured 
when their car slammed into other vehicles after the shooting.
  Beginning in May 2008, police in Billings, Montana had to increase 
neighborhood patrols due to repeated drive-by shootings conducted by 
gang members.
  In July 2008, a 7-year-old boy was wounded while playing kickball 
near his suburban Roxbury, Massachusetts home. He was shot by an adult 
gang member from Boston, who police believe had traveled to the suburbs 
for no other reason than to shoot someone.
  In October 2008, Christopher Walker, a 16-year-old high school junior 
and member of the varsity basketball team, was shot and killed by a 
gang member near Henry Ford High School, his high school in Detroit, 
Michigan. According to media reports, Chris' death has sparked much 
anger in the community over growing gang violence in the area.
  Across the country, in rural areas, suburbs, and cities, gang 
violence is literally holding neighborhoods hostage and Congress needs 
to do something about it. Our national gang problem is immense and 
growing, and it is not going away.
  On January 18, 2007, FBI Director Mueller acknowledged that gang 
crime has become ``part of a clear national trend.'' FBI statistics 
show that there are over 30,000 criminal street gangs operating in the 
United States, with more than one million gang members.
  According to the FBI, gangs have an impact on at least 2,500 
communities across the Nation. These criminal street gangs engage in 
drug trafficking, robbery, extortion, gun trafficking, and murder. They 
recruit children and teens, destroy neighborhoods, cripple families, 
and kill innocent people.
  In California, the State Attorney General has estimated that there 
are 171,000 juveniles and adults committed to criminal street gangs and 
their way of life. That's greater than the population of 28 California 
counties.
  From 1992 to 2003, there were more than 7,500 gang-related homicides 
reported in California. In 2007, 469 of the 2,258 homicides in 
California were gang-related.
  Los Angeles Police Department Chief Bill Bratton put it bluntly: 
``There is nothing more insidious than these gangs. They are worse than 
the Mafia. Show me a year in New York where the Mafia indiscriminately 
killed 300 people. You can't.''
  It's not just a California problem or an issue limited to big cities. 
In Chicago, the FBI estimates that there are over 60,000 gang members. 
A 2008 DOJ Report notes the rapid spread of gangs and violence to 
suburban areas. FBI Director Mueller recently recognized the national 
scope of the gang problem when he said: ``Gangs are no longer limited 
to Los Angeles. Like a cancer, gangs are spreading to communities 
across America.''
  Our cities and States need our help--a long-term commitment to combat 
gang violence and a Federal helping hand to get our youth out of gangs 
and keep them from joining gangs in the first place.
  Senator Hatch and I have now been introducing comprehensive Federal 
gang legislation for over a decade. Our gang bills have been modified 
and refined over the years, most recently in the bill that passed in 
the Senate in the 110th Congress by unanimous consent.
  The bill that we introduce today is a balanced and measured approach 
to dealing with the gang problem. It has no death penalty provisions, 
no mandatory minimums, and we have eliminated juvenile justice changes 
that previously proved to be an impediment to the larger bill's 
passage.
  The bill that we offer today provides a Federal helping hand to fight 
the gang problem. It provides a comprehensive solution to gang 
violence, combining enforcement, prevention, and intervention efforts 
in a collaborative approach that has proven effective in models like 
Operation Ceasefire.
  The bill recognizes that the Federal Government can do more to fight 
gangs and that more tools must be made available to Federal law 
enforcement agents and prosecutors to stop the epidemic of gang 
violence. To this end, the bill establishes new, common sense Federal 
gang crimes and tougher Federal penalties.
  Existing Federal street gang laws are frankly weak, and are almost 
never used. Currently, a person committing a gang crime might have 
extra time tacked on to the end of their Federal sentence. That is 
because Federal law currently focuses on gang violence only as a 
sentencing enhancement, rather than as a crime unto itself.
  The bill that I offer today would make it a separate Federal crime 
for any criminal street gang member to commit, conspire or attempt to 
commit violent crimes--including murder, kidnapping, arson, extortion--
in furtherance of the gang.
  The penalties for gang members committing such crimes would increase 
considerably.
  For gang-related murder, kidnapping, aggravated sexual abuse or 
maiming, the penalties would range up to life imprisonment.
  For any other serious violent felony, the penalty would range up to 
30 years.
  For other crimes of violence--defined as the actual or intended use 
of physical force against the person of another--the penalty could 
bring up to 20 years in prison.
  The bill also creates a new crime for recruiting juveniles and adults 
into a criminal street gang, with a penalty of up to 10 years, or if 
the recruiting involved a juvenile or recruiting from prison, up to 20 
years.
  It also creates new Federal crimes for committing violent crimes in 
connection with drug trafficking, and increases existing penalties for 
violent crimes in aid of racketeering.
  Finally, the bill also makes a host of other violent crime reforms, 
including closing a loophole that allows carjackers to avoid 
convictions, increasing the penalties for those who use guns in violent 
crimes or transfer guns knowing they will be used in crimes, and 
limiting bail for violent felons who possess firearms.
  But the bill also recognizes that we cannot simply arrest our way out 
of the gang problem. It also focuses on prevention and intervention 
strategies to prevent our youth from joining street gangs and to give 
existing gang members a way out of that lifestyle.
  Specifically, the bill would authorize over $1 billion in new funds 
over the next 5 years to address the gang problem, including: $411.5 
million to fund gang prevention and intervention programs, like 
Operation Ceasefire, a proven gang prevention and intervention program 
successfully used in communities across the country; $187.5 million to 
establish High Intensity Interstate Gang Activity Areas--Federal,

[[Page 146]]

State, and local law enforcement task forces to combat gangs and 
implement prevention programs; $100 million to fund the DOJ's Project 
Safe Neighborhood Program, the Federal Government's primary anti-gang 
initiative; $50 million for the Project Safe Streets Program, the FBI's 
primary gang investigation tool; $100 million for more prosecutors, 
technology, and equipment for gang investigations; $270 million for 
State witness protection programs in gang cases.
  This balanced approach--of prevention and intervention plus common 
sense enforcement--will send a clear message to gang members: a new day 
has arrived and the Federal Government will no longer sit on the 
sidelines while gang violence engulfs the country.
  This bill will provide gang members with new opportunities, with 
schools and social services agencies empowered to make alternatives to 
gangs a realistic option. But if gang members continue to engage in 
violence, they will face new and serious Federal consequences.
  For more than 10 years now, Senator Hatch and I have been trying to 
pass Federal anti-gang legislation. There have been times when we have 
gotten close, including last session when the Senate passed this same 
bill. Unfortunately, while Congress as a whole has failed to act, 
violent street gangs have only expanded nationwide and become more 
empowered and entrenched in other States and communities.
  I believe this bill can again pass in the Senate and be enacted into 
law. The time has arrived for us to finally address this problem, and I 
believe this bill is well-suited to help solve it.
  I urge my colleagues to favorably consider this legislation in the 
111th Congress.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 132

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Gang Abatement and 
     Prevention Act of 2009''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.

 TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, 
  INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND 
                            FOREIGN COMMERCE

Sec. 101. Revision and extension of penalties related to criminal 
              street gang activity.

        TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

Sec. 201. Violent crimes in aid of racketeering activity.
Sec. 202. Murder and other violent crimes committed during and in 
              relation to a drug trafficking crime.
Sec. 203. Expansion of rebuttable presumption against release of 
              persons charged with firearms offenses.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Study of hearsay exception for forfeiture by wrongdoing.
Sec. 206. Possession of firearms by dangerous felons.
Sec. 207. Conforming amendment.
Sec. 208. Amendments relating to violent crime.
Sec. 209. Publicity campaign about new criminal penalties.
Sec. 210. Statute of limitations for terrorism offenses.
Sec. 211. Crimes committed in Indian country or exclusive Federal 
              jurisdiction as racketeering predicates.
Sec. 212. Predicate crimes for authorization of interception of wire, 
              oral, and electronic communications.
Sec. 213. Clarification of Hobbs Act.
Sec. 214. Interstate tampering with or retaliation against a witness, 
              victim, or informant in a State criminal proceeding.
Sec. 215. Amendment of sentencing guidelines.

 TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY 
 AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

Sec. 301. Designation of and assistance for high intensity gang 
              activity areas.
Sec. 302. Gang prevention grants.
Sec. 303. Enhancement of Project Safe Neighborhoods initiative to 
              improve enforcement of criminal laws against violent 
              gangs.
Sec. 304. Additional resources needed by the Federal Bureau of 
              Investigation to investigate and prosecute violent 
              criminal street gangs.
Sec. 305. Grants to prosecutors and law enforcement to combat violent 
              crime.
Sec. 306. Expansion and reauthorization of the mentoring initiative for 
              system involved youth.
Sec. 307. Demonstration grants to encourage creative approaches to gang 
              activity and after-school programs.
Sec. 308. Short-Term State Witness Protection Section.
Sec. 309. Witness protection services.
Sec. 310. Expansion of Federal witness relocation and protection 
              program.
Sec. 311. Family abduction prevention grant program.
Sec. 312. Study on adolescent development and sentences in the Federal 
              system.
Sec. 313. National youth anti-heroin media campaign.
Sec. 314. Training at the national advocacy center.

         TITLE IV--CRIME PREVENTION AND INTERVENTION STRATEGIES

Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Definitions.
Sec. 404. National Commission on Public Safety Through Crime 
              Prevention.
Sec. 405. Innovative crime prevention and intervention strategy grants.

     SEC. 3. FINDINGS.

       Congress finds that--
       (1) violent crime and drug trafficking are pervasive 
     problems at the national, State, and local level;
       (2) according to recent Federal Bureau of Investigation, 
     Uniform Crime Reports, violent crime in the United States is 
     on the rise, with a 2.3 percent increase in violent crime in 
     2005 (the largest increase in the United States in 15 years) 
     and an even larger 3.7 percent jump during the first 6 months 
     of 2006, and the Police Executive Research Forum reports 
     that, among jurisdictions providing information, homicides 
     are up 10.21 percent, robberies are up 12.27 percent, and 
     aggravated assaults with firearms are up 9.98 percent since 
     2004;
       (3) these disturbing rises in violent crime are 
     attributable in part to the spread of criminal street gangs 
     and the willingness of gang members to commit acts of 
     violence and drug trafficking offenses;
       (4) according to a recent National Drug Threat Assessment, 
     criminal street gangs are responsible for much of the retail 
     distribution of the cocaine, methamphetamine, heroin, and 
     other illegal drugs being distributed in rural and urban 
     communities throughout the United States;
       (5) gangs commit acts of violence or drug offenses for 
     numerous motives, such as membership in or loyalty to the 
     gang, for protecting gang territory, and for profit;
       (6) gang presence and intimidation, and the organized and 
     repetitive nature of the crimes that gangs and gang members 
     commit, has a pernicious effect on the free flow of 
     interstate commercial activities and directly affects the 
     freedom and security of communities plagued by gang activity, 
     diminishing the value of property, inhibiting the desire of 
     national and multinational corporations to transact business 
     in those communities, and in a variety of ways directly and 
     substantially affecting interstate and foreign commerce;
       (7) gangs often recruit and utilize minors to engage in 
     acts of violence and other serious offenses out of a belief 
     that the criminal justice systems are more lenient on 
     juvenile offenders;
       (8) gangs often intimidate and threaten witnesses to 
     prevent successful prosecutions;
       (9) gangs prey upon and incorporate minors into their 
     ranks, exploiting the fact that adolescents have immature 
     decision-making capacity, therefore, gang activity and 
     recruitment can be reduced and deterred through increased 
     vigilance, appropriate criminal penalties, partnerships 
     between Federal and State and local law enforcement, and 
     proactive prevention and intervention efforts, particularly 
     targeted at juveniles and young adults, prior to and even 
     during gang involvement;
       (10) State and local prosecutors and law enforcement 
     officers, in hearings before the Committee on the Judiciary 
     of the Senate and elsewhere, have enlisted the help of 
     Congress in the prevention, investigation, and prosecution of 
     gang crimes and in the protection of witnesses and victims of 
     gang crimes; and
       (11) because State and local prosecutors and law 
     enforcement have the expertise, experience, and connection to 
     the community that is needed to assist in combating gang

[[Page 147]]

     violence, consultation and coordination between Federal, 
     State, and local law enforcement and collaboration with other 
     community agencies is critical to the successful prosecutions 
     of criminal street gangs and reduction of gang problems.

 TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, 
  INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND 
                            FOREIGN COMMERCE

     SEC. 101. REVISION AND EXTENSION OF PENALTIES RELATED TO 
                   CRIMINAL STREET GANG ACTIVITY.

       (a) In General.--Chapter 26 of title 18, United States 
     Code, is amended to read as follows:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521. Definitions.
``522. Criminal street gang prosecutions.
``523. Recruitment of persons to participate in a criminal street gang.
``524. Violent crimes in furtherance of criminal street gangs.
``525. Forfeiture.

     ``SEC. 521. DEFINITIONS.

       ``In this chapter:
       ``(1) Criminal street gang.--The term `criminal street 
     gang' means a formal or informal group, organization, or 
     association of 5 or more individuals--
       ``(A) each of whom has committed at least 1 gang crime; and
       ``(B) who collectively commit 3 or more gang crimes (not 
     less than 1 of which is a serious violent felony), in 
     separate criminal episodes (not less than 1 of which occurs 
     after the date of enactment of the Gang Abatement and 
     Prevention Act of 2009, and the last of which occurs not 
     later than 5 years after the commission of a prior gang crime 
     (excluding any time of imprisonment for that individual)).
       ``(2) Gang crime.--The term `gang crime' means an offense 
     under Federal law punishable by imprisonment for more than 1 
     year, or a felony offense under State law that is punishable 
     by a term of imprisonment of 5 years or more in any of the 
     following categories:
       ``(A) A crime that has as an element the use, attempted 
     use, or threatened use of physical force against the person 
     of another, or is burglary, arson, kidnapping, or extortion.
       ``(B) A crime involving obstruction of justice, or 
     tampering with or retaliating against a witness, victim, or 
     informant.
       ``(C) A crime involving the manufacturing, importing, 
     distributing, possessing with intent to distribute, or 
     otherwise trafficking in a controlled substance or listed 
     chemical (as those terms are defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)).
       ``(D) Any conduct punishable under--
       ``(i) section 844 (relating to explosive materials);
       ``(ii) subsection (a)(1), (d), (g)(1) (where the underlying 
     conviction is a violent felony or a serious drug offense (as 
     those terms are defined in section 924(e)), (g)(2), (g)(3), 
     (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), (g)(11), (i), (j), 
     (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating 
     to unlawful acts);
       ``(iii) subsection (b), (c), (g), (h), (k), (l), (m), or 
     (n) of section 924 (relating to penalties);
       ``(iv) section 930 (relating to possession of firearms and 
     dangerous weapons in Federal facilities);
       ``(v) section 931 (relating to purchase, ownership, or 
     possession of body armor by violent felons);
       ``(vi) sections 1028 and 1029 (relating to fraud, identity 
     theft, and related activity in connection with identification 
     documents or access devices);
       ``(vii) section 1084 (relating to transmission of wagering 
     information);
       ``(viii) section 1952 (relating to interstate and foreign 
     travel or transportation in aid of racketeering enterprises);
       ``(ix) section 1956 (relating to the laundering of monetary 
     instruments);
       ``(x) section 1957 (relating to engaging in monetary 
     transactions in property derived from specified unlawful 
     activity); or
       ``(xi) sections 2312 through 2315 (relating to interstate 
     transportation of stolen motor vehicles or stolen property).
       ``(E) Any conduct punishable under section 274 (relating to 
     bringing in and harboring certain aliens), section 277 
     (relating to aiding or assisting certain aliens to enter the 
     United States), or section 278 (relating to importation of 
     aliens for immoral purposes) of the Immigration and 
     Nationality Act (8 U.S.C. 1324, 1327, and 1328).
       ``(F) Any crime involving aggravated sexual abuse, sexual 
     assault, pimping or pandering involving prostitution, sexual 
     exploitation of children (including sections 2251, 2251A, 
     2252 and 2260), peonage, slavery, or trafficking in persons 
     (including sections 1581 through 1592) and sections 2421 
     through 2427 (relating to transport for illegal sexual 
     activity).
       ``(3) Minor.--The term `minor' means an individual who is 
     less than 18 years of age.
       ``(4) Serious violent felony.--The term `serious violent 
     felony' has the meaning given that term in section 3559.
       ``(5) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     any commonwealth, territory, or possession of the United 
     States.

     ``SEC. 522. CRIMINAL STREET GANG PROSECUTIONS.

       ``(a) Street Gang Crime.--It shall be unlawful for any 
     person to knowingly commit, or conspire, threaten, or attempt 
     to commit, a gang crime for the purpose of furthering the 
     activities of a criminal street gang, or gaining entrance to 
     or maintaining or increasing position in a criminal street 
     gang, if the activities of that criminal street gang occur in 
     or affect interstate or foreign commerce.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under this title and--
       ``(1) for murder, kidnapping, conduct that would violate 
     section 2241 if the conduct occurred in the special maritime 
     and territorial jurisdiction of the United States, or 
     maiming, imprisonment for any term of years or for life;
       ``(2) for any other serious violent felony, by imprisonment 
     for not more than 30 years;
       ``(3) for any crime of violence that is not a serious 
     violent felony, by imprisonment for not more than 20 years; 
     and
       ``(4) for any other offense, by imprisonment for not more 
     than 10 years.

     ``SEC. 523. RECRUITMENT OF PERSONS TO PARTICIPATE IN A 
                   CRIMINAL STREET GANG.

       ``(a) Prohibited Acts.--It shall be unlawful to knowingly 
     recruit, employ, solicit, induce, command, coerce, or cause 
     another person to be or remain as a member of a criminal 
     street gang, or attempt or conspire to do so, with the intent 
     to cause that person to participate in a gang crime, if the 
     defendant travels in interstate or foreign commerce in the 
     course of the offense, or if the activities of that criminal 
     street gang are in or affect interstate or foreign commerce.
       ``(b) Penalties.--Whoever violates subsection (a) shall--
       ``(1) if the person recruited, employed, solicited, 
     induced, commanded, coerced, or caused to participate or 
     remain in a criminal street gang is a minor--
       ``(A) be fined under this title, imprisoned not more than 
     10 years, or both; and
       ``(B) at the discretion of the sentencing judge, be liable 
     for any costs incurred by the Federal Government, or by any 
     State or local government, for housing, maintaining, and 
     treating the minor until the person attains the age of 18 
     years;
       ``(2) if the person who recruits, employs, solicits, 
     induces, commands, coerces, or causes the participation or 
     remaining in a criminal street gang is incarcerated at the 
     time the offense takes place, be fined under this title, 
     imprisoned not more than 10 years, or both; and
       ``(3) in any other case, be fined under this title, 
     imprisoned not more than 5 years, or both.
       ``(c) Consecutive Nature of Penalties.--Any term of 
     imprisonment imposed under subsection (b)(2) shall be 
     consecutive to any term imposed for any other offense.

     ``SEC. 524. VIOLENT CRIMES IN FURTHERANCE OF CRIMINAL STREET 
                   GANGS.

       ``(a) In General.--It shall be unlawful for any person, for 
     the purpose of gaining entrance to or maintaining or 
     increasing position in, or in furtherance of, or in 
     association with, a criminal street gang, or as consideration 
     for anything of pecuniary value to or from a criminal street 
     gang, to knowingly commit or threaten to commit against any 
     individual a crime of violence that is an offense under 
     Federal law punishable by imprisonment for more than 1 year 
     or a felony offense under State law that is punishable by a 
     term of imprisonment of 5 years or more, or attempt or 
     conspire to do so, if the activities of the criminal street 
     gang occur in or affect interstate or foreign commerce.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be punished by a fine under this title and--
       ``(1) for murder, kidnapping, conduct that would violate 
     section 2241 if the conduct occurred in the special maritime 
     and territorial jurisdiction of the United States, or 
     maiming, by imprisonment for any term of years or for life;
       ``(2) for a serious violent felony other than one described 
     in paragraph (1), by imprisonment for not more than 30 years; 
     and
       ``(3) in any other case, by imprisonment for not more than 
     20 years.

     ``SEC. 525. FORFEITURE.

       ``(a) Criminal Forfeiture.--A person who is convicted of a 
     violation of this chapter shall forfeit to the United 
     States--
       ``(1) any property used, or intended to be used, in any 
     manner or part, to commit, or to facilitate the commission 
     of, the violation; and
       ``(2) any property constituting, or derived from, any 
     proceeds obtained, directly or indirectly, as a result of the 
     violation.
       ``(b) Procedures Applicable.--Pursuant to section 2461(c) 
     of title 28, the provisions of section 413 of the Controlled 
     Substances Act (21 U.S.C. 853), except subsections (a) and 
     (d) of that section, shall apply to the criminal forfeiture 
     of property under this section.''.
       (b) Amendment Relating to Priority of Forfeiture Over 
     Orders for Restitution.--Section 3663(c)(4) of title 18, 
     United States Code, is amended by striking ``chapter 46 or'' 
     and inserting ``chapter 26, chapter 46, or''.

[[Page 148]]

       (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting ``, section 522 
     (relating to criminal street gang prosecutions), 523 
     (relating to recruitment of persons to participate in a 
     criminal street gang), and 524 (relating to violent crimes in 
     furtherance of criminal street gangs)'' before ``, section 
     541''.
       (d) Amendment of Special Sentencing Provision Prohibiting 
     Prisoner Communications.--Section 3582(d) of title 18, United 
     States Code, is amended--
       (1) by inserting ``chapter 26 (criminal street gangs),'' 
     before ``chapter 95''; and
       (2) by inserting ``a criminal street gang or'' before ``an 
     illegal enterprise''.

        TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

     SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.

       Section 1959(a) of title 18, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1)--
       (A) by inserting ``or in furtherance or in aid of an 
     enterprise engaged in racketeering activity,'' before 
     ``murders,''; and
       (B) by inserting ``engages in conduct that would violate 
     section 2241 if the conduct occurred in the special maritime 
     and territorial jurisdiction of the United States,'' before 
     ``maims,'';
       (2) in paragraph (1), by inserting ``conduct that would 
     violate section 2241 if the conduct occurred in the special 
     maritime and territorial jurisdiction of the United States, 
     or maiming,'' after ``kidnapping,'';
       (3) in paragraph (2), by striking ``maiming'' and inserting 
     ``assault resulting in serious bodily injury'';
       (4) in paragraph (3), by striking ``or assault resulting in 
     serious bodily injury'';
       (5) in paragraph (4)--
       (A) by striking ``five years'' and inserting ``10 years''; 
     and
       (B) by adding ``and'' at the end; and
       (6) by striking paragraphs (5) and (6) and inserting the 
     following:
       ``(5) for attempting or conspiring to commit any offense 
     under this section, by the same penalties (other than the 
     death penalty) as those prescribed for the offense, the 
     commission of which was the object of the attempt or 
     conspiracy.''.

     SEC. 202. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING 
                   AND IN RELATION TO A DRUG TRAFFICKING CRIME.

       (a) In General.--Part D of the Controlled Substances Act 
     (21 U.S.C. 841 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING 
                   AND IN RELATION TO A DRUG TRAFFICKING CRIME.

       ``(a) In General.--Whoever, during and in relation to any 
     drug trafficking crime, knowingly commits any crime of 
     violence against any individual that is an offense under 
     Federal law punishable by imprisonment for more than 1 year 
     or a felony offense under State law that is punishable by a 
     term of imprisonment of 5 years or more, or threatens, 
     attempts or conspires to do so, shall be punished by a fine 
     under title 18, United States Code, and--
       ``(1) for murder, kidnapping, conduct that would violate 
     section 2241 if the conduct occurred in the special maritime 
     and territorial jurisdiction of the United States, or 
     maiming, by imprisonment for any term of years or for life;
       ``(2) for a serious violent felony (as defined in section 
     3559 of title 18, United States Code) other than one 
     described in paragraph (1) by imprisonment for not more than 
     30 years;
       ``(3) for a crime of violence that is not a serious violent 
     felony, by imprisonment for not more than 20 years; and
       ``(4) in any other case by imprisonment for not more than 
     10 years.
       ``(b) Venue.--A prosecution for a violation of this section 
     may be brought in--
       ``(1) the judicial district in which the murder or other 
     crime of violence occurred; or
       ``(2) any judicial district in which the drug trafficking 
     crime may be prosecuted.
       ``(c) Definitions.--In this section--
       ``(1) the term `crime of violence' has the meaning given 
     that term in section 16 of title 18, United States Code; and
       ``(2) the term `drug trafficking crime' has the meaning 
     given that term in section 924(c)(2) of title 18, United 
     States Code.''.
       (b) Clerical Amendment.--The table of contents for the 
     Comprehensive Drug Abuse Prevention and Control Act of 1970 
     (Public Law 91-513; 84 Stat. 1236) is amended by inserting 
     after the item relating to section 423, the following:

``Sec. 424. Murder and other violent crimes committed during and in 
              relation to a drug trafficking crime.''.

     SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE 
                   OF PERSONS CHARGED WITH FIREARMS OFFENSES.

       Section 3142(e) of title 18, United States Code, is amended 
     in the matter following paragraph (3), by inserting after 
     ``that the person committed'' the following: ``an offense 
     under subsection (g)(1) (where the underlying conviction is a 
     drug trafficking crime or crime of violence (as those terms 
     are defined in section 924(c))), (g)(2), (g)(3), (g)(4), 
     (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 
     922,''.

     SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3299A. Violent crime offenses

       ``No person shall be prosecuted, tried, or punished for any 
     noncapital felony crime of violence, including any 
     racketeering activity or gang crime which involves any crime 
     of violence, unless the indictment is found or the 
     information is instituted not later than 10 years after the 
     date on which the alleged violation occurred or the 
     continuing offense was completed.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 213 of title 18, United States Code, is 
     amended by adding at the end the following:

``3299A. Violent crime offenses.''.

     SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY 
                   WRONGDOING.

       The Judicial Conference of the United States shall study 
     the necessity and desirability of amending section 804(b) of 
     the Federal Rules of Evidence to permit the introduction of 
     statements against a party by a witness who has been made 
     unavailable where it is reasonably foreseeable by that party 
     that wrongdoing would make the declarant unavailable.

     SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

       (a) In General.--Section 924(e) of title 18, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) In the case of a person who violates section 922(g) 
     of this title and has previously been convicted by any court 
     referred to in section 922(g)(1) of a violent felony or a 
     serious drug offense shall--
       ``(A) in the case of 1 such prior conviction, where a 
     period of not more than 10 years has elapsed since the later 
     of the date of conviction and the date of release of the 
     person from imprisonment for that conviction, be imprisoned 
     for not more than 15 years, fined under this title, or both;
       ``(B) in the case of 2 such prior convictions, committed on 
     occasions different from one another, and where a period of 
     not more than 10 years has elapsed since the later of the 
     date of conviction and the date of release of the person from 
     imprisonment for the most recent such conviction, be 
     imprisoned for not more than 20 years, fined under this 
     title, or both; and
       ``(C) in the case of 3 such prior convictions, committed on 
     occasions different from one another, and where a period of 
     not more than 10 years has elapsed since the later of date of 
     conviction and the date of release of the person from 
     imprisonment for the most recent such conviction, be 
     imprisoned for any term of years not less than 15 years or 
     for life and fined under this title, and notwithstanding any 
     other provision of law, the court shall not suspend the 
     sentence of, or grant a probationary sentence to, such person 
     with respect to the conviction under section 922(g).''.
       (b) Amendment to Sentencing Guidelines.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, the United States Sentencing Commission shall amend the 
     Federal Sentencing Guidelines to provide for an appropriate 
     increase in the offense level for violations of section 
     922(g) of title 18, United States Code, in accordance with 
     section 924(e) of that title 18, as amended by subsection 
     (a).

     SEC. 207. CONFORMING AMENDMENT.

       The matter preceding paragraph (1) in section 922(d) of 
     title 18, United States Code, is amended by inserting ``, 
     transfer,'' after ``sell''.

     SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME.

       (a) Carjacking.--Section 2119 of title 18, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1), by striking ``, 
     with the intent'' and all that follows through ``to do so, 
     shall'' and inserting ``knowingly takes a motor vehicle that 
     has been transported, shipped, or received in interstate or 
     foreign commerce from the person of another by force and 
     violence or by intimidation, causing a reasonable 
     apprehension of fear of death or serious bodily injury in an 
     individual, or attempts or conspires to do so, shall'';
       (2) in paragraph (1), by striking ``15 years'' and 
     inserting ``20 years'';
       (3) in paragraph (2), by striking ``or imprisoned not more 
     than 25 years, or both'' and inserting ``and imprisoned for 
     any term of years or for life''; and
       (4) in paragraph (3), by inserting ``the person takes or 
     attempts to take the motor vehicle in violation of this 
     section with intent to cause death or cause serious bodily 
     injury, and'' before ``death results''.
       (b) Clarification and Strengthening of Prohibition on 
     Illegal Gun Transfers to Commit Drug Trafficking Crime or 
     Crime of Violence.--Section 924(h) of title 18, United States 
     Code, is amended to read as follows:
       ``(h) Whoever knowingly transfers a firearm that has moved 
     in or that otherwise affects interstate or foreign commerce, 
     knowing that the firearm will be used to commit,

[[Page 149]]

     or possessed in furtherance of, a crime of violence (as 
     defined in subsection (c)(3)) or drug trafficking crime (as 
     defined in subsection (c)(2)) shall be fined under this title 
     and imprisoned not more than 20 years.''.
       (c) Amendment of Special Sentencing Provision Relating to 
     Limitations on Criminal Association.--Section 3582(d) of 
     title 18, United States Code, is amended--
       (1) by inserting ``chapter 26 of this title (criminal 
     street gang prosecutions) or in'' after ``felony set forth 
     in''; and
       (2) by inserting ``a criminal street gang or'' before ``an 
     illegal enterprise''.
       (d) Conspiracy Penalty.--Section 371 of title 18, United 
     States Code, is amended by striking ``five years, or both.'' 
     and inserting ``10 years (unless the maximum penalty for the 
     crime that served as the object of the conspiracy has a 
     maximum penalty of imprisonment of less than 10 years, in 
     which case the maximum penalty under this section shall be 
     the penalty for such crime), or both. This paragraph does not 
     supersede any other penalty specifically set forth for a 
     conspiracy offense.''.

     SEC. 209. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.

       The Attorney General is authorized to conduct media 
     campaigns in any area designated as a high intensity gang 
     activity area under section 301 and any area with existing 
     and emerging problems with gangs, as needed, to educate 
     individuals in that area about the changes in criminal 
     penalties made by this Act, and shall report to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives the amount of 
     expenditures and all other aspects of the media campaign.

     SEC. 210. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.

       Section 3286(a) of title 18, United States Code, is 
     amended--
       (1) in the subsection heading, by striking ``Eight-Year'' 
     and inserting ``Ten-Year''; and
       (2) in the first sentence, by striking ``8 years'' and 
     inserting ``10 years''.

     SEC. 211. CRIMES COMMITTED IN INDIAN COUNTRY OR EXCLUSIVE 
                   FEDERAL JURISDICTION AS RACKETEERING 
                   PREDICATES.

       Section 1961(1)(A) of title 18, United States Code, is 
     amended by inserting ``, or would have been so chargeable if 
     the act or threat (other than gambling) had not been 
     committed in Indian country (as defined in section 1151) or 
     in any other area of exclusive Federal jurisdiction,'' after 
     ``chargeable under State law''.

     SEC. 212. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION 
                   OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.

       Section 2516(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' and the end of paragraph (r);
       (2) by redesignating paragraph (s) as paragraph (u); and
       (3) by inserting after paragraph (r) the following:
       ``(s) any violation of section 424 of the Controlled 
     Substances Act (relating to murder and other violent crimes 
     in furtherance of a drug trafficking crime);
       ``(t) any violation of section 522, 523, or 524 (relating 
     to criminal street gangs); or''.

     SEC. 213. CLARIFICATION OF HOBBS ACT.

       Section 1951(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``including the unlawful 
     impersonation of a law enforcement officer (as that term is 
     defined in section 245(c) of this title),'' after ``by means 
     of actual or threatened force,''; and
       (2) in paragraph (2), by inserting ``including the unlawful 
     impersonation of a law enforcement officer (as that term is 
     defined in section 245(c) of this title),'' after ``by 
     wrongful use of actual or threatened force,''.

     SEC. 214. INTERSTATE TAMPERING WITH OR RETALIATION AGAINST A 
                   WITNESS, VICTIM, OR INFORMANT IN A STATE 
                   CRIMINAL PROCEEDING.

       (a) In General.--Chapter 73 of title 18, United States 
     Code, is amended by inserting after section 1513 the 
     following:

     ``Sec. 1513A. Interstate tampering with or retaliation 
       against a witness, victim, or informant in a state criminal 
       proceeding

       ``(a) In General.--It shall be unlawful for any person--
       ``(1) to travel in interstate or foreign commerce, or to 
     use the mail or any facility in interstate or foreign 
     commerce, or to employ, use, command, counsel, persuade, 
     induce, entice, or coerce any individual to do the same, with 
     the intent to--
       ``(A) use or threaten to use any physical force against any 
     witness, informant, victim, or other participant in a State 
     criminal proceeding in an effort to influence or prevent 
     participation in such proceeding, or to retaliate against 
     such individual for participating in such proceeding; or
       ``(B) threaten, influence, or prevent from testifying any 
     actual or prospective witness in a State criminal proceeding; 
     or
       ``(2) to attempt or conspire to commit an offense under 
     subparagraph (A) or (B) of paragraph (1).
       ``(b) Penalties.--
       ``(1) Use of force.--Any person who violates subsection 
     (a)(1)(A) by use of force--
       ``(A) shall be fined under this title, imprisoned not more 
     than 20 years, or both; and
       ``(B) if death, kidnapping, or serious bodily injury 
     results, shall be fined under this title, imprisoned for any 
     term of years or for life, or both.
       ``(2) Other violations.--Any person who violates subsection 
     (a)(1)(A) by threatened use of force or violates paragraph 
     (1)(B) or (2) of subsection (a) shall be fined under this 
     title, imprisoned not more than 10 years, or both.
       ``(c) Venue.--A prosecution under this section may be 
     brought in the district in which the official proceeding 
     (whether or not pending, about to be instituted or was 
     completed) was intended to be affected or was completed, or 
     in which the conduct constituting the alleged offense 
     occurred.''.
       (b) Conforming Amendment.--Section 1512 is amended, in the 
     section heading, by adding at the end the following: ``in a 
     Federal proceeding''.
       (c) Chapter Analysis.--The table of sections for chapter 73 
     of title 18, United States Code, is amended--
       (1) by striking the item relating to section 1512 and 
     inserting the following:

``1512. Tampering with a witness, victim, or an informant in a Federal 
              proceeding.'';
       and
       (2) by inserting after the item relating to section 1513 
     the following:

``1513A. Interstate tampering with or retaliation against a witness, 
              victim, or informant in a State criminal proceeding.''.

     SEC. 215. AMENDMENT OF SENTENCING GUIDELINES.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission shall 
     review and, if appropriate, amend its guidelines and policy 
     statements to conform with this title and the amendments made 
     by this title.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) establish new guidelines and policy statements, as 
     warranted, in order to implement new or revised criminal 
     offenses under this title and the amendments made by this 
     title;
       (2) consider the extent to which the guidelines and policy 
     statements adequately address--
       (A) whether the guidelines offense levels and 
     enhancements--
       (i) are sufficient to deter and punish such offenses; and
       (ii) are adequate in view of the statutory increases in 
     penalties contained in this title and the amendments made by 
     this title; and
       (B) whether any existing or new specific offense 
     characteristics should be added to reflect congressional 
     intent to increase penalties for the offenses set forth in 
     this title and the amendments made by this title;
       (3) ensure that specific offense characteristics are added 
     to increase the guideline range--
       (A) by at least 2 offense levels, if a criminal defendant 
     committing a gang crime or gang recruiting offense was an 
     alien who was present in the United States in violation of 
     section 275 or 276 of the Immigration and Nationality Act (8 
     U.S.C. 1325 and 1326) at the time the offense was committed; 
     and
       (B) by at least 4 offense levels, if such defendant had 
     also previously been ordered removed or deported under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on 
     the grounds of having committed a crime;
       (4) determine under what circumstances a sentence of 
     imprisonment imposed under this title or the amendments made 
     by this title shall run consecutively to any other sentence 
     of imprisonment imposed for any other crime, except that the 
     Commission shall ensure that a sentence of imprisonment 
     imposed under section 424 of the Controlled Substances Act 
     (21 U.S.C. 841 et seq.), as added by this Act, shall run 
     consecutively, to an extent that the Sentencing Commission 
     determines appropriate, to the sentence imposed for the 
     underlying drug trafficking offense;
       (5) account for any aggravating or mitigating circumstances 
     that might justify exceptions to the generally applicable 
     sentencing ranges;
       (6) ensure reasonable consistency with other relevant 
     directives, other sentencing guidelines, and statutes;
       (7) make any necessary and conforming changes to the 
     sentencing guidelines and policy statements; and
       (8) ensure that the guidelines adequately meet the purposes 
     of sentencing set forth in section 3553(a)(2) of title 18, 
     United States Code.

 TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY 
 AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

     SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY 
                   GANG ACTIVITY AREAS.

       (a) Definitions.--In this section:
       (1) Governor.--The term ``Governor'' means a Governor of a 
     State, the Mayor of the District of Columbia, the tribal 
     leader of

[[Page 150]]

     an Indian tribe, or the chief executive of a Commonwealth, 
     territory, or possession of the United States.
       (2) High intensity gang activity area.--The term ``high 
     intensity gang activity area'' or ``HIGAA'' means an area 
     within 1 or more States or Indian country that is designated 
     as a high intensity gang activity area under subsection 
     (b)(1).
       (3) Indian country.--The term ``Indian country'' has the 
     meaning given the term in section 1151 of title 18, United 
     States Code.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (5) State.--The term ``State'' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       (6) Tribal leader.--The term ``tribal leader'' means the 
     chief executive officer representing the governing body of an 
     Indian tribe.
       (b) High Intensity Gang Activity Areas.--
       (1) Designation.--The Attorney General, after consultation 
     with the Governors of appropriate States, may designate as 
     high intensity gang activity areas, specific areas that are 
     located within 1 or more States, which may consist of 1 or 
     more municipalities, counties, or other jurisdictions as 
     appropriate.
       (2) Assistance.--In order to provide Federal assistance to 
     high intensity gang activity areas, the Attorney General 
     shall--
       (A) establish local collaborative working groups, which 
     shall include--
       (i) criminal street gang enforcement teams, consisting of 
     Federal, State, tribal, and local law enforcement 
     authorities, for the coordinated investigation, disruption, 
     apprehension, and prosecution of criminal street gangs and 
     offenders in each high intensity gang activity area;
       (ii) educational, community, and faith leaders in the area;
       (iii) service providers in the community, including those 
     experienced at reaching youth and adults who have been 
     involved in violence and violent gangs or groups, to provide 
     gang-involved or seriously at-risk youth with positive 
     alternatives to gangs and other violent groups and to address 
     the needs of those who leave gangs and other violent groups, 
     and those reentering society from prison; and
       (iv) evaluation teams to research and collect information, 
     assess data, recommend adjustments, and generally assure the 
     accountability and effectiveness of program implementation;
       (B) direct the reassignment or detailing from any Federal 
     department or agency (subject to the approval of the head of 
     that department or agency, in the case of a department or 
     agency other than the Department of Justice) of personnel to 
     each criminal street gang enforcement team;
       (C) direct the reassignment or detailing of representatives 
     from--
       (i) the Department of Justice;
       (ii) the Department of Education;
       (iii) the Department of Labor;
       (iv) the Department of Health and Human Services;
       (v) the Department of Housing and Urban Development; and
       (vi) any other Federal department or agency (subject to the 
     approval of the head of that department or agency, in the 
     case of a department or agency other than the Department of 
     Justice) to each high intensity gang activity area to 
     identify and coordinate efforts to access Federal programs 
     and resources available to provide gang prevention, 
     intervention, and reentry assistance;
       (D) prioritize and administer the Federal program and 
     resource requests made by the local collaborative working 
     group established under subparagraph (A) for each high 
     intensity gang activity area;
       (E) provide all necessary funding for the operation of each 
     local collaborative working group in each high intensity gang 
     activity area; and
       (F) provide all necessary funding for national and regional 
     meetings of local collaborative working groups, criminal 
     street gang enforcement teams, and educational, community, 
     social service, faith-based, and all other related 
     organizations, as needed, to ensure effective operation of 
     such teams through the sharing of intelligence and best 
     practices and for any other related purpose.
       (3) Composition of criminal street gang enforcement team.--
     Each team established under paragraph (2)(A)(i) shall consist 
     of agents and officers, where feasible, from--
       (A) the Federal Bureau of Investigation;
       (B) the Drug Enforcement Administration;
       (C) the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives;
       (D) the United States Marshals Service;
       (E) the Department of Homeland Security;
       (F) the Department of Housing and Urban Development;
       (G) State, local, and, where appropriate, tribal law 
     enforcement;
       (H) Federal, State, and local prosecutors; and
       (I) the Bureau of Indian Affairs, Office of Law Enforcement 
     Services, where appropriate.
       (4) Criteria for designation.--In considering an area for 
     designation as a high intensity gang activity area under this 
     section, the Attorney General shall consider--
       (A) the current and predicted levels of gang crime activity 
     in the area;
       (B) the extent to which qualitative and quantitative data 
     indicate that violent crime in the area is related to 
     criminal street gang activity, such as murder, robbery, 
     assaults, carjacking, arson, kidnapping, extortion, drug 
     trafficking, and other criminal activity;
       (C) the extent to which State, local, and, where 
     appropriate, tribal law enforcement agencies, schools, 
     community groups, social service agencies, job agencies, 
     faith-based organizations, and other organizations have 
     committed resources to--
       (i) respond to the gang crime problem; and
       (ii) participate in a gang enforcement team;
       (D) the extent to which a significant increase in the 
     allocation of Federal resources would enhance local response 
     to the gang crime activities in the area; and
       (E) any other criteria that the Attorney General considers 
     to be appropriate.
       (5) Relation to hidtas.--If the Attorney General 
     establishes a high intensity gang activity area that 
     substantially overlaps geographically with any existing high 
     intensity drug trafficking area (in this section referred to 
     as a ``HIDTA''), the Attorney General shall direct the local 
     collaborative working group for that high intensity gang 
     activity area to enter into an agreement with the Executive 
     Board for that HIDTA, providing that--
       (A) the Executive Board of that HIDTA shall establish a 
     separate high intensity gang activity area law enforcement 
     steering committee, and select (with a preference for 
     Federal, State, and local law enforcement agencies that are 
     within the geographic area of that high intensity gang 
     activity area) the members of that committee, subject to the 
     concurrence of the Attorney General;
       (B) the high intensity gang activity area law enforcement 
     steering committee established under subparagraph (A) shall 
     administer the funds provided under subsection (g)(1) for the 
     criminal street gang enforcement team, after consulting with, 
     and consistent with the goals and strategies established by, 
     that local collaborative working group;
       (C) the high intensity gang activity area law enforcement 
     steering committee established under subparagraph (A) shall 
     select, from Federal, State, and local law enforcement 
     agencies within the geographic area of that high intensity 
     gang activity area, the members of the Criminal Street Gang 
     Enforcement Team, in accordance with paragraph (3); and
       (D) the Criminal Street Gang Enforcement Team of that high 
     intensity gang activity area, and its law enforcement 
     steering committee, may, with approval of the Executive Board 
     of the HIDTA with which it substantially overlaps, utilize 
     the intelligence-sharing, administrative, and other resources 
     of that HIDTA.
       (c) Reporting Requirements.--
       (1) In general.--Not later than December 1 of each year, 
     the Attorney General shall submit a report to the appropriate 
     committees of Congress and the Director of the Office of 
     Management and Budget and the Domestic Policy Council that 
     describes, for each designated high intensity gang activity 
     area--
       (A) the specific long-term and short-term goals and 
     objectives;
       (B) the measurements used to evaluate the performance of 
     the high intensity gang activity area in achieving the long-
     term and short-term goals;
       (C) the age, composition, and membership of gangs;
       (D) the number and nature of crimes committed by gangs and 
     gang members;
       (E) the definition of the term ``gang'' used to compile 
     that report; and
       (F) the programmatic outcomes and funding need of the high 
     intensity gang area, including--
       (i) an evidence-based analysis of the best practices and 
     outcomes from the work of the relevant local collaborative 
     working group; and
       (ii) an analysis of whether Federal resources distributed 
     meet the needs of the high intensity gang activity area and, 
     if any programmatic funding shortfalls exist, recommendations 
     for programs or funding to meet such shortfalls.
       (2) Appropriate committees.--In this subsection, the term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary, the Committee on 
     Appropriations, and the Committee on Health, Education, 
     Labor, and Pensions of the Senate; and
       (B) the Committee on the Judiciary, the Committee on 
     Appropriations, the Committee on Education and Labor, and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
       (d) Additional Assistant United States Attorneys.--The 
     Attorney General is authorized to hire 94 additional 
     Assistant United States attorneys, and nonattorney 
     coordinators and paralegals as necessary, to carry out the 
     provisions of this section.
       (e) Additional Defense Counsel.--In each of the fiscal 
     years 2009 through 2013, the Director of the Administrative 
     Office of the

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     United States Courts is authorized to hire 71 additional 
     attorneys, nonattorney coordinators, and investigators, as 
     necessary, in Federal Defender Programs and Federal Community 
     Defender Organizations, and to make additional payments as 
     necessary to retain appointed counsel under section 3006A of 
     title 18, United States Code, to adequately respond to any 
     increased or expanded caseloads that may occur as a result of 
     this Act or the amendments made by this Act. Funding under 
     this subsection shall not exceed the funding levels under 
     subsection (d).
       (f) National Gang Research, Evaluation, and Policy 
     Institute.--
       (1) In general.--The Office of Justice Programs of the 
     Department of Justice, after consulting with relevant law 
     enforcement officials, practitioners and researchers, shall 
     establish a National Gang Research, Evaluation, and Policy 
     Institute (in this subsection referred to as the 
     ``Institute'').
       (2) Activities.--The Institute shall--
       (A) promote and facilitate the implementation of data-
     driven, effective gang violence suppression, prevention, 
     intervention, and reentry models, such as the Operation 
     Ceasefire model, the Strategic Public Health Approach, the 
     Gang Reduction Program, or any other promising municipally 
     driven, comprehensive community-wide strategy that is 
     demonstrated to be effective in reducing gang violence;
       (B) assist jurisdictions by conducting timely research on 
     effective models and designing and promoting implementation 
     of effective local strategies, including programs that have 
     objectives and data on how they reduce gang violence 
     (including shootings and killings), using prevention, 
     outreach, and community approaches, and that demonstrate the 
     efficacy of these approaches; and
       (C) provide and contract for technical assistance as needed 
     in support of its mission.
       (3) National conference.--Not later than 90 days after the 
     date of its formation, the Institute shall design and conduct 
     a national conference to reduce and prevent gang violence, 
     and to teach and promote gang violence prevention, 
     intervention, and reentry strategies. The conference shall be 
     attended by appropriate representatives from criminal street 
     gang enforcement teams, and local collaborative working 
     groups, including representatives of educational, community, 
     religious, and social service organizations, and gang program 
     and policy research evaluators.
       (4) National demonstration sites.--Not later than 120 days 
     after the date of its formation, the Institute shall select 
     appropriate HIGAA areas to serve as primary national 
     demonstration sites, based on the nature, concentration, and 
     distribution of various gang types, the jurisdiction's 
     established capacity to integrate prevention, intervention, 
     re-entry and enforcement efforts, and the range of particular 
     gang-related issues. After establishing primary national 
     demonstration sites, the Institute shall establish such other 
     secondary sites, to be linked to and receive evaluation, 
     research, and technical assistance through the primary sites, 
     as it may determine appropriate.
       (5) Dissemination of information.--Not later than 180 days 
     after the date of its formation, the Institute shall develop 
     and begin dissemination of information about methods to 
     effectively reduce and prevent gang violence, including 
     guides, research and assessment models, case studies, 
     evaluations, and best practices. The Institute shall also 
     create a website, designed to support the implementation of 
     successful gang violence prevention models, and disseminate 
     appropriate information to assist jurisdictions in reducing 
     gang violence.
       (6) Gang intervention academies.--Not later than 6 months 
     after the date of its formation, the Institute shall, either 
     directly or through contracts with qualified nonprofit 
     organizations, establish not less than 1 training academy, 
     located in a high intensity gang activity area, to promote 
     effective gang intervention and community policing. The 
     purposes of an academy established under this paragraph shall 
     be to increase professionalism of gang intervention workers, 
     improve officer training for working with gang intervention 
     workers, create best practices for independent cooperation 
     between officers and intervention workers, and develop 
     training for community policing.
       (7) Support.--The Institute shall obtain initial and 
     continuing support from experienced researchers and 
     practitioners, as it determines necessary, to test and assist 
     in implementing its strategies nationally, regionally, and 
     locally.
       (8) Research agenda.--The Institute shall establish and 
     implement a core research agenda designed to address areas of 
     particular challenge, including--
       (A) how best to apply and continue to test the models 
     described in paragraph (2) in particularly large 
     jurisdictions;
       (B) how to foster and maximize the continuing impact of 
     community moral voices in this context;
       (C) how to ensure the long-term sustainability of reduced 
     violent crime levels once initial levels of enthusiasm may 
     subside; and
       (D) how to apply existing intervention frameworks to 
     emerging local, regional, national, or international gang 
     problems, such as the emergence of the gang known as MS-13.
       (9) Evaluation.--The National Institute of Justice shall 
     evaluate, on a continuing basis, comprehensive gang violence 
     prevention, intervention, suppression, and reentry strategies 
     supported by the Institute, and shall report the results of 
     these evaluations by no later than October 1 each year to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives.
       (10) Funds.--The Attorney General shall use not less than 3 
     percent, and not more than 5 percent, of the amounts made 
     available under this section to establish and operate the 
     Institute.
       (g) Use of Funds.--Of amounts made available to a local 
     collaborative working group under this section for each 
     fiscal year that are remaining after the costs of hiring a 
     full time coordinator for the local collaborative effort--
       (1) 50 percent shall be used for the operation of criminal 
     street gang enforcement teams; and
       (2) 50 percent shall be used--
       (A) to provide at-risk youth with positive alternatives to 
     gangs and other violent groups and to address the needs of 
     those who leave gangs and other violent groups through--
       (i) service providers in the community, including schools 
     and school districts; and
       (ii) faith leaders and other individuals experienced at 
     reaching youth who have been involved in violence and violent 
     gangs or groups;
       (B) for the establishment and operation of the National 
     Gang Research, Evaluation, and Policy Institute; and
       (C) to support and provide technical assistance to research 
     in criminal justice, social services, and community gang 
     violence prevention collaborations.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $75,000,000 for 
     each of fiscal years 2009 through 2013. Any funds made 
     available under this subsection shall remain available until 
     expended.

     SEC. 302. GANG PREVENTION GRANTS.

       (a) Authority to Make Grants.--The Office of Justice 
     Programs of the Department of Justice may make grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to States, units of local government, tribal 
     governments, and qualified private entities, to develop 
     community-based programs that provide crime prevention, 
     research, and intervention services that are designed for 
     gang members and at-risk youth.
       (b) Use of Grant Amounts.--A grant under this section may 
     be used (including through subgrants) for--
       (1) preventing initial gang recruitment and involvement 
     among younger teenagers;
       (2) reducing gang involvement through nonviolent and 
     constructive activities, such as community service programs, 
     development of nonviolent conflict resolution skills, 
     employment and legal assistance, family counseling, and other 
     safe, community-based alternatives for high-risk youth;
       (3) developing in-school and after-school gang safety, 
     control, education, and resistance procedures and programs;
       (4) identifying and addressing early childhood risk factors 
     for gang involvement, including parent training and childhood 
     skills development;
       (5) identifying and fostering protective factors that 
     buffer children and adolescents from gang involvement;
       (6) developing and identifying investigative programs 
     designed to deter gang recruitment, involvement, and 
     activities through effective intelligence gathering;
       (7) developing programs and youth centers for first-time 
     nonviolent offenders facing alternative penalties, such as 
     mandated participation in community service, restitution, 
     counseling, and education and prevention programs;
       (8) implementing regional, multidisciplinary approaches to 
     combat gang violence though coordinated programs for 
     prevention and intervention (including street outreach 
     programs and other peacemaking activities) or coordinated law 
     enforcement activities (including regional gang task forces 
     and regional crime mapping strategies that enhance focused 
     prosecutions and reintegration strategies for offender 
     reentry); or
       (9) identifying at-risk and high-risk students through home 
     visits organized through joint collaborations between law 
     enforcement, faith-based organizations, schools, and social 
     workers.
       (c) Grant Requirements.--
       (1) Maximum.--The amount of a grant under this section may 
     not exceed $1,000,000.
       (2) Consultation and cooperation.--Each recipient of a 
     grant under this section shall have in effect on the date of 
     the application by that entity agreements to consult and 
     cooperate with local, State, or Federal law enforcement and 
     participate, as appropriate, in coordinated efforts to reduce 
     gang activity and violence.
       (d) Annual Report.--Each recipient of a grant under this 
     section shall submit to the Attorney General, for each year 
     in which funds from a grant received under this section are 
     expended, a report containing--

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       (1) a summary of the activities carried out with grant 
     funds during that year;
       (2) an assessment of the effectiveness of the crime 
     prevention, research, and intervention activities of the 
     recipient, based on data collected by the grant recipient;
       (3) a strategic plan for the year following the year 
     described in paragraph (1);
       (4) evidence of consultation and cooperation with local, 
     State, or Federal law enforcement or, if the grant recipient 
     is a government entity, evidence of consultation with an 
     organization engaged in any activity described in subsection 
     (b); and
       (5) such other information as the Attorney General may 
     require.
       (e) Definition.--In this section, the term ``units of local 
     government'' includes sheriffs departments, police 
     departments, and local prosecutor offices.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated for grants under this section $35,000,000 
     for each of the fiscal years 2009 through 2013.

     SEC. 303. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS 
                   INITIATIVE TO IMPROVE ENFORCEMENT OF CRIMINAL 
                   LAWS AGAINST VIOLENT GANGS.

       (a) In General.--While maintaining the focus of Project 
     Safe Neighborhoods as a comprehensive, strategic approach to 
     reducing gun violence in America, the Attorney General is 
     authorized to expand the Project Safe Neighborhoods program 
     to require each United States attorney to--
       (1) identify, investigate, and prosecute significant 
     criminal street gangs operating within their district; and
       (2) coordinate the identification, investigation, and 
     prosecution of criminal street gangs among Federal, State, 
     and local law enforcement agencies.
       (b) Additional Staff for Project Safe Neighborhoods.--
       (1) In general.--The Attorney General may hire Assistant 
     United States attorneys, non-attorney coordinators, or 
     paralegals to carry out the provisions of this section.
       (2) Enforcement.--The Attorney General may hire Bureau of 
     Alcohol, Tobacco, Firearms, and Explosives agents for, and 
     otherwise expend additional resources in support of, the 
     Project Safe Neighborhoods/Firearms Violence Reduction 
     program.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated $20,000,000 for each of fiscal years 2009 
     through 2013 to carry out this section. Any funds made 
     available under this paragraph shall remain available until 
     expended.

     SEC. 304. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU 
                   OF INVESTIGATION TO INVESTIGATE AND PROSECUTE 
                   VIOLENT CRIMINAL STREET GANGS.

       (a) Expansion of Safe Streets Program.--The Attorney 
     General is authorized to expand the Safe Streets Program of 
     the Federal Bureau of Investigation for the purpose of 
     supporting criminal street gang enforcement teams.
       (b) National Gang Activity Database.--
       (1) In general.--The Attorney General shall establish a 
     National Gang Activity Database to be housed at and 
     administered by the Department of Justice.
       (2) Description.--The database required by paragraph (1) 
     shall--
       (A) be designed to disseminate gang information to law 
     enforcement agencies throughout the country and, subject to 
     appropriate controls, to disseminate aggregate statistical 
     information to other members of the criminal justice system, 
     community leaders, academics, and the public;
       (B) contain critical information on gangs, gang members, 
     firearms, criminal activities, vehicles, and other 
     information useful for investigators in solving and reducing 
     gang-related crimes;
       (C) operate in a manner that enables law enforcement 
     agencies to--
       (i) identify gang members involved in crimes;
       (ii) track the movement of gangs and members throughout the 
     region;
       (iii) coordinate law enforcement response to gang violence;
       (iv) enhance officer safety;
       (v) provide realistic, up-to-date figures and statistical 
     data on gang crime and violence;
       (vi) forecast trends and respond accordingly; and
       (vii) more easily solve crimes and prevent violence; and
       (D) be subject to guidelines, issued by the Attorney 
     General, specifying the criteria for adding information to 
     the database, the appropriate period for retention of such 
     information, and a process for removing individuals from the 
     database, and prohibiting disseminating gang information to 
     any entity that is not a law enforcement agency, except 
     aggregate statistical information where appropriate.
       (3) Use of riss secure intranet.--From amounts made 
     available to carry out this section, the Attorney General 
     shall provide the Regional Information Sharing Systems such 
     sums as are necessary to use the secure intranet known as 
     RISSNET to electronically connect existing gang information 
     systems (including the RISSGang National Gang Database) with 
     the National Gang Activity Database, thereby facilitating the 
     automated information exchange of existing gang data by all 
     connected systems without the need for additional databases 
     or data replication.
       (c) Authorization of Appropriations.--
       (1) In general.--In addition to amounts otherwise 
     authorized, there are authorized to be appropriated to the 
     Attorney General $10,000,000 for each of fiscal years 2009 
     through 2013 to carry out this section.
       (2) Availability.--Any amounts appropriated under paragraph 
     (1) shall remain available until expended.

     SEC. 305. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT 
                   VIOLENT CRIME.

       (a) In General.--Section 31702 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13862) is 
     amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(5) to hire additional prosecutors to--
       ``(A) allow more cases to be prosecuted; and
       ``(B) reduce backlogs; and
       ``(6) to fund technology, equipment, and training for 
     prosecutors and law enforcement in order to increase accurate 
     identification of gang members and violent offenders, and to 
     maintain databases with such information to facilitate 
     coordination among law enforcement and prosecutors.''.
       (b) Authorization of Appropriations.--Section 31707 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13867) is amended to read as follows:

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $20,000,000 for 
     each of the fiscal years 2009 through 2013 to carry out this 
     subtitle.''.

     SEC. 306. EXPANSION AND REAUTHORIZATION OF THE MENTORING 
                   INITIATIVE FOR SYSTEM INVOLVED YOUTH.

       (a) Expansion.--Section 261(a) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5665(a)) is 
     amended by adding at the end the following: ``The 
     Administrator shall expand the number of sites receiving such 
     grants from 4 to 12.''.
       (b) Authorization of Program.--Section 299(c) of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5671(c)) is amended--
       (1) by striking ``There are authorized'' and inserting the 
     following:
       ``(1) In general.--There are authorized''; and
       (2) by adding at the end the following:
       ``(2) Authorization of appropriations for mentoring 
     initiative.--There are authorized to be appropriated to carry 
     out the Mentoring Initiative for System Involved Youth 
     Program under part E $4,800,000 for each of fiscal years 2009 
     through 2013.''.

     SEC. 307. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE 
                   APPROACHES TO GANG ACTIVITY AND AFTER-SCHOOL 
                   PROGRAMS.

       (a) In General.--The Attorney General may make grants to 
     public or nonprofit private entities (including faith-based 
     organizations) for the purpose of assisting the entities in 
     carrying out projects involving innovative approaches to 
     combat gang activity.
       (b) Certain Approaches.--Approaches under subsection (a) 
     may include the following:
       (1) Encouraging teen-driven approaches to gang activity 
     prevention.
       (2) Educating parents to recognize signs of problems and 
     potential gang involvement in their children.
       (3) Teaching parents the importance of a nurturing family 
     and home environment to keep children out of gangs.
       (4) Facilitating communication between parents and 
     children, especially programs that have been evaluated and 
     proven effective.
       (c) Matching Funds.--
       (1) In general.--The Attorney General may make a grant 
     under this section only if the entity receiving the grant 
     agrees to make available (directly or through donations from 
     public or private entities) non-Federal contributions toward 
     the cost of activities to be performed with that grant in an 
     amount that is not less than 25 percent of such costs.
       (2) Determination of amount contributed.--Non-Federal 
     contributions required under paragraph (1) may be in cash or 
     in kind, fairly evaluated, including facilities, equipment, 
     or services. Amounts provided by the Federal Government, or 
     services assisted or subsidized to any significant extent by 
     the Federal Government, may not be included in determining 
     the amount of such non-Federal contributions.
       (d) Evaluation of Projects.--
       (1) In general.--The Attorney General shall establish 
     criteria for the evaluation of projects involving innovative 
     approaches under subsection (a).
       (2) Grantees.--A grant may be made under subsection (a) 
     only if the entity involved--
       (A) agrees to conduct evaluations of the approach in 
     accordance with the criteria established under paragraph (1);
       (B) agrees to submit to the Attorney General reports 
     describing the results of the evaluations, as the Attorney 
     General determines to be appropriate; and
       (C) submits to the Attorney General, in the application 
     under subsection (e), a plan for conducting the evaluations.

[[Page 153]]

       (e) Application for Grant.--A public or nonprofit private 
     entity desiring a grant under this section shall submit an 
     application in such form, in such manner, and containing such 
     agreements, assurances, and information (including the 
     agreements under subsections (c) and (d) and the plan under 
     subsection (d)(2)(C)) as the Attorney General determines 
     appropriate.
       (f) Report to Congress.--Not later than February 1 of each 
     year, the Attorney General shall submit to Congress a report 
     describing the extent to which the approaches under 
     subsection (a) have been successful in reducing the rate of 
     gang activity in the communities in which the approaches have 
     been carried out. Each report under this subsection shall 
     describe the various approaches used under subsection (a) and 
     the effectiveness of each of the approaches.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 to carry out this section for 
     each of the fiscal years 2009 through 2013.

     SEC. 308. SHORT-TERM STATE WITNESS PROTECTION SECTION.

       (a) Establishment.--
       (1) In general.--Chapter 37 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 570. Short-term state witness protection section

       ``(a) In General.--There is established in the United 
     States Marshals Service a Short-Term State Witness Protection 
     Section which shall provide protection for witnesses in State 
     and local trials involving homicide or other major violent 
     crimes pursuant to cooperative agreements with State and 
     local criminal prosecutor's offices and the United States 
     attorney for the District of Columbia.
       ``(b) Eligibility.--
       ``(1) In general.--The Short-Term State Witness Protection 
     Section shall give priority in awarding grants and providing 
     services to--
       ``(A) criminal prosecutor's offices for States with an 
     average of not less than 100 murders per year; and
       ``(B) criminal prosecutor's offices for jurisdictions that 
     include a city, town, or township with an average violent 
     crime rate per 100,000 inhabitants that is above the national 
     average.
       ``(2) Calculation.--The rate of murders and violent crime 
     under paragraph (1) shall be calculated using the latest 
     available crime statistics from the Federal Bureau of 
     Investigation during 5-year period immediately preceding an 
     application for protection.''.
       (2) Chapter analysis.--The chapter analysis for chapter 37 
     of title 28, United States Code, is amended by striking the 
     items relating to sections 570 through 576 and inserting the 
     following:

``570. Short-Term State Witness Protection Section.''.
       (b) Grant Program.--
       (1) Definitions.--In this subsection--
       (A) the term ``eligible prosecutor's office'' means a State 
     or local criminal prosecutor's office or the United States 
     attorney for the District of Columbia; and
       (B) the term ``serious violent felony'' has the same 
     meaning as in section 3559(c)(2) of title 18, United States 
     Code.
       (2) Grants authorized.--
       (A) In general.--The Attorney General is authorized to make 
     grants to eligible prosecutor's offices for purposes of 
     identifying witnesses in need of protection or providing 
     short term protection to witnesses in trials involving 
     homicide or serious violent felony.
       (B) Allocation.--Each eligible prosecutor's office 
     receiving a grant under this subsection may--
       (i) use the grant to identify witnesses in need of 
     protection or provide witness protection (including tattoo 
     removal services); or
       (ii) pursuant to a cooperative agreement with the Short-
     Term State Witness Protection Section of the United States 
     Marshals Service, credit the grant to the Short-Term State 
     Witness Protection Section to cover the costs to the section 
     of providing witness protection on behalf of the eligible 
     prosecutor's office.
       (3) Application.--
       (A) In general.--Each eligible prosecutor's office desiring 
     a grant under this subsection shall submit an application to 
     the Attorney General at such time, in such manner, and 
     accompanied by such information as the Attorney General may 
     reasonably require.
       (B) Contents.--Each application submitted under 
     subparagraph (A) shall--
       (i) describe the activities for which assistance under this 
     subsection is sought; and
       (ii) provide such additional assurances as the Attorney 
     General determines to be essential to ensure compliance with 
     the requirements of this subsection.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $90,000,000 
     for each of fiscal years 2009 through 2011.

     SEC. 309. WITNESS PROTECTION SERVICES.

       Section 3526 of title 18, United States Code (Cooperation 
     of other Federal agencies and State governments; 
     reimbursement of expenses) is amended by adding at the end 
     the following:
       ``(c) In any case in which a State government requests the 
     Attorney General to provide temporary protection under 
     section 3521(e) of this title, the costs of providing 
     temporary protection are not reimbursable if the 
     investigation or prosecution in any way relates to crimes of 
     violence committed by a criminal street gang, as defined 
     under the laws of the relevant State seeking assistance under 
     this title.''.

     SEC. 310. EXPANSION OF FEDERAL WITNESS RELOCATION AND 
                   PROTECTION PROGRAM.

       Section 3521(a)(1) of title 18 is amended by inserting ``, 
     criminal street gang, serious drug offense, homicide,'' after 
     ``organized criminal activity''.

     SEC. 311. FAMILY ABDUCTION PREVENTION GRANT PROGRAM.

       (a) State Grants.--The Attorney General is authorized to 
     make grants to States for projects involving--
       (1) the extradition of individuals suspected of committing 
     a family abduction;
       (2) the investigation by State and local law enforcement 
     agencies of family abduction cases;
       (3) the training of State and local law enforcement 
     agencies in responding to family abductions and recovering 
     abducted children, including the development of written 
     guidelines and technical assistance;
       (4) outreach and media campaigns to educate parents on the 
     dangers of family abductions; and
       (5) the flagging of school records.
       (b) Matching Requirement.--Not less than 50 percent of the 
     cost of a project for which a grant is made under this 
     section shall be provided by non-Federal sources.
       (c) Definitions.--In this section:
       (1) Family abduction.---The term ``family abduction'' means 
     the taking, keeping, or concealing of a child or children by 
     a parent, other family member, or person acting on behalf of 
     the parent or family member, that prevents another individual 
     from exercising lawful custody or visitation rights.
       (2) Flagging.--The term ``flagging'' means the process of 
     notifying law enforcement authorities of the name and address 
     of any person requesting the school records of an abducted 
     child.
       (3) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, 
     American Samoa, Guam, the Virgin Islands, any territory or 
     possession of the United States, and any Indian tribe.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $500,000 for 
     fiscal year 2009 and such sums as may be necessary for each 
     of fiscal years 2010 and 2011.

     SEC. 312. STUDY ON ADOLESCENT DEVELOPMENT AND SENTENCES IN 
                   THE FEDERAL SYSTEM.

       (a) In General.--The United States Sentencing Commission 
     shall conduct a study to examine the appropriateness of 
     sentences for minors in the Federal system.
       (b) Contents.--The study conducted under subsection (a) 
     shall--
       (1) incorporate the most recent research and expertise in 
     the field of adolescent brain development and culpability;
       (2) evaluate the toll of juvenile crime, particularly 
     violent juvenile crime, on communities;
       (3) consider the appropriateness of life sentences without 
     possibility for parole for minor offenders in the Federal 
     system; and
       (4) evaluate issues of recidivism by juveniles who are 
     released from prison or detention after serving determinate 
     sentences.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the United States Sentencing 
     Commission shall submit to Congress a report regarding the 
     study conducted under subsection (a), which shall--
       (1) include the findings of the Commission;
       (2) describe significant cases reviewed as part of the 
     study; and
       (3) make recommendations, if any.
       (d) Revision of Guidelines.--If determined appropriate by 
     the United States Sentencing Commission, after completing the 
     study under subsection (a) the Commission may, pursuant to 
     its authority under section 994 of title 28, United States 
     Code, establish or revise guidelines and policy statements, 
     as warranted, relating to the sentencing of minors under this 
     Act or the amendments made by this Act.

     SEC. 313. NATIONAL YOUTH ANTI-HEROIN MEDIA CAMPAIGN.

       Section 709 of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1708) is amended--
       (1) by redesignating subsections (k) and (l) as subsections 
     (l) and (m), respectively; and
       (2) by inserting after subsection (j) the following:
       ``(k) Prevention of Heroin Abuse.--
       ``(1) Findings.--Congress finds the following:
       ``(A) Heroin, and particularly the form known as `cheese 
     heroin' (a drug made by mixing black tar heroin with 
     diphenhydramine), poses a significant and increasing threat 
     to youth in the United States.
       ``(B) Drug organizations import heroin from outside of the 
     United States, mix the highly addictive drug with 
     diphenhydramine, and distribute it mostly to youth.
       ``(C) Since the initial discovery of cheese heroin on 
     Dallas school campuses in 2005, at

[[Page 154]]

     least 21 minors have died after overdosing on cheese heroin 
     in Dallas County.
       ``(D) The number of arrests involving possession of cheese 
     heroin in the Dallas area during the 2006-2007 school year 
     increased over 60 percent from the previous school year.
       ``(E) The ease of communication via the Internet and cell 
     phones allows a drug trend to spread rapidly across the 
     country, creating a national threat.
       ``(F) Gangs recruit youth as new members by providing them 
     with this inexpensive drug.
       ``(G) Reports show that there is rampant ignorance among 
     youth about the dangerous and potentially fatal effects of 
     cheese heroin.
       ``(2) Prevention of heroin abuse.--In conducting 
     advertising and activities otherwise authorized under this 
     section, the Director shall promote prevention of youth 
     heroin use, including cheese heroin.''.

     SEC. 314. TRAINING AT THE NATIONAL ADVOCACY CENTER.

       (a) In General.--The National District Attorneys 
     Association may use the services of the National Advocacy 
     Center in Columbia, South Carolina to conduct a national 
     training program for State and local prosecutors for the 
     purpose of improving the professional skills of State and 
     local prosecutors and enhancing the ability of Federal, 
     State, and local prosecutors to work together.
       (b) Training.--The National Advocacy Center in Columbia, 
     South Carolina may provide comprehensive continuing legal 
     education in the areas of trial practice, substantive legal 
     updates, and support staff training.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General to carry out this 
     section $6,500,000, to remain available until expended, for 
     fiscal years 2009 through 2012.

         TITLE IV--CRIME PREVENTION AND INTERVENTION STRATEGIES

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Prevention Resources for 
     Eliminating Criminal Activity Using Tailored Interventions in 
     Our Neighborhoods Act of 2009'' or the ``PRECAUTION Act''.

     SEC. 402. PURPOSES.

       The purposes of this title are to--
       (1) establish a commitment on the part of the Federal 
     Government to provide leadership on successful crime 
     prevention and intervention strategies;
       (2) further the integration of crime prevention and 
     intervention strategies into traditional law enforcement 
     practices of State and local law enforcement offices around 
     the country;
       (3) develop a plain-language, implementation-focused 
     assessment of those current crime and delinquency prevention 
     and intervention strategies that are supported by rigorous 
     evidence;
       (4) provide additional resources to the National Institute 
     of Justice to administer research and development grants for 
     promising crime prevention and intervention strategies;
       (5) develop recommendations for Federal priorities for 
     crime and delinquency prevention and intervention research, 
     development, and funding that may augment important Federal 
     grant programs, including the Edward Byrne Memorial Justice 
     Assistance Grant Program under subpart 1 of part E of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3750 et seq.), grant programs administered by the 
     Office of Community Oriented Policing Services of the 
     Department of Justice, grant programs administered by the 
     Office of Safe and Drug-Free Schools of the Department of 
     Education, and other similar programs; and
       (6) reduce the costs that rising violent crime imposes on 
     interstate commerce.

     SEC. 403. DEFINITIONS.

       In this title, the following definitions shall apply:
       (1) Commission.--The term ``Commission'' means the National 
     Commission on Public Safety Through Crime Prevention 
     established under section 404(a).
       (2) Rigorous evidence.--The term ``rigorous evidence'' 
     means evidence generated by scientifically valid forms of 
     outcome evaluation, particularly randomized trials (where 
     practicable).
       (3) Subcategory.--The term ``subcategory'' means 1 of the 
     following categories:
       (A) Family and community settings (including public health-
     based strategies).
       (B) Law enforcement settings (including probation-based 
     strategies).
       (C) School settings (including antigang and general 
     antiviolence strategies).
       (4) Top-tier.--The term ``top-tier'' means any strategy 
     supported by rigorous evidence of the sizable, sustained 
     benefits to participants in the strategy or to society.

     SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME 
                   PREVENTION.

       (a) Establishment.--There is established a commission to be 
     known as the National Commission on Public Safety Through 
     Crime Prevention.
       (b) Members.--
       (1) In general.--The Commission shall be composed of 9 
     members, of whom--
       (A) 3 shall be appointed by the President, 1 of whom shall 
     be the Assistant Attorney General for the Office of Justice 
     Programs or a representative of such Assistant Attorney 
     General;
       (B) 2 shall be appointed by the Speaker of the House of 
     Representatives, unless the Speaker is of the same party as 
     the President, in which case 1 shall be appointed by the 
     Speaker of the House of Representatives and 1 shall be 
     appointed by the minority leader of the House of 
     Representatives;
       (C) 1 shall be appointed by the minority leader of the 
     House of Representatives (in addition to any appointment made 
     under subparagraph (B));
       (D) 2 shall be appointed by the majority leader of the 
     Senate, unless the majority leader is of the same party as 
     the President, in which case 1 shall be appointed by the 
     majority leader of the Senate and 1 shall be appointed by the 
     minority leader of the Senate; and
       (E) 1 member appointed by the minority leader of the Senate 
     (in addition to any appointment made under subparagraph (D)).
       (2) Persons eligible.--
       (A) In general.--Each member of the Commission shall be an 
     individual who has knowledge or expertise in matters to be 
     studied by the Commission.
       (B) Required representatives.--At least--
       (i) 2 members of the Commission shall be respected social 
     scientists with experience implementing or interpreting 
     rigorous, outcome-based trials; and
       (ii) 2 members of the Commission shall be law enforcement 
     practitioners.
       (3) Consultation required.--The President, the Speaker of 
     the House of Representatives, the minority leader of the 
     House of Representatives, and the majority leader and 
     minority leader of the Senate shall consult prior to the 
     appointment of the members of the Commission to achieve, to 
     the maximum extent possible, fair and equitable 
     representation of various points of view with respect to the 
     matters to be studied by the Commission.
       (4) Term.--Each member shall be appointed for the life of 
     the Commission.
       (5) Time for initial appointments.--The appointment of the 
     members shall be made not later than 60 days after the date 
     of enactment of this Act.
       (6) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made, and 
     shall be made not later than 60 days after the date on which 
     the vacancy occurred.
       (7) Ex officio members.--The Director of the National 
     Institute of Justice, the Director of the Office of Juvenile 
     Justice and Delinquency Prevention, the Director of the 
     Community Capacity Development Office, the Director of the 
     Bureau of Justice Statistics, the Director of the Bureau of 
     Justice Assistance, and the Director of Community Oriented 
     Policing Services (or a representative of each such director) 
     shall each serve in an ex officio capacity on the Commission 
     to provide advice and information to the Commission.
       (c) Operation.--
       (1) Chairperson.--At the initial meeting of the Commission, 
     the members of the Commission shall elect a chairperson from 
     among its voting members, by a vote of \2/3\ of the members 
     of the Commission. The chairperson shall retain this position 
     for the life of the Commission. If the chairperson leaves the 
     Commission, a new chairperson shall be selected, by a vote of 
     \2/3\ of the members of the Commission.
       (2) Meetings.--The Commission shall meet at the call of the 
     chairperson. The initial meeting of the Commission shall take 
     place not later than 30 days after the date on which all the 
     members of the Commission have been appointed.
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum to conduct business, and the 
     Commission may establish a lesser quorum for conducting 
     hearings scheduled by the Commission.
       (4) Rules.--The Commission may establish by majority vote 
     any other rules for the conduct of Commission business, if 
     such rules are not inconsistent with this title or other 
     applicable law.
       (d) Public Hearings.--
       (1) In general.--The Commission shall hold public hearings. 
     The Commission may hold such hearings, sit and act at such 
     times and places, take such testimony, and receive such 
     evidence as the Commission considers advisable to carry out 
     its duties under this section.
       (2) Focus of hearings.--The Commission shall hold at least 
     3 separate public hearings, each of which shall focus on 1 of 
     the subcategories.
       (3) Witness expenses.--Witnesses requested to appear before 
     the Commission shall be paid the same fees as are paid to 
     witnesses under section 1821 of title 28, United States Code. 
     The per diem and mileage allowances for witnesses shall be 
     paid from funds appropriated to the Commission.
       (e) Comprehensive Study of Evidence-Based Crime Prevention 
     and Intervention Strategies.--
       (1) In general.--The Commission shall carry out a 
     comprehensive study of the effectiveness of crime and 
     delinquency prevention and intervention strategies, organized 
     around the 3 subcategories.

[[Page 155]]

       (2) Matters included.--The study under paragraph (1) shall 
     include--
       (A) a review of research on the general effectiveness of 
     incorporating crime prevention and intervention strategies 
     into an overall law enforcement plan;
       (B) an evaluation of how to more effectively communicate 
     the wealth of social science research to practitioners;
       (C) a review of evidence regarding the effectiveness of 
     specific crime prevention and intervention strategies, 
     focusing on those strategies supported by rigorous evidence;
       (D) an identification of--
       (i) promising areas for further research and development; 
     and
       (ii) other areas representing gaps in the body of knowledge 
     that would benefit from additional research and development;
       (E) an assessment of the best practices for implementing 
     prevention and intervention strategies;
       (F) an assessment of the best practices for gathering 
     rigorous evidence regarding the implementation of 
     intervention and prevention strategies; and
       (G) an assessment of those top-tier strategies best suited 
     for duplication efforts in a range of settings across the 
     country.
       (3) Initial report on top-tier crime prevention and 
     intervention strategies.--
       (A) Distribution.--Not later than 18 months after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall submit a public report on the study 
     carried out under this subsection to--
       (i) the President;
       (ii) Congress;
       (iii) the Attorney General;
       (iv) the Chief Federal Public Defender of each district;
       (v) the chief executive of each State;
       (vi) the Director of the Administrative Office of the 
     Courts of each State;
       (vii) the Director of the Administrative Office of the 
     United States Courts; and
       (viii) the attorney general of each State.
       (B) Contents.--The report under subparagraph (A) shall 
     include--
       (i) the findings and conclusions of the Commission;
       (ii) a summary of the top-tier strategies, including--

       (I) a review of the rigorous evidence supporting the 
     designation of each strategy as top-tier;
       (II) a brief outline of the keys to successful 
     implementation for each strategy; and
       (III) a list of references and other information on where 
     further information on each strategy can be found;

       (iii) recommended protocols for implementing crime and 
     delinquency prevention and intervention strategies generally;
       (iv) recommended protocols for evaluating the effectiveness 
     of crime and delinquency prevention and intervention 
     strategies; and
       (v) a summary of the materials relied upon by the 
     Commission in preparation of the report.
       (C) Consultation with outside authorities.--In developing 
     the recommended protocols for implementation and rigorous 
     evaluation of top-tier crime and delinquency prevention and 
     intervention strategies under this paragraph, the Commission 
     shall consult with the Committee on Law and Justice at the 
     National Academy of Science and with national associations 
     representing the law enforcement and social science 
     professions, including the National Sheriffs' Association, 
     the Police Executive Research Forum, the International 
     Association of Chiefs of Police, the Consortium of Social 
     Science Associations, and the American Society of 
     Criminology.
       (f) Recommendations Regarding Dissemination of the 
     Innovative Crime Prevention and Intervention Strategy 
     Grants.--
       (1) Submission.--
       (A) In general.--Not later than 30 days after the date of 
     the final hearing under subsection (d) relating to a 
     subcategory, the Commission shall provide the Director of the 
     National Institute of Justice with recommendations on 
     qualifying considerations relating to that subcategory for 
     selecting grant recipients under section 405.
       (B) Deadline.--Not later than 13 months after the date on 
     which all members of the Commission have been appointed, the 
     Commission shall provide all recommendations required under 
     this subsection.
       (2) Matters included.--The recommendations provided under 
     paragraph (1) shall include recommendations relating to--
       (A) the types of strategies for the applicable subcategory 
     that would best benefit from additional research and 
     development;
       (B) any geographic or demographic targets;
       (C) the types of partnerships with other public or private 
     entities that might be pertinent and prioritized; and
       (D) any classes of crime and delinquency prevention and 
     intervention strategies that should not be given priority 
     because of a pre-existing base of knowledge that would 
     benefit less from additional research and development.
       (g) Final Report on the Results of the Innovative Crime 
     Prevention and Intervention Strategy Grants.--
       (1) In general.--Following the close of the 3-year 
     implementation period for each grant recipient under section 
     405, the Commission shall collect the results of the study of 
     the effectiveness of that grant under section 405(b)(3) and 
     shall submit a public report to the President, the Attorney 
     General, Congress, the chief executive of each State, and the 
     attorney general of each State describing each strategy 
     funded under section 405 and its results. This report shall 
     be submitted not later than 5 years after the date of the 
     selection of the chairperson of the Commission.
       (2) Collection of information and evidence regarding grant 
     recipients.--The Commission's collection of information and 
     evidence regarding each grant recipient under section 405 
     shall be carried out by--
       (A) ongoing communications with the grant administrator at 
     the National Institute of Justice;
       (B) visits by representatives of the Commission (including 
     at least 1 member of the Commission) to the site where the 
     grant recipient is carrying out the strategy with a grant 
     under section 405, at least once in the second and once in 
     the third year of that grant;
       (C) a review of the data generated by the study monitoring 
     the effectiveness of the strategy; and
       (D) other means as necessary.
       (3) Matters included.--The report submitted under paragraph 
     (1) shall include a review of each strategy carried out with 
     a grant under section 405, detailing--
       (A) the type of crime or delinquency prevention or 
     intervention strategy;
       (B) where the activities under the strategy were carried 
     out, including geographic and demographic targets;
       (C) any partnerships with public or private entities 
     through the course of the grant period;
       (D) the type and design of the effectiveness study 
     conducted under section 405(b)(3) for that strategy;
       (E) the results of the effectiveness study conducted under 
     section 405(b)(3) for that strategy;
       (F) lessons learned regarding implementation of that 
     strategy or of the effectiveness study conducted under 
     section 405(b)(3), including recommendations regarding which 
     types of environments might best be suited for successful 
     replication; and
       (G) recommendations regarding the need for further research 
     and development of the strategy.
       (h) Personnel Matters.--
       (1) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Commission.
       (2) Compensation of members.--Members of the Commission 
     shall serve without compensation.
       (3) Staff.--
       (A) In general.--The chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (B) Compensation.--The chairperson of the Commission may 
     fix the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director and other personnel may not exceed the rate payable 
     for level V of the Executive Schedule under section 5316 of 
     such title.
       (4) Detail of federal employees.--With the affirmative vote 
     of \2/3\ of the members of the Commission, any Federal 
     Government employee, with the approval of the head of the 
     appropriate Federal agency, may be detailed to the Commission 
     without reimbursement, and such detail shall be without 
     interruption or loss of civil service status, benefits, or 
     privileges.
       (i) Contracts for Research.--
       (1) National institute of justice.--With a \2/3\ 
     affirmative vote of the members of the Commission, the 
     Commission may select nongovernmental researchers and experts 
     to assist the Commission in carrying out its duties under 
     this title. The National Institute of Justice shall contract 
     with the researchers and experts selected by the Commission 
     to provide funding in exchange for their services.
       (2) Other organizations.--Nothing in this subsection shall 
     be construed to limit the ability of the Commission to enter 
     into contracts with other entities or organizations for 
     research necessary to carry out the duties of the Commission 
     under this section.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 to carry out this section.
       (k) Termination.--The Commission shall terminate on the 
     date that is 30 days after the date on which the Commission 
     submits the last report required by this section.
       (l) Exemption.--The Commission shall be exempt from the 
     Federal Advisory Committee Act.

[[Page 156]]



     SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVENTION 
                   STRATEGY GRANTS.

       (a) Grants Authorized.--The Director of the National 
     Institute of Justice may make grants to public and private 
     entities to fund the implementation and evaluation of 
     innovative crime or delinquency prevention or intervention 
     strategies. The purpose of grants under this section shall be 
     to provide funds for all expenses related to the 
     implementation of such a strategy and to conduct a rigorous 
     study on the effectiveness of that strategy.
       (b) Grant Distribution.--
       (1) Period.--A grant under this section shall be made for a 
     period of not more than 3 years.
       (2) Amount.--The amount of each grant under this section--
       (A) shall be sufficient to ensure that rigorous evaluations 
     may be performed; and
       (B) shall not exceed $2,000,000.
       (3) Evaluation set-aside.--
       (A) In general.--A grantee shall use not less than $300,000 
     and not more than $700,000 of the funds from a grant under 
     this section for a rigorous study of the effectiveness of the 
     strategy during the 3-year period of the grant for that 
     strategy.
       (B) Methodology of study.--
       (i) In general.--Each study conducted under subparagraph 
     (A) shall use an evaluator and a study design approved by the 
     employee of the National Institute of Justice hired or 
     assigned under subsection (c).
       (ii) Criteria.--The employee of the National Institute of 
     Justice hired or assigned under subsection (c) shall 
     approve--

       (I) an evaluator that has successfully carried out multiple 
     studies producing rigorous evidence of effectiveness; and
       (II) a proposed study design that is likely to produce 
     rigorous evidence of the effectiveness of the strategy.

       (iii) Approval.--Before a grant is awarded under this 
     section, the evaluator and study design of a grantee shall be 
     approved by the employee of the National Institute of Justice 
     hired or assigned under subsection (c).
       (4) Date of award.--Not later than 6 months after the date 
     of receiving recommendations relating to a subcategory from 
     the Commission under section 404(f), the Director of the 
     National Institute of Justice shall award all grants under 
     this section relating to that subcategory.
       (5) Type of grants.--One-third of the grants made under 
     this section shall be made in each subcategory. In 
     distributing grants, the recommendations of the Commission 
     under section 404(f) shall be considered.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated $18,000,000 to carry out this subsection.
       (c) Dedicated Staff.--
       (1) In general.--The Director of the National Institute of 
     Justice shall hire or assign a full-time employee to oversee 
     the grants under this section.
       (2) Study oversight.--The employee of the National 
     Institute of Justice hired or assigned under paragraph (1) 
     shall be responsible for ensuring that grantees adhere to the 
     study design approved before the applicable grant was 
     awarded.
       (3) Liaison.--The employee of the National Institute of 
     Justice hired or assigned under paragraph (1) may be used as 
     a liaison between the Commission and the recipients of a 
     grant under this section. That employee shall be responsible 
     for ensuring timely cooperation with Commission requests.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated $150,000 for each of fiscal years 2009 
     through 2013 to carry out this subsection.
       (d) Applications.--A public or private entity desiring a 
     grant under this section shall submit an application at such 
     time, in such manner, and accompanied by such information as 
     the Director of the National Institute of Justice may 
     reasonably require.
       (e) Cooperation With the Commission.--Grant recipients 
     shall cooperate with the Commission in providing them with 
     full information on the progress of the strategy being 
     carried out with a grant under this section, including--
       (1) hosting visits by the members of the Commission to the 
     site where the activities under the strategy are being 
     carried out;
       (2) providing pertinent information on the logistics of 
     establishing the strategy for which the grant under this 
     section was received, including details on partnerships, 
     selection of participants, and any efforts to publicize the 
     strategy; and
       (3) responding to any specific inquiries that may be made 
     by the Commission.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Ms. Snowe, Mr. Lieberman, Mrs. 
        Boxer, Mr. Nelson of Florida, Mr. Kerry, and Mr. Specter):
  S. 133. A bill to prohibit any recipient of emergency Federal 
economic assistance from using such funds for lobbying expenditures or 
political contributions, to improve transparency, enhance 
accountability, encourage responsible corporate governance, and for 
other purposes; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and Senator 
Snowe to introduce legislation that will increase transparency, 
strengthen oversight, and require firms receiving financial lifelines 
from the Federal Government to practice responsible corporate 
governance.
  Our bill--the Troubled Asset Relief Program Transparency Reporting 
Act--will achieve four essential objectives, prohibit firms receiving 
loans from the Federal Reserve or participating in the Troubled Asset 
Relief Program, TARP, from using this money for lobbying expenditures 
or political contributions; require that firms receiving government 
assistance provide detailed, publicly available quarterly reports to 
Treasury outlining how taxpayer dollars have been used; establish 
corporate governance standards to ensure that firms receiving Federal 
assistance do not waste money on unnecessary expenditures; and create 
penalties of at least $100,000 per violation for firms that fail to 
meet the corporate governance standards established in the bill.
  The need for such legislation has become very apparent in the 3 
months since Congress approved the economic rescue plan.
  The economic rescue legislation passed in October includes several 
oversight boards and accountability provisions to ensure that public 
funds are effectively distributed. But, it does not include any 
reporting requirements for firms that receive Federal dollars.
  This is a significant omission, especially given the amount of 
Federal money that some firms are receiving.
  The Treasury Department has committed to purchasing $250 billion of 
preferred stock in financial institutions. More than 200 financial 
institutions have received roughly $188 billion. Of these funds, $125 
billion was allocated to nine large national banks.
  In addition to injecting capital into banks, American Insurance 
Group, AIG, has received an additional $40 billion and CitiGroup has 
received $20 billion of TARP funds.
  Last month, GM received more than $10 billion in financing through 
the recently implemented Automotive Industry Financing Program.
  This effectively means that the entirety of the first $350 billion of 
rescue funds has been spent.
  When you add up all of the taxpayer dollars put on the line--from $30 
billion provided to Bear Stearns in March, $200 billion available to 
Fannie Mae and Freddie Mac, $150 billion to AIG, $700 billion for TARP, 
plus the direct lending programs at the Federal Reserve--we are talking 
about well over 1 trillion Federal dollars.
  I certainly don't think it is unreasonable for the public to know how 
their money is being spent, and I am not the only Member of Congress or 
elected official who feels this way.
  In response to questions posed by the Congressional Oversight Panel 
for Economic Stabilization, the Treasury Department noted that it was 
committed to rigorous oversight of executive compensation packages. 
This may be the case, but executive compensation is only the beginning.
  While I am pleased that CEOs at some financial institutions that 
accepted Federal assistance did not accept their annual bonuses last 
year, we still do not have an official accounting of how Federal funds 
were used.
  Certainly Americans deserve assurances that struggling firms will not 
use public funds to pay exorbitant salaries or bonuses.
  The same can be said for these funds going towards dividend payments, 
or mergers and acquisitions.
  The Government Accountability Office, GAO, has reported that the 
Treasury Department had no strong accountability or oversight function 
to ensure that banks were using rescue assistance with the best 
interests of the public in mind.
  It noted that Treasury had little ability to ensure that 
participating firms complied with laws already limiting executive 
compensation and conflicts of interest.
  An investigation last month by the Associated Press found that many 
banks that have accepted Federal assistance are not able to say with 
certainty exactly how they have used the

[[Page 157]]

money. Some of these banks would not even discuss the issue.
  We cannot be sure that the rescue funds are being used to stabilize 
the economy if banks are not keeping proper accounting of their use, 
and those that do will not disclose it.
  Shining light on how firms use public dollars not only makes good 
sense, but it will also act as a deterrent to irresponsible behavior.
  On October 16, 2008, the Wall Street Journal reported that AIG, which 
received billions of dollars in Federal rescue funds, was continuing to 
lobby State regulators to delay implementation of strengthened 
licensing standards for mortgage brokers and lenders.
  AIG was lobbying against sensible standards created by the SAFE 
Mortgage Licensing Act. This bill, introduced by Senator Martinez and 
myself, established basic minimum regulations for the mortgage industry 
to ensure consumers were adequately protected.
  Before this bill, in some States virtually anyone--even those with 
criminal records--could go out and get a mortgage broker's license.
  Left unchecked, and with no regulations to stop them, unscrupulous 
mortgage brokers and lenders flooded the markets with subprime loans 
that they knew would never be paid back.
  Of course, this has served as one of the catalysts for our current 
economic predicament.
  And now AIG, propped up by billions in Government money after having 
succumbed to bad investments, was lobbying against the strong 
enforcement of State laws that might have helped prevent this 
catastrophe in the first place.
  Senator Martinez and I wrote a letter to AIG and, to the company's 
credit, CEO Edward Liddy immediately suspended the company's lobbying 
operations.
  I find it completely unacceptable that taxpayer dollars intended to 
stabilize the economy could find their way into the bank accounts of 
lobbying firms. The legislation which I am reintroducing today will 
make sure that does not happen.
  I do not mean to pick on AIG, but they have also been the poster 
child for wasteful spending by rescued firms.
  In September 2008, just days after receiving an $85 billion Federal 
lifeline, the management of AIG treated itself to a $444,000 spa 
weekend at the St. Regis resort in Monarch Beach, California. This 
included $200,000 for rooms, $150,000 for fine dining and $23,000 in 
spa charges.
  AIG executives spent the last 2 days of September 2008 on a golf 
outing at Mandalay Bay in Las Vegas at a cost of up to $500,000. They 
were planning to follow this with a few days at the Ritz Carlton in 
Half Moon Bay, but cancelled after it hit the news and drew fire from 
congressional leaders.
  As news of these wasteful expenditures was making headlines, AIG 
received another $37.8 billion in emergency loans from the Federal 
Government.
  Shortly thereafter, the Associated Press reported that--even as AIG 
was asking Congress for these loans--AIG executives were spending 
$86,000 on a pheasant hunting expedition in England. During the trip, 
they stayed at a 17th century manor.
  One AIG executive named Sebastian Preil was quoted as saying that: 
``The recession will go on until about 2011, but the shooting was great 
today and we are relaxing fine.''
  Once these lapses in judgment came to light, AIG chief executive 
Edward Liddy informed Congress that he was putting an end to all 
nonessential expenditures. Yet weeks later, an undercover news crew 
caught AIG executives at the Hilton Squaw Peak Resort in Phoenix, 
hosting a seminar for financial planners complete with cocktails and 
limousines.
  One would think that a brush with collapse and total failure might 
have a sobering effect on some of these firms.
  But this penchant for wasteful junkets in the face of complete 
failure was not unique to AIG.
  Following enactment of TARP, news reports have uncovered multiple 
instances in which rescued firms have been caught making unnecessary 
and outrageous expenditures, leading many taxpayers to question why 
these firms are receiving Federal assistance in the first place.
  In November, Treasury Secretary Paulson announced that the $700 
billion approved by Congress to stabilize financial markets would not 
be used to purchase illiquid assets but rather to make direct capital 
injections into financial institutions.
  Given this new mission, the need for additional transparency and 
disclosure is striking.
  We have learned that we cannot necessarily count on these firms and 
their executives to act sensibly and do what is right.
  The public needs to know that their tax dollars are being put to good 
use.
  A simple ``trust me'' from the bank executives is not enough.
  Americans are struggling, and the pain in my State of California, 
where unemployment is 8.4 percent, and foreclosure filings exceeded 
750,000 last year, is especially acute.
  This bill puts in place commonsense solutions to fix some of the 
deficiencies in the economic stabilization bill.
  This legislation is significant and sorely needed.
  We must act soon to help restore confidence in this effort and shed 
light on how public funds are used. We promised the American people 
transparency and oversight, and this legislation will make good on that 
promise.
  I hope my colleagues will join me to ensure that taxpayer dollars are 
spent efficiently and responsibly.
                                 ______
                                 
      By Mr. KERRY (for himself, Ms. Snowe, and Mrs. Lincoln):
  S. 138. A bill to amend the Internal Revenue Code of 1986 to repeal 
alternative minimum tax limitations on private activity bond interest, 
and for other purposes; to the Committee on Finance.
  Mr. KERRY. Mr. President, today Senator Snowe and I are introduce 
legislation to exempt private activity bond interest from the 
alternative minimum tax, AMT. My colleague from Massachusetts, 
Representative Richard Neal has introduced similar legislation. Under 
current law, interest paid on private activity bonds is subject to the 
alternative minimum tax. This results in the bonds not being very 
marketable in these difficult economic times.
  Making private activity bonds no longer subject to the AMT would help 
with the issuance of bonds. This legislation would assist in needed 
relief to State and local governments across the Nation. It would 
provide more buyers to the market, resulting in interest savings for 
issuers, and ultimately taxpayers.
  Subjecting private activity bond interest to the AMT could cost an 
issuer 25 to 30 more basis points when issuing an AMT bond compared to 
a non-AMT bond. However, the recent freezing of the municipal credit 
market has led the difference to rise as much as 100 basis points. This 
results in increased costs for various infrastructure projects 
including airports, docks and other transportation-related facilities; 
water, sewer and other utility facilities; and solid and hazardous 
waste disposal facilities.
  Last Congress, I worked on a provision to exempt the interest from 
private activity housing bonds from the AMT and this provision was 
included in the Housing and Economic Recovery Act of 2008. The 
legislation Senator Snowe and I are introducing builds on this 
provision by exempting interest from all private activity bonds from 
the AMT.
  I believe this legislation will help spur the economy and create 
jobs. This legislation will provide better funding options for 
essential infrastructure projects and create jobs across the country. I 
look forward to working with my colleagues on this important 
legislation.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 139. A bill to require Federal agencies, and persons engaged in 
interstate commerce, in possession of data containing sensitive 
personally identifiable information, to disclose any breach of such 
information; to the Committee on the Judiciary.

[[Page 158]]


  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Data Breach 
Notification Act.
  This is a commonsense bill that is aimed at protecting personal 
information and preventing identity theft. The bill would require 
businesses and government agencies to notify individuals when their 
sensitive personal information has been exposed in a data breach.
  As many of you know, I have been urging the Senate to adopt this 
legislation since 2003, when California first imposed a State 
notification requirement.
  That legislation has helped consumers in my State. Federal data 
breach law would provide uniformity and protect consumers throughout 
the country.
  With every year that passes, the evidence in support of this 
legislation has only continued to mount.
  The cost of identity theft is enormous--estimated at more than $50 
billion per year. Some of the costs fall on businesses and banks, which 
suffer losses from fraudulent transactions. Some of the costs are also 
borne by consumers, whose finances and credit ratings are disrupted.
  Since the beginning of 2005, over 240 million data records containing 
individuals' sensitive personal data have been exposed in data 
breaches.
  It seems that not a week goes by without news of another security 
breach that exposes names, addresses, birth dates, social security 
numbers, or other personal data.
  These breaches have spawned a vast online market in stolen 
identities. Today, each person whose identity is sold on the internet 
faces a high risk of becoming a victim of identity theft. Each of them 
faces the expensive and time-consuming nightmare of trying to restore 
their finances and credit ratings.
  According to a report by the Identity Theft Resource Center, the news 
media reported more than 620 breaches involving personal information 
during 2008. That works out to about one data security breach every 14 
hours--and those are just the ones that are big enough to be covered in 
the media.
  Recent reports of security breaches involving sensitive personal data 
point out the extent of the problem.
  In December 2008, during a website development project at the Florida 
Agency for Workforce Innovation, the Social Security numbers of more 
than a quarter of a million people were accidentally posted online.
  In August of last year, an employee working weekends at Countrywide 
copied customer records from an office computer and then sold the 
personal information of an estimated 2,000,000 mortgage applicants.
  In May of 2007, a breach at the Transportation Security 
Administration made the names, Social Security numbers, birth dates, 
payroll information, and bank account information of more than 100,000 
former employees vulnerable to theft or sale.
  In January of that same year, hackers accessed information held by 
TJX stores, including more than 45 million credit card numbers and more 
than 455,000 merchandise records containing customers' drivers license 
numbers.
  In May of 2006, there was a breach at the Department of Veterans 
Affairs that involved the names, birth dates, and Social Security 
numbers of every veteran discharged from the military since 1975--more 
than 28 million veterans--every veteran discharged from the military 
since 1975.
  Another disturbing example took place last year at the State 
Department when the passport files of Senator Clinton, Senator McCain, 
and Senator Obama--the three leading presidential contenders at the 
time--were accessed by contractors working for the Department. Though 
the Department knew about the breaches right away, several months 
passed before our colleagues were told about the problem.
  Unfortunately, this delay is not surprising--because there is 
currently nothing to require a Federal agency to tell us when a 
security breach affects our personal data.
  That needs to change. That's what my bill does.
  Specifically, this legislation requires the Federal Government and 
private businesses to notify individuals when there has been a security 
breach involving their sensitive personal data; ensures that the notice 
is provided without unreasonable delay; creates very limited exceptions 
to notification for national security and law enforcement purposes, and 
when law enforcement certifies that there is there is no significant 
risk of harm to the individual; establishes penalties against those who 
do not provide the required notice. The provisions of the bill would be 
enforced by the Federal and State attorneys general; and pre-empts 
State laws so that there is a single, nationwide notification 
requirement.
  Data security breaches have real consequences. For one thing, they 
are bad for business because they lead to a loss of confidence--
especially in online commerce. A 2005 survey for Consumer Reports 
showed that 25 percent of Internet users stopped shopping online 
because of fears about identity theft. Of people who still shopped 
online, 29 percent said that they had cut back on how often they buy 
products on the Internet.
  Data breaches also pose serious harms for consumers. A November 2007 
report from the Federal Trade Commission revealed that identity theft 
victims spent as much as $5,000 of their own money--and as many as 
1,200 hours of their time--recovering from the harm to their finances 
caused by identity theft.
  While not all data breaches lead to identity theft, the cost of 
stolen identities is so enormous that we should be doing everything we 
can to solve this problem.
  The situation requires action. While Congress has been slow to act, 
the States have not. In the almost 6 years since the California law 
took effect, 43 States, the District of Columbia, Puerto Rico, and the 
Virgin Islands have passed similar laws.
  A report issued by the Federal Trade Commission in December 2008 
noted that these State data breach notification laws have had several 
indirect benefits; many businesses across the country have strengthened 
their safeguard practices in order to avoid data breaches.
  By forcing companies to consider the potential cost and liability 
that may ensue if information is compromised in a data breach, these 
laws have the indirect benefit of motivating companies to reassess 
their need to collect personally identifiable information in the first 
place.
  The same benefits would flow from Federal legislation. Additionally, 
the Data Breach Notification Act would improve the law by creating a 
single, uniform national standard.
  A September 2008 report issued by the President's Identity Theft Task 
Force again emphasized the need for a unified Federal standard to 
replace the patchwork of varied state laws currently in place. The 
December 2008 FTC report made the same point.
  A Federal bill will simplify the process of compliance and 
notification for businesses, while ensuring that all consumers get the 
information they need as soon as possible when breaches happen.
  We have already waited too long. The Judiciary Committee endorsed 
this bill unanimously during the last Congress. The epidemic of data 
breaches in our nation continues unabated. This is a commonsense bill 
that we should take action on now.
  I urge the Senate to pass the Data Breach Notification Act to give 
Americans the information they need to protect themselves from identity 
theft.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 139

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Data Breach Notification 
     Act''.

     SEC. 2. NOTICE TO INDIVIDUALS.

       (a) In General.--Any agency, or business entity engaged in 
     interstate commerce, that

[[Page 159]]

     uses, accesses, transmits, stores, disposes of or collects 
     sensitive personally identifiable information shall, 
     following the discovery of a security breach of such 
     information notify any resident of the United States whose 
     sensitive personally identifiable information has been, or is 
     reasonably believed to have been, accessed, or acquired.
       (b) Obligation of Owner or Licensee.--
       (1) Notice to owner or licensee.--Any agency, or business 
     entity engaged in interstate commerce, that uses, accesses, 
     transmits, stores, disposes of, or collects sensitive 
     personally identifiable information that the agency or 
     business entity does not own or license shall notify the 
     owner or licensee of the information following the discovery 
     of a security breach involving such information.
       (2) Notice by owner, licensee or other designated third 
     party.--Nothing in this Act shall prevent or abrogate an 
     agreement between an agency or business entity required to 
     give notice under this section and a designated third party, 
     including an owner or licensee of the sensitive personally 
     identifiable information subject to the security breach, to 
     provide the notifications required under subsection (a).
       (3) Business entity relieved from giving notice.--A 
     business entity obligated to give notice under subsection (a) 
     shall be relieved of such obligation if an owner or licensee 
     of the sensitive personally identifiable information subject 
     to the security breach, or other designated third party, 
     provides such notification.
       (c) Timeliness of Notification.--
       (1) In general.--All notifications required under this 
     section shall be made without unreasonable delay following 
     the discovery by the agency or business entity of a security 
     breach.
       (2) Reasonable delay.--Reasonable delay under this 
     subsection may include any time necessary to determine the 
     scope of the security breach, prevent further disclosures, 
     and restore the reasonable integrity of the data system and 
     provide notice to law enforcement when required.
       (3) Burden of proof.--The agency, business entity, owner, 
     or licensee required to provide notification under this 
     section shall have the burden of demonstrating that all 
     notifications were made as required under this Act, including 
     evidence demonstrating the reasons for any delay.
       (d) Delay of Notification Authorized for Law Enforcement 
     Purposes.--
       (1) In general.--If a Federal law enforcement agency 
     determines that the notification required under this section 
     would impede a criminal investigation, such notification 
     shall be delayed upon written notice from such Federal law 
     enforcement agency to the agency or business entity that 
     experienced the breach.
       (2) Extended delay of notification.--If the notification 
     required under subsection (a) is delayed pursuant to 
     paragraph (1), an agency or business entity shall give notice 
     30 days after the day such law enforcement delay was invoked 
     unless a Federal law enforcement agency provides written 
     notification that further delay is necessary.
       (3) Law enforcement immunity.--No cause of action shall lie 
     in any court against any law enforcement agency for acts 
     relating to the delay of notification for law enforcement 
     purposes under this Act.

     SEC. 3. EXEMPTIONS.

       (a) Exemption for National Security and Law Enforcement.--
       (1) In general.--Section 2 shall not apply to an agency or 
     business entity if the agency or business entity certifies, 
     in writing, that notification of the security breach as 
     required by section 2 reasonably could be expected to--
       (A) cause damage to the national security; or
       (B) hinder a law enforcement investigation or the ability 
     of the agency to conduct law enforcement investigations.
       (2) Limits on certifications.--An agency or business entity 
     may not execute a certification under paragraph (1) to--
       (A) conceal violations of law, inefficiency, or 
     administrative error;
       (B) prevent embarrassment to a business entity, 
     organization, or agency; or
       (C) restrain competition.
       (3) Notice.--In every case in which an agency or business 
     entity issues a certification under paragraph (1), the 
     certification, accompanied by a description of the factual 
     basis for the certification, shall be immediately provided to 
     the United States Secret Service.
       (4) Secret service review of certifications.--
       (A) In general.--The United States Secret Service may 
     review a certification provided by an agency under paragraph 
     (3), and shall review a certification provided by a business 
     entity under paragraph (3), to determine whether an exemption 
     under paragraph (1) is merited. Such review shall be 
     completed not later than 10 business days after the date of 
     receipt of the certification, except as provided in paragraph 
     (5)(C).
       (B) Notice.--Upon completing a review under subparagraph 
     (A) the United States Secret Service shall immediately notify 
     the agency or business entity, in writing, of its 
     determination of whether an exemption under paragraph (1) is 
     merited.
       (C) Exemption.--The exemption under paragraph (1) shall not 
     apply if the United States Secret Service determines under 
     this paragraph that the exemption is not merited.
       (5) Additional authority of the secret service.--
       (A) In general.--In determining under paragraph (4) whether 
     an exemption under paragraph (1) is merited, the United 
     States Secret Service may request additional information from 
     the agency or business entity regarding the basis for the 
     claimed exemption, if such additional information is 
     necessary to determine whether the exemption is merited.
       (B) Required compliance.--Any agency or business entity 
     that receives a request for additional information under 
     subparagraph (A) shall cooperate with any such request.
       (C) Timing.--If the United States Secret Service requests 
     additional information under subparagraph (A), the United 
     States Secret Service shall notify the agency or business 
     entity not later than 10 business days after the date of 
     receipt of the additional information whether an exemption 
     under paragraph (1) is merited.
       (b) Safe Harbor.--
       (1) In general.--An agency or business entity shall be 
     exempt from the notice requirements under section 2, if--
       (A) a risk assessment concludes that there is no 
     significant risk that a security breach has resulted in, or 
     will result in, harm to the individual whose sensitive 
     personally identifiable information was subject to the 
     security breach;
       (B) without unreasonable delay, but not later than 45 days 
     after the discovery of a security breach (unless extended by 
     the United States Secret Service), the agency or business 
     entity notifies the United States Secret Service, in writing, 
     of--
       (i) the results of the risk assessment; and
       (ii) its decision to invoke the risk assessment exemption; 
     and
       (C) the United States Secret Service does not indicate, in 
     writing, and not later than 10 business days after the date 
     of receipt of the decision described in subparagraph (B)(ii), 
     that notice should be given.
       (2) Presumptions.--There shall be a presumption that no 
     significant risk of harm to the individual whose sensitive 
     personally identifiable information was subject to a security 
     breach if such information--
       (A) was encrypted; or
       (B) was rendered indecipherable through the use of best 
     practices or methods, such as redaction, access controls, or 
     other such mechanisms, that are widely accepted as an 
     effective industry practice, or an effective industry 
     standard.
       (c) Financial Fraud Prevention Exemption.--
       (1) In general.--A business entity will be exempt from the 
     notice requirement under section 2 if the business entity 
     utilizes or participates in a security program that--
       (A) is designed to block the use of the sensitive 
     personally identifiable information to initiate unauthorized 
     financial transactions before they are charged to the account 
     of the individual; and
       (B) provides for notice to affected individuals after a 
     security breach that has resulted in fraud or unauthorized 
     transactions.
       (2) Limitation.--The exemption by this subsection does not 
     apply if--
       (A) the information subject to the security breach includes 
     sensitive personally identifiable information, other than a 
     credit card number or credit card security code, of any type; 
     or
       (B) the information subject to the security breach includes 
     both the individual's credit card number and the individual's 
     first and last name.

     SEC. 4. METHODS OF NOTICE.

       An agency, or business entity shall be in compliance with 
     section 2 if it provides both:
       (1) Individual notice.--
       (A) Written notification to the last known home mailing 
     address of the individual in the records of the agency or 
     business entity;
       (B) telephone notice to the individual personally; or
       (C) e-mail notice, if the individual has consented to 
     receive such notice and the notice is consistent with the 
     provisions permitting electronic transmission of notices 
     under section 101 of the Electronic Signatures in Global and 
     National Commerce Act (15 U.S.C. 7001).
       (2) Media notice.--Notice to major media outlets serving a 
     State or jurisdiction, if the number of residents of such 
     State whose sensitive personally identifiable information 
     was, or is reasonably believed to have been, acquired by an 
     unauthorized person exceeds 5,000.

     SEC. 5. CONTENT OF NOTIFICATION.

       (a) In General.--Regardless of the method by which notice 
     is provided to individuals under section 4, such notice shall 
     include, to the extent possible--
       (1) a description of the categories of sensitive personally 
     identifiable information that was, or is reasonably believed 
     to have been, acquired by an unauthorized person;
       (2) a toll-free number--
       (A) that the individual may use to contact the agency or 
     business entity, or the agent of the agency or business 
     entity; and

[[Page 160]]

       (B) from which the individual may learn what types of 
     sensitive personally identifiable information the agency or 
     business entity maintained about that individual; and
       (3) the toll-free contact telephone numbers and addresses 
     for the major credit reporting agencies.
       (b) Additional Content.--Notwithstanding section 10, a 
     State may require that a notice under subsection (a) shall 
     also include information regarding victim protection 
     assistance provided for by that State.

     SEC. 6. COORDINATION OF NOTIFICATION WITH CREDIT REPORTING 
                   AGENCIES.

       If an agency or business entity is required to provide 
     notification to more than 5,000 individuals under section 
     2(a), the agency or business entity shall also notify all 
     consumer reporting agencies that compile and maintain files 
     on consumers on a nationwide basis (as defined in section 
     603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)) 
     of the timing and distribution of the notices. Such notice 
     shall be given to the consumer credit reporting agencies 
     without unreasonable delay and, if it will not delay notice 
     to the affected individuals, prior to the distribution of 
     notices to the affected individuals.

     SEC. 7. NOTICE TO LAW ENFORCEMENT.

       (a) Secret Service.--Any business entity or agency shall 
     notify the United States Secret Service of the fact that a 
     security breach has occurred if--
       (1) the number of individuals whose sensitive personally 
     identifying information was, or is reasonably believed to 
     have been acquired by an unauthorized person exceeds 10,000;
       (2) the security breach involves a database, networked or 
     integrated databases, or other data system containing the 
     sensitive personally identifiable information of more than 
     1,000,000 individuals nationwide;
       (3) the security breach involves databases owned by the 
     Federal Government; or
       (4) the security breach involves primarily sensitive 
     personally identifiable information of individuals known to 
     the agency or business entity to be employees and contractors 
     of the Federal Government involved in national security or 
     law enforcement.
       (b) Notice to Other Law Enforcement Agencies.--The United 
     States Secret Service shall be responsible for notifying--
       (1) the Federal Bureau of Investigation, if the security 
     breach involves espionage, foreign counterintelligence, 
     information protected against unauthorized disclosure for 
     reasons of national defense or foreign relations, or 
     Restricted Data (as that term is defined in section 11y of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for 
     offenses affecting the duties of the United States Secret 
     Service under section 3056(a) of title 18, United States 
     Code;
       (2) the United States Postal Inspection Service, if the 
     security breach involves mail fraud; and
       (3) the attorney general of each State affected by the 
     security breach.
       (c) Timing of Notices.--The notices required under this 
     section shall be delivered as follows:
       (1) Notice under subsection (a) shall be delivered as 
     promptly as possible, but not later than 14 days after 
     discovery of the events requiring notice.
       (2) Notice under subsection (b) shall be delivered not 
     later than 14 days after the United States Secret Service 
     receives notice of a security breach from an agency or 
     business entity.

     SEC. 8. ENFORCEMENT.

       (a) Civil Actions by the Attorney General.--The Attorney 
     General may bring a civil action in the appropriate United 
     States district court against any business entity that 
     engages in conduct constituting a violation of this Act and, 
     upon proof of such conduct by a preponderance of the 
     evidence, such business entity shall be subject to a civil 
     penalty of not more than $1,000 per day per individual whose 
     sensitive personally identifiable information was, or is 
     reasonably believed to have been, accessed or acquired by an 
     unauthorized person, up to a maximum of $1,000,000 per 
     violation, unless such conduct is found to be willful or 
     intentional.
       (b) Injunctive Actions by the Attorney General.--
       (1) In general.--If it appears that a business entity has 
     engaged, or is engaged, in any act or practice constituting a 
     violation of this Act, the Attorney General may petition an 
     appropriate district court of the United States for an 
     order--
       (A) enjoining such act or practice; or
       (B) enforcing compliance with this Act.
       (2) Issuance of order.--A court may issue an order under 
     paragraph (1), if the court finds that the conduct in 
     question constitutes a violation of this Act.
       (c) Other Rights and Remedies.--The rights and remedies 
     available under this Act are cumulative and shall not affect 
     any other rights and remedies available under law.
       (d) Fraud Alert.--Section 605A(b)(1) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681c-1(b)(1)) is amended by 
     inserting ``, or evidence that the consumer has received 
     notice that the consumer's financial information has or may 
     have been compromised,'' after ``identity theft report''.

     SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--
       (1) Civil actions.--In any case in which the attorney 
     general of a State or any State or local law enforcement 
     agency authorized by the State attorney general or by State 
     statute to prosecute violations of consumer protection law, 
     has reason to believe that an interest of the residents of 
     that State has been or is threatened or adversely affected by 
     the engagement of a business entity in a practice that is 
     prohibited under this Act, the State or the State or local 
     law enforcement agency on behalf of the residents of the 
     agency's jurisdiction, may bring a civil action on behalf of 
     the residents of the State or jurisdiction in a district 
     court of the United States of appropriate jurisdiction or any 
     other court of competent jurisdiction, including a State 
     court, to--
       (A) enjoin that practice;
       (B) enforce compliance with this Act; or
       (C) obtain civil penalties of not more than $1,000 per day 
     per individual whose sensitive personally identifiable 
     information was, or is reasonably believed to have been, 
     accessed or acquired by an unauthorized person, up to a 
     maximum of $1,000,000 per violation, unless such conduct is 
     found to be willful or intentional.
       (2) Notice.--
       (A) In general.--Before filing an action under paragraph 
     (1), the attorney general of the State involved shall provide 
     to the Attorney General of the United States--
       (i) written notice of the action; and
       (ii) a copy of the complaint for the action.
       (B) Exemption.--
       (i) In general.--Subparagraph (A) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this Act, if the State attorney general 
     determines that it is not feasible to provide the notice 
     described in such subparagraph before the filing of the 
     action.
       (ii) Notification.--In an action described in clause (i), 
     the attorney general of a State shall provide notice and a 
     copy of the complaint to the Attorney General at the time the 
     State attorney general files the action.
       (b) Federal Proceedings.--Upon receiving notice under 
     subsection (a)(2), the Attorney General shall have the right 
     to--
       (1) move to stay the action, pending the final disposition 
     of a pending Federal proceeding or action;
       (2) initiate an action in the appropriate United States 
     district court under section 8 and move to consolidate all 
     pending actions, including State actions, in such court;
       (3) intervene in an action brought under subsection (a)(2); 
     and
       (4) file petitions for appeal.
       (c) Pending Proceedings.--If the Attorney General has 
     instituted a proceeding or action for a violation of this Act 
     or any regulations thereunder, no attorney general of a State 
     may, during the pendency of such proceeding or action, bring 
     an action under this Act against any defendant named in such 
     criminal proceeding or civil action for any violation that is 
     alleged in that proceeding or action.
       (d) Rule of Construction.--For purposes of bringing any 
     civil action under subsection (a), nothing in this Act 
     regarding notification shall be construed to prevent an 
     attorney general of a State from exercising the powers 
     conferred on such attorney general by the laws of that State 
     to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.
       (e) Venue; Service of Process.--
       (1) Venue.--Any action brought under subsection (a) may be 
     brought in--
       (A) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (B) another court of competent jurisdiction.
       (2) Service of process.--In an action brought under 
     subsection (a), process may be served in any district in 
     which the defendant--
       (A) is an inhabitant; or
       (B) may be found.
       (f) No Private Cause of Action.--Nothing in this Act 
     establishes a private cause of action against a business 
     entity for violation of any provision of this Act.

     SEC. 10. EFFECT ON FEDERAL AND STATE LAW.

       The provisions of this Act shall supersede any other 
     provision of Federal law or any provision of law of any State 
     relating to notification by a business entity engaged in 
     interstate commerce or an agency of a security breach, except 
     as provided in section 5(b).

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to cover the costs incurred by the United States 
     Secret Service to carry out investigations and risk 
     assessments of security breaches as required under this Act.

     SEC. 12. REPORTING ON RISK ASSESSMENT EXEMPTIONS.

       (a) In General.--The United States Secret Service shall 
     report to Congress not later than 18 months after the date of 
     enactment

[[Page 161]]

     of this Act, and upon the request by Congress thereafter, 
     on--
       (1) the number and nature of the security breaches 
     described in the notices filed by those business entities 
     invoking the risk assessment exemption under section 3(b) of 
     this Act and the response of the United States Secret Service 
     to such notices; and
       (2) the number and nature of security breaches subject to 
     the national security and law enforcement exemptions under 
     section 3(a) of this Act.
       (b) Report.--Any report submitted under subsection (a) 
     shall not disclose the contents of any risk assessment 
     provided to the United States Secret Service under this Act.

     SEC. 13. DEFINITIONS.

       In this Act, the following definitions shall apply:
       (1) Agency.--The term ``agency'' has the same meaning given 
     such term in section 551 of title 5, United States Code.
       (2) Affiliate.--The term ``affiliate'' means persons 
     related by common ownership or by corporate control.
       (3) Business entity.--The term ``business entity'' means 
     any organization, corporation, trust, partnership, sole 
     proprietorship, unincorporated association, venture 
     established to make a profit, or nonprofit, and any 
     contractor, subcontractor, affiliate, or licensee thereof 
     engaged in interstate commerce.
       (4) Encrypted.--The term ``encrypted''--
       (A) means the protection of data in electronic form, in 
     storage or in transit, using an encryption technology that 
     has been adopted by an established standards setting body 
     which renders such data indecipherable in the absence of 
     associated cryptographic keys necessary to enable decryption 
     of such data; and
       (B) includes appropriate management and safeguards of such 
     cryptographic keys so as to protect the integrity of the 
     encryption.
       (5) Personally identifiable information.--The term 
     ``personally identifiable information'' means any 
     information, or compilation of information, in electronic or 
     digital form serving as a means of identification, as defined 
     by section 1028(d)(7) of title 18, United State Code.
       (6) Security breach.--
       (A) In general.--The term ``security breach'' means 
     compromise of the security, confidentiality, or integrity of 
     computerized data through misrepresentation or actions that 
     result in, or there is a reasonable basis to conclude has 
     resulted in, acquisition of or access to sensitive personally 
     identifiable information that is unauthorized or in excess of 
     authorization.
       (B) Exclusion.--The term ``security breach'' does not 
     include--
       (i) a good faith acquisition of sensitive personally 
     identifiable information by a business entity or agency, or 
     an employee or agent of a business entity or agency, if the 
     sensitive personally identifiable information is not subject 
     to further unauthorized disclosure; or
       (ii) the release of a public record not otherwise subject 
     to confidentiality or nondisclosure requirements.
       (7) Sensitive personally identifiable information.--The 
     term ``sensitive personally identifiable information'' means 
     any information or compilation of information, in electronic 
     or digital form that includes--
       (A) an individual's first and last name or first initial 
     and last name in combination with any 1 of the following data 
     elements:
       (i) A non-truncated social security number, driver's 
     license number, passport number, or alien registration 
     number.
       (ii) Any 2 of the following:

       (I) Home address or telephone number.
       (II) Mother's maiden name, if identified as such.
       (III) Month, day, and year of birth.

       (iii) Unique biometric data such as a finger print, voice 
     print, a retina or iris image, or any other unique physical 
     representation.
       (iv) A unique account identifier, electronic identification 
     number, user name, or routing code in combination with any 
     associated security code, access code, or password that is 
     required for an individual to obtain money, goods, services 
     or any other thing of value; or
       (B) a financial account number or credit or debit card 
     number in combination with any security code, access code or 
     password that is required for an individual to obtain credit, 
     withdraw funds, or engage in a financial transaction.

     SEC. 14. EFFECTIVE DATE.

       This Act shall take effect on the expiration of the date 
     which is 90 days after the date of enactment of this Act.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 140. A bill to modify the requirements applicable to locatable 
minerals on public domain lands, consistent with the principles of 
self-initiation of mining claims, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
that will help address the threats to public health and safety caused 
by abandoned hardrock mines.
  There are as many as 500,000 abandoned mines strewn across the 
western states--47,000 alone are found on California's public lands.
  The scope of this problem is huge.
  In the past two years, eight accidents at abandoned mine sites were 
reported in California. Throughout the United States, at least 37 
deaths occurred between 1999 and 2007 and the potential for more is 
ominous.
  Basic remediation efforts, such as warning signs and fencing, can 
provide protection.
  However, some abandoned mines pose a more serious threat. 
Environmental impact studies have shown that important watersheds are 
being polluted by high levels of harmful minerals, such as mercury, 
lead, arsenic and asbestos. In California alone, seventeen watersheds 
have been affected.
  Yet not enough is being done to clean up these dangerous Gold Rush-
era mines.
  The bill that I am introducing today is not intended to be a 
comprehensive hardrock mining bill, but it is an important piece of the 
reform needed.
  The Abandoned Mine Reclamation Act of 2009 will reform the 1872 
Mining Law by establishing fees to support abandoned mine clean up; 
establishing a royalty payment system; and creating an Abandoned Mine 
Clean up Fund.
  Unlike the coal industry, the metal mining industry does not pay to 
clean up its legacy of abandoned mines, making lack of funding the 
primary obstacle to abandoned hardrock mine clean up.
  This legislation would help fund the clean up of abandoned mines by 
placing an Abandoned Mine Reclamation fee on all hardrock minerals, 
using the underground coal industry fee program as a model. 
Specifically, it would create a 0.3 percent reclamation fee on the 
gross value of all hardrock mineral mining, including mining on 
Federal, State, tribal, local and private lands.
  The condition of abandoned coal mines has greatly improved since the 
Surface Mining Control and Reclamation Act of 1977 established a fee to 
finance restoration of land abandoned or inadequately restored by coal 
mining companies.
  This fund has been able to raise billions of dollars for coal mine 
reclamation--and I believe that a similar program could be part of the 
solution to hardrock abandoned mine clean up.
  This legislation establishes a royalty fee on Hardrock Mining Claims.
  Companies that mine for gold and silver on Federal lands are not 
currently required to pay any royalties to the Federal Government--even 
though we are experiencing near record high gold prices.
  These companies should be required to pay their fair share.
  The Abandoned Mine Reclamation Act establishes an 8 percent royalty 
on new mining operations located on Federal lands, and a 4 percent 
royalty for existing operations.
  The legislation I am introducing today also creates an Abandoned Mine 
Fund.
  In these times of budget deficits, it's clear that we will not be 
able to simply appropriate the funds necessary to clean up the hundreds 
of thousands of abandoned hard rock mines.
  So, this legislation will create an abandoned mine clean up fund to 
ensure that we have a lasting source of funding for this critical clean 
up effort.
  Specifically, the fund will direct the royalties, as well as other 
payments collected from mining operations, and dedicate them to the 
clean up of abandoned hardrock mines.
  I recognize the important role that mining has played in California's 
history. The discovery of gold at Sutter Mill near Placerville, 
California in 1848 was a defining moment for my State and the U.S.
  It is fair to say that without mining and the Gold Rush, California 
and the entire country would be a far different place than it is today.
  The history of mining in California, however, is tarnished by the 
legacy of tens of thousands of abandoned mines. In particular, 
abandoned mine sites on Federal lands.
  A recent report from the Department of the Interior's Inspector 
General underscores the scope and the urgency of

[[Page 162]]

 the abandoned mine problem on public lands--in particular, those 
managed by the Bureau of Land Management and the National Park Service.
  The report concluded that public health and safety have been 
compromised by mismanagement, funding shortfalls and systematic 
neglect.
  The report found the potential for more deaths and injuries is 
ominous. A number of abandoned mine sites on public lands present an 
immediate danger due to open shafts, collapsing mine walls, and rotting 
structures. Some have deadly gases that accumulate in underground 
passages. And others leach hazardous chemicals like arsenic, lead and 
mercury into groundwater.
   The Bureau of Land Management's abandoned mines program has been 
neglected and understaffed. In some cases, staff were told by their 
supervisors to ignore these problems; and those who did come forward to 
identify contaminated sites were criticized or outright threatened.
  The scope of the problem is less severe at the National Parks 
Service. But perennial funding shortfalls impede the clean up of known 
abandoned mines.
  At the heart of the problem is a century-old law signed by President 
Ulysses S. Grant to promote the settlement of publicly-owned lands in 
the western states.
  The 1872 Mining Law created national standards for hardrock mining 
operations on Federal public lands; however, it has not been 
substantially updated for 137 years. Under this outdated framework, the 
hardrock mining industry does not pay royalties for minerals taken from 
Federal land and is not obligated to share in the cost of clean up for 
abandoned mines. Since the enactment of this law, hundreds of thousands 
of mines have been abandoned.
  Congress needs to move swiftly to address this issue before more 
damage and accidents occur.
  Though this legislation is a significant step forward for the funding 
of abandoned mines, I know that there is much more mining reform to be 
done.
  I look forward to working with my colleagues to modernize our 
Nation's mining laws and accelerate the clean up of dangerous abandoned 
mines.
   Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 140

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Abandoned 
     Mine Reclamation Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions and references.
Sec. 3. Application rules.

              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

Sec. 101. Royalty.
Sec. 102. Hardrock mining claim maintenance fee.
Sec. 103. Reclamation fee.
Sec. 104. Effect of payments for use and occupancy of claims.

                 TITLE II--ABANDONED MINE CLEANUP FUND

Sec. 201. Establishment of Fund.
Sec. 202. Contents of Fund.
Sec. 203. Use and objectives of the Fund.
Sec. 204. Eligible lands and waters.
Sec. 205. Expenditures.
Sec. 206. Availability of amounts.

                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

     SEC. 2. DEFINITIONS AND REFERENCES.

       (a) In General.--As used in this Act:
       (1) The term ``affiliate'' means with respect to any 
     person, any of the following:
       (A) Any person who controls, is controlled by, or is under 
     common control with such person.
       (B) Any partner of such person.
       (C) Any person owning at least 10 percent of the voting 
     shares of such person.
       (2) The term ``applicant'' means any person applying for a 
     permit under this Act or a modification to or a renewal of a 
     permit under this Act.
       (3) The term ``beneficiation'' means the crushing and 
     grinding of locatable mineral ore and such processes as are 
     employed to free the mineral from other constituents, 
     including but not necessarily limited to, physical and 
     chemical separation techniques.
       (4) The term ``claim holder'' means a person holding a 
     mining claim, millsite claim, or tunnel site claim located 
     under the general mining laws and maintained in compliance 
     with such laws and this Act. Such term may include an agent 
     of a claim holder.
       (5) The term ``control'' means having the ability, directly 
     or indirectly, to determine (without regard to whether 
     exercised through one or more corporate structures) the 
     manner in which an entity conducts mineral activities, 
     through any means, including without limitation, ownership 
     interest, authority to commit the entity's real or financial 
     assets, position as a director, officer, or partner of the 
     entity, or contractual arrangement.
       (6) The term ``exploration''--
       (A) subject to subparagraphs (B) and (C), means creating 
     surface disturbance other than casual use, to evaluate the 
     type, extent, quantity, or quality of minerals present;
       (B) includes mineral activities associated with sampling, 
     drilling, and analyzing locatable mineral values; and
       (C) does not include extraction of mineral material for 
     commercial use or sale.
       (7) The term ``Federal land'' means any land, and any 
     interest in land, that is owned by the United States and open 
     to location of mining claims under the general mining laws.
       (8) The term ``hardrock mineral'' has the meaning given the 
     term ``locatable mineral'' except that legal and beneficial 
     title to the mineral need not be held by the United States.
       (9) The term ``Indian lands'' means lands held in trust for 
     the benefit of an Indian tribe or individual or held by an 
     Indian tribe or individual subject to a restriction by the 
     United States against alienation.
       (10) The term ``Indian tribe'' means any Indian tribe, 
     band, nation, pueblo, or other organized group or community, 
     including any Alaska Native village or regional corporation 
     as defined in or established pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.), that is 
     recognized as eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians.
       (11) The term ``locatable mineral''--
       (A) subject to subparagraph (B), means any mineral, the 
     legal and beneficial title to which remains in the United 
     States and that is not subject to disposition under any of--
       (i) the Mineral Leasing Act (30 U.S.C. 181 et seq.);
       (ii) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 
     seq.);
       (iii) the Act of July 31, 1947, commonly known as the 
     Materials Act of 1947 (30 U.S.C. 601 et seq.); or
       (iv) the Mineral Leasing for Acquired Lands Act (30 U.S.C. 
     351 et seq.); and
       (B) does not include any mineral that is subject to a 
     restriction against alienation imposed by the United States 
     and is--
       (i) held in trust by the United States for any Indian or 
     Indian tribe, as defined in section 2 of the Indian Mineral 
     Development Act of 1982 (25 U.S.C. 2101); or
       (ii) owned by any Indian or Indian tribe, as defined in 
     that section.
       (12) The term ``mineral activities'' means any activity on 
     a mining claim, millsite claim, or tunnel site claim for, 
     related to, or incidental to, mineral exploration, mining, 
     beneficiation, processing, or reclamation activities for any 
     locatable mineral.
       (13) The term ``operator'' means any person proposing or 
     authorized by a permit issued under this Act to conduct 
     mineral activities and any agent of such person.
       (14) The term ``person'' means an individual, Indian tribe, 
     partnership, association, society, joint venture, joint stock 
     company, firm, company, corporation, cooperative, or other 
     organization and any instrumentality of State or local 
     government including any publicly owned utility or publicly 
     owned corporation of State or local government.
       (15) The term ``processing'' means processes downstream of 
     beneficiation employed to prepare locatable mineral ore into 
     the final marketable product, including but not limited to 
     smelting and electrolytic refining.
       (16) The term ``Secretary'' means the Secretary of the 
     Interior, unless otherwise specified.
       (17) The term ``temporary cessation'' means a halt in mine-
     related production activities for a continuous period of no 
     longer than 5 years.
       (b) References to Other Laws.--(1) Any reference in this 
     Act to the term general mining laws is a reference to those 
     Acts that generally comprise chapters 2, 12A, and 16, and 
     sections 161 and 162, of title 30, United States Code.
       (2) Any reference in this Act to the Act of July 23, 1955, 
     is a reference to the Act entitled ``An Act to amend the Act 
     of July 31, 1947 (61 Stat. 681) and the mining laws to 
     provide for multiple use of the surface of the same tracts of 
     the public lands, and for other purposes'' (30 U.S.C. 601 et 
     seq.).

     SEC. 3. APPLICATION RULES.

       (a) In General.--This Act applies to any mining claim, 
     millsite claim, or tunnel site claim located under the 
     general mining laws, before, on, or after the date of 
     enactment of this Act, except as provided in subsection (b).

[[Page 163]]

       (b) Preexisting Claims.--(1) Any unpatented mining claim or 
     millsite claim located under the general mining laws before 
     the date of enactment of this Act for which a plan of 
     operation has not been approved or a notice filed prior to 
     the date of enactment shall, upon the effective date of this 
     Act, be subject to the requirements of this Act, except as 
     provided in paragraph (2).
       (2)(A) If a plan of operations is approved for mineral 
     activities on any claim or site referred to in paragraph (1) 
     prior to the date of enactment of this Act but such 
     operations have not commenced prior to the date of enactment 
     of this Act--
       (i) during the 10-year period beginning on the date of 
     enactment of this Act, mineral activities at such claim or 
     site shall be subject to such plan of operations;
       (ii) during such 10-year period, modifications of any such 
     plan may be made in accordance with the provisions of law 
     applicable prior to the enactment of this Act if such 
     modifications are deemed minor by the Secretary concerned; 
     and
       (iii) the operator shall bring such mineral activities into 
     compliance with this Act by the end of such 10-year period.
       (B) Where an application for modification of a plan of 
     operations referred to in subparagraph (A)(ii) has been 
     timely submitted and an approved plan expires prior to 
     Secretarial action on the application, mineral activities and 
     reclamation may continue in accordance with the terms of the 
     expired plan until the Secretary makes an administrative 
     decision on the application.
       (c) Federal Lands Subject to Existing Permit.--(1) Any 
     Federal land shall be subject to the requirements of section 
     101(a)(2) if the land is--
       (A) subject to an operations permit; and
       (B) producing valuable locatable minerals in commercial 
     quantities prior to the date of enactment of this Act.
       (2) Any Federal land added through a plan modification to 
     an operations permit on Federal land that is submitted after 
     the date of enactment of this Act shall be subject to the 
     terms of section 101(a)(3).
       (d) Application of Act to Beneficiation and Processing of 
     Non-Federal Minerals on Federal Lands.--The provisions of 
     this Act shall apply in the same manner and to the same 
     extent to mining claims, millsite claims, and tunnel site 
     claims used for beneficiation or processing activities for 
     any mineral without regard to whether or not the legal and 
     beneficial title to the mineral is held by the United States. 
     This subsection applies only to minerals that are locatable 
     minerals or minerals that would be locatable minerals if the 
     legal and beneficial title to such minerals were held by the 
     United States.

              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

     SEC. 101. ROYALTY.

       (a) Reservation of Royalty.--
       (1) In general.--Except as provided in paragraph (2) and 
     subject to paragraph (3), production of all locatable 
     minerals from any mining claim located under the general 
     mining laws and maintained in compliance with this Act, or 
     mineral concentrates or products derived from locatable 
     minerals from any such mining claim, as the case may be, 
     shall be subject to a royalty of 8 percent of the gross 
     income from mining. The claim holder or any operator to whom 
     the claim holder has assigned the obligation to make royalty 
     payments under the claim and any person who controls such 
     claim holder or operator shall be liable for payment of such 
     royalties.
       (2) Royalty for federal lands subject to existing permit.--
     The royalty under paragraph (1) shall be 4 percent in the 
     case of any Federal land that--
       (A) is subject to an operations permit on the date of the 
     enactment of this Act; and
       (B) produces valuable locatable minerals in commercial 
     quantities on the date of enactment of this Act.
       (3) Federal land added to existing operations permit.--Any 
     Federal land added through a plan modification to an 
     operations permit that is submitted after the date of 
     enactment of this Act shall be subject to the royalty that 
     applies to Federal land under paragraph (1).
       (4) Deposit.--Amounts received by the United States as 
     royalties under this subsection shall be deposited into the 
     Abandoned Mine Cleanup Fund established by section 201(a).
       (b) Duties of Claim Holders, Operators, and Transporters.--
     (1) A person--
       (A) who is required to make any royalty payment under this 
     section shall make such payments to the United States at such 
     times and in such manner as the Secretary may by rule 
     prescribe; and
       (B) shall notify the Secretary, in the time and manner as 
     may be specified by the Secretary, of any assignment that 
     such person may have made of the obligation to make any 
     royalty or other payment under a mining claim.
       (2) Any person paying royalties under this section shall 
     file a written instrument, together with the first royalty 
     payment, affirming that such person is responsible for making 
     proper payments for all amounts due for all time periods for 
     which such person has a payment responsibility. Such 
     responsibility for the periods referred to in the preceding 
     sentence shall include any and all additional amounts billed 
     by the Secretary and determined to be due by final agency or 
     judicial action. Any person liable for royalty payments under 
     this section who assigns any payment obligation shall remain 
     jointly and severally liable for all royalty payments due for 
     the claim for the period.
       (3) A person conducting mineral activities shall--
       (A) develop and comply with the site security provisions in 
     the operations permit designed to protect from theft the 
     locatable minerals, concentrates or products derived 
     therefrom which are produced or stored on a mining claim, and 
     such provisions shall conform with such minimum standards as 
     the Secretary may prescribe by rule, taking into account the 
     variety of circumstances on mining claims; and
       (B) not later than the 5th business day after production 
     begins anywhere on a mining claim, or production resumes 
     after more than 90 days after production was suspended, 
     notify the Secretary, in the manner prescribed by the 
     Secretary, of the date on which such production has begun or 
     resumed.
       (4) The Secretary may by rule require any person engaged in 
     transporting a locatable mineral, concentrate, or product 
     derived therefrom to carry on his or her person, in his or 
     her vehicle, or in his or her immediate control, 
     documentation showing, at a minimum, the amount, origin, and 
     intended destination of the locatable mineral, concentrate, 
     or product derived therefrom in such circumstances as the 
     Secretary determines is appropriate.
       (c) Recordkeeping and Reporting Requirements.--A claim 
     holder, operator, or other person directly involved in 
     developing, producing, processing, transporting, purchasing, 
     or selling locatable minerals, concentrates, or products 
     derived therefrom, subject to this Act, through the point of 
     royalty computation shall establish and maintain any records, 
     make any reports, and provide any information that the 
     Secretary may reasonably require for the purposes of 
     implementing this section or determining compliance with 
     rules or orders under this section. Such records shall 
     include, but not be limited to, periodic reports, records, 
     documents, and other data. Such reports may also include, but 
     not be limited to, pertinent technical and financial data 
     relating to the quantity, quality, composition volume, 
     weight, and assay of all minerals extracted from the mining 
     claim. Upon the request of any officer or employee duly 
     designated by the Secretary conducting an audit or 
     investigation pursuant to this section, the appropriate 
     records, reports, or information that may be required by this 
     section shall be made available for inspection and 
     duplication by such officer or employee. Failure by a claim 
     holder, operator, or other person referred to in the first 
     sentence to cooperate with such an audit, provide data 
     required by the Secretary, or grant access to information 
     may, at the discretion of the Secretary, result in 
     involuntary forfeiture of the claim.
       (d) Audits.--The Secretary is authorized to conduct such 
     audits of all claim holders, operators, transporters, 
     purchasers, processors, or other persons directly or 
     indirectly involved in the production or sales of minerals 
     covered by this Act, as the Secretary deems necessary for the 
     purposes of ensuring compliance with the requirements of this 
     section. For purposes of performing such audits, the 
     Secretary shall, at reasonable times and upon request, have 
     access to, and may copy, all books, papers and other 
     documents that relate to compliance with any provision of 
     this section by any person.
       (e) Cooperative Agreements.--(1) The Secretary is 
     authorized to enter into cooperative agreements with the 
     Secretary of Agriculture to share information concerning the 
     royalty management of locatable minerals, concentrates, or 
     products derived therefrom, to carry out inspection, 
     auditing, investigation, or enforcement (not including the 
     collection of royalties, civil or criminal penalties, or 
     other payments) activities under this section in cooperation 
     with the Secretary, and to carry out any other activity 
     described in this section.
       (2) Except as provided in paragraph (3) of this subsection 
     (relating to trade secrets), and pursuant to a cooperative 
     agreement, the Secretary of Agriculture shall, upon request, 
     have access to all royalty accounting information in the 
     possession of the Secretary respecting the production, 
     removal, or sale of locatable minerals, concentrates, or 
     products derived therefrom from claims on lands open to 
     location under this Act.
       (3) Trade secrets, proprietary, and other confidential 
     information protected from disclosure under section 552 of 
     title 5, United States Code, popularly known as the Freedom 
     of Information Act, shall be made available by the Secretary 
     to other Federal agencies as necessary to assure compliance 
     with this Act and other Federal laws. The Secretary, the 
     Secretary of Agriculture, the Administrator of the 
     Environmental Protection Agency, and other Federal officials 
     shall ensure that such information is provided protection in 
     accordance with the requirements of that section.
       (f) Interest and Substantial Underreporting Assessments.--
     (1) In the case of

[[Page 164]]

     mining claims where royalty payments are not received by the 
     Secretary on the date that such payments are due, the 
     Secretary shall charge interest on such underpayments at the 
     same interest rate as the rate applicable under section 
     6621(a)(2) of the Internal Revenue Code of 1986. In the case 
     of an underpayment, interest shall be computed and charged 
     only on the amount of the deficiency and not on the total 
     amount.
       (2) If there is any underreporting of royalty owed on 
     production from a claim for any production month by any 
     person liable for royalty payments under this section, the 
     Secretary shall assess a penalty of not greater than 25 
     percent of the amount of that underreporting.
       (3) For the purposes of this subsection, the term 
     ``underreporting'' means the difference between the royalty 
     on the value of the production that should have been reported 
     and the royalty on the value of the production which was 
     reported, if the value that should have been reported is 
     greater than the value that was reported.
       (4) The Secretary may waive or reduce the assessment 
     provided in paragraph (2) of this subsection if the person 
     liable for royalty payments under this section corrects the 
     underreporting before the date such person receives notice 
     from the Secretary that an underreporting may have occurred, 
     or before 90 days after the date of the enactment of this 
     section, whichever is later.
       (5) The Secretary shall waive any portion of an assessment 
     under paragraph (2) of this subsection attributable to that 
     portion of the underreporting for which the person 
     responsible for paying the royalty demonstrates that--
       (A) such person had written authorization from the 
     Secretary to report royalty on the value of the production on 
     basis on which it was reported;
       (B) such person had substantial authority for reporting 
     royalty on the value of the production on the basis on which 
     it was reported;
       (C) such person previously had notified the Secretary, in 
     such manner as the Secretary may by rule prescribe, of 
     relevant reasons or facts affecting the royalty treatment of 
     specific production which led to the underreporting; or
       (D) such person meets any other exception which the 
     Secretary may, by rule, establish.
       (6) All penalties collected under this subsection shall be 
     deposited in the Abandoned Mine Cleanup Fund established by 
     section 201(a).
       (g) Delegation.--For the purposes of this section, the term 
     ``Secretary'' means the Secretary of the Interior acting 
     through the Director of the Minerals Management Service.
       (h) Expanded Royalty Obligations.--Each person liable for 
     royalty payments under this section shall be jointly and 
     severally liable for royalty on all locatable minerals, 
     concentrates, or products derived therefrom lost or wasted 
     from a mining claim located under the general mining laws and 
     maintained in compliance with this Act when such loss or 
     waste is due to negligence on the part of any person or due 
     to the failure to comply with any rule, regulation, or order 
     issued under this section.
       (i) Gross Income From Mining Defined.--For the purposes of 
     this section, for any locatable mineral, the term ``gross 
     income from mining'' has the same meaning as the term ``gross 
     income'' in section 613(c) of the Internal Revenue Code of 
     1986.
       (j) Effective Date.--The royalty under this section shall 
     take effect with respect to the production of locatable 
     minerals after the enactment of this Act, but any royalty 
     payments attributable to production during the first 12 
     calendar months after the enactment of this Act shall be 
     payable at the expiration of such 12-month period.
       (k) Failure To Comply With Royalty Requirements.--Any 
     person who fails to comply with the requirements of this 
     section or any regulation or order issued to implement this 
     section shall be liable for a civil penalty under section 109 
     of the Federal Oil and Gas Royalty Management Act (30 U.S.C. 
     1719) to the same extent as if the claim located under the 
     general mining laws and maintained in compliance with this 
     Act were a lease under that Act.

     SEC. 102. HARDROCK MINING CLAIM MAINTENANCE FEE.

       (a) Fee.--
       (1) Except as provided in section 2511(e)(2) of the Energy 
     Policy Act of 1992 (relating to oil shale claims), for each 
     unpatented mining claim, mill or tunnel site on federally 
     owned lands, whether located before, on, or after enactment 
     of this Act, each claimant shall pay to the Secretary, on or 
     before August 31 of each year, a claim maintenance fee of 
     $300 per claim to hold such unpatented mining claim, mill or 
     tunnel site for the assessment year beginning at noon on the 
     next day, September 1. Such claim maintenance fee shall be in 
     lieu of the assessment work requirement contained in the 
     Mining Law of 1872 (30 U.S.C. 28 et seq.) and the related 
     filing requirements contained in section 314(a) and (c) of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1744(a) and (c)).
       (2)(A) The claim maintenance fee required under this 
     subsection shall be waived for a claimant who certifies in 
     writing to the Secretary that on the date the payment was 
     due, the claimant and all related parties--
       (i) held not more than 10 mining claims, mill sites, or 
     tunnel sites, or any combination thereof, on public lands; 
     and
       (ii) have performed assessment work required under the 
     Mining Law of 1872 (30 U.S.C. 28 et seq.) to maintain the 
     mining claims held by the claimant and such related parties 
     for the assessment year ending on noon of September 1 of the 
     calendar year in which payment of the claim maintenance fee 
     was due.
       (B) For purposes of subparagraph (A), with respect to any 
     claimant, the term ``all related parties'' means--
       (i) the spouse and dependent children (as defined in 
     section 152 of the Internal Revenue Code of 1986), of the 
     claimant; or
       (ii) a person affiliated with the claimant, including--
       (I) a person controlled by, controlling, or under common 
     control with the claimant; or
       (II) a subsidiary or parent company or corporation of the 
     claimant.
       (3)(A) The Secretary shall adjust the fees required by this 
     subsection to reflect changes in the Consumer Price Index 
     published by the Bureau of Labor Statistics of the Department 
     of Labor every 5 years after the date of enactment of this 
     Act, or more frequently if the Secretary determines an 
     adjustment to be reasonable.
       (B) The Secretary shall provide claimants notice of any 
     adjustment made under this paragraph not later than July 1 of 
     any year in which the adjustment is made.
       (C) A fee adjustment under this paragraph shall begin to 
     apply the calendar year following the calendar year in which 
     it is made.
       (4) Moneys received under this subsection that are not 
     otherwise allocated for the administration of the mining laws 
     by the Department of the Interior shall be deposited in the 
     Abandoned Mine Cleanup Fund established by section 201(a).
       (b) Location.--
       (1) Notwithstanding any provision of law, for every 
     unpatented mining claim, mill or tunnel site located after 
     the date of enactment of this Act and before September 30, 
     1998, the locator shall, at the time the location notice is 
     recorded with the Bureau of Land Management, pay to the 
     Secretary a location fee, in addition to the fee required by 
     subsection (a) of $50 per claim.
       (2) Moneys received under this subsection that are not 
     otherwise allocated for the administration of the mining laws 
     by the Department of the Interior shall be deposited in the 
     Abandoned Mine Cleanup Fund established by section 201(a).
       (c) Transfer.--
       (1) Notwithstanding any provision of law, for every 
     unpatented mining claim, mill, or tunnel site the ownership 
     interest of which is transferred after the date of enactment 
     of this Act, the transferee shall, at the time the transfer 
     document is recorded with the Bureau of Land Management, pay 
     to the Secretary a transfer fee, in addition to the fee 
     required by subsection (a) of $100 per claim.
       (2) Moneys received under this subsection that are not 
     otherwise allocated for the administration of the mining laws 
     by the Department of the Interior shall be deposited in the 
     Abandoned Mine Cleanup Fund established by section 201(a).
       (d) Co-Ownership.--The co-ownership provisions of the 
     Mining Law of 1872 (30 U.S.C. 28 et seq.) will remain in 
     effect except that the annual claim maintenance fee, where 
     applicable, shall replace applicable assessment requirements 
     and expenditures.
       (e) Failure To Pay.--Failure to pay the claim maintenance 
     fee as required by subsection (a) shall conclusively 
     constitute a forfeiture of the unpatented mining claim, mill 
     or tunnel site by the claimant and the claim shall be deemed 
     null and void by operation of law.
       (f) Other Requirements.--
       (1) Nothing in this section shall change or modify the 
     requirements of section 314(b) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1744(b)), or the 
     requirements of section 314(c) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1744(c)) related to filings 
     required by section 314(b) of that Act, which remain in 
     effect.
       (2) Section 2324 of the Revised Statutes of the United 
     States (30 U.S.C. 28) is amended by inserting ``or section 
     102 of the Abandoned Mine Reclamation Act of 2009'' after 
     ``Act of 1993,''.

     SEC. 103. RECLAMATION FEE.

       (a) Imposition of Fee.--
       (1) In general.--Except as provided in paragraph (2), each 
     operator of a hardrock minerals mining operation shall pay to 
     the Secretary, for deposit in the Abandoned Mine Cleanup Fund 
     established by section 201(a), a reclamation fee of 0.3 
     percent of the gross income of the hardrock minerals mining 
     operation for each calendar year.
       (2) Exception.--With respect to any calendar year required 
     under subsection (b), an operator of a hardrock minerals 
     mining operation shall not be required to pay the reclamation 
     fee under paragraph (1) if--
       (A) the gross annual income of the hardrock minerals mining 
     operation for the calendar year is an amount less than 
     $500,000; and
       (B) the hardrock minerals mining operation is comprised 
     of--

[[Page 165]]

       (i) 1 or more hardrock mineral mines located in a single 
     patented claim; or
       (ii) 2 or more contiguous patented claims.
       (b) Payment Deadline.--The reclamation fee shall be paid 
     not later than 60 days after the end of each calendar year 
     beginning with the first calendar year occurring after the 
     date of enactment of this Act.
       (c) Deposit of Revenues.--Amounts received by the Secretary 
     under subsection (a)(1) shall be deposited into the Abandoned 
     Mine Cleanup Fund established by section 201(a).
       (d) Effect.--Nothing in this section requires a reduction 
     in, or otherwise affects, any similar fee required under any 
     law (including regulations) of any State.

     SEC. 104. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.

       Timely payment of the claim maintenance fee required by 
     section 102(a) of this Act or any related law relating to the 
     use of Federal land, asserts the claimant's authority to use 
     and occupy the Federal land concerned for prospecting and 
     exploration, consistent with the requirements of this Act and 
     other applicable law.

                 TITLE II--ABANDONED MINE CLEANUP FUND

     SEC. 201. ESTABLISHMENT OF FUND.

       (a) Establishment.--There is established on the books of 
     the Treasury of the United States a separate account to be 
     known as the Abandoned Mine Cleanup Fund (hereinafter in this 
     title referred to as the ``Fund'').
       (b) Investment.--The Secretary shall notify the Secretary 
     of the Treasury as to what portion of the Fund is not, in the 
     Secretary's judgment, required to meet current withdrawals. 
     The Secretary of the Treasury shall invest such portion of 
     the Fund in public debt securities with maturities suitable 
     for the needs of such Fund and bearing interest at rates 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding 
     marketplace obligations of the United States of comparable 
     maturities.

     SEC. 202. CONTENTS OF FUND.

       The following amounts shall be credited to the Fund:
       (1) All donations by persons, corporations, associations, 
     and foundations for the purposes of this title.
       (2) All amounts deposited in the Fund under section 101 
     (relating to royalties and penalties for underreporting).
       (3) All amounts received by the United States pursuant to 
     section 102 as claim maintenance, location, and transfer fees 
     minus the moneys allocated for administration of the mining 
     laws by the Department of the Interior.
       (4) All amounts received by the Secretary in accordance 
     with section 103(a).
       (5) All income on investments under section 201(b).

     SEC. 203. USE AND OBJECTIVES OF THE FUND.

       (a) In General.--The Secretary is authorized, without 
     further appropriation, to use moneys in the Fund for the 
     reclamation and restoration of land and water resources 
     adversely affected by past mineral activities on lands the 
     legal and beneficial title to which resides in the United 
     States, land within the exterior boundary of any national 
     forest system unit, or other lands described in subsection 
     (d), including any of the following:
       (1) Protecting public health and safety.
       (2) Preventing, abating, treating, and controlling water 
     pollution created by abandoned mine drainage, including in 
     river watershed areas.
       (3) Reclaiming and restoring abandoned surface and 
     underground mined areas.
       (4) Reclaiming and restoring abandoned milling and 
     processing areas.
       (5) Backfilling, sealing, or otherwise controlling, 
     abandoned underground mine entries.
       (6) Revegetating land adversely affected by past mineral 
     activities in order to prevent erosion and sedimentation, to 
     enhance wildlife habitat, and for any other reclamation 
     purpose.
       (7) Controlling of surface subsidence due to abandoned 
     underground mines.
       (b) Allocation.--Expenditures of moneys from the Fund shall 
     reflect the following priorities in the order stated:
       (1) The protection of public health and safety, from 
     extreme danger from the adverse effects of past mineral 
     activities, especially as relates to surface water and 
     groundwater contaminants.
       (2) The protection of public health and safety, from the 
     adverse effects of past mineral activities.
       (3) The restoration of land, water, and fish and wildlife 
     resources previously degraded by the adverse effects of past 
     mineral activities, which may include restoration activities 
     in river watershed areas.
       (c) Habitat.--Reclamation and restoration activities under 
     this title, particularly those identified under subsection 
     (a)(4), shall include appropriate mitigation measures to 
     provide for the continuation of any established habitat for 
     wildlife in existence prior to the commencement of such 
     activities.
       (d) Other Affected Lands.--Where mineral exploration, 
     mining, beneficiation, processing, or reclamation activities 
     have been carried out with respect to any mineral which would 
     be a locatable mineral if the legal and beneficial title to 
     the mineral were in the United States, if such activities 
     directly affect lands managed by the Bureau of Land 
     Management as well as other lands and if the legal and 
     beneficial title to more than 50 percent of the affected 
     lands resides in the United States, the Secretary is 
     authorized, subject to appropriations, to use moneys in the 
     Fund for reclamation and restoration under subsection (a) for 
     all directly affected lands.
       (e) Response or Removal Actions.--Reclamation and 
     restoration activities under this title which constitute a 
     removal or remedial action under section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601), shall be conducted 
     with the concurrence of the Administrator of the 
     Environmental Protection Agency. The Secretary and the 
     Administrator shall enter into a Memorandum of Understanding 
     to establish procedures for consultation, concurrence, 
     training, exchange of technical expertise and joint 
     activities under the appropriate circumstances, that provide 
     assurances that reclamation or restoration activities under 
     this title shall not be conducted in a manner that increases 
     the costs or likelihood of removal or remedial actions under 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.), and that 
     avoid oversight by multiple agencies to the maximum extent 
     practicable.

     SEC. 204. ELIGIBLE LANDS AND WATERS.

       (a) Eligibility.--Reclamation expenditures under this title 
     may be made with respect to Federal, State, local, tribal, 
     and private land or water resources that traverse or are 
     contiguous to Federal, State, local, tribal, or private land 
     where such lands or water resources have been affected by 
     past mineral activities, including any of the following:
       (1) Lands and water resources which were used for, or 
     affected by, mineral activities and abandoned or left in an 
     inadequate reclamation status before the effective date of 
     this Act.
       (2) Lands for which the Secretary makes a determination 
     that there is no continuing reclamation responsibility of a 
     claim holder, operator, or other person who abandoned the 
     site prior to completion of required reclamation under State 
     or other Federal laws.
       (b) Specific Sites and Areas Not Eligible.--The provisions 
     of section 411(d) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1240a(d)) shall apply to 
     expenditures made from the Fund.
       (c) Inventory.--
       (1) In general.--The Secretary shall prepare and maintain a 
     publicly available inventory of abandoned locatable minerals 
     mines on public lands and any abandoned mine on Indian lands 
     that may be eligible for expenditures under this title, and 
     shall deliver a yearly report to the Congress on the progress 
     in cleanup of such sites.
       (2) Priority.--In preparing and maintaining the inventory 
     described in paragraph (1), the Secretary shall give priority 
     to abandoned locatable minerals mines in accordance with 
     section 203(b).
       (3) Periodic updates.--Not later than 5 years after the 
     date of enactment of this Act, and every 5 years thereafter, 
     the Secretary shall update the inventory described in 
     paragraph (1).

     SEC. 205. EXPENDITURES.

       Moneys available from the Fund may be expended for the 
     purposes specified in section 203 directly by the Director of 
     the Office of Surface Mining Reclamation and Enforcement. The 
     Director may also make such money available for such purposes 
     to the Director of the Bureau of Land Management, the Chief 
     of the United States Forest Service, the Director of the 
     National Park Service, or Director of the United States Fish 
     and Wildlife Service, to any other agency of the United 
     States, to an Indian tribe, or to any public entity that 
     volunteers to develop and implement, and that has the ability 
     to carry out, all or a significant portion of a reclamation 
     program under this title.

     SEC. 206. AVAILABILITY OF AMOUNTS.

       Amounts credited to the Fund shall--
       (1) be available, without further appropriation, for 
     obligation and expenditure; and
       (2) remain available until expended.

                       TITLE III--EFFECTIVE DATE

     SEC. 301. EFFECTIVE DATE.

       This Act shall take effect on the date of enactment of this 
     Act, except as otherwise provided in this Act.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Gregg, and Ms. Snowe):
  S. 141. A bill to amend title 18, United States Code, to limit the 
misuse of Social Security numbers, to establish criminal penalties for 
such misuse, and for other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to introduce legislation 
to protect one of Americans' most valuable but vulnerable assets: 
Social Security numbers.
  The bill I am introducing today aims to protect individual privacy 
and prevent identity theft by eliminating the

[[Page 166]]

unnecessary use and display of Social Security numbers.
  I have been working since the 106th Congress to safeguard Social 
Security numbers. I believe that the widespread display and use of 
these numbers poses a significant, and entirely preventable threat to 
personal privacy.
  In 1935, Congress authorized the Social Security Administration to 
issue Social Security numbers as part of the Social Security program. 
Since that time, Social Security numbers have become the best-known and 
easiest way to identify individuals in the United States.
  Use of these numbers has expanded well beyond their original purpose. 
Social Security numbers are now used for everything from credit checks 
to rental agreements to employment verifications, among other purposes. 
They can be found in privately held databases and on public records--
including marriage licenses, professional certifications, and countless 
other public documents--many of which are available on the Internet.
  Once accessed, the numbers act like keys--allowing thieves to open 
credit card and bank accounts and even begin applying for government 
benefits.
  According to the Federal Trade Commission, as many as 10 million 
Americans have their identities stolen by such thieves each year--at a 
combined cost of billions of dollars.
  What's worse, victims often do not realize that a theft has occurred 
until much later, when they learn that their credit has been destroyed 
by unpaid debt on fraudulently opened accounts.
  One thief stole a retired Army captain's military identification card 
and used his Social Security number, listed on the card, to go on a 6-
month, $260,000 shopping spree. By the time the Army captain realized 
what had happened, the thief had opened more than 60 fraudulent 
accounts.
  A single mother of two went to file her taxes and learned that a 
fraudulent return had already been filed in her name by someone else--a 
thief who wanted her refund check.
  A former pro-football player received a phone call notifying him that 
a $1 million home mortgage loan had been approved in his name even 
though he had never applied for such a loan.
  Identity theft is serious. Once an individual's identity is stolen, 
people are often subjected to countless hours and costs attempting to 
regain their good name and credit. In 2004, victims spent an average of 
300 hours recovering from the crime. The crime disrupts lives and can 
destroy finances.
  It also hurts business. A 2006 online survey by the Business Software 
Alliance and Harris Interactive found that nearly 30 percent of adults 
decided to shop online less or not at all during the holiday season 
because of fears about identity theft.
  When people's identities are stolen, they often do not know how the 
thieves obtained their personal information. Social security numbers 
and other key identifying data are displayed and used in such a 
widespread manner that individuals could not successfully restrict 
access themselves.
  Comprehensive limitations on the display of Social Security numbers 
are critically needed.
  The U.S. Government Accountability Office conducted studies of this 
problem in 2002 and 2007. Both times--in studies entitled ``Social 
Security numbers Are Widely Used by Government and Could Be Better 
Protected'' and ``Social Security numbers: Use Is Widespread and Could 
Be Improved''--the GAO concluded that current protections are 
insufficient and that serious vulnerabilities remain.
  The Protecting the Privacy of Social Security Numbers Act would 
require government agencies and businesses to do more to protect 
Americans' Social Security numbers. The bill would stop the sale or 
display of a person's Social Security number without his or her express 
consent; prevent Federal, State and local governments from displaying 
Social Security numbers on public records posted on the Internet; 
prohibit the printing of Social Security numbers on government checks; 
prohibit the employing of inmates for tasks that give them access to 
the Social Security numbers of other individuals; limit the 
circumstances in which businesses could ask a customer for his or her 
Social Security number; commission a study by the Attorney General 
regarding the current uses of Social Security numbers and the impact on 
privacy and data security; and institute criminal and civil penalties 
for misuse of Social Security numbers.
  This legislation is simple. It is also critical to stopping the 
growing epidemic of identity theft that has been plaguing America and 
its citizens.
  As the President's Identity Theft Task Force reported last year, 
``[i]dentity theft depends on access to . . . data. Reducing the 
opportunities for thieves to get the data is critical to fighting the 
crime.''
  Every agency to study this problem has agreed that the problem will 
continue to grow over time and that action is needed.
  I urge my colleagues to support the Protecting the Privacy of Social 
Security Numbers Act. Mr. President, I ask unanimous consent that the 
text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 141

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protecting 
     the Privacy of Social Security Numbers Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Prohibition of the display, sale, or purchase of Social 
              Security numbers.
Sec. 4. Application of prohibition of the display, sale, or purchase of 
              Social Security numbers to public records.
Sec. 5. Rulemaking authority of the Attorney General.
Sec. 6. Treatment of Social Security numbers on government documents.
Sec. 7. Limits on personal disclosure of a Social Security number for 
              consumer transactions.
Sec. 8. Extension of civil monetary penalties for misuse of a Social 
              Security number.
Sec. 9. Criminal penalties for the misuse of a Social Security number.
Sec. 10. Civil actions and civil penalties.
Sec. 11. Federal injunctive authority.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The inappropriate display, sale, or purchase of Social 
     Security numbers has contributed to a growing range of 
     illegal activities, including fraud, identity theft, and, in 
     some cases, stalking and other violent crimes.
       (2) While financial institutions, health care providers, 
     and other entities have often used Social Security numbers to 
     confirm the identity of an individual, the general display to 
     the public, sale, or purchase of these numbers has been used 
     to commit crimes, and also can result in serious invasions of 
     individual privacy.
       (3) The Federal Government requires virtually every 
     individual in the United States to obtain and maintain a 
     Social Security number in order to pay taxes, to qualify for 
     Social Security benefits, or to seek employment. An 
     unintended consequence of these requirements is that Social 
     Security numbers have become one of the tools that can be 
     used to facilitate crime, fraud, and invasions of the privacy 
     of the individuals to whom the numbers are assigned. Because 
     the Federal Government created and maintains this system, and 
     because the Federal Government does not permit individuals to 
     exempt themselves from those requirements, it is appropriate 
     for the Federal Government to take steps to stem the abuse of 
     Social Security numbers.
       (4) The display, sale, or purchase of Social Security 
     numbers in no way facilitates uninhibited, robust, and wide-
     open public debate, and restrictions on such display, sale, 
     or purchase would not affect public debate.
       (5) No one should seek to profit from the display, sale, or 
     purchase of Social Security numbers in circumstances that 
     create a substantial risk of physical, emotional, or 
     financial harm to the individuals to whom those numbers are 
     assigned.
       (6) Consequently, this Act provides each individual that 
     has been assigned a Social Security number some degree of 
     protection from the display, sale, and purchase of that 
     number in any circumstance that might facilitate unlawful 
     conduct.

     SEC. 3. PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF 
                   SOCIAL SECURITY NUMBERS.

       (a) Prohibition.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by inserting after section 1028A the 
     following:

[[Page 167]]



     ``Sec. 1028B. Prohibition of the display, sale, or purchase 
       of Social Security numbers

       ``(a) Definitions.--In this section:
       ``(1) Display.--The term `display' means to intentionally 
     communicate or otherwise make available (on the Internet or 
     in any other manner) to the general public an individual's 
     Social Security number.
       ``(2) Person.--The term `person' means any individual, 
     partnership, corporation, trust, estate, cooperative, 
     association, or any other entity.
       ``(3) Purchase.--The term `purchase' means providing 
     directly or indirectly, anything of value in exchange for a 
     Social Security number.
       ``(4) Sale.--The term `sale' means obtaining, directly or 
     indirectly, anything of value in exchange for a Social 
     Security number.
       ``(5) State.--The term `State' means any State of the 
     United States, the District of Columbia, Puerto Rico, the 
     Northern Mariana Islands, the United States Virgin Islands, 
     Guam, American Samoa, and any territory or possession of the 
     United States.
       ``(b) Limitation on Display.--Except as provided in section 
     1028C, no person may display any individual's Social Security 
     number to the general public without the affirmatively 
     expressed consent of the individual.
       ``(c) Limitation on Sale or Purchase.--Except as otherwise 
     provided in this section, no person may sell or purchase any 
     individual's Social Security number without the affirmatively 
     expressed consent of the individual.
       ``(d) Prerequisites for Consent.--In order for consent to 
     exist under subsection (b) or (c), the person displaying or 
     seeking to display, selling or attempting to sell, or 
     purchasing or attempting to purchase, an individual's Social 
     Security number shall--
       ``(1) inform the individual of the general purpose for 
     which the number will be used, the types of persons to whom 
     the number may be available, and the scope of transactions 
     permitted by the consent; and
       ``(2) obtain the affirmatively expressed consent 
     (electronically or in writing) of the individual.
       ``(e) Exceptions.--Nothing in this section shall be 
     construed to prohibit or limit the display, sale, or purchase 
     of a Social Security number--
       ``(1) required, authorized, or excepted under any Federal 
     law;
       ``(2) for a public health purpose, including the protection 
     of the health or safety of an individual in an emergency 
     situation;
       ``(3) for a national security purpose;
       ``(4) for a law enforcement purpose, including the 
     investigation of fraud and the enforcement of a child support 
     obligation;
       ``(5) if the display, sale, or purchase of the number is 
     for a use occurring as a result of an interaction between 
     businesses, governments, or business and government 
     (regardless of which entity initiates the interaction), 
     including, but not limited to--
       ``(A) the prevention of fraud (including fraud in 
     protecting an employee's right to employment benefits);
       ``(B) the facilitation of credit checks or the facilitation 
     of background checks of employees, prospective employees, or 
     volunteers;
       ``(C) the retrieval of other information from other 
     businesses, commercial enterprises, government entities, or 
     private nonprofit organizations; or
       ``(D) when the transmission of the number is incidental to, 
     and in the course of, the sale, lease, franchising, or merger 
     of all, or a portion of, a business;
       ``(6) if the transfer of such a number is part of a data 
     matching program involving a Federal, State, or local agency; 
     or
       ``(7) if such number is required to be submitted as part of 
     the process for applying for any type of Federal, State, or 
     local government benefit or program;
     except that, nothing in this subsection shall be construed as 
     permitting a professional or commercial user to display or 
     sell a Social Security number to the general public.
       ``(f) Limitation.--Nothing in this section shall prohibit 
     or limit the display, sale, or purchase of Social Security 
     numbers as permitted under title V of the Gramm-Leach-Bliley 
     Act, or for the purpose of affiliate sharing as permitted 
     under the Fair Credit Reporting Act, except that no entity 
     regulated under such Acts may make Social Security numbers 
     available to the general public, as may be determined by the 
     appropriate regulators under such Acts. For purposes of this 
     subsection, the general public shall not include affiliates 
     or unaffiliated third-party business entities as may be 
     defined by the appropriate regulators.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     47 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1028 the following:

``1028B. Prohibition of the display, sale, or purchase of Social 
              Security numbers.''.
       (b) Study; Report.--
       (1) In general.--The Attorney General shall conduct a study 
     and prepare a report on all of the uses of Social Security 
     numbers permitted, required, authorized, or excepted under 
     any Federal law. The report shall include a detailed 
     description of the uses allowed as of the date of enactment 
     of this Act, the impact of such uses on privacy and data 
     security, and shall evaluate whether such uses should be 
     continued or discontinued by appropriate legislative action.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall report to 
     Congress findings under this subsection. The report shall 
     include such recommendations for legislation based on 
     criteria the Attorney General determines to be appropriate.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 30 days after the date 
     on which the final regulations promulgated under section 5 
     are published in the Federal Register.

     SEC. 4. APPLICATION OF PROHIBITION OF THE DISPLAY, SALE, OR 
                   PURCHASE OF SOCIAL SECURITY NUMBERS TO PUBLIC 
                   RECORDS.

       (a) Public Records Exception.--
       (1) In general.--Chapter 47 of title 18, United States Code 
     (as amended by section 3(a)(1)), is amended by inserting 
     after section 1028B the following:

     ``Sec. 1028C. Display, sale, or purchase of public records 
       containing Social Security numbers

       ``(a) Definition.--In this section, the term `public 
     record' means any governmental record that is made available 
     to the general public.
       ``(b) In General.--Except as provided in subsections (c), 
     (d), and (e), section 1028B shall not apply to a public 
     record.
       ``(c) Public Records on the Internet or in an Electronic 
     Medium.--
       ``(1) In general.--Section 1028B shall apply to any public 
     record first posted onto the Internet or provided in an 
     electronic medium by, or on behalf of a government entity 
     after the date of enactment of this section, except as 
     limited by the Attorney General in accordance with paragraph 
     (2).
       ``(2) Exception for government entities already placing 
     public records on the internet or in electronic form.--Not 
     later than 60 days after the date of enactment of this 
     section, the Attorney General shall issue regulations 
     regarding the applicability of section 1028B to any record of 
     a category of public records first posted onto the Internet 
     or provided in an electronic medium by, or on behalf of a 
     government entity prior to the date of enactment of this 
     section. The regulations will determine which individual 
     records within categories of records of these government 
     entities, if any, may continue to be posted on the Internet 
     or in electronic form after the effective date of this 
     section. In promulgating these regulations, the Attorney 
     General may include in the regulations a set of procedures 
     for implementing the regulations and shall consider the 
     following:
       ``(A) The cost and availability of technology available to 
     a governmental entity to redact Social Security numbers from 
     public records first provided in electronic form after the 
     effective date of this section.
       ``(B) The cost or burden to the general public, businesses, 
     commercial enterprises, non-profit organizations, and to 
     Federal, State, and local governments of complying with 
     section 1028B with respect to such records.
       ``(C) The benefit to the general public, businesses, 
     commercial enterprises, non-profit organizations, and to 
     Federal, State, and local governments if the Attorney General 
     were to determine that section 1028B should apply to such 
     records.
     Nothing in the regulation shall permit a public entity to 
     post a category of public records on the Internet or in 
     electronic form after the effective date of this section if 
     such category had not been placed on the Internet or in 
     electronic form prior to such effective date.
       ``(d) Harvested Social Security Numbers.--Section 1028B 
     shall apply to any public record of a government entity which 
     contains Social Security numbers extracted from other public 
     records for the purpose of displaying or selling such numbers 
     to the general public.
       ``(e) Attorney General Rulemaking on Paper Records.--
       ``(1) In general.--Not later than 60 days after the date of 
     enactment of this section, the Attorney General shall 
     determine the feasibility and advisability of applying 
     section 1028B to the records listed in paragraph (2) when 
     they appear on paper or on another nonelectronic medium. If 
     the Attorney General deems it appropriate, the Attorney 
     General may issue regulations applying section 1028B to such 
     records.
       ``(2) List of paper and other nonelectronic records.--The 
     records listed in this paragraph are as follows:
       ``(A) Professional or occupational licenses.
       ``(B) Marriage licenses.
       ``(C) Birth certificates.
       ``(D) Death certificates.
       ``(E) Other short public documents that display a Social 
     Security number in a routine and consistent manner on the 
     face of the document.
       ``(3) Criteria for attorney general review.--In determining 
     whether section 1028B should apply to the records listed in 
     paragraph (2), the Attorney General shall consider the 
     following:
       ``(A) The cost or burden to the general public, businesses, 
     commercial enterprises, non-profit organizations, and to 
     Federal, State,

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     and local governments of complying with section 1028B.
       ``(B) The benefit to the general public, businesses, 
     commercial enterprises, non-profit organizations, and to 
     Federal, State, and local governments if the Attorney General 
     were to determine that section 1028B should apply to such 
     records.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     47 of title 18, United States Code (as amended by section 
     3(a)(2)), is amended by inserting after the item relating to 
     section 1028B the following:

``1028C. Display, sale, or purchase of public records containing Social 
              Security numbers.''.
       (b) Study and Report on Social Security Numbers in Public 
     Records.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study and prepare a report on Social Security 
     numbers in public records. In developing the report, the 
     Comptroller General shall consult with the Administrative 
     Office of the United States Courts, State and local 
     governments that store, maintain, or disseminate public 
     records, and other stakeholders, including members of the 
     private sector who routinely use public records that contain 
     Social Security numbers.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the study 
     conducted under paragraph (1). The report shall include a 
     detailed description of the activities and results of the 
     study and recommendations for such legislative action as the 
     Comptroller General considers appropriate. The report, at a 
     minimum, shall include--
       (A) a review of the uses of Social Security numbers in non-
     federal public records;
       (B) a review of the manner in which public records are 
     stored (with separate reviews for both paper records and 
     electronic records);
       (C) a review of the advantages or utility of public records 
     that contain Social Security numbers, including the utility 
     for law enforcement, and for the promotion of homeland 
     security;
       (D) a review of the disadvantages or drawbacks of public 
     records that contain Social Security numbers, including 
     criminal activity, compromised personal privacy, or threats 
     to homeland security;
       (E) the costs and benefits for State and local governments 
     of removing Social Security numbers from public records, 
     including a review of current technologies and procedures for 
     removing Social Security numbers from public records; and
       (F) an assessment of the benefits and costs to businesses, 
     their customers, and the general public of prohibiting the 
     display of Social Security numbers on public records (with 
     separate assessments for both paper records and electronic 
     records).
       (c) Effective Date.--The prohibition with respect to 
     electronic versions of new classes of public records under 
     section 1028C(b) of title 18, United States Code (as added by 
     subsection (a)(1)) shall not take effect until the date that 
     is 60 days after the date of enactment of this Act.

     SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY GENERAL.

       (a) In General.--Except as provided in subsection (b), the 
     Attorney General may prescribe such rules and regulations as 
     the Attorney General deems necessary to carry out the 
     provisions of section 1028B(e)(5) of title 18, United States 
     Code (as added by section 3(a)(1)).
       (b) Display, Sale, or Purchase Rulemaking With Respect to 
     Interactions Between Businesses, Governments, or Business and 
     Government.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General, in consultation 
     with the Commissioner of Social Security, the Chairman of the 
     Federal Trade Commission, and such other heads of Federal 
     agencies as the Attorney General determines appropriate, 
     shall conduct such rulemaking procedures in accordance with 
     subchapter II of chapter 5 of title 5, United States Code, as 
     are necessary to promulgate regulations to implement and 
     clarify the uses occurring as a result of an interaction 
     between businesses, governments, or business and government 
     (regardless of which entity initiates the interaction) 
     permitted under section 1028B(e)(5) of title 18, United 
     States Code (as added by section 3(a)(1)).
       (2) Factors to be considered.--In promulgating the 
     regulations required under paragraph (1), the Attorney 
     General shall, at a minimum, consider the following:
       (A) The benefit to a particular business, to customers of 
     the business, and to the general public of the display, sale, 
     or purchase of an individual's Social Security number.
       (B) The costs that businesses, customers of businesses, and 
     the general public may incur as a result of prohibitions on 
     the display, sale, or purchase of Social Security numbers.
       (C) The risk that a particular business practice will 
     promote the use of a Social Security number to commit fraud, 
     deception, or crime.
       (D) The presence of adequate safeguards, procedures, and 
     technologies to prevent--
       (i) misuse of Social Security numbers by employees within a 
     business; and
       (ii) misappropriation of Social Security numbers by the 
     general public, while permitting internal business uses of 
     such numbers.
       (E) The presence of procedures to prevent identity thieves, 
     stalkers, and other individuals with ill intent from posing 
     as legitimate businesses to obtain Social Security numbers.
       (F) The impact of such uses on privacy.

     SEC. 6. TREATMENT OF SOCIAL SECURITY NUMBERS ON GOVERNMENT 
                   DOCUMENTS.

       (a) Prohibition of Use of Social Security Account Numbers 
     on Checks Issued for Payment by Governmental Agencies.--
       (1) In general.--Section 205(c)(2)(C) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at 
     the end the following:
       ``(x) No Federal, State, or local agency may display the 
     Social Security account number of any individual, or any 
     derivative of such number, on any check issued for any 
     payment by the Federal, State, or local agency.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply with respect to violations of section 
     205(c)(2)(C)(x) of the Social Security Act (42 U.S.C. 
     405(c)(2)(C)(x)), as added by paragraph (1), occurring after 
     the date that is 3 years after the date of enactment of this 
     Act.
       (b) Prohibition of Inmate Access to Social Security Account 
     Numbers.--
       (1) In general.--Section 205(c)(2)(C) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by 
     subsection (b)) is amended by adding at the end the 
     following:
       ``(xi) No Federal, State, or local agency may employ, or 
     enter into a contract for the use or employment of, prisoners 
     in any capacity that would allow such prisoners access to the 
     Social Security account numbers of other individuals. For 
     purposes of this clause, the term `prisoner' means an 
     individual confined in a jail, prison, or other penal 
     institution or correctional facility pursuant to such 
     individual's conviction of a criminal offense.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply with respect to employment of prisoners, or entry 
     into contract with prisoners, after the date that is 1 year 
     after the date of enactment of this Act.

     SEC. 7. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY 
                   NUMBER FOR CONSUMER TRANSACTIONS.

       (a) In General.--Part A of title XI of the Social Security 
     Act (42 U.S.C. 1301 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL 
                   SECURITY NUMBER FOR CONSUMER TRANSACTIONS.

       ``(a) In General.--A commercial entity may not require an 
     individual to provide the individual's Social Security number 
     when purchasing a commercial good or service or deny an 
     individual the good or service for refusing to provide that 
     number except--
       ``(1) for any purpose relating to--
       ``(A) obtaining a consumer report for any purpose permitted 
     under the Fair Credit Reporting Act;
       ``(B) a background check of the individual conducted by a 
     landlord, lessor, employer, voluntary service agency, or 
     other entity as determined by the Attorney General;
       ``(C) law enforcement; or
       ``(D) a Federal, State, or local law requirement; or
       ``(2) if the Social Security number is necessary to verify 
     the identity of the consumer to effect, administer, or 
     enforce the specific transaction requested or authorized by 
     the consumer, or to prevent fraud.
       ``(b) Application of Civil Money Penalties.--A violation of 
     this section shall be deemed to be a violation of section 
     1129(a)(3)(F).
       ``(c) Application of Criminal Penalties.--A violation of 
     this section shall be deemed to be a violation of section 
     208(a)(8).
       ``(d) Limitation on Class Actions.--No class action 
     alleging a violation of this section shall be maintained 
     under this section by an individual or any private party in 
     Federal or State court.
       ``(e) State Attorney General Enforcement.--
       ``(1) In general.--
       ``(A) Civil actions.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been or is threatened or 
     adversely affected by the engagement of any person in a 
     practice that is prohibited under this section, the State, as 
     parens patriae, may bring a civil action on behalf of the 
     residents of the State in a district court of the United 
     States of appropriate jurisdiction to--
       ``(i) enjoin that practice;
       ``(ii) enforce compliance with such section;
       ``(iii) obtain damages, restitution, or other compensation 
     on behalf of residents of the State; or
       ``(iv) obtain such other relief as the court may consider 
     appropriate.
       ``(B) Notice.--
       ``(i) In general.--Before filing an action under 
     subparagraph (A), the attorney general of the State involved 
     shall provide to the Attorney General--

       ``(I) written notice of the action; and
       ``(II) a copy of the complaint for the action.

[[Page 169]]

       ``(ii) Exemption.--

       ``(I) In general.--Clause (i) shall not apply with respect 
     to the filing of an action by an attorney general of a State 
     under this subsection, if the State attorney general 
     determines that it is not feasible to provide the notice 
     described in such subparagraph before the filing of the 
     action.
       ``(II) Notification.--With respect to an action described 
     in subclause (I), the attorney general of a State shall 
     provide notice and a copy of the complaint to the Attorney 
     General at the same time as the State attorney general files 
     the action.

       ``(2) Intervention.--
       ``(A) In general.--On receiving notice under paragraph 
     (1)(B), the Attorney General shall have the right to 
     intervene in the action that is the subject of the notice.
       ``(B) Effect of intervention.--If the Attorney General 
     intervenes in the action under paragraph (1), the Attorney 
     General shall have the right to be heard with respect to any 
     matter that arises in that action.
       ``(3) Construction.--For purposes of bringing any civil 
     action under paragraph (1), nothing in this section shall be 
     construed to prevent an attorney general of a State from 
     exercising the powers conferred on such attorney general by 
     the laws of that State to--
       ``(A) conduct investigations;
       ``(B) administer oaths or affirmations; or
       ``(C) compel the attendance of witnesses or the production 
     of documentary and other evidence.
       ``(4) Actions by the attorney general of the united 
     states.--In any case in which an action is instituted by or 
     on behalf of the Attorney General for violation of a practice 
     that is prohibited under this section, no State may, during 
     the pendency of that action, institute an action under 
     paragraph (1) against any defendant named in the complaint in 
     that action for violation of that practice.
       ``(5) Venue; service of process.--
       ``(A) Venue.--Any action brought under paragraph (1) may be 
     brought in the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code.
       ``(B) Service of process.--In an action brought under 
     paragraph (1), process may be served in any district in which 
     the defendant--
       ``(i) is an inhabitant; or
       ``(ii) may be found.
       ``(f) Sunset.--This section shall not apply on or after the 
     date that is 6 years after the effective date of this 
     section.''.
       (b) Evaluation and Report.--Not later than the date that is 
     6 years and 6 months after the date of enactment of this Act, 
     the Attorney General, in consultation with the chairman of 
     the Federal Trade Commission, shall issue a report evaluating 
     the effectiveness and efficiency of section 1150A of the 
     Social Security Act (as added by subsection (a)) and shall 
     make recommendations to Congress as to any legislative action 
     determined to be necessary or advisable with respect to such 
     section, including a recommendation regarding whether to 
     reauthorize such section.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to requests to provide a Social Security number 
     occurring after the date that is 1 year after the date of 
     enactment of this Act.

     SEC. 8. EXTENSION OF CIVIL MONETARY PENALTIES FOR MISUSE OF A 
                   SOCIAL SECURITY NUMBER.

       (a) Treatment of Withholding of Material Facts.--
       (1) Civil penalties.--The first sentence of section 
     1129(a)(1) of the Social Security Act (42 U.S.C. 1320a-
     8(a)(1)) is amended--
       (A) by striking ``who'' and inserting ``who--'';
       (B) by striking ``makes'' and all that follows through 
     ``shall be subject to'' and inserting the following:
       ``(A) makes, or causes to be made, a statement or 
     representation of a material fact, for use in determining any 
     initial or continuing right to or the amount of monthly 
     insurance benefits under title II or benefits or payments 
     under title VIII or XVI, that the person knows or should know 
     is false or misleading;
       ``(B) makes such a statement or representation for such use 
     with knowing disregard for the truth; or
       ``(C) omits from a statement or representation for such 
     use, or otherwise withholds disclosure of, a fact which the 
     individual knows or should know is material to the 
     determination of any initial or continuing right to or the 
     amount of monthly insurance benefits under title II or 
     benefits or payments under title VIII or XVI and the 
     individual knows, or should know, that the statement or 
     representation with such omission is false or misleading or 
     that the withholding of such disclosure is misleading, shall 
     be subject to'';
       (C) by inserting ``or each receipt of such benefits while 
     withholding disclosure of such fact'' after ``each such 
     statement or representation'';
       (D) by inserting ``or because of such withholding of 
     disclosure of a material fact'' after ``because of such 
     statement or representation''; and
       (E) by inserting ``or such a withholding of disclosure'' 
     after ``such a statement or representation''.
       (2) Administrative procedure for imposing penalties.--The 
     first sentence of section 1129A(a) of the Social Security Act 
     (42 U.S.C. 1320a-8a(a)) is amended--
       (A) by striking ``who'' and inserting ``who--''; and
       (B) by striking ``makes'' and all that follows through 
     ``shall be subject to'' and inserting the following:
       ``(1) makes, or causes to be made, a statement or 
     representation of a material fact, for use in determining any 
     initial or continuing right to or the amount of monthly 
     insurance benefits under title II or benefits or payments 
     under title VIII or XVI, that the person knows or should know 
     is false or misleading;
       ``(2) makes such a statement or representation for such use 
     with knowing disregard for the truth; or
       ``(3) omits from a statement or representation for such 
     use, or otherwise withholds disclosure of, a fact which the 
     individual knows or should know is material to the 
     determination of any initial or continuing right to or the 
     amount of monthly insurance benefits under title II or 
     benefits or payments under title VIII or XVI and the 
     individual knows, or should know, that the statement or 
     representation with such omission is false or misleading or 
     that the withholding of such disclosure is misleading, shall 
     be subject to''.
       (b) Application of Civil Money Penalties to Elements of 
     Criminal Violations.--Section 1129(a) of the Social Security 
     Act (42 U.S.C. 1320a-8(a)), as amended by subsection (a)(1), 
     is amended--
       (1) by redesignating paragraph (2) as paragraph (4);
       (2) by redesignating the last sentence of paragraph (1) as 
     paragraph (2) and inserting such paragraph after paragraph 
     (1); and
       (3) by inserting after paragraph (2) (as so redesignated) 
     the following:
       ``(3) Any person (including an organization, agency, or 
     other entity) who--
       ``(A) uses a Social Security account number that such 
     person knows or should know has been assigned by the 
     Commissioner of Social Security (in an exercise of authority 
     under section 205(c)(2) to establish and maintain records) on 
     the basis of false information furnished to the Commissioner 
     by any person;
       ``(B) falsely represents a number to be the Social Security 
     account number assigned by the Commissioner of Social 
     Security to any individual, when such person knows or should 
     know that such number is not the Social Security account 
     number assigned by the Commissioner to such individual;
       ``(C) knowingly alters a Social Security card issued by the 
     Commissioner of Social Security, or possesses such a card 
     with intent to alter it;
       ``(D) knowingly displays, sells, or purchases a card that 
     is, or purports to be, a card issued by the Commissioner of 
     Social Security, or possesses such a card with intent to 
     display, purchase, or sell it;
       ``(E) counterfeits a Social Security card, or possesses a 
     counterfeit Social Security card with intent to display, 
     sell, or purchase it;
       ``(F) discloses, uses, compels the disclosure of, or 
     knowingly displays, sells, or purchases the Social Security 
     account number of any person in violation of the laws of the 
     United States;
       ``(G) with intent to deceive the Commissioner of Social 
     Security as to such person's true identity (or the true 
     identity of any other person) furnishes or causes to be 
     furnished false information to the Commissioner with respect 
     to any information required by the Commissioner in connection 
     with the establishment and maintenance of the records 
     provided for in section 205(c)(2);
       ``(H) offers, for a fee, to acquire for any individual, or 
     to assist in acquiring for any individual, an additional 
     Social Security account number or a number which purports to 
     be a Social Security account number; or
       ``(I) being an officer or employee of a Federal, State, or 
     local agency in possession of any individual's Social 
     Security account number, willfully acts or fails to act so as 
     to cause a violation by such agency of clause (vi)(II) or (x) 
     of section 205(c)(2)(C), shall be subject to, in addition to 
     any other penalties that may be prescribed by law, a civil 
     money penalty of not more than $5,000 for each violation. 
     Such person shall also be subject to an assessment, in lieu 
     of damages sustained by the United States resulting from such 
     violation, of not more than twice the amount of any benefits 
     or payments paid as a result of such violation.''.
       (c) Clarification of Treatment of Recovered Amounts.--
     Section 1129(e)(2)(B) of the Social Security Act (42 U.S.C. 
     1320a-8(e)(2)(B)) is amended by striking ``In the case of 
     amounts recovered arising out of a determination relating to 
     title VIII or XVI,'' and inserting ``In the case of any other 
     amounts recovered under this section,''.
       (d) Conforming Amendments.--
       (1) Section 1129(b)(3)(A) of the Social Security Act (42 
     U.S.C. 1320a-8(b)(3)(A)) is amended by striking ``charging 
     fraud or false statements''.
       (2) Section 1129(c)(1) of the Social Security Act (42 
     U.S.C. 1320a-8(c)(1)) is amended by striking ``and 
     representations'' and inserting ``, representations, or 
     actions''.
       (3) Section 1129(e)(1)(A) of the Social Security Act (42 
     U.S.C. 1320a-8(e)(1)(A)) is amended by striking ``statement 
     or representation

[[Page 170]]

     referred to in subsection (a) was made'' and inserting 
     ``violation occurred''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     violations of sections 1129 and 1129A of the Social Security 
     Act (42 U.S.C. 1320-8 and 1320a-8a), as amended by this 
     section, committed after the date of enactment of this Act.
       (2) Violations by government agents in possession of social 
     security numbers.--Section 1129(a)(3)(I) of the Social 
     Security Act (42 U.S.C. 1320a-8(a)(3)(I)), as added by 
     subsection (b), shall apply with respect to violations of 
     that section occurring on or after the effective date 
     described in section 3(c).
       (f) Repeal.--Section 201 of the Social Security Protection 
     Act of 2004 is repealed.

     SEC. 9. CRIMINAL PENALTIES FOR THE MISUSE OF A SOCIAL 
                   SECURITY NUMBER.

       (a) Prohibition of Wrongful Use as Personal Identification 
     Number.--No person may obtain any individual's Social 
     Security number for purposes of locating or identifying an 
     individual with the intent to physically injure, harm, or use 
     the identity of the individual for any illegal purpose.
       (b) Criminal Sanctions.--Section 208(a) of the Social 
     Security Act (42 U.S.C. 408(a)) is amended--
       (1) in paragraph (8), by inserting ``or'' after the 
     semicolon; and
       (2) by inserting after paragraph (8) the following:
       ``(9) except as provided in subsections (e) and (f) of 
     section 1028B of title 18, United States Code, knowingly and 
     willfully displays, sells, or purchases (as those terms are 
     defined in section 1028B(a) of title 18, United States Code) 
     any individual's Social Security account number without 
     having met the prerequisites for consent under section 
     1028B(d) of title 18, United States Code; or
       ``(10) obtains any individual's Social Security number for 
     the purpose of locating or identifying the individual with 
     the intent to injure or to harm that individual, or to use 
     the identity of that individual for an illegal purpose;''.

     SEC. 10. CIVIL ACTIONS AND CIVIL PENALTIES.

       (a) Civil Action in State Courts.--
       (1) In general.--Any individual aggrieved by an act of any 
     person in violation of this Act or any amendments made by 
     this Act may, if otherwise permitted by the laws or rules of 
     the court of a State, bring in an appropriate court of that 
     State--
       (A) an action to enjoin such violation;
       (B) an action to recover for actual monetary loss from such 
     a violation, or to receive up to $500 in damages for each 
     such violation, whichever is greater; or
       (C) both such actions.
     It shall be an affirmative defense in any action brought 
     under this paragraph that the defendant has established and 
     implemented, with due care, reasonable practices and 
     procedures to effectively prevent violations of the 
     regulations prescribed under this Act. If the court finds 
     that the defendant willfully or knowingly violated the 
     regulations prescribed under this subsection, the court may, 
     in its discretion, increase the amount of the award to an 
     amount equal to not more than 3 times the amount available 
     under subparagraph (B).
       (2) Statute of limitations.--An action may be commenced 
     under this subsection not later than the earlier of--
       (A) 5 years after the date on which the alleged violation 
     occurred; or
       (B) 3 years after the date on which the alleged violation 
     was or should have been reasonably discovered by the 
     aggrieved individual.
       (3) Nonexclusive remedy.--The remedy provided under this 
     subsection shall be in addition to any other remedies 
     available to the individual.
       (b) Civil Penalties.--
       (1) In general.--Any person who the Attorney General 
     determines has violated any section of this Act or of any 
     amendments made by this Act shall be subject, in addition to 
     any other penalties that may be prescribed by law--
       (A) to a civil penalty of not more than $5,000 for each 
     such violation; and
       (B) to a civil penalty of not more than $50,000, if the 
     violations have occurred with such frequency as to constitute 
     a general business practice.
       (2) Determination of violations.--Any willful violation 
     committed contemporaneously with respect to the Social 
     Security numbers of 2 or more individuals by means of mail, 
     telecommunication, or otherwise, shall be treated as a 
     separate violation with respect to each such individual.
       (3) Enforcement procedures.--The provisions of section 
     1128A of the Social Security Act (42 U.S.C. 1320a-7a), other 
     than subsections (a), (b), (f), (h), (i), (j), (m), and (n) 
     and the first sentence of subsection (c) of such section, and 
     the provisions of subsections (d) and (e) of section 205 of 
     such Act (42 U.S.C. 405) shall apply to a civil penalty 
     action under this subsection in the same manner as such 
     provisions apply to a penalty or proceeding under section 
     1128A(a) of such Act (42 U.S.C. 1320a-7a(a)), except that, 
     for purposes of this paragraph, any reference in section 
     1128A of such Act (42 U.S.C. 1320a-7a) to the Secretary shall 
     be deemed to be a reference to the Attorney General.

     SEC. 11. FEDERAL INJUNCTIVE AUTHORITY.

       In addition to any other enforcement authority conferred 
     under this Act or the amendments made by this Act, the 
     Federal Government shall have injunctive authority with 
     respect to any violation by a public entity of any provision 
     of this Act or of any amendments made by this Act.
                                 ______
                                 
      By Mr. KERRY:
  S. 142. A bill to amend titles XIX and XXI of the Social Security Act 
to ensure that every uninsured child in America has health insurance 
coverage, and for other purposes; to the Committee on Finance.
  MR. KERRY. Mr. President, today I am introducing the Kids Come First 
Act, legislation to ensure every child in America has access to health 
care coverage. The Kids Come First Act is the first bill I am 
introducing in the 111th Congress because I believe that insuring all 
children must be at the top of the agenda this Congress.
  Long-term health care reform is vital, but we must also do all that 
we can now to make sure our children have access to health care. That 
is why I have incorporated the Small Business Children's Health 
Education Act as part of Kids First this Congress.
  The 111th Congress faces many challenges, from the economic situation 
at home to the continuing conflicts in the Middle East. But perhaps no 
issue bears more directly on the lives of more Americans than health 
care reform. Today, nearly 46 million Americans are uninsured, 
including 11 million children. Health care has become a slow-motion 
disaster that is ruining lives and bankrupting families all over the 
country. We cannot stand by as the ranks of the uninsured rise and 
American families find themselves in peril.
  Children from low income households are three times as likely to be 
uninsured and more than 60 percent of uninsured children have at least 
one parent working full time. As we continue to face uncertain economic 
times we must do more for the children of this country who lack health 
coverage. Too many families are struggling with how to make ends meet. 
This is the time to take one worry off their plate and make health 
insurance available for all children.
  The Kids Come First Act calls for a Federal-State partnership to 
mandate health coverage to every child in America. The proposal makes 
states an offer they can't refuse. The Federal Government will pay for 
the most expensive part: enrolling all low-income children in Medicaid, 
automatically. In return, the States will pay to expand coverage to 
higher income children. Under this legislation, States will save more 
than $6 billion a year, and every child will have access to healthcare.
  I think it is unacceptable that in the greatest country in the world, 
millions of children are denied access to the health care they need. 
The Kids Come First Act expands health care coverage for children up to 
the age of 21. Through expanding the programs that work, such as 
Medicaid and SCHIP, we can cover every uninsured child.
  Insuring children improves their health and helps families cover the 
spiraling costs of medical care. Covering all kids will help reduce 
avoidable hospitalizations by 22 percent and replace expensive critical 
care with inexpensive preventative care. Also, when children get the 
medical attention they need, they do better in school.
  To pay for the expansion of health insurance for children, the Kids 
Come First Act includes a provision that provides the Secretary of the 
Treasury with the authority to raise the highest income tax rate of 35 
percent to a rate not higher than 39.6 percent in order to offset the 
costs. Prior to the enactment of the Economic Growth and Tax Relief 
Reconciliation Act of 2001, the top marginal rate was 39.6 percent. 
Less than one percent of taxpayers pay the top rate and for 2009, this 
rate only affects individuals with income above $372,950.
  In addition to expanding access to health insurance, we need to 
improve enrollment of eligible children. In February 2007, the Urban 
Institute reported that among those eligible for the State Children's 
Health Insurance Program, children whose families are self-employed or 
who work for small business concerns are far less likely to be 
enrolled. Specifically, one out of

[[Page 171]]

every four eligible children with parents working for a small business 
or are self-employed are not currently enrolled. This compares with 
just 1 out of every 10 eligible children whose parents work for a large 
firm.
  We need to do a better job of informing and educating America's small 
business owners and employees of the options that may be available for 
covering uninsured children. To that effect, the Kids Come First Act 
includes a provision that creates an intergovernmental task force, 
consisting of the Administrator of the Small Business Administration, 
the Secretary of Health and Human Services, the Secretary of Labor and 
the Secretary of the Treasury, to conduct a campaign to enroll kids of 
small business employees who are eligible for SCHIP and Medicaid but 
are not currently enrolled. To educate America's small businesses on 
the availability of SCHIP and Medicaid, the task force will make use of 
the Small Business Administration's business partners, including the 
Service Corps of Retired Executives, the Small Business Development 
Centers, Certified Development Companies, and Women's Business Centers, 
and with chambers of commerce across the country.
  Additionally, the Small Business Administration is directed to post 
SCHIP and Medicaid eligibility criteria and enrollment information on 
its website, and to report back to the Senate and House Committees on 
Small Business regarding the status and successes of the task force's 
efforts to enroll eligible kids.
  Health care for our children is a top priority that we must address. 
I believe it can be done in a fiscally responsible manner. We must 
invest our resources in our future by improving health care for 
children.
  Since I first introduced the Kids Come First Act in the 109th 
Congress, more than 500,000 people have shown their support for the 
bill by becoming Citizen Cosponsors and another 20,000 Americans called 
into our ``Give Voices to Our Values'' hotline to share their personal 
stories.
  It is clear that providing health care coverage for our uninsured 
children is a priority for our nation's workers, businesses, and health 
care community. They know, as I do, that further delay only results in 
graver health problems for America's children. Their future, and ours, 
depends on us doing better. I urge my colleagues to support and help 
enact the Kids Come First Act during this Congress.
                                 ______
                                 
      By Mr. KERRY:
  S. 143. A bill to amend the Internal Revenue Code of 1986 to provide 
for a college opportunity tax credit; to the Committee on Finance.
  Mr. KERRY. Mr. President, today I am introducing the College 
Opportunity Tax Credit Act of 2009. This legislation creates a new tax 
credit that will put the cost of higher education in reach for American 
families.
  According to a recent College Board report tuition is rising at both 
public and private institutions. On average, the tuition at a private 
college this year is $25,143, up 5.9 percent from last year, and the 
tuition at a public college $6,585, up 6.4 percent from last year.
  Unfortunately, neither student aid funds nor family incomes are 
keeping pace with increasing tuition and fees. In my travels around 
Massachusetts, I frequently hear from parents concerned they will not 
be able to pay for their children's college. These parents know that 
earning a college education will result in greater earnings for their 
children and they desperately want to ensure their kids have the 
greatest opportunities possible.
  In 1997, the Congress implemented two new tax credits to make college 
affordable--the HOPE and the Lifetime Learning credits. These tax 
credits have put college in reach for families, but I believe we can do 
more.
  The HOPE and Lifetime Learning credits are not refundable, and 
therefore a family of four must have an income over $30,000 in order to 
receive the maximum credit. Almost half of families with college 
students fail to receive the full credit because their income is too 
low. In order to receive the full benefit of the Lifetime Learning 
credit, a student has to spend $10,000 a year on tuition and fees. This 
is more than $3,000 the average annual public 4-year college tuition 
more than three times the average annual tuition of a 2-year community 
college. About 56 percent of college students attend schools with 
tuition and fees under $9,000.
  In 2004, I proposed a refundable tax credit to help pay for the cost 
of 4 years of college. Currently the HOPE credit applies only to the 
first 2 years of college. The College Opportunity Tax Credit Act of 
2009 helps students and parents afford all four years of college. It 
also builds on the proposal I made in 2004 by incorporating some of the 
suggestions made by experts at a Finance Committee hearing held during 
the 109th Congress. My legislation creates a new credit, the College 
Opportunity Tax Credit, COTC, that replaces the existing HOPE credit 
and Lifetime Learning credit and ultimately makes these benefits more 
generous.
  The COTC has two components. The first provides a refundable tax 
credit for a student enrolled in a degree program at least on a half-
time basis. It would provide a 100 percent tax credit for the first 
$2,000 of eligible expenses and a 50 percent tax credit for the next 
$4,000 of expenses. The maximum credit would be $4,000 each year per 
student. The second provides a nonrefundable tax credit for part-time 
students, graduate students, and other students that do not qualify for 
the refundable tax credit. It provides a 40 percent credit for the 
first $1,000 of eligible expenses and a 20 percent credit for the next 
$3,000 of expenses.
  Both of these credits can be used for expenses associated with 
tuition and fees. The same income limits that apply to the HOPE credit 
and the Lifetime Learning credit apply to the COTC. These amounts are 
indexed for inflation, as are the eligible amounts of expenses. This 
legislation is only for taxable years beginning in 2009 and 2010 in 
order to make colleges affordable during these difficult financial 
times. It will also give the Congress additional time to work on a 
permanent solution to help with the rising cost of a college education.
  The College Opportunity Tax Credit Act of 2009 simplifies the 
existing credits that make higher education more affordable and will 
enable more students to be eligible for tax relief. I understand that 
many of my colleagues are interested in making college more affordable. 
I look forward to working with my colleagues to make a refundable tax 
credit for college education a reality this Congress.
                                 ______
                                 
      By Mr. KERRY (for himself and Mr. Ensign):
  S. 144. A bill to amend the Internal Revenue Code of 1986 to remove 
cell phones from listed property under section 280F; to the Committee 
on Finance.
  Mr. KERRY. Mr. President, today Senator Ensign and I are 
reintroducing the MOBILE Cell Phone Act of 2009, Modernize Our 
Bookkeeping in the Law for Employee's Cell Phone Act of 2009. Last 
Congress, 60 Senators cosponsored this legislation which would update 
the tax treatment of cell phones and mobile communication devices.
  During the past 20 years, the use of cell phone and mobile 
communication devices has skyrocketed. Cell phones are no longer viewed 
as an executive perk or a luxury item. They no longer resemble 
suitcases or are hardwired to the floor of an automobile. Cell phone 
and mobile communication devices are now part of daily business 
practices at all levels.
  In 1989, Congress passed a law which added cell phones to the 
definition of listed property under section 280F(d)(4) of the Internal 
Revenue Code of 1986. Treating cell phones as listed property requires 
substantial documentation in order for cell phones to benefit from 
accelerated depreciation and not be treated as taxable income to the 
employee. This documentation is required to substantiate that the cell 
phone is used for business purposes more than 50 percent of the time. 
Generally, listed property is property that inherently lends itself to 
personal use, such as automobiles.

[[Page 172]]

  Back in 1989, cell phone technology was an expensive technology 
worthy of detailed log sheets. At that time, it was difficult to 
envision cell phones that could be placed in a pocket or handbag. 
Congress was skeptical about the daily business use of cell phones.
  Technological advances have revolutionized the cell phone and mobile 
communication device industries. Twenty years ago, no one could have 
imagined the role BlackBerries play in our day-to-day communications. 
Cell phones and mobile communication devices are now widespread 
throughout all types of businesses. Employers provide their employees 
with these devices to enable them to remain connected 24 hours a day, 7 
days a week. The cost of the devices has been reduced and most 
providers offer unlimited airtime for one monthly rate.
  Recently, the Internal Revenue Service reminded field examiners of 
the substantiation rules for cell phones as listed property. The 
current rule requires employers to maintain expensive and detailed 
logs, and employers caught without cell phone logs could face tax 
penalties.
  The MOBILE Cell Phone Act of 2009 updates the tax treatment of cell 
phones and mobile communication devices by repealing the requirement 
that employers maintain detailed logs. The tax code should keep pace 
with technological advances. There is no longer a reason that cell 
phones and mobile communication devices should be treated differently 
than office phones or computers. Last, Congress 60 Senators cosponsored 
this legislation. I urge my colleagues to support this commonsense 
change.
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Vitter, Mr. Leahy, Mr. Feingold, 
        Mr. Schumer, Ms. Klobuchar, Mr. Dorgan, and Mr. Rockefeller):
  S. 146. A bill to amend the Federal antitrust laws to provide 
expanded coverage and to eliminate exemptions from such laws that are 
contrary to the public interest with respect to railroads; to the 
Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce legislation 
essential to restoring competition to the nation's crucial freight 
railroad sector. Freight railroads are essential to shipping a myriad 
of vital goods, everything from coal used to generate electricity to 
grain used for basic foodstuffs. But for decades the freight railroads 
have been insulated from the normal rules of competition followed by 
almost all other parts of our economy by an outmoded and unwarranted 
antitrust exemption. So today I am introducing along with my 
colleagues, Senators Vitter, Leahy, Feingold, Schumer, Rockefeller, 
Dorgan and Klobuchar, the Railroad Antitrust Enforcement Act of 2009. 
This legislation will eliminate the obsolete antitrust exemptions that 
protect freight railroads from competition. This legislation is 
identical to the legislation that was reported out of the Judiciary 
Committee in the last Congress without dissent.
  Our legislation will eliminate obsolete antitrust exemptions that 
protect freight railroads from competition and result in higher prices 
to millions of consumers every day. Consolidation in the railroad 
industry in recent years has resulted in only four Class I railroads 
providing over 90 percent of the nation's freight rail transportation. 
The lack of competition was documented in an October 2006 Government 
Accountability Office report. That report found that shippers in many 
geographic areas ``may be paying excessive rates due to a lack of 
competition in these markets.'' These unjustified cost increases cause 
consumers to suffer higher electricity bills because a utility must pay 
for the high cost of transporting coal, result in higher prices for 
goods produced by manufacturers who rely on railroads to transport raw 
materials, and reduce earnings for American farmers who ship their 
products by rail and raise food prices paid by consumers.
  The ill-effects of this consolidation are exemplified in the case of 
``captive shippers''--industries served by only one railroad. Over the 
past several years, these captive shippers have faced spiking rail 
rates. They are the victims of the monopolistic practices and price 
gouging by the single railroad that serves them, price increases which 
they are forced to pass along into the price of their products, and 
ultimately, to consumers. And in many cases, the ordinary protections 
of antitrust law are unavailable to these captive shippers--instead, 
the railroads are protected by a series of outmoded exemptions from the 
normal rules of antitrust law to which all other industries must abide. 
In August 2006, the Attorneys General of 17 states and the District of 
Columbia sent a letter to Congress citing problems due to a lack of 
competition and asked that the antitrust exemptions be removed.
  These unwarranted antitrust exemptions have put the American consumer 
at risk, and in Wisconsin, victims of a lack of railroad competition 
abound. A coalition has formed, consisting of about 40 affected 
organizations--Badger CURE. From Dairyland Power Cooperative in La 
Crosse to Wolf River Lumber in New London, companies in my state are 
feeling the crunch of years of railroad consolidation. To help offset a 
93 percent increase in shipping rates in 2006, Dairyland Power 
Cooperative had to raise electricity rates by 20 percent. The 
reliability, efficiency, and affordability of freight rail have all 
declined, and Wisconsin consumers feel the pinch.
  Similar stories exist across the country. We held a hearing at the 
Antitrust Subcommittee in September 2007 which detailed numerous 
instances of anti-competitive conduct by the dominant freight railroads 
and at which railroad shippers testified as to the need to repeal the 
outmoded and unwarranted antitrust exemptions which left them without 
remedies. Dozens of organizations, unions and trade groups--including 
the American Public Power Association, the American Chemistry Council, 
American Corn Growers Associations and many more affected by 
monopolistic railroad conduct endorsed the Railroad Antitrust 
Enforcement Act in the last Congress.
  The current antitrust exemptions protect a wide range of railroad 
industry conduct from scrutiny by governmental antitrust enforcers. 
Railroad mergers and acquisitions are exempt from antitrust law and are 
reviewed solely by the Surface Transportation Board. Railroads that 
engage in collective ratemaking are also exempt from antitrust law. 
Railroads subject to the regulation of the Surface Transportation Board 
are also exempt from private antitrust lawsuits seeking the termination 
of anticompetitive practices via injunctive relief. Our bill will 
eliminate these exemptions.
  No good reason exists for them. While railroad legislation in recent 
decades--including most notably the Staggers Rail Act of 1980--
deregulated much railroad rate setting from the oversight of the 
Surface Transportation Board, these obsolete antitrust exemptions 
remained in place, insulating a consolidating industry from obeying the 
rules of fair competition. And there is no reason to treat railroads 
any differently from dozens of other regulated industries in our 
economy that are fully subject to antitrust law--whether the 
telecommunications sector regulated by the FCC, or the aviation 
industry regulation by the Department of Transportation, to name just 
two examples.
  Our bill will bring railroad mergers and acquisitions under the 
purview of the Clayton Act, allowing the Federal government, state 
attorneys general and private parties to file suit to enjoin 
anticompetitive mergers and acquisitions. It will restore the review of 
these mergers to the agencies where they belong--the Justice 
Department's Antitrust Division and the Federal Trade Commission. It 
will eliminate the exemption that prevents FTC's scrutiny of railroad 
common carriers. It will eliminate the antitrust exemption for railroad 
collective ratemaking. It will allow state attorneys general and other 
private parties to sue railroads for treble damages and injunctive 
relief for violations of the antitrust laws, including collusion that 
leads to excessive and unreasonable rates. This legislation will force 
railroads to play

[[Page 173]]

by the rules of free competition like all other businesses.
  In sum, by clearing out this thicket of outmoded antitrust 
exemptions, railroads will be subject to the same laws as the rest of 
the economy. Government antitrust enforcers will finally have the tools 
to prevent anti-competitive transactions and practices by railroads. 
Likewise, private parties will be able to utilize the antitrust laws to 
deter anti-competitive conduct and to seek redress for their injuries.
  It is time to put an end to the abusive practices of the Nation's 
freight railroads. On the Antitrust Subcommittee, we have seen that in 
industry after industry, vigorous application of our Nation's antitrust 
laws is the best way to eliminate barriers to competition, to end 
monopolistic behavior, to keep prices low and quality of service high. 
The railroad industry is no different. All those who rely on railroads 
to ship their products--whether it is an electric utility for its coal, 
a farmer to ship grain, or a factory to acquire its raw materials or 
ship out its finished product--deserve the full application of the 
antitrust laws to end the anti-competitive abuses all too prevalent in 
this industry today. I urge my colleagues support the Railroad 
Antitrust Enforcement Act of 2009.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 146

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Railroad Antitrust 
     Enforcement Act of 2009''.

     SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.

       The proviso in section 16 of the Clayton Act (15 U.S.C. 26) 
     ending with ``Code.'' is amended to read as follows: 
     ``Provided, That nothing herein contained shall be construed 
     to entitle any person, firm, corporation, or association, 
     except the United States, to bring suit for injunctive relief 
     against any common carrier that is not a railroad subject to 
     the jurisdiction of the Surface Transportation Board under 
     subtitle IV of title 49, United States Code.''.

     SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.

       The sixth undesignated paragraph of section 7 of the 
     Clayton Act (15 U.S.C. 18) is amended to read as follows:
       ``Nothing contained in this section shall apply to 
     transactions duly consummated pursuant to authority given by 
     the Secretary of Transportation, Federal Power Commission, 
     Surface Transportation Board (except for transactions 
     described in section 11321 of that title), the Securities and 
     Exchange Commission in the exercise of its jurisdiction under 
     section 10 (of the Public Utility Holding Company Act of 
     1935), the United States Maritime Commission, or the 
     Secretary of Agriculture under any statutory provision 
     vesting such power in the Commission, Board, or Secretary.''.

     SEC. 4. LIMITATION OF PRIMARY JURISDICTION.

       The Clayton Act is amended by adding at the end thereof the 
     following:
       ``Sec. 29.  In any civil action against a common carrier 
     railroad under section 4, 4C, 15, or 16 of this Act, the 
     district court shall not be required to defer to the primary 
     jurisdiction of the Surface Transportation Board.''.

     SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT.

       (a) Clayton Act.--Section 11(a) of the Clayton Act (15 
     U.S.C. 21(a)) is amended by striking ``subject to 
     jurisdiction'' and all that follows through the first 
     semicolon and inserting ``subject to jurisdiction under 
     subtitle IV of title 49, United States Code (except for 
     agreements described in section 10706 of that title and 
     transactions described in section 11321 of that title);''.
       (b) FTC Act.--Section 5(a)(2) of the Federal Trade 
     Commission Act (15 U.S.C. 45(a)(2)) is amended by striking 
     ``common carriers subject'' and inserting ``common carriers, 
     except for railroads, subject''.

     SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS.

       Section 4 of the Clayton Act (15 U.S.C. 15) is amended by--
       (1) redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) inserting after subsection (a) the following:
       ``(b) Subsection (a) shall apply to a common carrier by 
     railroad subject to the jurisdiction of the Surface 
     Transportation Board under subtitle IV of title 49, United 
     States Code, without regard to whether such railroads have 
     filed rates or whether a complaint challenging a rate has 
     been filed.''.

     SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49.

       (a) In General.--Section 10706 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), by striking ``, and the Sherman 
     Act (15 U.S.C. 1 et seq.),'' and all that follows through 
     ``or carrying out the agreement'' in the third sentence;
       (B) in paragraph (4)--
       (i) by striking the second sentence; and
       (ii) by striking ``However, the'' in the third sentence and 
     inserting ``The''; and
       (C) in paragraph (5)(A), by striking ``, and the antitrust 
     laws set forth in paragraph (2) of this subsection do not 
     apply to parties and other persons with respect to making or 
     carrying out the agreement''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Application of Antitrust Laws.--
       ``(1) In general.--Nothing in this section exempts a 
     proposed agreement described in subsection (a) from the 
     application of the Sherman Act (15 U.S.C. 1 et seq.), the 
     Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of 
     the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 
     19, 1936 (15 U.S.C. 13, 13a, 13b, 21a).
       ``(2) Antitrust analysis to consider impact.--In reviewing 
     any such proposed agreement for the purpose of any provision 
     of law described in paragraph (1), the Board shall take into 
     account, among any other considerations, the impact of the 
     proposed agreement on shippers, on consumers, and on affected 
     communities.''.
       (b) Combinations.--Section 11321 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``The authority'' in the first sentence and 
     inserting ``Except as provided in sections 4 (15 U.S.C. 15), 
     4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 
     (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the 
     authority''; and
       (B) by striking ``is exempt from the antitrust laws and 
     from all other law,'' in the third sentence and inserting 
     ``is exempt from all other law (except the antitrust laws 
     referred to in subsection (c)),''; and
       (2) by adding at the end the following:
       ``(c) Application of Antitrust Laws.--
       ``(1) In general.--Nothing in this section exempts a 
     transaction described in subsection (a) from the application 
     of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 
     U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act 
     (15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13, 
     13a, 13b, 21a). The preceding sentence shall not apply to any 
     transaction relating to the pooling of railroad cars approved 
     by the Surface Transportation Board or its predecessor agency 
     pursuant to section 11322 of title 49, United States Code.
       ``(2) Antitrust analysis to consider impact.--In reviewing 
     any such transaction for the purpose of any provision of law 
     described in paragraph (1), the Board shall take into 
     account, among any other considerations, the impact of the 
     transaction on shippers and on affected communities.''.
       (c) Conforming Amendments.--
       (1) The heading for section 10706 of title 49, United 
     States Code, is amended to read as follows: ``Rate 
     agreements''.
       (2) The item relating to such section in the chapter 
     analysis at the beginning of chapter 107 of such title is 
     amended to read as follows:

``10706. Rate agreements.''.

     SEC. 8. EFFECTIVE DATE.

       (a) In General.--Subject to the provisions of subsection 
     (b), this Act shall take effect on the date of enactment of 
     this Act.
       (b) Conditions.--
       (1) Previous conduct.--A civil action under section 4, 15, 
     or 16 of the Clayton Act (15 U.S.C. 15, 25, 26) or complaint 
     under section 5 of the Federal Trade Commission Act (15 
     U.S.C. 45) may not be filed with respect to any conduct or 
     activity that occurred prior to the date of enactment of this 
     Act that was previously exempted from the antitrust laws as 
     defined in section 1 of the Clayton Act (15 U.S.C. 12) by 
     orders of the Interstate Commerce Commission or the Surface 
     Transportation Board issued pursuant to law.
       (2) Grace period.--A civil action or complaint described in 
     paragraph (1) may not be filed earlier than 180 days after 
     the date of enactment of this Act with respect to any 
     previously exempted conduct or activity or previously 
     exempted agreement that is continued subsequent to the date 
     of enactment of this Act.

  Mr. FEINGOLD. Mr. President, I would like to thank the senior Senator 
from Wisconsin for his hard work to address antitrust issues in the 
rail industry along with other industries as Chairman of the Antitrust, 
Competition Policy and Consumer Rights Subcommittee of the Judiciary 
Committee. I have been pleased to support his efforts to bring 
antitrust scrutiny to the large freight railroads since he first 
introduced a version of this legislation in 2006. As Senator Kohl well 
knows, this is a vitally important issue for rail customers and 
ultimately consumers both in Wisconsin and across the country.

[[Page 174]]

  Over the past several years, I have heard more and more comments and 
concerns from freight rail customers at my town hall meetings in 
Wisconsin and my meetings in Washington. The concerns have come from 
constituents who rely on freight railroads to transport their goods or 
receive raw materials. The comments I have heard have been diverse by 
industry, ranging from forestry, energy, farming, and petrochemical 
companies to various manufacturers, and by size, from family owned 
enterprises to large corporations. The problems they have described do 
not seem to be isolated incidents, but instead suggest a systematic 
continuing problem.
  There are several general concerns that seem to apply no matter which 
class of railroad is discussed. While outright refusals of transport 
may be rare, several of my constituents have found it difficult to get 
timely estimates of costs for carriage for their cargo. This seems to 
especially be a problem for short distances or small loads, or if the 
cargo is only on the originating railroads' tracks for a short 
distance. Many have said that they feel like second-class citizens, 
denied the better service and dedicated trains that the long-haul 
receive.
  I have also heard about problems with changes to transportation 
schedules, and problems with rail car delivery and ancillary services 
such as scales. Many rail customers seem to feel that as railroads 
continued to merge over the past two decades, service, especially for 
small customers, has declined dramatically. Again, this seems to 
especially affect small railroad customers who are dependent on rail 
transport, but face difficulty in receiving cars to fill, moving filled 
cars in a timely manner or weighing their loads.
  Of course cost is also an issue, but it is not just the cost of 
transportation. Some rail customers feel that the Surface 
Transportation Board, STB, complaint process is too costly, slow and 
tilted in favor of the railroads over the customers. They contend that 
these hurdles to exposing anticompetitive practices have the effect of 
perpetuating the unfair treatment and excessive rates they experience.
  Senator Kohl's proposal would remove the current railroad antitrust 
exemptions so that railroads would be covered like other segments of 
industry. The Department of Justice and the Federal Trade Commission 
would then have the authority to review mergers and block anti-
competitive mergers. The legislation would also expand the ability of 
State Attorneys General and private parties to halt anti-competitive 
behavior and seek up to treble damages for any such violations.
  I believe this is a very reasonable and measured proposal as 
evidenced by the bill being passed out of the Judiciary Committee in 
the previous Congress by voice vote. I look forward to supporting 
Senator Kohl's efforts to move the legislation through committee again 
and push for its passage into law during the current Congress.
  While I hope that providing the Department of Justice the authority 
to review possible antitrust violations as proposed in the current bill 
will improve the situation for many shippers, it may have to go hand-
in-hand with reforms at the STB as were contemplated in the previous 
Congress by Senator Rockefeller's Railroad Competition and Service 
Improvements Act of 2007.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Rockefeller, Mr. Wyden, and 
        Mr. Whitehouse):
  S. 147. A bill to require the closure of the detention facility at 
Guantanamo Bay, Cuba, to limit the use of certain interrogation 
techniques, to prohibit interrogation by contractors, to require 
notification of the International Committee of the Red Cross of 
detainees, and for other purposes; to the Select Committee on 
Intelligence.
  Mrs. FEINSTEIN. Today, I am introducing the Lawful Interrogation and 
Detention Act of 2009--legislation intended to reverse the harmful, 
dangerous, un-American, and illegal detention and interrogation 
practices of the past seven years.
  As I will describe in detail below, the four provisions in this bill 
would: Close the Guantanamo Bay detention centers, outlaw CIA's 
coercive interrogation program, prevent the use of contractor 
interrogations, and end secret detention at CIA black sites.
  These practices have brought shame to our nation, have harmed our 
ability to fight the war on terror, and, I believe, violate U.S. law 
and international treaty obligations.
  As was made crystal clear on last November 4, we need change and we 
need a new direction. When it comes to the war on terrorism, we need to 
disavow ``the Dark Side'' so embraced by the Bush administration. 
Instead, we need to follow our approach honed through the Cold War: 
standing by the strength of our values and ideals, building strong 
partnerships with allies, and mixing soft power with the force of our 
military might.
  This legislation would put us back on the right track and I believe 
it to be fully consistent with the policies and intentions of 
President-elect Obama.
  It is time to end the failed experiment at Guantanamo Bay. It is time 
to repudiate torture and secret disappearances. It is time to end the 
outsourcing of coercive interrogations to outside mercenaries. It is 
time to return to the norms and values that have driven the United 
States to greatness since the days of George Washington, but have been 
tarnished in the past 7 years.
  First, this legislation requires the President to close the detention 
facilities at Guantanamo Bay within 12 months.
  The need to close Guantanamo is clear. Along with the abuses at Abu 
Ghraib, Guantanamo has been decried as American hypocrisy and cruelty 
throughout the world. They have given aid in recruiting to our enemies, 
and have been named by Navy General Counsel Alberto Mora as the leading 
causes of death to U.S. troops in Iraq.
  Numerous reports, most recently one completed and approved 
unanimously by the Senate Armed Services Committee, have documented the 
abusive methods used at Guantanamo.
  Beyond the physical, psychological, and emotional abuse witnessed at 
Guantanamo, it has been the source of great legal embarrassment. The 
Supreme Court has struck down the Bush administration's legal reasoning 
four separate times: in the Rasul, Hamdi, Hamdan, and Boumediene 
decisions.
  It was explicitly created to be a separate and lesser system of 
justice, to hold people captured on or near the battlefield in 
Afghanistan indefinitely. It has produced exactly three convictions, 
including Australian David Hicks who agreed to a plea bargain to get 
off the island, and Osama bin Ladin's driver, Salim Hamdan, who has 
already served almost all of his sentence through time already spent at 
Guantanamo.
  The hard part about closing Guantanamo is not deciding to do it--it 
is figuring out what to do with the remaining detainees.
  Under the Lawful Interrogation and Detention Act, the approximately 
250 individuals now being held there would be handled in one of five 
ways:
  They could be charged with a crime and tried in the United States in 
the Federal civilian or military justice systems. These systems have 
handled terrorists and other dangerous individuals before, and are 
capable of dealing with classified evidence and other unusual factors.
  Individuals could be transferred to an international tribunal to hold 
hearings, if such a tribunal is created; detainees could be returned to 
their native countries, or if that is not possible, they could be 
transferred to a third country.
  To date, more than 500 men have been sent from Guantanamo to the 
custody other countries. Recently, Portugal and other nations have 
suggested they would be open to taking some of the remaining detainees 
as a way to help close Guantanamo.
  If there are detainees who can't be charged with crimes or 
transferred to the custody of another country, there is a fourth 
option. If the Secretary of Defense and the Director of National 
Intelligence agree that an individual poses no security threat to the 
United

[[Page 175]]

States, the U.S. Government may release him.
  This may work, for example, for the Chinese Uighurs remaining at 
Guantanamo. In fact, a Federal court has already ordered that this 
group be released into the country, though that ruling has been stayed 
upon appeal.
  Finally, for detainees who cannot be addressed in any of the first 
four options, the Executive Branch could hold them under the existing 
authorities provided by the law of armed conflict.
  I believe that these options provide sufficient flexibility to handle 
the 250 or so people now being held at Guantanamo. If the incoming 
Obama Administration decides that other alternatives are needed, it 
should come to Congress, explain the specifics of the problem, and we 
will work toward a joint legislative solution.
  The other three provisions in this legislation end parts of the CIA's 
secret detention and interrogation program.
  Some of the details of the program are already publicly known, like 
the use of waterboarding on three individuals. Other aspects remain 
secret, such as the other authorized interrogation techniques and how 
they were used.
  There have been public allegations of multiple deaths of detainees in 
CIA custody. There was one conviction of a CIA contractor in the death 
of a detainee in Afghanistan, but other details remain classified.
  But it is well known that on August 1, 2002, the Justice Department 
approved coercive interrogation techniques, including waterboarding, 
for the CIA's use. This despite the fact that the Justice Department 
has prosecuted the use of waterboarding and the State Department has 
decried it overseas.
  The Administration used warped logic and faulty reasoning to say 
waterboarding technique was not torture. It is.
  Other interrogation techniques used by the CIA have not been 
acknowledged but are still authorized for use. This has to end.
  But we will never turn this sad page in our nation's history until 
all coercive techniques are banned, and are replaced with a single, 
clear, uniform standard across the United States Government.
  That standard established by this legislation is the interrogation 
protocols set out in the Army Field Manual. The 19 specified techniques 
work for the military and operate under the same framework as the time-
honored approach of the Federal Bureau of Investigation. If the CIA 
would abide by its terms, it would work for the CIA as well.
  These techniques were at the heart of former FBI Special Agent Jack 
Cloonan's successful interrogation of those responsible for the 1993 
World Trade Center bombing. They were also the tools used by Special 
Agent George Piro to get Saddam Hussein to provide the evidence that 
resulted in his death sentence.
  We have powerful expert testimony that the Army Field Manual 
techniques work against terrorist suspects. The Manual's use across the 
government is supported by scores of retired generals and admirals, by 
General David Petraeus, and by former secretaries of state and national 
security advisors in both parties.
  Majorities in both houses of Congress passed this provision last year 
as part of the Fiscal Year 2008 Intelligence Authorization bill, 
sending a clear message that we do not support coercive interrogations.
  Regrettably, the President's veto stopped it from becoming law.
  The new President agrees that we need to end coercive interrogations 
and to comply strictly to the terms of the Convention Against Torture 
and the Geneva Conventions. I look forward to working with him to end 
this sad story in the Nation's history.
  The third part of this legislation is a ban on contractor 
interrogators at the CIA. As General Hayden has testified, the CIA 
hires and keeps on contract people who are not intelligence 
professionals and whose sole job is to ``break'' detainees and get them 
to talk.
  I firmly believe that outsourcing interrogations, whether coercive or 
more appropriate ones, to private companies is a way to diminish 
accountability and to avoid getting the Agency's hands dirty. I also 
believe that the use of contractors leads to more brutal interrogations 
than if they were done by government employees.
  There are surely areas where paying contractors makes practical and 
financial sense. Interrogations--a form of collecting intelligence--is 
not one of them. This has become a major diplomatic issue, a key 
obstacle in prosecuting people like Abu Zubaydah and Khalid Shaykh 
Mohammed, and a national black eye. It is not the sort of thing to be 
done at arm's length.
  The fourth and final provision in this legislation requires that the 
CIA and other intelligence agencies provide notification to the 
International Committee of the Red Cross--the ICRC--of their detainees. 
Following notification, the CIA will be required to provide ICRC 
officials with access to their detainees in the same way that the 
military does.
  Access by the ICRC is a hallmark of international law and is required 
by the Geneva Conventions. Access to a third party, and the ICRC in 
particular, was seen by the U.S. in 1947 as a guarantee that American 
men and women would be protected if they were ever captured overseas.
  But ICRC access has been denied at CIA black sites, just like it had 
been in some military-run facilities in the war on terror. This has, in 
part, opened the door to the abuses in detainee treatment. Independent 
access prevents abuses like we witnessed at Abu Ghraib and Guantanamo 
Bay. It is time that the same protection is in place for the CIA as has 
been demanded of the Department of Defense.
  We remain a nation at war, and credible, actionable intelligence 
remains a cornerstone of our war effort. But this is a war that will be 
won by fighting smarter, not by sinking to the depths of our enemies.
  Our Nation has paid an enormous price because of these 
interrogations.
  They cast shadow and doubt over our ideals and our system of justice.
  Our enemies have used our practices to recruit more extremists.
  Our key global partnerships, crucial to winning the war on terror, 
have been strained.
  It will take time to resume our place as the world's beacon of 
liberty and justice. This bill will put us on that path and start the 
process. I urge its passage.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 147

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lawful Interrogation and 
     Detention Act''.

     SEC. 2. INTELLIGENCE COMMUNITY DEFINED.

       In this Act, the term ``intelligence community'' has the 
     meaning given that term in section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4)).

     SEC. 3. CLOSURE OF DETENTION FACILITY AT GUANTANAMO BAY.

       (a) Requirement to Close.--Not later than 1 year after the 
     date of the enactment of this Act, the President shall close 
     the detention facility at Guantanamo Bay, Cuba operated by 
     the Secretary of Defense and remove all detainees from such 
     facility.
       (b) Detainees.--Prior to the date that the President closes 
     the detention facility at Guantanamo Bay, Cuba, as required 
     by subsection (a), each individual detained at such facility 
     shall be treated exclusively through one of the following:
       (1) The individual shall be charged with a violation of 
     United States or international law and transferred to a 
     military or Federal civilian detention facility in the United 
     States for further legal proceedings, provided that such a 
     Federal civilian facility or military facility has received 
     the highest security rating available for such a facility.
       (2) The individual shall be transferred to an international 
     tribunal operating under the authority of the United Nations 
     that has jurisdiction to hold a trial of such individual.
       (3) The individual shall be transferred to the custody of 
     the government of the individual's country of citizenship or 
     a different country, provided that such transfer is 
     consistent with--

[[Page 176]]

       (A) the Convention Against Torture and Other Forms of 
     Cruel, Inhuman or Degrading Treatment or Punishment done at 
     New York, December 10, 1984;
       (B) all relevant United States law; and
       (C) any other international obligation of the United 
     States.
       (4) If the Secretary of Defense and Director of National 
     Intelligence determine, jointly, that the individual poses no 
     security threat to the United States and actions cannot be 
     taken under paragraph (1) or (3), the individual shall be 
     released from further detention.
       (5) The individual shall be held in accordance with the law 
     of armed conflict.
       (c) Reporting Requirements.--
       (1) Requirement for report.--Not later than 90 days after 
     the date of the enactment of this Act, the President shall 
     submit to Congress a report that describes the President's 
     plan to implement this section.
       (2) Requirement to update.--The President shall keep 
     Congress fully and currently informed of the steps taken to 
     implement this section.
       (d) Construction.--
       (1) Immigration status.--The transfer of an individual 
     under subsection (b) shall not be considered an entry into 
     the United States for purposes of immigration status.
       (2) No additional detention authority.--Nothing in this 
     section may be construed as altering or adding to existing 
     authorities for, or restrictions on, the detention, 
     treatment, or transfer of individuals in United States 
     custody.

     SEC. 4. LIMITATION ON INTERROGATION TECHNIQUES.

       No individual in the custody or under the effective control 
     of personnel of an element of the intelligence community or a 
     contractor or subcontractor of an element of the intelligence 
     community, regardless of nationality or physical location of 
     such individual or personnel, shall be subject to any 
     treatment or technique of interrogation not authorized by the 
     United States Army Field Manual on Human Intelligence 
     Collector Operations.

     SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRACTORS.

       The Director of the Central Intelligence Agency shall not 
     allow a contractor or subcontractor to the Central 
     Intelligence Agency to carry out an interrogation of an 
     individual. Any interrogation carried out on behalf of the 
     Central Intelligence Agency shall be conducted by an employee 
     of such Agency.

     SEC. 6. NOTIFICATION OF THE INTERNATIONAL COMMITTEE OF THE 
                   RED CROSS.

       (a) Requirement.--The head of an element of the 
     intelligence community or a contractor or subcontractor of 
     such element who detains or has custody or effective control 
     of an individual shall notify the International Committee of 
     the Red Cross of the detention of the individual and provide 
     access to such individual in a manner consistent with the 
     practices of the Armed Forces.
       (b) Construction.--Nothing in this section shall be 
     construed--
       (1) to create or otherwise imply the authority to detain; 
     or
       (2) to limit or otherwise affect any other rights or 
     obligations which may arise under the Geneva Conventions, 
     other international agreements, or other laws, or to state 
     all of the situations under which notification to and access 
     for the International Committee of the Red Cross is required 
     or allowed.
                                 ______
                                 
      By Mr. KOHL:
  S. 148. A bill to restore the rule that agreements between 
manufacturers and retailers, distributors, or wholesalers to set the 
minimum price below which the manufacturer's product or service cannot 
be sold violates the Sherman Act; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce legislation 
essential to consumers receiving the best prices on every product from 
electronics to clothing to groceries. My bill, the Discount Pricing 
Consumer Protection Act, will restore the nearly century old rule that 
it is illegal under antitrust law for a manufacturer to set a minimum 
price below which a retailer cannot sell the manufacturer's product, a 
practice known as ``resale price maintenance'' or ``vertical price 
fixing''. In June 2007, overturning a 96-year-old precedent, a narrow 
5-4 Supreme Court majority in the Leegin case incorrectly interpreted 
the Sherman Act to overturn this basic rule of the marketplace which 
has served consumers well for nearly a century. My bill--identical to 
legislation I introduced in 2007 (S. 2261 in the 110th Congress)--will 
correct this misinterpretation of antitrust law and restore the per se 
ban on vertical price fixing. Our bill has been endorsed by 34 state 
attorneys general as well as numerous antitrust experts, including 
former FTC Chairman Pitofsky and current FTC Commissioner Harbour.
  The reasons for this legislation are compelling. Allowing 
manufacturers to set minimum retail prices will threaten the very 
existence of discounting and discount stores, and lead to higher prices 
for consumers. For nearly a century the rule against vertical price 
fixing permitted discounters to sell goods at the most competitive 
price. Many credit this rule with the rise of today's low price, 
discount retail giants--stores like Target, Best Buy, Walmart, and the 
Internet sites Amazon and EBay, which offer consumers a wide array of 
highly desired products at discount prices.
  From my own personal experience in business I know of the dangers of 
permitting vertical price fixing. My family started the Kohl's 
department stores in 1962, and I worked there for many years before we 
sold the stores in the 1980s. On several occasions, we lost lines of 
merchandise because we tried to sell at prices lower than what the 
manufacturer and our rival retailers wanted. For example, when we 
started Kohl's and were just a small competitor to the established 
retail giants, we had serious difficulties obtaining the leading brand 
name jeans. The traditional department stores demanded that the 
manufacturer not sell to us unless we would agree to maintain a certain 
minimum price. Because they didn't want to lose the business of their 
biggest customers, that jeans manufacturer acquiesced in the demands of 
the department stores--at least until our lawyers told them that they 
were violating the rule against vertical price fixing.
  So I know firsthand the dangers to competition and discounting of 
permitting the practice of vertical price fixing. But we don't need to 
rely on my own experience. For nearly 40 years until 1975 when Congress 
passed the Consumer Goods Pricing Act, Federal law permitted States to 
enact so-called ``fair trade'' laws legalizing vertical price fixing. 
Studies Department of Justice conducted in the late 1960s indicated 
that prices were between 18-27 percent higher in the States that 
allowed vertical price fixing than the States that had not passed such 
``fair trade'' laws, costing consumers at least $ 2.1 billion per year 
at that time.
  Given the tremendous economic growth in the intervening decades, the 
likely harm to consumers if vertical price fixing were permitted is 
even grater today. In his dissenting opinion in the Leegin case, 
Justice Breyer estimated that if only 10 percent of manufacturers 
engaged in vertical price fixing, the volume of commerce affected today 
would be $ 300 billion, translating into retail bills that would 
average $ 750 to $ 1,000 higher for the average family of four every 
year.
  And the experience of the last year and a half since the Leegin 
decision is beginning to confirm our fears regarding the dangers from 
permitting vertical price fixing. In December 2008, for example, Sony 
announced that it would implement a no-discount rule to retailer's 
selling some of its most in-demand products, including some models of 
high-end flat screen TVs and digital cameras. On December 4, 2008, the 
Wall Street Journal reported that a new business has materialized for 
companies that scour the Internet in search of retailers selling 
products at a bargain. When such bargain sellers are detected, the 
manufacturer is alerted so that they can demand the seller end the 
discounting of its product. The chilling effect on discounting of such 
tactics is clear--in one example, the Wall Street Journal reported that 
Circuit City was forced to raise its retail price for an LG flat screen 
TV by $ 170 to nearly $ 1,600 after its discount price was discovered 
on the Internet.
  Defenders of the Leegin decision argue that today's giant retailers 
such as Walmart, Best Buy or Target can ``take care of themselves'' and 
have sufficient market power to fight manufacturer efforts to impose 
retail prices. Whatever the merits of that argument, I am particularly 
worried about the effect of this new rule permitting minimum vertical 
price fixing on the next generation of discount retailers. If new 
discount retailers can be prevented from selling products at a discount 
at the behest of an established retailer worried about the competition, 
we will

[[Page 177]]

imperil an essential element of retail competition so beneficial to 
consumers.
  In overturning the per se ban on vertical price fixing, the Supreme 
Court in Leegin announced this practice should instead be evaluated 
under what is known as the ``rule of reason.'' Under the rule of 
reason, a business practice is illegal only if it imposes an 
``unreasonable'' restraint on competition. The burden is on the party 
challenging the practice to prove in court that the anti-competitive 
effects of the practice outweigh its justifications. In the words of 
the Supreme Court, the party challenging the practice must establish 
the restraint's ``history, nature and effect.'' Whether the businesses 
involved possess market power ``is a further, significant 
consideration'' under the rule of reason.
  In short, establishing that any specific example of vertical price 
fixing violates the rule of reason is an onerous and difficult burden 
for a plaintiff in an antitrust case. Parties complaining about 
vertical price fixing are likely to be small discount stores with 
limited resources to engage in lengthy and complicated antitrust 
litigation. These plaintiffs are unlikely to possess the facts 
necessary to make the extensive showing necessary to prove a case under 
the ``rule of reason.'' In the words of FTC Commissioner Pamela Jones 
Harbour, applying the rule of reason to vertical price fixing ``is a 
virtual euphemism for per se legality.''
  In July 2007, our Antitrust Subcommittee conducted an extensive 
hearing into the Leegin decision and the likely effects of abolishing 
the ban on vertical price fixing. Both former FTC Chairman Robert 
Pitofsky and current FTC Commissioner Harbour strongly endorsed 
restoring the ban on vertical price fixing. Marcy Syms, CEO of the Syms 
discount clothing stores, did so as well, citing the likely dangers to 
the ability of discounters such as Syms to survive after abolition of 
the rule against vertical price fixing. Ms. Syms also stated that ``it 
would be very unlikely for her to bring an antitrust suit'' challenging 
vertical price fixing under the rule of reason because her company 
``would not have the resources, knowledge or a strong enough position 
in the marketplace to make such action prudent.'' Our examination of 
this issue has produced compelling evidence for the continued necessity 
of a ban on vertical price fixing to protect discounting and low prices 
for consumers.
  The Discount Pricing Consumer Protection Act will accomplish this 
goal. My legislation is quite simple and direct. It would simply add 
one sentence to Section 1 of the Sherman Act--the basic provision 
addressing combinations in restraint of trade--a statement that any 
agreement with a retailer, wholesaler or distributor setting a price 
below which a product or service cannot be sold violates the law. No 
balancing or protracted legal proceedings will be necessary. Should a 
manufacturer enter into such an agreement it will unquestionably 
violate antitrust law. The uncertainty and legal impediments to 
antitrust enforcement of vertical price fixing will be replaced by 
simple and clear legal rule--a legal rule that will promote low prices 
and discount competition to the benefit of consumers every day.
  In the last few decades, millions of consumers have benefited from an 
explosion of retail competition from new large discounters in virtually 
every product, from clothing to electronics to groceries, in both ``big 
box'' stores and on the Internet. Our legislation will correct the 
Supreme Court's abrupt change to antitrust law, and will ensure that 
today's vibrant competitive retail marketplace and the savings gained 
by American consumers from discounting will not be jeopardized by the 
abolition of the ban on vertical price fixing. I urge my colleagues to 
support this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 148

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Discount Pricing Consumer 
     Protection Act''.

     SEC. 2. STATEMENT OF FINDINGS AND DECLARATION OF PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) From 1911 in the Dr. Miles decision until June 2007 in 
     the Leegin decision, the Supreme Court had ruled that the 
     Sherman Act forbid in all circumstances the practice of a 
     manufacturer setting a minimum price below which any 
     retailer, wholesaler or distributor could not sell the 
     manufacturer's product (the practice of ``resale price 
     maintenance'' or ``vertical price fixing'').
       (2) The rule of per se illegality forbidding resale price 
     maintenance promoted price competition and the practice of 
     discounting all to the substantial benefit of consumers and 
     the health of the economy.
       (3) Many economic studies showed that the rule against 
     resale price maintenance led to lower prices and promoted 
     consumer welfare.
       (4) Abandoning the rule against resale price maintenance 
     will likely lead to higher prices paid by consumers and 
     substantially harms the ability of discount retail stores to 
     compete. For 40 years prior to 1975, Federal law permitted 
     states to enact so-called ``fair trade'' laws allowing 
     vertical price fixing. Studies conducted by the Department of 
     Justice in the late 1960s indicated that retail prices were 
     between 18 and 27 percent higher in states that allowed 
     vertical price fixing than those that did not. Likewise, a 
     1983 study by the Bureau of Economics of the Federal Trade 
     Commission found that, in most cases, resale price 
     maintenance increased the prices of products sold.
       (5) The 5-4 decision of the Supreme Court majority in 
     Leegin incorrectly interpreted the Sherman Act and improperly 
     disregarded 96 years of antitrust law precedent in 
     overturning the per se rule against resale price maintenance.
       (b) Purposes.--The purposes of this Act are--
       (1) to correct the Supreme Court's mistaken interpretation 
     of the Sherman Act in the Leegin decision; and
       (2) to restore the rule that agreements between 
     manufacturers and retailers, distributors or wholesalers to 
     set the minimum price below which the manufacturer's product 
     or service cannot be sold violates the Sherman Act.

     SEC. 3. PROHIBITION ON VERTICAL PRICE FIXING.

       (a) Amendment to the Sherman Act.--Section 1 of the Sherman 
     Act (15 U.S.C. 1) is amended by adding after the first 
     sentence the following: ``Any contract, combination, 
     conspiracy or agreement setting a minimum price below which a 
     product or service cannot be sold by a retailer, wholesaler, 
     or distributor shall violate this Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 90 days after the date of enactment of this 
     Act.
                                 ______
                                 
      By Mr. KOHL:
  S. 149. A bill to change the date for regularly scheduled Federal 
elections and establish polling place hours; to the Committee on Rules 
and Administration.
  Mr. KOHL. Mr. President, today I rise to introduce the Weekend Voting 
Act. This legislation will change the day for Congressional and 
Presidential elections from the first Tuesday in November to the first 
weekend in November. This legislation is nearly identical to 
legislation that I first proposed in 1997.
  We have recently completed the most serious business of our 
democracy--a Presidential election in which millions and millions of 
citizens demonstrated an enormous amount of enthusiasm. We all want 
every eligible voter to participate and cast a vote. But recent 
experience has shown us that unneeded obstacles are placed preventing 
citizens from exercising their franchise. The debacle of defective 
ballots and voting methods in Florida in the 2000 election galvanized 
Congress into passing major election reform legislation. The Help 
America Vote Act, which was enacted into law in 2002, was an important 
step forward in establishing minimum standards for States in the 
administration of Federal elections and in providing funds to replace 
outdated voting systems and improve election administration. However, 
there is much that still needs to be done.
  With more and more voters seeking to cast their ballots on Election 
Day, we need to build on the movement which already exists to make it 
easier for Americans to cast their ballots by providing alternatives to 
voting on just one election day. Twenty-eight States, including my own 
State of Wisconsin, now permit any registered voter to vote by absentee 
ballot. These states

[[Page 178]]

constitute nearly half of the voting age citizens of the United States. 
Thirty-one States permit in-person early voting at election offices or 
at other satellite locations. The State of Oregon now conducts 
statewide elections completely by mail. These innovations are critical 
if we are to conduct fair elections for it has become unreasonable to 
expect that a Nation of 300 million people can line up at the same time 
and cast their ballots at the same time. If we continue to try to do 
so, we will encounter even more reports of broken machines and long 
lines in the rain and registration errors that create barriers to 
voting.
  That is why I have been a long-time advocate of moving our Federal 
election day from the first Tuesday after the first Monday in November 
to the first weekend in November. Holding our Federal elections on a 
weekend will create more opportunities for voters to cast their ballots 
and will help end the gridlock at the polling places which threaten to 
undermine our elections.
  Under this bill, polls would be open nationwide for a uniform period 
of time from 10 a.m. Saturday eastern time to 6 p.m. Sunday eastern 
time. Polls in all time zones would in the 48 contiguous states also 
open and close at this time. Election officials would be permitted to 
close polls during the overnight hours if they determine it would be 
inefficient to keep them open. Because the polls would be open on both 
Saturday and Sunday, they also would not interfere with religious 
observances.
  Keeping polls open the same hours across the continental United 
States, also addresses the challenge of keeping results on one side of 
the country, or even a state, from influencing voting in places where 
polls are still open. Moving elections to the weekend will expand the 
pool of buildings available for polling stations and people available 
to work at the polls, addressing the critical shortage of poll workers.
  Most important, weekend voting has the potential to increase voter 
turnout by giving all voters ample opportunity to get to the polls 
without creating a national holiday. There is already evidence that 
holding elections on a non-working day can increase voter turnout. In 
one survey of 44 democracies, 29 held elections on holidays or weekends 
and in all these cases voter turnout surpassed our country's voter 
participation rates.
  In 2001, the National Commission on Federal Election Reform 
recommended that we move our Federal election day to a national 
holiday, in particular Veterans Day. As expected, the proposal was not 
well received among veterans and I do not endorse such a move, but I 
share the Commission's goal of moving election day to a non-working 
day.
  Since the mid 19th century, election day has been on the first 
Tuesday of November. Ironically, this date was selected because it was 
convenient for voters. Tuesdays were traditionally court day, and land 
owning voters were often coming to town anyway.
  Just as the original selection of our national voting day was done 
for voter convenience, we must adapt to the changes in our society to 
make voting easier for the regular family. We have outgrown our Tuesday 
voting day tradition, a tradition better left behind to a bygone horse 
and buggy era. In today's America, 60 percent of all households have 
two working adults. Since most polls in the United States are open only 
12 hours on a Tuesday, generally from 7 a.m. to 7 or 8 p.m., voters 
often have only one or two hours to vote. As we've seen in recent 
elections, long lines in many polling places have kept some voters 
waiting much longer than one or two hours. If voters have children, and 
are dropping them off at day care, or if they have a long work commute, 
there is just not enough time in a workday to vote.
  With long lines and chaotic polling places becoming the unacceptable 
norm in many communities, we have an obligation to reform how our 
Nation votes. If we are to grant all Americans an equal opportunity to 
participate in the electoral process, and to elect our representatives 
in this great democracy, then we must be willing to reexamine all 
aspects of voting in America. Changing our election day to a weekend 
may seem like a change of great magnitude. Given the stakes--the 
integrity of future elections and full participation by as many 
Americans as possible--I hope my colleagues will recognize it as a 
commonsense proposal whose time has come.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 149

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Weekend Voting Act''.

     SEC. 2. CHANGE IN CONGRESSIONAL ELECTION DAY TO SATURDAY AND 
                   SUNDAY.

       Section 25 of the Revised Statutes (2 U.S.C. 7) is amended 
     to read as follows:
       ``Sec. 25. The first Saturday and Sunday after the first 
     Friday in November, in every even numbered year, are 
     established as the days for the election, in each of the 
     States and Territories of the United States, of 
     Representatives and Delegates to the Congress commencing on 
     the 3d day of January thereafter.''.

     SEC. 3. CHANGE IN PRESIDENTIAL ELECTION DAY TO SATURDAY AND 
                   SUNDAY.

       Section 1 of title 3, United States Code, is amended by 
     striking ``Tuesday next after the first Monday'' and 
     inserting ``first Saturday and Sunday after the first 
     Friday''.

     SEC. 4. POLLING PLACE HOURS.

       (a) In General.--
       (1) Presidential general election.--Chapter 1 of title 3, 
     United States Code, is amended--
       (A) by redesignating section 1 as section 1A; and
       (B) by inserting before section 1A the following:

     ``Sec. 1. Polling place hours

       ``(a) Definitions.--In this section:
       ``(1) Continental united states.--The term `continental 
     United States' means a State (other than Alaska and Hawaii) 
     and the District of Columbia.
       ``(2) Presidential general election.--The term 
     `Presidential general election' means the election for 
     electors of President and Vice President.
       ``(b) Polling Place Hours.--
       ``(1) Polling places in the continental united states.--
     Each polling place in the continental United States shall be 
     open, with respect to a Presidential general election, 
     beginning on Saturday at 10:00 a.m. eastern standard time and 
     ending on Sunday at 6:00 p.m. eastern standard time.
       ``(2) Polling places outside the continental united 
     states.--Each polling place not located in the continental 
     United States shall be open, with respect to a Presidential 
     general election, beginning on Saturday at 10:00 a.m. local 
     time and ending on Sunday at 6:00 p.m. local time.
       ``(3) Early closing.--A polling place may close between the 
     hours of 10:00 p.m. local time on Saturday and 6:00 a.m. 
     local time on Sunday as provided by the law of the State in 
     which the polling place is located.''.
       (2) Congressional general election.--Section 25 of the 
     Revised Statutes of the United States (2 U.S.C. 7) is 
     amended--
       (A) by redesignating section 25 as section 25A; and
       (B) by inserting before section 25A the following:

     ``SEC. 25. POLLING PLACE HOURS.

       ``(a) Definitions.--In this section:
       ``(1) Continental united states.--The term `continental 
     United States' means a State (other than Alaska and Hawaii) 
     and the District of Columbia.
       ``(2) Congressional general election.--The term 
     `congressional general election' means the general election 
     for the office of Senator or Representative in, or Delegate 
     or Resident Commissioner to, the Congress.
       ``(b) Polling Place Hours.--
       ``(1) Polling places inside the continental united 
     states.--Each polling place in the continental United States 
     shall be open, with respect to a congressional general 
     election, beginning on Saturday at 10:00 a.m. eastern 
     standard time and ending on Sunday at 6:00 p.m. eastern 
     standard time.
       ``(2) Polling places outside the continental united 
     states.--Each polling place not located in the continental 
     United States shall be open, with respect to a congressional 
     general election, beginning on Saturday at 10:00 a.m. local 
     time and ending on Sunday at 6:00 p.m. local time.
       ``(3) Early closing.--A polling place may close between the 
     hours of 10:00 p.m. local time on Saturday and 6:00 a.m. 
     local time on Sunday as provided by the law of the State in 
     which the polling place is located.''.
       (b) Conforming Amendments.--
       (1) The table of sections for chapter 1 of title 3, United 
     States Code, is amended by striking the item relating to 
     section 1 and inserting the following:

``1. Polling place hours.
``1A. Time of appointing electors.''.
       (2) Sections 871(b) and 1751(f) of title 18, United States 
     Code, are each amended by

[[Page 179]]

     striking ``title 3, United States Code, sections 1 and 2'' 
     and inserting ``sections 1A and 2 of title 3''.
                                 ______
                                 
      By Mr. LEAHY:
  S. 150. A bill to provide Federal assistance to States for rural law 
enforcement and for other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased today to introduce the Rural 
Law Enforcement Assistance Act of 2009, a bill designed to help rural 
communities deal with growing crime problems that threaten to become 
significantly worse as a result of the devastating economic crisis we 
face.
  Congress and the new administration are beginning this session 
focused on passing a stimulus bill that will provide hundreds of 
billions of dollars to restart our economy, create jobs, and reverse 
the economic downturn inherited from the Bush administration. The Bush 
administration has already provided hundreds of billions of dollars to 
rescue the financial industry, and President Bush released billions 
more for assistance to the auto industry. Despite our legislative 
efforts to protect jobs and the economy as a whole, little has been 
done to help the millions of people in rural America, who have been hit 
as hard as anyone by the devastating effects of this recession.
  We must help rural communities stay safe during this economic 
downturn. Rural areas, which lack the crime prevention and law 
enforcement resources often available in larger communities, have a 
particular need for assistance to combat the worsening drug and crime 
problems that threaten the well-being of our small cities and towns 
and, most particularly, our young people. The Rural Law Enforcement 
Assistance Act of 2009 will provide just this kind of help.
  This bill will reauthorize a rural law enforcement assistance program 
first passed by Congress in the early 1990s. Like so many valuable 
programs that help local law enforcement and crime prevention, funding 
for this program was allowed to lapse under the Bush administration, 
despite its effectiveness in contributing to the record drop in crime 
in the late 1990s.
  The program would authorize $75 million a year over the next 5 years 
in new Byrne grant funds for State and local law enforcement, 
specifically for rural States and rural areas within larger States. 
This support would be used to hire police officers, purchase necessary 
police equipment, and to promote the use of task forces and 
collaborative efforts with Federal law enforcement. Just as important, 
these funds would also be used for prevention and treatment programs in 
rural communities; programs that are necessary to combat crime and are 
too often the first programs cut in an economic downturn. This bill 
also authorizes $2 million a year over 5 years for specialized training 
for rural law enforcement officers, since training is another area 
often cut in hard times. This bill will immediately help cash-strapped 
rural communities with the law enforcement assistance they desperately 
need.
  In December, the Senate Judiciary Committee traveled to St. Albans, 
Vermont, to hear from the people of that resilient community about the 
growing problem of drug-related crime in rural America, and about the 
innovative steps they are taking to combat that scourge. The 
introduction of this bill is a step forward to apply the lessons 
learned in that hearing and in previous crime hearings in Vermont and 
elsewhere.
  Crime is not just a big city issue. As we heard in St. Albans last 
month, and at a hearing in Rutland, Vermont, earlier last year, the 
drugs and violence so long seen largely in urban areas now plague even 
our most rural and remote communities, as well. As the world grows 
smaller with better transportation and faster communication, so do our 
shared problems. Rural communities also face the added burden of 
fighting these crime problems without the sophisticated task forces and 
specialized squads so common in big cities and metropolitan areas. In 
fact, too many rural communities, whether in Vermont or other rural 
States, don't have the money for a local police force at all, and rely 
almost exclusively on the state police or other state-wide agencies for 
even basic police services. In this environment, we must do more to 
provide assistance to those rural communities most at risk and hardest 
hit by the economic crisis.
  Unfortunately, for the last 8 years, throughout the country, State 
and local law enforcement agencies have been stretched thin as they 
shoulder both traditional crime-fighting duties and new homeland 
security demands. They have faced continuous cuts in Federal funding 
during the Bush years, and time and time again, our State and local law 
enforcement officers have been unable to fill vacancies and get the 
equipment they need.
  This trend is unacceptable, and that is why we must restore funding 
for rural law enforcement that proved so successful in 1990s, when 
crime fell to record lows in rural and urban areas alike.
  As a former prosecutor, I have always advocated vigorous enforcement 
and punishment of those who commit serious crimes. But I also know that 
punishment alone will not solve the problems of drugs and violence in 
our rural communities. Police chiefs from Vermont and across the 
country have told me that we cannot arrest our way out of this problem.
  Combating drug use and crime requires all the tools at our disposal, 
including enforcement, prevention, and treatment. The best way to 
prevent crime is often to provide young people with opportunities and 
constructive things to do, so they stay away from drugs and crime 
altogether. If young people do get involved with drugs, treatment in 
many cases can work to help them to turn their lives around. Good 
prevention and treatment programs have been shown again and again to 
reduce crime, but regrettably, the Bush administration has consistently 
sought to reduce funding for these important programs. It is time to 
move in a new direction.
  I will work with the new administration to advance legislation that 
will give State and local law enforcement the support it needs, that 
will help our cities and towns to implement the kinds of innovative and 
proven community-based solutions needed to reduce crime. The 
legislation I introduce today is a beginning, addressing the urgent and 
unmet need to support our rural law enforcement as they struggle to 
combat drugs and crime.
  It is a first step for us to help our small cities and towns weather 
the worsening conditions of these difficult times and begin to move in 
a better direction. I hope Senators on both sides of the aisle will 
join me in supporting this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 150

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rural Law Enforcement 
     Assistance Act of 2009''.

     SEC. 2. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

       (a) Authorization of Appropriations for Rural Law 
     Enforcement.--Section 1001(a)(9) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)(9)) is amended to read as follows:
       ``(9) There are authorized to be appropriated to be carried 
     out part O--
       ``(A) $75,000,000 for fiscal year 2009;
       ``(B) $75,000,000 for fiscal year 2010;
       ``(C) $75,000,000 for fiscal year 2011;
       ``(D) $75,000,000 for fiscal year 2012; and
       ``(E) $75,000,000 for fiscal year 2013.''.
       (b) Clarification of Rural State Definition.--Section 
     1501(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796bb(b)) is amended by 
     striking all that follows ``a State in which the largest 
     county has fewer than'' and inserting ``200,000 people, based 
     on the decennial census of 2000 through fiscal year 2009.''.
       (c) Authorization of Appropriations for Rural Law 
     Enforcement Training.--Section 180103(b) of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14082(b)) 
     is amended to read as follows:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out subsection (a)--
       ``(1) $2,000,000 for fiscal year 2009;
       ``(2) $2,000,000 for fiscal year 2010;

[[Page 180]]

       ``(3) $2,000,000 for fiscal year 2011;
       ``(4) $2,000,000 for fiscal year 2012; and
       ``(5) $2,000,000 for fiscal year 2013.''.

     SEC. 3. CLARIFICATION OF TITLES.

       (a) Omnibus Crime Control Act.--Part O of the title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796bb et seq.) is amended by--
       (1) striking the part heading and inserting ``Rural Law 
     Enforcement''; and
       (2) striking the heading for section 1501 and inserting 
     ``RURAL LAW ENFORCEMENT ASSISTANCE''.
       (b) Violent Crime Control Act.--Section 180103 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14082) is amended by striking the heading for the 
     section and inserting ``Rural Law Enforcement Training''.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 151. A bill to protect Indian arts and crafts through the 
improvement of applicable criminal proceedings, and for other purposes; 
to the Committee on Indian Affairs.
  Mr. McCAIN. Mr. President, I am pleased to be joined by my colleagues 
Senator Thomas, Senator Kyl, and Senator Domenici in introducing a bill 
to amend the Indian Arts and Crafts Act. This legislation would improve 
Federal laws that protect the integrity and originality of Native 
American arts and crafts.
  The Indian Arts and Crafts Act prohibits the misrepresentation in 
marketing of Indian arts and crafts products, and makes it illegal to 
display or sell works in a manner that falsely suggests it's the 
product of an individual Indian or Indian Tribe. Unfortunately, the law 
is written so that only the Federal Bureau of Investigation, FBI, 
acting on behalf of the Attorney General, can investigate and make 
arrests in cases of suspected Indian art counterfeiters. The bill we 
are introducing would amend the law to expand existing Federal 
investigative authority by authorizing other Federal investigative 
bodies, such as the BIA Office of Law Enforcement, in addition to the 
FBI, to investigate cases of misrepresentation of Indian arts and 
crafts. This bill is similar to provisions included in S. 1255, which 
passed the Senate last Congress but wasn't acted on by the House, and 
the Native American Omnibus Technical Corrections Act of 2007, S. 2087.
  A major source of tribal and individual Indian income is derived from 
the sale of handmade Indian arts and crafts. Yet, millions of dollars 
are diverted each year from these original artists and Indian tribes by 
those who reproduce and sell counterfeit Indian goods. Few, if any, 
criminal prosecutions have been brought in Federal court for such 
violations. It is understandable that enforcing the criminal law under 
the Indian Arts and Crafts Act is often stalled by the other 
responsibilities of the FBI including investigating terrorism activity 
and violent crimes in Indian country. Therefore, expanding the 
investigative authority to include other Federal agencies is intended 
to promote the active investigation of alleged misconduct. It is my 
hope that this much needed change will deter those who choose to 
violate the law.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 152. A bill to direct the Secretary of the Interior and the 
Secretary of Agriculture to jointly conduct a study of certain land 
adjacent to the Walnut Canyon National Monument in the State of 
Arizona; to the Committee on Energy and Natural Resources.
  Mr. McCAIN. Mr. President, I am pleased to be joined by Senator Kyl 
in reintroducing legislation to authorize a special resources and land 
management study for lands adjacent to the Walnut Canyon National 
Monument in Arizona. The study is intended to evaluate a range of 
management options for public lands adjacent to the monument to ensure 
adequate protection of the canyon's cultural and natural resources. A 
similar bill was introduced last Congress and received a hearing in the 
Senate Energy and Natural Resources Committee's Subcommittee on 
National Parks. The bill being introduced today reflects suggested 
changes of that Subcommittee and includes language that met their 
approval. I am grateful for the input of the members of the 
Subcommittee and their staff.
  For several years, local communities adjacent to the Walnut Canyon 
National Monument have debated whether the land surrounding the 
monument would be best protected from future development under 
management of the U.S. Forest Service or the National Park Service. The 
Coconino County Board and the Flagstaff City Council have passed 
resolutions concluding that the preferred method to determine what is 
best for the land surrounding Walnut Canyon National Monument is by 
having a Federal study conducted. The recommendations from such a study 
would help to resolve the question of future management and whether 
expanding the monument's boundaries could compliment current public and 
multiple-use needs.
  The legislation also would direct the Secretary of the Interior and 
the Secretary of Agriculture to provide recommendations for management 
options for maintenance of the public uses and protection of resources 
of the study area. I fully expect that as this measure continues 
through the legislative process, Congress will ensure that funding 
offsets are provided to it and every other spending measure as we work 
to restore fiscal discipline to Washington in a bi-partisan manner.
  This legislation would provide a mechanism for determining the 
management options for one of Arizona's high uses scenic areas and 
protect the natural and cultural resources of this incredibly beautiful 
monument. I urge my colleagues to support its passage.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 153. A bill to amend the National Trails System Act to designate 
the Arizona National Scenic Trail; to the Committee on Energy and 
Natural Resources.
  Mr. McCAIN. Mr. President, I am pleased to be joined today by Senator 
Kyl in introducing the Arizona Trail Feasibility National Scenic Trail 
Act. This bill would designate the Arizona Trail as a National Scenic 
Trail.
  The Arizona Trail is a beautifully diverse stretch of public lands, 
mountains, canyons, deserts, forests, historic sites, and communities. 
The Trail is approximately 807 miles long and begins at the Coronado 
National Memorial on the U.S.-Mexico border and ends in the Bureau of 
Land Management's Arizona Strip District on the Utah border near the 
Grand Canyon. In between these two points, the Trail winds through some 
of the most rugged, spectacular scenery in the Western United States. 
The corridor for the Arizona Trail encompasses the wide range of 
ecological diversity in the state, and incorporates a host of existing 
trails into one continuous trail. In fact, the Trail route is so 
topographically diverse that a person can hike from the Sonoran Desert 
to Alpine forests in one day.
  For over a decade, more than 16 Federal, State, and local agencies, 
as well as community and business organizations, have partnered to 
create, develop, and manage the Arizona Trail. Through their combined 
efforts, these agencies and the members of the Arizona Trail 
Association have completed over 90 percent of the longest contiguous 
land-based trail in the State of Arizona. Designating the Arizona Trail 
as a National Scenic Trail would help streamline the management of the 
high-use trail to ensure that this pristine stretch of diverse land is 
preserved for future generations to enjoy.
  Since 1968, when the National Trails System Act was established, 
Congress has designated over 20 national trails. Before a trail 
receives a national designation, a federal study is typically required 
to assess the feasibility of establishing a trail route. The Arizona 
Trail doesn't require a feasibility study because it's virtually 
complete with less than 60 miles left to build and sign. All but 1-
percent of the trail resides on public land, and the unfinished 
segments don't involve private property. The trail meets the criteria 
to be labeled a National Scenic Trail and already appears on all 
Arizona state maps. Therefore, the Congress has reason to forego an 
unnecessary and costly feasibility study and proceed

[[Page 181]]

straight to National Scenic Trail designation.
  The Arizona Trail is known throughout the State as boon to outdoor 
enthusiasts. The Arizona State Parks recently released data showing 
that two-thirds of Arizonans consider themselves trail users. Millions 
of visitors also use Arizona's trails each year. In one of the fastest-
growing states in the United States, the designation of the Arizona 
Trail as a National Scenic Trail would ensure the preservation of a 
corridor of open space for hikers, mountain bicyclists, cross country 
skiers, snowshoers, eco-tourists, equestrians, and joggers.
  I urge my colleagues to support the passage of this legislation.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mrs. Lincoln, and Mr. Bunning):
  S. 155. A bill to amend the Internal Revenue Code of 1986 to suspend 
the taxation of unemployment compensation for 2 years; to the Committee 
on Finance.
  Ms. SNOWE. Mr. President, I rise today to reintroduce a bill I 
offered last December that will provide much-needed relief to 
struggling families across America. The Unemployment Benefit Tax 
Suspension Act of 2009 is a critical piece of legislation, which should 
be considered as part of any stimulus package, that would suspend the 
collection of Federal income tax on unemployment benefits for 2008 and 
2009. This bill would ensure that as individuals sit down in the next 
couple months to complete their 2008 tax bills, they will not have to 
worry about paying taxes on the unemployment benefits they received 
last year or can get refunds of taxes withheld. It also means that the 
unemployed would not be concerned with taxes on benefits paid this 
year. I thank Senators Lincoln and Bunning for joining me to introduce 
this legislation.
  In light of the calamitous labor market, Congress must act to ensure 
that workers who lose their jobs do not also lose their livelihoods. In 
December, the Labor Department released sobering statistics that 
demonstrated the gravity of the situation we face. In November, the 
economy shed 533,000 jobs, the largest monthly job loss since December 
1974. Our unemployment rate now stands at a perilous 6.7 percent, a 15-
year high. We have lost 1.9 million jobs since the beginning of our 
present recession in December 2007--including two-thirds of those jobs 
in the last 3 months alone--and the number of unemployed stands at a 
whopping 10.3 million.
  Suspending the Federal income tax on unemployment benefits is a 
simple way to assist our Nation's unemployed workers and families. In 
fact, the CBO has estimated that in 2005, of the 8.1 million recipients 
of unemployment compensation benefits, 7.5 million had incomes of under 
$100,000. As such, most of the benefits of suspending this tax are 
likely to go to lower- and middle-income families, those struggling 
harder than ever just to make ends meet.
  During these challenging times, taxes on unemployment compensation 
represents a burden that unemployed members of our society simply 
cannot afford. Working families are already suffering, with the high 
cost of groceries, an unstable energy market, and the outrageous 
pricetag for health care. My bill offers a means to help stimulate the 
economy by making unemployed workers' benefits stretch farther. While 
it is certainly not a solution to the problem, it is a step in the 
right direction.
  President-elect Obama has voiced his support for this general idea, 
calling it ``a way of giving more relief to families,'' and I believe 
that is the ultimate goal we must pursue in these trying times. I look 
forward to seeing this bill is passed in a timely manner, so that the 
impact can be immediate.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 155

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Unemployment Benefit Tax 
     Suspension Act of 2009''.

     SEC. 2. SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION.

       (a) In General.--Section 85 of the Internal Revenue Code of 
     1986 (relating to unemployment compensation) is amended by 
     adding at the end the following new subsection:
       ``(c) Temporary Suspension.--Subsection (a) shall not apply 
     to taxable years beginning after December 31, 2007, and 
     before January 1, 2010.''.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Kerry, and Ms. Landrieu):
  S. 156. A bill to amend the Internal Revenue Code of 1986 to extend 
enhanced small business expensing and to provide for a 5-year net 
operating loss carryback for losses incurred in 2008 or 2009; to the 
Committee on Finance.
  Ms, SNOWE. Mr. President, I rise today to introduce legislation to 
provide critical tax incentives to our Nation's small businesses, which 
will help them to make vital investments in new plant and equipment and 
weather the recession that is crippling our Nation's economy. The Small 
Business Stimulus Act of 2009 is just three pages, but by extending 
enhanced small business expensing and establishing a 5-year carryback 
for net operating losses, it would pack a powerful punch and assist 
America's 26 million small firms that represent over 99.7 of all 
employers. I am pleased that press reports indicate that President-
elect Obama will include these proposals in his stimulus initiative, 
and I hope that Congress will feature them in any legislation we pass 
in the coming weeks. I thank Senator Kerry for joining me to introduce 
this legislation.
  I have long championed so-called enhanced Section 179 expensing, and 
I was gratified that Congress, as part of the Economic Stimulus Act of 
2008, allowed small businesses in Maine and across the nation to 
expense up to $250,000 of their investments, including the purchase of 
essential new equipment. Unfortunately, the incentive in that bill was 
written to last just one year, and so, in 2009, absent additional 
action, small firms will be able to expense just $133,000 of new 
investment. Instead of being able to write off more of their equipment 
purchases immediately, firms will have to recover their costs over 5, 
7, or more years.
  At a time in which we find ourselves in a recession and our nation's 
small businesses are having trouble finding capital to make job-
creating new investments, we simply cannot allow that to occur. 
Accordingly, my bill would allow small businesses to continue expensing 
up to $250,000 of new investment in both 2009 and 2010. The purchase of 
new equipment will undoubtedly contribute to continued productivity 
growth in the business community, which economic experts have 
repeatedly stressed is essential to the long-term vitality of our 
economy.
  Second, my bill recognizes that many businesses that were once 
profitable are experiencing significant losses as a result of current 
economic conditions. As a result, many are curtailing operations, and 
over 2 million Americans lost their jobs in 2008. It is for this reason 
that I am introducing a proposal to extend the net operating loss 
carryback period from 2 to 5 years. In this way, businesses reporting 
losses in 2008 and 2009 may offset those losses against profits from as 
many as 5 years in the past and claim an immediate tax refund. They can 
use that money to help sustain operations and retain employees while 
the economy recovers. This proposal should be particularly beneficial 
to small businesses, which are responsible for creating 75 percent of 
net new jobs. Finally, I would note that although I proposed this very 
change in January 2008 and it cleared the Finance Committee as part of 
last year's stimulus legislation, it was subsequently dropped in 
negotiations with the House of Representatives. I hope that this worthy 
proposal does not suffer the same fate this year.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page 182]]



                                 S. 156

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Stimulus Act 
     of 2009''.

     SEC. 2. EXTENSION OF INCREASED EXPENSING FOR SMALL 
                   BUSINESSES.

       (a) In General.--Paragraph (7) of section 179(b) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``2008'' and inserting ``2008, 2009, or 
     2010'', and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2008, 2009, or 2010''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 3. 5-YEAR CARRYBACK OF NET OPERATING LOSSES.

       (a) In General.--Subparagraph (H) of section 172(b)(1) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(H) Carryback for 2008 and 2009 net operating losses.--In 
     the case of a net operating loss for any taxable year ending 
     during 2008 or 2009--
       ``(i) subparagraph (A)(i) shall be applied by substituting 
     `5' for `2',
       ``(ii) subparagraph (E)(ii) shall be applied by 
     substituting `4' for `2', and
       ``(iii) subparagraph (F) shall not apply.''.
       (b) Alternative Tax Net Operating Loss Deduction.--
     Subclause (I) of section 56(d)(1)(A)(ii) of the Internal 
     Revenue Code of 1986 is amended to read as follows:

       ``(I) the amount of such deduction attributable to the sum 
     of carrybacks of net operating losses from taxable years 
     ending during 2001, 2002, 2008, or 2009 and carryovers of net 
     operating losses to taxable years ending during such calendar 
     years, or''.

       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to net operating 
     losses arising in taxable years ending after December 31, 
     2007.
       (2) Alternative tax net operating loss deduction.--The 
     amendments made by subsection (b) shall apply to taxable 
     years ending after 1997.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mrs. Lincoln):
  S. 157. A bill to amend the Internal Revenue Code of 1986 to expand 
the temporary waiver of required minimum distribution rules for certain 
retirement plans and accounts; to the Committee on Finance.
  Ms. SNOWE. Mr. President, today I rise to introduce legislation to 
offer expanded relief to retirees who are forced to take so-called 
required minimum distributions from their retirement accounts. After a 
year in which the Dow Jones Industrial Average fell a staggering 34 
percent, Congress rightly suspended required minimum distribution rules 
for 2009 as part of the Worker, Retiree, and Employer Recovery Act of 
2008. Unfortunately, Congress did not act to suspend the rules for 2008 
or 2010 as I had previously proposed. Consequently, we now find 
ourselves in a situation in which 1 year of relief is insufficient to 
enable retirees to recoup their losses, and I am, therefore, 
introducing the Retirement Account Distribution Improvement Act of 2009 
to allow amounts required to have been distributed in 2008 to be re-
contributed and to waive the rules for 2010. I would like to thank 
Senator Lincoln for cosponsoring this legislation.
  Under current law, individuals who have reached age 70.5 generally 
must begin to withdraw funds from their IRAs or defined contribution 
retirement plans, including 401(k), 403(b), 457, and TSP plans. The 
withdrawals must begin by April 1 of the year after which an individual 
attains age 70.5. Failure to take a required minimum distribution may 
result in a 50 percent excise tax on the difference between what must 
be withdrawn and the amount actually distributed.
  In times that equities markets are rising and retirement account 
balances are growing, required minimum distribution rules are sensible. 
Indeed, they ensure the Government gains revenue after years of tax-
deferred growth. Unfortunately, we are now witnessing unprecedented 
losses in equities markets that have caused many individuals to suffer 
steep losses in their retirement account balances. Notably, the 
American Association of Retired Persons has said that retirement 
accounts have lost as much as $2.3 trillion between September 30, 2007, 
and October 16, 2008. Forcing individuals to prematurely liquidate 
accounts and pay income taxes on the proceeds, as is required under 
current law, instead of allowing them to wait until the market recovers 
and continue to defer tax, simply adds insult to injury. Moreover, 
mandating withdrawals may cause stock prices to fall, hurting other 
investors.
  It is for these reasons that I am today introducing legislation to 
allow individuals who were forced to withdraw funds in 2008 to re-
contribute that money into their accounts by July 1, 2009. Any amounts 
erroneously distributed in early 2009 could also be re-contributed by 
July 1, 2009. Finally, my bill would also waive minimum required 
distributions for 2010.
  Although Congress took a solid first step by suspending minimum 
required distributions for 2009, we must do more. With many predicting 
a multi-year recession, Congress must adopt a longer-term approach to 
helping individuals protect their retirement assets and weather the 
current economic storm. Individuals may require several years to recoup 
losses they have sustained, and by enabling them to keep assets in 
their retirement accounts until 2011, this bill offers them that 
opportunity. At that point, Congress can reevaluate whether the waiver 
of current-law rules should be further extended.
  I urge all Senators to consider the benefits this legislation will 
provide to millions of retirees all across the United States, and I 
look forward to working with my colleagues to enact it in a timely 
manner.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 157

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Retirement Account 
     Distribution Improvement Act of 2009''.

     SEC. 2. EXPANSION OF WAIVER OF REQUIRED MINIMUM DISTRIBUTION 
                   RULES FROM CERTAIN RETIREMENT PLANS AND 
                   ACCOUNTS.

       (a) In General.--Subparagraph (H) of section 401(a)(9) of 
     the Internal Revenue Code of 1986, as added by the Worker, 
     Retiree, and Employer Recovery Act of 2008, is amended--
       (1) by striking ``for calendar year 2009'' in clause (i) 
     and inserting ``for calendar years 2008, 2009 or 2010'',
       (2) by striking ``2009'' in clause (ii)(I) and inserting 
     ``2010'', and
       (3) by striking ``to calendar year 2009'' in clause 
     (ii)(II) and inserting ``to calendar years 2008, 2009, or 
     2010''.
       (b) Eligible Rollover Distributions.--The last sentence of 
     section 402(c)(4) of the Internal Revenue Code of 1986, as 
     added by the Worker, Retiree, and Employer Recovery Act of 
     2008, is amended by striking ``2009'' and inserting ``2008, 
     2009, or 2010''.
       (c) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2007.
       (2) Recontributions of distributions in 2008 or early 
     2009.--
       (A) In general.--If a person receives 1 or more eligible 
     distributions, the person may, on or before July 1, 2009, 
     make one or more contributions (in an aggregate amount not 
     exceeding all eligible distributions) to an eligible 
     retirement plan and to which a rollover contribution of such 
     distribution could be made under section 402(c), 403(a)(4), 
     403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue 
     Code of 1986, as the case may be. For purposes of the 
     preceding sentence, rules similar to the rules of clauses 
     (ii) and (iii) of section 402(c)(11)(A) of such Code shall 
     apply in the case of a beneficiary who is not the surviving 
     spouse of the employee or of the owner of the individual 
     retirement plan.
       (B) Eligible distribution.--For purposes of this 
     paragraph--
       (i) In general.--Except as provided in clause (ii), the 
     term ``eligible distribution'' means an applicable 
     distribution to a person from an individual account or 
     annuity--

       (I) under a plan which is described in clause (iv), and
       (II) from which a distribution would, but for the 
     application of section 401(a)(9)(H) of such Code, have been 
     required to have been made to the individual for 2008 or 
     2009, whichever is applicable, in order to satisfy the 
     requirements of sections 401(a)(9), 404(a)(2), 403(b)(10), 
     408(a)(6), 408(b)(3), and 457(d)(2) of such Code.

       (ii) Eligible distributions limited to required 
     distributions.--The aggregate amount of applicable 
     distributions which may be treated as eligible distributions 
     for purposes of this paragraph shall not exceed--

       (I) for purposes of applying subparagraph (A) to 
     distributions made in 2008, the amount

[[Page 183]]

     which would, but for the application of section 401(a)(9)(H) 
     of such Code, have been required to have been made to the 
     individual in order to satisfy the requirements of sections 
     401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 
     457(d)(2) of such Code for 2008, and
       (II) for purposes of applying subparagraph (A) to 
     distributions made in 2009, the sum of the amount which 
     would, but for the application of such section 401(a)(9)(H), 
     have been required to have been made to the individual in 
     order to satisfy such requirements for 2009, plus the excess 
     (if any) of the amount described in subclause (I) which may 
     be distributed in 2009 to meet such requirements for 2008 
     over the portion of such amount taken into account under 
     subclause (I) for distributions made in 2008.

       (iii) Applicable distribution.--

       (I) In general.--The term ``applicable distribution'' means 
     a payment or distribution which is made during the period 
     beginning on January 1, 2008, and ending on June 30, 2009.
       (II) Exception for minimum required distributions for other 
     years.--Such term shall not include a payment or distribution 
     which is required to be made in order to satisfy the 
     requirements of section 401(a)(9), 404(a)(2), 403(b)(10), 
     408(a)(6), 408(b)(3), or 457(d)(2) of such Code for a 
     calendar year other than 2008 or 2009.
       (III) Exception for payments in a series.--In the case of 
     any plan described in clause (iv)(I), such term shall not 
     include any payment or distribution made in 2009 which is a 
     payment or distribution described in section 402(c)(4)(A).

       (iv) Plans described.--A plan is described in this clause 
     if the plan is--

       (I) a defined contribution plan (within the meaning of 
     section 414(i) of such Code) which is described in section 
     401, 403(a), or 403(b) of such Code or which is an eligible 
     deferred compensation plan described in section 457(b) of 
     such Code maintained by an eligible employer described in 
     section 457(e)(1)(A)) of such Code, or
       (II) an individual retirement plan (as defined in section 
     7701(a)(37) of such Code).

       (C) Treatment of repayments of distributions from eligible 
     retirement plans other than iras.--For purposes of the 
     Internal Revenue Code of 1986, if a contribution is made 
     pursuant to subparagraph (A) with respect to a payment or 
     distribution from a plan other than an individual retirement 
     plan, then the taxpayer shall, to the extent of the amount of 
     the contribution, be treated as having received the payment 
     or distribution in an eligible rollover distribution (as 
     defined in section 402(c)(4) of such Code) and as having 
     transferred the amount to the plan in a direct trustee to 
     trustee transfer.
       (D) Treatment of repayments for distributions from iras.--
     For purposes of the Internal Revenue Code of 1986, if a 
     contribution is made pursuant to subparagraph (A) with 
     respect to a payment or distribution from an individual 
     retirement plan (as defined by section 7701(a)(37) of such 
     Code), then, to the extent of the amount of the contribution, 
     such payments or distributions shall be treated as a 
     distribution that satisfies subparagraphs (A) and (B) of 
     section 408(d)(3) of such Code and as having been transferred 
     to the individual retirement plan in a direct trustee to 
     trustee transfer.
       (3) Provisions relating to plan or contract amendments.--
       (A) In general.--If this paragraph applies to any pension 
     plan or contract amendment, such pension plan or contract 
     shall be treated as being operated in accordance with the 
     terms of the plan during the period described in subparagraph 
     (B)(ii)(I).
       (B) Amendments to which paragraph applies.--
       (i) In general.--This paragraph shall apply to any 
     amendment to any pension plan or annuity contract which--

       (I) is made pursuant to the amendments made by this 
     section, and
       (II) is made on or before the last day of the first plan 
     year beginning on or after January 1, 2011.

     In the case of a governmental plan, subclause (II) shall be 
     applied by substituting ``2012'' for ``2011''.
       (ii) Conditions.--This paragraph shall not apply to any 
     amendment unless during the period beginning on January 1, 
     2009, and ending on December 31, 2010 (or, if earlier, the 
     date the plan or contract amendment is adopted), the plan or 
     contract is operated as if such plan or contract amendment 
     were in effect.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Kerry, Mr. Brown, and Mrs. 
        Lincoln:)
  S. 158. A bill to amend the Internal Revenue Code of 1986 to expand 
the availability of industrial development bonds to facilities 
manufacturing intangible property; to the Committee on Finance.
  Ms. SNOWE. Mr. President, I rise today to reintroduce legislation 
that would provide State and local development finance authorities with 
greater flexibility in promoting economic growth that meets the 
changing realities of an ever more global economy. Specifically, my 
bill would expand the definition of ``manufacturing'' as it pertains to 
the small-issue Industrial Development Bond, IDB, program to include 
the creation of ``intangible'' property. I am pleased to be joined by 
Senators Kerry, Brown, and Lincoln in reintroducing this critical 
legislation to promote economic development, and I strongly believe it 
would be a critical additional to any stimulus legislation.
  Our Nation's capacity to innovate is a key reason why our economy 
remains the envy of the world, even during these difficult economic 
times. Knowledge-based businesses have been at the forefront of this 
innovation that has bolstered the economy over the long-term. For 
example, science parks have helped lead the technological revolution 
and have created more than 300,000 high-paying science and technology 
jobs, along with another 450,000 indirect jobs for a total of 750,000 
jobs in North America.
  It is clear that the promotion of knowledge-based industries can be a 
key economic tool for States and localities. This is especially true 
for States that have seen a loss in traditional manufacturing. In my 
home State of Maine, we lost 28 percent of our total manufacturing 
employment over the last decade. I believe that it is critical that we 
provide States and localities with a wider range of options in 
promoting economic development, particularly as our economy lost over 2 
million jobs in 2008. My legislation will do just that by expanding the 
availability of small-issue IDBs to new economy industries, such as 
software and biotechnology, that have proven their ability to provide 
high-paying jobs.
  These IDBs allow State and local development finance authorities, 
like the Finance Authority of Maine, to issue tax-exempt bonds for the 
purpose of raising capital to provide low-cost financing of 
manufacturing facilities. These bonds, therefore, provide local 
authorities with an invaluable tool to attract new employers and assist 
existing ones to grow. The result is a win-win situation for local 
communities providing them with much needed jobs. Consequently, it only 
makes sense to ensure that these finance authorities have maximum 
flexibility in options to grow jobs.
  In addition, my bill provides some technical clarity to distinguish 
between the phrases ``functionally related and subordinate facilities'' 
and ``directly related and ancillary facilities.'' Until 1988, there 
was little confusion based on Treasury regulations going back to 1972 
that made it clear that ``functionally related and subordinate 
facilities'' were clearly eligible for financing through private 
activity tax-exempt bonds. But, Congress enacted the Technical and 
Miscellaneous Revenue Bond Act of 1988 that imposed a limitation that 
not more than 25 percent of tax-exempt bond financing could be used on 
``directly related and ancillary facilities.'' While these two phrases 
appear to be very similar, they are indeed distinguishable from each 
other. Unfortunately, the Internal Revenue Service has blurred this 
distinction between the phrases which has had an adverse impact on the 
way facilities are able to utilize tax-exempt bond financing. My 
legislation would make it clear that ``functionally related and 
subordinate facilities'' are not susceptible to the 25 percent 
limitation.
  We must continue to encourage all avenues of economic development if 
America is to compete in a changing and increasingly global economy, 
and my legislation is one small step in furtherance of that goal. I 
urge my colleagues to join me in supporting this bill and to include it 
in stimulus legislation we will be considering in the coming weeks.
   Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 158

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page 184]]



     SECTION 1. EXPANSION OF AVAILABILITY OF INDUSTRIAL 
                   DEVELOPMENT BONDS TO FACILITIES MANUFACTURING 
                   INTANGIBLE PROPERTY.

       (a) Expansion to Intangible Property.--
       (1) In general.--The first sentence of section 
     144(a)(12)(C) of the Internal Revenue Code of 1986 (defining 
     manufacturing facility) is amended--
       (A) by inserting ``, creation,'' after ``used in the 
     manufacturing'', and
       (B) by inserting ``or intangible property which is 
     described in section 197(d)(1)(C)(iii)'' before the period at 
     the end.
       (2) Clarification.--The last sentence of section 
     144(a)(12)(C) of such Code is amended to read as follows: 
     ``For purposes of the first sentence of this subparagraph, 
     the term `manufacturing facility' includes--
       ``(i) facilities which are functionally related and 
     subordinate to a manufacturing facility (determined without 
     regard to this clause), and
       ``(ii) facilities which are directly related and ancillary 
     to a manufacturing facility (determined without regard to 
     this clause) if--

       ``(I) such facilities are located on the same site as the 
     manufacturing facility, and
       ``(II) not more than 25 percent of the net proceeds of the 
     issue are used to provide such facilities.''.

       (b) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after the date of the enactment 
     of this Act.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Mr. Hatch, Mr. Leahy, Mr. Kennedy, 
        Mrs. Clinton, Mr. Dodd, Mr. Sanders, Mr. Kerry, Mr. Durbin, and 
        Mr. Feingold):
  S. 160. A bill to provide the District of Columbia a voting seat and 
the State of Utah an additional seat in the House of Representatives; 
to the Committee on Homeland Security and Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I am honored to have the opportunity 
today, obviously early on this first day of this new session of 
Congress, together with my colleague from Utah, Senator Hatch, to 
introduce bipartisan legislation which will finally grant citizens of 
our Nation's Capital, the District of Columbia, voting representation, 
the proper representation to which they are entitled as citizens.
  That representative voting would be in the House of Representatives. 
This bill is entitled ``The District of Columbia House Voting Rights 
Act of 2009.'' It is identical to a bill which Senator Hatch and I 
introduced in the 110th Congress.
  It would, for the first time, give citizens of the District of 
Columbia full voting representation in the House while adding a fourth 
congressional seat for the State of Utah based on population statistics 
from the 2000 census in which they came very close. I think the people 
of Utah would in fact say they deserve an additional seat.
  This is the fifth session in which I have introduced legislation to 
try to correct what I believe is a fundamental wrong--which is to deny 
the citizens of our Nation's Capital voting representation in Congress. 
I hope and believe and pray this is the session in which we are going 
to get this done.
  Last year, this bill passed overwhelmingly in the House by a vote of 
271 to 177, but it fell three votes short of gaining cloture in the 
Senate, though the vote in favor was 57 to 42. With a new Congress and 
a new President who was in fact a cosponsor of this bill himself in the 
last session of Congress, I am hopeful we can pass this legislation, 
vital to the rights of nearly 600,000 Americans living in the District 
of Columbia. Keep in mind the population of the District, though small 
compared to many States, is roughly equal to the State populations of 
Alaska, North Dakota, Vermont, and Wyoming, all of which have, of 
course, not only representation--that is, voting in the House--but two 
Senators here. This deals only and exclusively with voting 
representation in the House.
  I want to particularly thank my dear friend and colleague, Senator 
Orin Hatch, for his continued, principled, steadfast support of this 
bill. He set aside partisanship to join me and others in trying to 
right this historic wrong. I greatly admire his commitment to this 
cause.
  I am also proud to say Senators Leahy, Kennedy, Clinton, Dodd, 
Sanders, Kerry, Durbin, and Feingold are today joining as original 
cosponsors of this legislation.
  Of course, I pay special honor and thanks to the DC Delegate, Eleanor 
Holmes Norton, who has been a tireless champion of full representation 
for the citizens of the District; of course, a tireless champion for 
the citizens of the District generally. Delegate Norton is introducing 
a similar bill in the House today.
  I do this with a certain special personal pride because Delegate 
Norton and I were at law school at Yale at the same time just a few 
years ago. It probably would seem, to the casual observer, hard to 
believe that we deny the residents of our Nation's Capital of the right 
to have a voting representative in the House of Representatives. In 
fact, public opinion polls have been taken over the years that ask 
people: Do you think the residents of the District of Columbia have 
voting representation in the House? Overwhelming, the American public 
says: Of course they do, because they cannot believe there would be a 
reason to deny them the representation.
  In recent years, those who have opposed this legislation which would 
correct a historic injustice have argued that congressional 
representation is granted only to the States under the Constitution, 
and therefore our legislation is unconstitutional.
  With all respect, I believe that simply is not true. The Constitution 
provides Congress with the authority to bestow voting rights on the 
District. Multiple constitutional experts, spanning the full 
ideological spectrum of left to right, including Ken Starr, former 
judge on the U.S. Court of Appeals and former Solicitor General, and 
Viet Dinh, former Assistant Attorney General, and many others have told 
Congress and the public that this authority, which is, the authority to 
grant representation in Congress, lies within the District Clause of 
the Constitution, which is article I, section 8, where it states:

       Congress has the power to exercise exclusive legislation in 
     all cases whatsoever over such District.

  Congress has repeatedly used this authority to treat the District of 
Columbia as a State for various public purposes. For example, as long 
ago as 1940, the Judiciary Act of 1789 was revised to broaden diversity 
jurisdiction to include citizens of the District, even though the 
Constitution specifically provides that national courts may hear cases 
``between citizens of different States.''
  In other words, in that act, Congress said no, for purposes of 
diversity of jurisdiction access to the courts, even though the 
Constitution says that courts may hear cases between citizens of 
different States. It would be incomprehensible that citizens of the 
District of Columbia, because they happen to live in the Nation's 
Capital, could not gain access to the Federal courts.
  When challenged, this revision to the Judiciary Act was upheld as 
constitutional by the Federal courts themselves. Furthermore, the 
courts have found that Congress has the authority to impose national 
taxes on the District, to provide a jury trial to residents of the 
District, and to include the District in interstate commerce 
regulations.
  These are rights and responsibilities that our Constitution grants to 
States. Yet the District Clause has allowed Congress to apply those 
rights and responsibilities to the District of Columbia because not to 
do so would make residents of the District, or the District itself, 
second class in their citizenship.
  Treating the District as a State for purposes of voting 
representation in Congress should be no different. The elections of 
2008 saw a historic number of citizens carrying out their civic duty by 
voting for their representatives in Congress. Unfortunately, for over 
200 years, DC residents have been denied that most basic right.
  According to a 2005 KRC Research poll, 82 percent of Americans, when 
told that residents of the District do not have a voting representative 
in Congress, say it is time to give that voting representation to the 
citizens of our Nation's Capital.
  This has very practical and just consequences. People of the District 
have been the target directly of terrorist attacks, but they have no 
vote on how

[[Page 185]]

the Federal Government provides for their homeland security. Men and 
women citizens of the District have fought bravely in our wars, in 
defense of our security and our freedom over the years, many giving 
their lives in defense of our country. Yet citizens of the District 
have no voting representation in Congress on the serious questions of 
war and peace, veterans' benefits, and the like. Of course, the 
citizens of the District of Columbia, per capita, pay Federal income 
taxes at the second highest rate in the Nation. Yet they have 
absolutely no voice, no voting representation, in setting tax rates or 
in determining how the revenues raised by those taxes will be spent.
  This is plain wrong. The Supreme Court has said ``that no right is 
more precious in a free country than that of having a vote in the 
election of those who make the laws, under which, as good citizens, we 
must live.''
  We can no longer deny our fellow American citizens who happen to live 
in the District of Columbia this precious right. With the United States 
engaged now in two wars, a global war also against terrorists who 
attacked us on 9/11/2001, with our country facing the most significant 
economic crisis since the Great Depression, it is past time to grant 
the vote to those citizens living in our Nation's Capital so their vote 
can be rightfully heard as we debate these great and complex issues of 
our time.
  This matter has fallen, according to our rules, under the 
jurisdiction of the Senate Committee on Homeland Security and 
Governmental Affairs, which I am privileged to chair. I hope we will be 
able to take it up quickly. It is my intention to consider this 
legislation at the first markup of our committee in the session, and 
then to bring it to the floor as quickly as possible with a high sense 
of optimism that on this occasion, if there is another filibuster that 
we will have, with the help of the new Members of the Senate, more than 
60 votes necessary to close it off, and at least have a vote on this 
question of fundamental rights for 600,000 of our fellow Americans.
  I want to submit not only an original copy of the bill to the clerk, 
but also for the Record a statement from Senator Hatch, which I ask 
unanimous consent to appear as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the bill 
be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 160

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``District of Columbia House 
     Voting Rights Act of 2009''.

     SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL 
                   DISTRICT.

       (a) Congressional District and No Senate Representation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the District of Columbia shall be considered a 
     Congressional district for purposes of representation in the 
     House of Representatives.
       (2) No representation provided in senate.--The District of 
     Columbia shall not be considered a State for purposes of 
     representation in the United States Senate.
       (b) Conforming Amendments Relating to Apportionment of 
     Members of House of Representatives.--
       (1) Inclusion of single district of columbia member in 
     reapportionment of members among states.--Section 22 of the 
     Act entitled ``An Act to provide for the fifteenth and 
     subsequent decennial censuses and to provide for 
     apportionment of Representatives in Congress'', approved June 
     28, 1929 (2 U.S.C. 2a), is amended by adding at the end the 
     following new subsection:
       ``(d) This section shall apply with respect to the District 
     of Columbia in the same manner as this section applies to a 
     State, except that the District of Columbia may not receive 
     more than one Member under any reapportionment of Members.''.
       (2) Clarification of determination of number of 
     presidential electors on basis of 23rd amendment.--Section 3 
     of title 3, United States Code, is amended by striking ``come 
     into office;'' and inserting the following: ``come into 
     office (subject to the twenty-third article of amendment to 
     the Constitution of the United States in the case of the 
     District of Columbia);''.

     SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

       (a) Permanent Increase in Number of Members.--Effective 
     with respect to the 112th Congress and each succeeding 
     Congress, the House of Representatives shall be composed of 
     437 Members, including the Member representing the District 
     of Columbia pursuant to section 2(a).
       (b) Reapportionment of Members Resulting From Increase.--
       (1) In general.--Section 22(a) of the Act entitled ``An Act 
     to provide for the fifteenth and subsequent decennial 
     censuses and to provide for apportionment of Representatives 
     in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is 
     amended by striking ``the then existing number of 
     Representatives'' and inserting ``the number of 
     Representatives established with respect to the 112th 
     Congress''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to the regular decennial census 
     conducted for 2010 and each subsequent regular decennial 
     census.
       (c) Transmittal of Revised Apportionment Information by 
     President.--
       (1) Statement of apportionment by president.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     President shall transmit to Congress a revised version of the 
     most recent statement of apportionment submitted under 
     section 22(a) of the Act entitled ``An Act to provide for the 
     fifteenth and subsequent decennial censuses and to provide 
     for apportionment of Representatives in Congress'', approved 
     June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act 
     and the amendments made by this Act and identifying the State 
     of Utah as the State entitled to one additional 
     Representative pursuant to this section.
       (2) Report by clerk.--Not later than 15 calendar days after 
     receiving the revised version of the statement of 
     apportionment under paragraph (1), the Clerk of the House of 
     Representatives shall submit a report to the Speaker of the 
     House of Representatives identifying the State of Utah as the 
     State entitled to one additional Representative pursuant to 
     this section.

     SEC. 4. EFFECTIVE DATE; TIMING OF ELECTIONS.

       The general election for the additional Representative to 
     which the State of Utah is entitled for the 112th Congress 
     and the general election for the Representative from the 
     District of Columbia for the 112th Congress shall be subject 
     to the following requirements:
       (1) The additional Representative from the State of Utah 
     will be elected pursuant to a redistricting plan enacted by 
     the State, such as the plan the State of Utah signed into law 
     on December 5, 2006, which--
       (A) revises the boundaries of Congressional districts in 
     the State to take into account the additional Representative 
     to which the State is entitled under section 3; and
       (B) remains in effect until the taking effect of the first 
     reapportionment occurring after the regular decennial census 
     conducted for 2010.
       (2) The additional Representative from the State of Utah 
     and the Representative from the District of Columbia shall be 
     sworn in and seated as Members of the House of 
     Representatives on the same date as other Members of the 
     112th Congress.

     SEC. 5. CONFORMING AMENDMENTS.

       (a) Repeal of Office of District of Columbia Delegate.--
       (1) Repeal of office.--
       (A) In general.--Sections 202 and 204 of the District of 
     Columbia Delegate Act (Public Law 91-405; sections 1-401 and 
     1-402, D.C. Official Code) are repealed, and the provisions 
     of law amended or repealed by such sections are restored or 
     revived as if such sections had not been enacted.
       (B) Effective date.--The amendments made by this subsection 
     shall take effect on the date on which a Representative from 
     the District of Columbia takes office.
       (2) Conforming amendments to district of columbia elections 
     code of 1955.--The District of Columbia Elections Code of 
     1955 is amended as follows:
       (A) In section 1 (sec. 1-1001.01, D.C. Official Code), by 
     striking ``the Delegate to the House of Representatives,'' 
     and inserting ``the Representative in Congress,''.
       (B) In section 2 (sec. 1-1001.02, D.C. Official Code)--
       (i) by striking paragraph (6); and
       (ii) in paragraph (13), by striking ``the Delegate to 
     Congress for the District of Columbia,'' and inserting ``the 
     Representative in Congress,''.
       (C) In section 8 (sec. 1-1001.08, D.C. Official Code)--
       (i) in the heading, by striking ``Delegate'' and inserting 
     ``Representative''; and
       (ii) by striking ``Delegate,'' each place it appears in 
     subsections (h)(1)(A), (i)(1), and (j)(1) and inserting 
     ``Representative in Congress,''.
       (D) In section 10 (sec. 1-1001.10, D.C. Official Code)--
       (i) in subsection (a)(3)(A)--

       (I) by striking ``or section 206(a) of the District of 
     Columbia Delegate Act''; and
       (II) by striking ``the office of Delegate to the House of 
     Representatives'' and inserting ``the office of 
     Representative in Congress'';

       (ii) in subsection (d)(1), by striking ``Delegate,'' each 
     place it appears; and
       (iii) in subsection (d)(2)--

[[Page 186]]

       (I) by striking ``(A) In the event'' and all that follows 
     through ``term of office,'' and inserting ``In the event that 
     a vacancy occurs in the office of Representative in Congress 
     before May 1 of the last year of the Representative's term of 
     office,''; and
       (II) by striking subparagraph (B).

       (E) In section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. 
     Official Code), by striking ``Delegate to the House of 
     Representatives,'' and inserting ``Representative in 
     Congress,''.
       (F) In section 15(b) (sec. 1-1001.15(b), D.C. Official 
     Code), by striking ``Delegate,'' and inserting 
     ``Representative in Congress,''.
       (G) In section 17(a) (sec. 1-1001.17(a), D.C. Official 
     Code), by striking ``the Delegate to Congress from the 
     District of Columbia'' and inserting ``the Representative in 
     Congress''.
       (b) Repeal of Office of Statehood Representative.--
       (1) In general.--Section 4 of the District of Columbia 
     Statehood Constitutional Convention Initiative of 1979 (sec. 
     1-123, D.C. Official Code) is amended as follows:
       (A) By striking ``offices of Senator and Representative'' 
     each place it appears in subsection (d) and inserting 
     ``office of Senator''.
       (B) In subsection (d)(2)--
       (i) by striking ``a Representative or'';
       (ii) by striking ``the Representative or''; and
       (iii) by striking ``Representative shall be elected for a 
     2-year term and each''.
       (C) In subsection (d)(3)(A), by striking ``and 1 United 
     States Representative''.
       (D) By striking ``Representative or'' each place it appears 
     in subsections (e), (f), (g), and (h).
       (E) By striking ``Representative's or'' each place it 
     appears in subsections (g) and (h).
       (2) Conforming amendments.--
       (A) Statehood commission.--Section 6 of such Initiative 
     (sec. 1-125, D.C. Official Code) is amended--
       (i) in subsection (a)--

       (I) by striking ``27 voting members'' and inserting ``26 
     voting members'';
       (II) by adding ``and'' at the end of paragraph (5); and
       (III) by striking paragraph (6) and redesignating paragraph 
     (7) as paragraph (6); and

       (ii) in subsection (a-1)(1), by striking subparagraph (H).
       (B) Authorization of appropriations.--Section 8 of such 
     Initiative (sec. 1-127, D.C. Official Code) is amended by 
     striking ``and House''.
       (C) Application of honoraria limitations.--Section 4 of 
     D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is amended by 
     striking ``or Representative'' each place it appears.
       (D) Application of campaign finance laws.--Section 3 of the 
     Statehood Convention Procedural Amendments Act of 1982 (sec. 
     1-135, D.C. Official Code) is amended by striking ``and 
     United States Representative''.
       (E) District of columbia elections code of 1955.--The 
     District of Columbia Elections Code of 1955 is amended--
       (i) in section 2(13) (sec. 1-1001.02(13), D.C. Official 
     Code), by striking ``United States Senator and 
     Representative,'' and inserting ``United States Senator,''; 
     and
       (ii) in section 10(d) (sec. 1-1001.10(d)(3), D.C. Official 
     Code), by striking ``United States Representative or''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date on which a Representative from 
     the District of Columbia takes office.
       (c) Conforming Amendments Regarding Appointments to Service 
     Academies.--
       (1) United states military academy.--Section 4342 of title 
     10, United States Code, is amended--
       (A) in subsection (a), by striking paragraph (5); and
       (B) in subsection (f), by striking ``the District of 
     Columbia,''.
       (2) United states naval academy.--Such title is amended--
       (A) in section 6954(a), by striking paragraph (5); and
       (B) in section 6958(b), by striking ``the District of 
     Columbia,''.
       (3) United states air force academy.--Section 9342 of title 
     10, United States Code, is amended--
       (A) in subsection (a), by striking paragraph (5); and
       (B) in subsection (f), by striking ``the District of 
     Columbia,''.
       (4) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on the date on 
     which a Representative from the District of Columbia takes 
     office.

     SEC. 6. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.

       (a) Nonseverability.--If any provision of this Act or any 
     amendment made by this Act is declared or held invalid or 
     unenforceable, the remaining provisions of this Act or any 
     amendment made by this Act shall be treated and deemed 
     invalid and shall have no force or effect of law.
       (b) Nonapplicability.--Nothing in the Act shall be 
     construed to affect the first reapportionment occurring after 
     the regular decennial census conducted for 2010 if this Act 
     has not taken effect.

     SEC. 7. JUDICIAL REVIEW.

       If any action is brought to challenge the constitutionality 
     of any provision of this Act or any amendment made by this 
     Act, the following rules shall apply:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and shall be heard by a 3-
     judge court convened pursuant to section 2284 of title 28, 
     United States Code.
       (2) A copy of the complaint shall be delivered promptly to 
     the Clerk of the House of Representatives and the Secretary 
     of the Senate.
       (3) A final decision in the action shall be reviewable only 
     by appeal directly to the Supreme Court of the United States. 
     Such appeal shall be taken by the filing of a notice of 
     appeal within 10 days, and the filing of a jurisdictional 
     statement within 30 days, of the entry of the final decision.
       (4) It shall be the duty of the United States District 
     Court for the District of Columbia and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the greatest possible extent the disposition of the action 
     and appeal.

  Mr. HATCH. Mr. President, as I did in the last Congress, I am 
cosponsoring the legislation introduced today by the Senator from 
Connecticut to provide a House seat for the District of Columbia and an 
additional House seat for Utah.
  Representation and suffrage are so central to the American system of 
self-government that America's founders warned that limiting suffrage 
would risk another revolution and could prevent ratification of the 
Constitution. The Supreme Court has said that no right is more precious 
in a free country than having a voice in the election of those who 
govern us. I continue to believe what I stated more than 30 years ago 
here on the Senate floor, that Americans living in the District should 
enjoy all the privileges of citizenship, including voting rights.
  The bill introduced today would treat the District of Columbia as a 
congressional district to provide for full representation in the House. 
The bill states, however, that the District shall not be treated as a 
State for representation in this body.
  No matter how worthwhile or even compelling an objective might be, 
however, we cannot legislatively pursue it without authority grounded 
in the Constitution. I would note that the Constitution explicitly 
gives Congress legislative authority over the District ``in all cases 
whatsoever.'' This authority is unparalleled in scope and has been 
called sweeping, plenary, and extraordinary by the courts. It surpasses 
both the authority a State legislature has over its own State and the 
authority Congress has over legislation affecting the States.
  Some have argued that despite the centrality of representation and 
suffrage, and notwithstanding our unparalleled and plenary authority 
over the District, that Congress cannot provide a House seat for the 
District by legislation. They base their argument on a single word. 
Article I, Section 5, of the Constitution provides that the House of 
Representatives shall be composed of members chosen by the people of 
the several States. Because the District is not a State, the argument 
goes, it cannot have a House seat without a constitutional amendment,
  I studied this issue extensively and published my analysis and 
conclusions in the Harvard Journal on Legislation for everyone to 
consider. I ask unanimous consent that this article be made part of the 
Record following my remarks. Let me here just mention a few 
considerations that I found persuasive.
  First, as I have already mentioned, the default position of our 
system of government is representation and suffrage. That principle is 
so fundamental that, in this case, I believe there must be actual 
evidence that America's founders intended to deny it to District 
residents, No such evidence exists.
  Second, establishing and maintaining the District as a separate 
political jurisdiction does not require disenfranchising its residents. 
The founders wanted the capital to be free from State control and I 
support keeping it that way. Giving the District a House seat changes 
neither that status nor Congress' legislative authority over the 
District.
  Third, America's founders not only did not intend to disenfranchise 
District residents, they demonstrated the opposite intention by their 
own legislative actions. In 1790, Congress provided by legislation for 
Americans living in the land ceded for the District to vote

[[Page 187]]

in congressional elections. No one even suggested that this legislation 
was unconstitutional because that land was not part of a State. If 
Congress could do it then, Congress can do it today.
  Fourth, courts have held for more than two centuries that 
constitutional provisions framed in terms of States can be applied to 
the District or that Congress can legislatively accomplish for the 
District what the Constitution accomplishes for States. Congress, for 
example, has authority to regulate commerce among the several States. 
The Supreme Court held in 1889 that this applies to the District. Do 
opponents of giving the District a House seat believe Congress cannot 
regulate commerce involving the District?
  The original Constitution provided that direct taxes shall be 
apportioned among the several States. The Supreme Court held in 1820 
that Congress' legislative authority over the District allows taxation 
of the District. Do opponents of giving the District a House seat 
believe that the District is suitable for taxation but not for 
representation?
  The Constitution provides that federal courts may review lawsuits 
between citizens of different States. The Supreme Court held in 1805 
that Congress can legislatively extend this to the District even though 
the Constitution does not.
  The list goes on involving provisions of the Constitution, statutes, 
and even treaties. Over and over, courts have ruled either that 
provisions framed in terms of States can be directly applied to the 
District or that Congress can legislatively do so. Perhaps opponents of 
giving the District a House seat believe that all of these decisions 
over more than two centuries were wrong, that the word States begins 
and ends the discussion in every case. They cannot say so in the 
present case without confronting those precedents.
  These and other considerations which I discussed in the article I 
mentioned have led me to conclude that the Constitution allows Congress 
legislatively to provide a House seat for the District. I do want to 
repeat my continuing opposition to District representation in the 
Senate. The District's status as a non-State jurisdiction is not 
relevant to representation in the House, which was designed to 
represent people, but it is relevant to representation in the Senate, 
which was designed to represent states. I would once again emphasize 
that the bill introduced today explicitly disclaims Senate 
representation for the District.
  In December 2006, I signed a letter to the majority and minority 
leaders expressing the same position I had taken three decades earlier. 
It stated that while there are many differences between Utah and the 
District, to be sure, they share the right to be represented in our 
country's legislature. I take the same position today, believing that 
Congress may and should pass the bill introduced today to provide for 
that representation.
  Mr. LEAHY. Mr. President, I am proud to cosponsor the District of 
Columbia House Voting Rights Act of 2009 to end the unfair treatment of 
District of Columbia residents and give them voting representation in 
the House of Representatives. For over 200 years, the residents of the 
District of Columbia have been denied a voting Member representing 
their views in Congress. That is wrong, and I hope the Senate will 
consider this important issue early this year to remedy the 
disenfranchisement that residents of our Nation's capital have endured.
  When the Senate considered this legislation last Congress the 
Republican minority chose to filibuster the bill. While a majority 
favored it, we fell short of the 60 votes needed to end the filibuster 
and pass it. Earlier that year, however, the House of Representatives 
worked in a bipartisan manner to pass a version of a voting rights bill 
for the District of Columbia led by Congresswoman Eleanor Holmes 
Norton. As a young lawyer, she worked for civil rights and voting 
rights around the country. It is a cruel irony that upon her return to 
the District of Columbia, and her election to the House of 
Representatives, she does not yet have the right to vote on behalf of 
the people of the District of Columbia who elected her. She is a strong 
voice in Congress, but the citizens living in the Nation's capital 
deserve a vote, as well.
  The bill introduced today would give the District of Columbia 
delegate a vote in the House. It would give Utah a fourth seat in the 
House as well. Last Congress, the Judiciary Committee held hearings on 
a similar measure and we heard compelling testimony from constitutional 
experts. They testified that this legislation is constitutional, and 
highlighted the fact that Congress's greater power to confer statehood 
on the District certainly contains the lesser one, the power to grant 
District residents voting rights in the House of Representatives. 
Congress has repeatedly treated the District of Columbia as a ``State'' 
for various purposes. Congresswoman Eleanor Holmes Norton testified 
that although ``the District is not a State,'' the ``Congress has not 
had the slightest difficulty in treating the District as a State, with 
its laws, its treaties, and for constitutional purposes.'' Examples of 
these actions include a revision of the Judiciary Act of 1789 that 
broadened Article III diversity jurisdiction to include citizens of the 
District even though the Constitution only provides that Federal courts 
may hear cases ``between citizens of different States.'' Congress has 
also treated the District as a ``State'' for purposes of congressional 
power to regulate commerce ``among the several States.'' The Sixteenth 
Amendment grants Congress the power to directly tax incomes ``without 
apportionment among the several States,'' but has been interpreted also 
to apply to residents of the District. In fact, the District of 
Columbia pays the second highest Federal taxes per capita without any 
say in how those dollars are spent.
  I believe that this legislation is within Congress's powers as 
provided in the Constitution. I agree with Congressman John Lewis, 
Congresswoman Norton and numerous other civil rights leaders and 
constitutional scholars that we should extend the basic right of voting 
representation to the hundreds of thousands of Americans residing in 
the District of Columbia. These Americans pay Federal taxes, defend our 
country in the military and serve on Federal juries.
  This is an historic measure that holds great significance within the 
civil rights community and for the residents of the District of 
Columbia. I urge Senators to do what is right and to support this bill 
when it comes to the floor for full Senate consideration.
  Over 50 years ago, the Senate overrode filibusters to pass the Civil 
Rights Acts of 1957 and 1964 and the Voting Rights Act of 1965. 
Congressman Lewis, a courageous leader during those transformational 
struggles decades ago, gave moving testimony before the Senate 
Judiciary Committee last Congress in which he reminded us that ``we in 
Congress must do all we can to inspire a new generation to fulfill the 
mission of equal justice.'' The Senate should continue to fight for the 
fundamental rights of all Americans and stand united in serving this 
noble purpose. No person's right to vote should be abridged, suppressed 
or denied in the United States of America. Let us move forward together 
and provide full voting rights for the citizens in our Nation's 
capital.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. McCain, Mrs. McCaskill, Mr. 
        Graham, and Mr. Coburn.)
  S. 162. A bill to provide greater accountability of taxpayers' 
dollars by curtailing congressional earmarking, and for other purposes; 
to the Committee on Rules and Administration.
  Mr. FEINGOLD. Mr. President, I am pleased to join with the senior 
Senator from Arizona, Mr. McCain, the junior Senator from Missouri, 
Mrs. McCaskill, the junior Senator from Oklahoma, Mr. Coburn, and the 
senior Senator from South Carolina, Mr. Graham, in introducing the 
Fiscal Discipline, Earmark Reform, and Accountability Act of 2009. 
Senator McCain has been one of the preeminent champions of earmark 
reform, and I have been pleased to work with him in fighting this abuse 
over the last two decades. Senators McCaskill and Coburn,

[[Page 188]]

though newer to the Senate, have been two of the most effective 
advocates of earmark reform since taking office. And Senator Graham has 
been a courageous champion of reform as well, and during consideration 
of the Lobbying and Ethics Reform measure in the 110th Congress was a 
critical vote in helping to strengthen the earmark provisions of that 
legislation.
  That measure was the most significant earmark reform Congress has 
ever enacted, and it reflected a growing recognition by Members that 
the business-as-usual days of using earmarks to avoid the scrutiny of 
the authorizing process or of competitive grants are coming to an end. 
It is no accident that the presidential nominees of the two major 
parties were major players on that reform package.
  Mr. President, it would be a mistake not to acknowledge just how far 
we have come. The Lobbying and Ethics Reform bill was an enormous step 
forward, and I commend our Majority Leader, Senator Reid, as well as 
our former colleague from Illinois, President-elect Obama, for their 
work in ensuring the passage of that landmark bill.
  But it would also be a mistake not to admit that we still have a way 
to go. The Fiscal Discipline, Earmark Reform, and Accountability Act of 
2009 will build on the significant achievement of the 110th Congress by 
moving from what has largely been a system designed to dissuade the use 
of earmarks through disclosure to one that actually makes it much more 
difficult to enact them.
  The principal provision of this measure is the establishment of a 
point of order against unauthorized earmarks on appropriations bills. 
To overcome that point of order, supporters of the unauthorized earmark 
will need to obtain a super-majority of the Senate. As a further 
deterrent, the bill provides that any earmarked funding which is 
successfully stricken from the appropriations bill will be unavailable 
for other spending in that bill.
  The measure also closes a loophole in last year's Lobbying and Ethics 
Reform bill by requiring all appropriations conference reports and all 
authorizing conference reports to be electronically searchable 48 hours 
before the Senate considers the conference report. And it requires all 
recipients of federal funds to disclose any money spent on registered 
lobbyists.
  I am delighted that President-elect Obama has announced that the 
expected economic recovery package which may be proposed in the next 
few days should be kept free of earmarks. I couldn't agree more, and I 
expect to join with Senators McCain, McCaskill, Graham, and Coburn to 
see that the recovery package is free of unauthorized earmarks.
  In the past, this urgently needed measure was just the kind of 
legislation that typically attracted unauthorized earmarks. We are much 
more likely to be successful in keeping that package and other 
appropriations bills free of earmarks if we are able to use the tools 
proposed in this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 162

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fiscal Discipline, Earmark 
     Reform, and Accountability Act''.

     SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN 
                   THE SENATE.

       (a) In General.--Rule XVI of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``9.(a) On a point of order made by any Senator:
       ``(1) No new or general legislation nor any unauthorized 
     appropriation may be included in any general appropriation 
     bill.
       ``(2) No amendment may be received to any general 
     appropriation bill the effect of which will be to add an 
     unauthorized appropriation to the bill.
       ``(3) No unauthorized appropriation may be included in any 
     amendment between the Houses, or any amendment thereto, in 
     relation to a general appropriation bill.
       ``(b)(1) If a point of order under subparagraph (a)(1) 
     against a Senate bill or amendment is sustained--
       ``(A) the new or general legislation or unauthorized 
     appropriation shall be struck from the bill or amendment; and
       ``(B) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the bill or amendment shall be made.
       ``(2) If a point of order under subparagraph (a)(1) against 
     an Act of the House of Representatives is sustained when the 
     Senate is not considering an amendment in the nature of a 
     substitute, an amendment to the House bill is deemed to have 
     been adopted that--
       ``(A) strikes the new or general legislation or 
     unauthorized appropriation from the bill; and
       ``(B) modifies, if necessary, the total amounts 
     appropriated by the bill to reflect the deletion of the 
     matter struck from the bill;
       ``(c) If the point of order against an amendment under 
     subparagraph (a)(2) is sustained, the amendment shall be out 
     of order and may not be considered.
       ``(d)(1) If a point of order under subparagraph (a)(3) 
     against a Senate amendment is sustained--
       ``(A) the unauthorized appropriation shall be struck from 
     the amendment;
       ``(B) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the amendment shall be made; and
       ``(C) after all other points of order under this paragraph 
     have been disposed of, the Senate shall proceed to consider 
     the amendment as so modified.
       ``(2) If a point of order under subparagraph (a)(3) against 
     a House of Representatives amendment is sustained--
       ``(A) an amendment to the House amendment is deemed to have 
     been adopted that--
       ``(i) strikes the new or general legislation or 
     unauthorized appropriation from the House amendment; and
       ``(ii) modifies, if necessary, the total amounts 
     appropriated by the bill to reflect the deletion of the 
     matter struck from the House amendment; and
       ``(B) after all other points of order under this paragraph 
     have been disposed of, the Senate shall proceed to consider 
     the question of whether to concur with further amendment.
       ``(e) The disposition of a point of order made under any 
     other paragraph of this rule, or under any other Standing 
     Rule of the Senate, that is not sustained, or is waived, does 
     not preclude, or affect, a point of order made under 
     subparagraph (a) with respect to the same matter.
       ``(f) A point of order under subparagraph (a) may be waived 
     only by a motion agreed to by the affirmative vote of three-
     fifths of the Senators duly chosen and sworn. If an appeal is 
     taken from the ruling of the Presiding Officer with respect 
     to such a point of order, the ruling of the Presiding Officer 
     shall be sustained absent an affirmative vote of three-fifths 
     of the Senators duly chosen and sworn.
       ``(g) Notwithstanding any other rule of the Senate, it 
     shall be in order for a Senator to raise a single point of 
     order that several provisions of a general appropriation bill 
     or an amendment between the Houses on a general appropriation 
     bill violate subparagraph (a). The Presiding Officer may 
     sustain the point of order as to some or all of the 
     provisions against which the Senator raised the point of 
     order. If the Presiding Officer so sustains the point of 
     order as to some or all of the provisions against which the 
     Senator raised the point of order, then only those provisions 
     against which the Presiding Officer sustains the point of 
     order shall be deemed stricken pursuant to this paragraph. 
     Before the Presiding Officer rules on such a point of order, 
     any Senator may move to waive such a point of order, in 
     accordance with subparagraph (f), as it applies to some or 
     all of the provisions against which the point of order was 
     raised. Such a motion to waive is amendable in accordance 
     with the rules and precedents of the Senate. After the 
     Presiding Officer rules on such a point of order, any Senator 
     may appeal the ruling of the Presiding Officer on such a 
     point of order as it applies to some or all of the provisions 
     on which the Presiding Officer ruled.
       ``(h) For purposes of this paragraph:
       ``(1) The term `new or general legislation' has the meaning 
     given that term when it is used in paragraph 2 of this rule.
       ``(2) The term `new matter' means matter not committed to 
     conference by either House of Congress.
       ``(3)(A) The term `unauthorized appropriation' means a 
     `congressionally directed spending item' as defined in rule 
     XLIV--
       ``(i) that is not specifically authorized by law or Treaty 
     stipulation (unless the appropriation has been specifically 
     authorized by an Act or resolution previously passed by the 
     Senate during the same session or proposed in pursuance of an 
     estimate submitted in accordance with law); or
       ``(ii) the amount of which exceeds the amount specifically 
     authorized by law or Treaty stipulation (or specifically 
     authorized by an Act or resolution previously passed by the 
     Senate during the same session or proposed in pursuance of an 
     estimate submitted in accordance with law) to be 
     appropriated.
       ``(B) An appropriation is not specifically authorized if it 
     is restricted or directed to,

[[Page 189]]

     or authorized to be obligated or expended for the benefit of, 
     an identifiable person, program, project, entity, or 
     jurisdiction by earmarking or other specification, whether by 
     name or description, in a manner that is so restricted, 
     directed, or authorized that it applies only to a single 
     identifiable person, program, project, entity, or 
     jurisdiction, unless the identifiable person, program, 
     project, entity, or jurisdiction to which the restriction, 
     direction, or authorization applies is described or otherwise 
     clearly identified in a law or Treaty stipulation (or an Act 
     or resolution previously passed by the Senate during the same 
     session or in the estimate submitted in accordance with law) 
     that specifically provides for the restriction, direction, or 
     authorization of appropriation for such person, program, 
     project, entity, or jurisdiction.
       ``10. (a) On a point of order made by any Senator, no new 
     or general legislation, nor any unauthorized appropriation, 
     new matter, or nongermane matter may be included in any 
     conference report on a general appropriation bill.
       ``(b) If the point of order against a conference report 
     under subparagraph (a) is sustained--
       ``(1) the new or general legislation, unauthorized 
     appropriation, new matter, or nongermane matter in such 
     conference report shall be deemed to have been struck;
       ``(2) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck shall 
     be deemed to have been made;
       ``(3) when all other points of order under this paragraph 
     have been disposed of--
       ``(A) the Senate shall proceed to consider the question of 
     whether the Senate should recede from its amendment to the 
     House bill, or its disagreement to the amendment of the 
     House, and concur with a further amendment, which further 
     amendment shall consist of only that portion of the 
     conference report not deemed to have been struck (together 
     with any modification of total amounts appropriated);
       ``(B) the question shall be debatable; and
       ``(C) no further amendment shall be in order; and
       ``(4) if the Senate agrees to the amendment, then the bill 
     and the Senate amendment thereto shall be returned to the 
     House for its concurrence in the amendment of the Senate.
       ``(c) The disposition of a point of order made under any 
     other paragraph of this rule, or under any other Standing 
     Rule of the Senate, that is not sustained, or is waived, does 
     not preclude, or affect, a point of order made under 
     subparagraph (a) with respect to the same matter.
       ``(d) A point of order under subparagraph (a) may be waived 
     only by a motion agreed to by the affirmative vote of three-
     fifths of the Senators duly chosen and sworn. If an appeal is 
     taken from the ruling of the Presiding Officer with respect 
     to such a point of order, the ruling of the Presiding Officer 
     shall be sustained absent an affirmative vote of three-fifths 
     of the Senators duly chosen and sworn.
       ``(e) Notwithstanding any other rule of the Senate, it 
     shall be in order for a Senator to raise a single point of 
     order that several provisions of a conference report on a 
     general appropriation bill violate subparagraph (a). The 
     Presiding Officer may sustain the point of order as to some 
     or all of the provisions against which the Senator raised the 
     point of order. If the Presiding Officer so sustains the 
     point of order as to some or all of the provisions against 
     which the Senator raised the point of order, then only those 
     provisions against which the Presiding Officer sustains the 
     point of order shall be deemed stricken pursuant to this 
     paragraph. Before the Presiding Officer rules on such a point 
     of order, any Senator may move to waive such a point of 
     order, in accordance with subparagraph (d), as it applies to 
     some or all of the provisions against which the point of 
     order was raised. Such a motion to waive is amendable in 
     accordance with the rules and precedents of the Senate. After 
     the Presiding Officer rules on such a point of order, any 
     Senator may appeal the ruling of the Presiding Officer on 
     such a point of order as it applies to some or all of the 
     provisions on which the Presiding Officer ruled.
       ``(f) For purposes of this paragraph:
       ``(1) The terms `new or general legislation', `new matter', 
     and `unauthorized appropriation' have the same meaning as in 
     paragraph 9.
       ``(2) The term `nongermane matter' has the same meaning as 
     in rule XXII and under the precedents attendant thereto, as 
     of the beginning of the 110th Congress.''.
       (b) Requiring Conference Reports To Be Searchable Online.--
     Paragraph 3(a)(2) of rule XLIV of the Standing Rules of the 
     Senate is amended by inserting ``in an searchable format'' 
     after ``available''.

     SEC. 3. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.

       The Lobbying Disclosure Act of 1995 is amended by adding 
     after section 5 the following:

     ``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.

       ``(a) In General.--A recipient of Federal funds shall file 
     a report as required by section 5(a) containing--
       ``(1) the name of any lobbyist registered under this Act to 
     whom the recipient paid money to lobby on behalf of the 
     Federal funding received by the recipient; and
       ``(2) the amount of money paid as described in paragraph 
     (1).
       ``(b) Definition.--In this section, the term `recipient of 
     Federal funds' means the recipient of Federal funds 
     constituting an award, grant, or loan.''.

  Mr. McCAIN. Mr. President, I am proud to again be joining forces with 
my good friend and colleague from Wisconsin, Senator Feingold, to 
introduce a comprehensive earmark reform measure. We are also pleased 
to be joined by Senators McCaskill, Graham, and Coburn as cosponsors in 
this effort. The measure we are introducing today is designed to 
eliminate unauthorized earmarks and wasteful spending in appropriations 
bills and conference reports and help restore fiscal discipline to 
Washington. Specifically, this bill would allow any member to raise a 
point of order in an effort to extract objectionable unauthorized 
provisions. Additionally, it contains a requirement that all 
appropriations and authorization conference reports be electronically 
searchable at least 48 hours before full Senate consideration, and a 
requirement that the recipients of Federal dollars disclose any amounts 
that they spend on registered lobbyists. These are reasonable, 
responsible reform measures that deserve consideration by the full 
Senate.
  Our current economic situation and our vital national security 
concerns require that now, more than ever, we prioritize our Federal 
spending. But our appropriations bills do not always put our national 
priorities first. The process is broken and it needs to be fixed. As we 
enter the second year of a recession, the economy is in shambles. 
Record numbers of homeowners face foreclosure, our financial markets 
have nearly collapsed, and the U.S. automobile manufacturers are near 
ruin. The national unemployment rate stands at 6.7 percent--the highest 
in 15 years--with over 1.9 million people having lost their jobs last 
year.
  In the last year alone, due to the mortgage crisis, the Government 
has seized control of Fannie Mae and Freddie Mac. Congress passed a 
massive $700 billion rescue of the financial markets, and we've debated 
giving the big-three auto manufacturers tens of billions in taxpayer 
dollars--just as a ``short-term'' infusion of cash--knowing that they'd 
be back for more. Additionally, we're getting ready to consider an 
economic stimulus package which is estimated to cost as much as $850 
billion to a trillion dollars. With all of this spending, we can no 
longer afford to waste even a single dime of taxpayer money.
  It is abundantly clear that the time has come for us to eliminate the 
corrupt, wasteful practice of earmarking. We have made some progress on 
the issue in the past couple of years, but we have not gone far enough. 
Legislation we passed in 2007 provided for greater disclosure of 
earmarks. While that was a good step forward, the bottom line is that 
we don't simply need more disclosure of earmarks--we need to eliminate 
them.
  As my colleagues are well aware, for years I have been coming to the 
Senate floor to read list after list of the ridiculous items we've 
spent money on--hoping enough embarrassment might spur some change. And 
year after year I would offer amendment after amendment to strip pork 
barrel projects from spending bills--usually only getting a handful of 
votes each time.
  Finally, I was encouraged in January 2007 when this body passed, by a 
vote of 96-2, an ethics and lobbying reform package which contained 
real, meaningful earmark reform. I thought that, at last, we would 
finally enact some effective reforms. Unfortunately, that victory was 
short lived. In August 2007, we were presented with a bill containing 
very watered down earmark provisions. Not only did that bill, S. 1, do 
far too little to rein in wasteful spending--it completely gutted the 
earmark reform provisions we passed overwhelmingly the previous 
January.
  Earmarks, Mr. President, are like a cancer. Left unchecked, they have 
grown out of control--increasing by nearly 400 percent since 1994. And 
just

[[Page 190]]

as cancer destroys tissue and vital organs, the corruption associated 
with the process of earmarking is destroying what is vital to our 
strength as a nation--that is the faith and trust of the American 
people in their elected representatives and in the institutions of 
their government.
  Not long ago, in the House of Representatives, when another member 
questioned the necessity of one of his earmarked projects, a 
Congressman raged at the idea of someone challenging what he described 
as ``my money, my money.'' Therein lies the problem, Mr. President. Too 
many Members of Congress view taxpayers, funds as their own. They feel 
free to spend it as they see fit, with no oversight and, often, no 
shame. Look at some of the things we've funded over the years: $225,000 
for an Historic Wagon Museum in Utah, $1 million for a DNA study of 
bears in Montana, $200,000 for the Rock and Roll Hall of Fame in Ohio, 
$220,000 for blueberry research at the University of Maine, $3 million 
for an animal waste management research facility in Kentucky, $170,000 
for blackbird management in Kansas, $196,000 for geese control in New 
York, $50,000 for feral hog control in Missouri, $90,000 for the 
National Cowgirl Museum and Hall of Fame in Fort Worth, Texas, $200,000 
for an American White Pelican survey, $6 million for sugarcane growers 
in Hawaii, $13 million for a ewe lamb retention program, $500,000 to 
study flight attendant fatigue, $200,000 for a deer avoidance system in 
Pennsylvania and New York, $3 million for the production of a 
documentary about Alaska, $1 million for a waterless urinal initiative, 
$500,000 for a Teapot museum in North Carolina, $1.1 million to 
research the use of Alaskan salmon in baby food, $25 million for a fish 
hatchery in Montana, $37 million over four years to the Alaska 
Fisheries Marketing Board to ``promote and develop fishery products and 
research pertaining to American fisheries.'' So how exactly does this 
Board spend the money Congress so generously earmarks every year? Well, 
they spent $500,000 of it to paint a giant salmon on the side of an 
Alaska Airlines 747--and nicknamed it the ``Salmon Forty Salmon.''
  Unfortunately, I could go on and on with examples of wasteful 
earmarks that have been approved by Congress. And we wonder why our 
approval rating stands at 20 percent.
  The corruption which stems from the practice of earmarking has 
resulted in current and former Members of both the House and Senate 
either under investigation, under indictment, or in prison. Let's be 
clear--it wasn't inadequate lobbyist disclosure requirements which led 
Duke Cunningham to violate his oath of office and take $2.5 million in 
bribes in exchange for doling out $70-$80 million of the taxpayer's 
funds to a defense contractor. It was his ability to freely earmark 
taxpayer funds without question.
  We cannot allow this to continue. Now is the time to put a stop to 
this corrupt practice. The bill we are introducing today seeks to 
reform the current system by empowering all Members with a tool to rid 
appropriations bills of unauthorized funds, pork barrel projects, and 
legislative policy riders and to provide greater public disclosure of 
the legislative process.
  We, as Members, owe it to the American people to conduct ourselves in 
a way that reinforces, rather than diminishes, the public's faith and 
confidence in Congress. An informed citizenry is essential to a 
thriving democracy. A democratic government operates best in the 
disinfecting light of the public eye. By seriously addressing the 
corrupting influence of earmarks, we will allow Members to legislate 
with the imperative that our Government must be free from corrupting 
influences, both real and perceived. We must act now to ensure that the 
erosion we see today in the public's confidence in Congress does not 
become a collapse of confidence. We can, and we must, end the practice 
of earmarking.
  Again, I thank my friend and colleague from Wisconsin for his strong 
leadership on this issue, and I encourage the Senate act quickly to 
approve this measure.
                                 ______
                                 
      By Mr. REID:
  S.J. Res. 3. A joint resolution ensuring that the compensation and 
other emoluments attached to the office of Secretary of the Interior 
are those which were in effect on January 1, 2005; considered and 
passed.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
joint resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be placed in the Record, as follows:

                              S.J. Res. 3

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. COMPENSATION AND OTHER EMOLUMENTS ATTACHED TO THE 
                   OFFICE OF SECRETARY OF THE INTERIOR.

       (a) In General.--The compensation and other emoluments 
     attached to the office of Secretary of the Interior shall be 
     those in effect January 1, 2005, notwithstanding any increase 
     in such compensation or emoluments after that date under any 
     provision of law, or provision which has the force and effect 
     of law, that is enacted or becomes effective during the 
     period beginning at noon of January 3, 2005, and ending at 
     noon of January 3, 2011.
       (b) Civil Action and Appeal.--
       (1) Jurisdiction.--Any person aggrieved by an action of the 
     Secretary of the Interior may bring a civil action in the 
     United States District Court for the District of Columbia to 
     contest the constitutionality of the appointment and 
     continuance in office of the Secretary of the Interior on the 
     ground that such appointment and continuance in office is in 
     violation of article I, section 6, clause 2, of the 
     Constitution. The United States District Court for the 
     District of Columbia shall have exclusive jurisdiction over 
     such a civil action, without regard to the sum or value of 
     the matter in controversy.
       (2) Three judge panel.--Any claim challenging the 
     constitutionality of the appointment and continuance in 
     office of the Secretary of the Interior on the ground that 
     such appointment and continuance in office is in violation of 
     article I, section 6, clause 2, of the Constitution, in an 
     action brought under paragraph (1) shall be heard and 
     determined by a panel of three judges in accordance with 
     section 2284 of title 28, United States Code. It shall be the 
     duty of the district court to advance on the docket and to 
     expedite the disposition of any matter brought under this 
     subsection.
       (3) Appeal.--
       (A) Direct appeal to supreme court.--An appeal may be taken 
     directly to the Supreme Court of the United States from any 
     interlocutory or final judgment, decree, or order upon the 
     validity of the appointment and continuance in office of the 
     Secretary of the Interior under article I, section 6, clause 
     2, of the Constitution, entered in any action brought under 
     this subsection. Any such appeal shall be taken by a notice 
     of appeal filed within 20 days after such judgment, decree, 
     or order is entered.
       (B) Jurisdiction.--The Supreme Court shall, if it has not 
     previously ruled on the question presented by an appeal taken 
     under subparagraph (A), accept jurisdiction over the appeal, 
     advance the appeal on the docket, and expedite the appeal.
       (c) Effective Date.--This joint resolution shall take 
     effect at 12:00 p.m. on January 20, 2009.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 1--INFORMING THE PRESIDENT OF THE UNITED STATES THAT 
                  A QUORUM OF EACH HOUSE IS ASSEMBLED

  Mr. REID (for himself and Mr. McConnell) submitted the following 
resolution; which was considered and agreed to:

                               S. Res. 1

       Resolved, That a committee consisting of two Senators be 
     appointed to join such committee as may be appointed by the 
     House of Representatives to wait upon the President of the 
     United States and inform him that a quorum of each House is 
     assembled and that the Congress is ready to receive any 
     communication he may be pleased to make.

                          ____________________




  SENATE RESOLUTION 2--INFORMING THE HOUSE OF REPRESENTATIVES THAT A 
                   QUORUM OF THE SENATE IS ASSEMBLED

  Mr. REID (for himself and Mr. McConnell) submitted the following 
resolution; which was considered and agreed to:

                               S. Res. 2

       Resolved, That the Secretary inform the House of 
     Representatives that a quorum of the Senate is assembled and 
     that the Senate is ready to proceed to business.

[[Page 191]]



                          ____________________




  SENATE RESOLUTION 3--FIXING THE HOUR OF DAILY MEETING OF THE SENATE

  Mr. REID (for himself and Mr. McConnell) submitted the following 
resolution; which was considered and agreed to:

                               S. Res. 3

       Resolved, That the daily meeting of the Senate be 12 
     o'clock meridian unless otherwise ordered.

                          ____________________




   SENATE RESOLUTION 4--EXPRESSING THE SENSE OF THE SENATE THAT THE 
   SUPREME COURT OF THE UNITED STATES ERRONEOUSLY DECIDED KENNEDY V. 
  LOUISIANA, NO. 07-343 (2008), AND THAT THE EIGHTH AMENDMENT TO THE 
 CONSTITUTION OF THE UNITED STATES ALLOWS THE IMPOSITION OF THE DEATH 
                    PENALTY FOR THE RAPE OF A CHILD

  Mr. VITTER submitted the following resolution; which was referred to 
the Committee on the Judiciary:

                               S. Res. 4

       Whereas 1 out of 3 sexual assault victims is under 12 years 
     of age;
       Whereas raping a child is a particularly depraved, 
     perverted, and heinous act;
       Whereas child rape is among the most morally reprehensible 
     crimes;
       Whereas child rape is a gross defilement of innocence that 
     should be severely punished;
       Whereas a raped child suffers immeasurable physical, 
     psychological, and emotional harm from which the child may 
     never recover;
       Whereas the Federal Government and State governments have a 
     right and a duty to combat, prevent, and punish child rape;
       Whereas the popularly elected representatives of Louisiana 
     modified the rape laws of the State in 1995, making the 
     aggravated rape of a child 11 years of age or younger 
     punishable by death, life imprisonment without parole, 
     probation, or suspension of sentence, as determined by a 
     jury;
       Whereas on March 2, 1998, Patrick Kennedy, a resident of 
     Louisiana, brutally raped his 8-year-old stepdaughter;
       Whereas the injuries inflicted on the child victim by her 
     stepfather were described by an expert in pediatric forensic 
     medicine as ``the most severe he had seen from a sexual 
     assault'';
       Whereas the cataclysmic injuries to her 8-year-old body 
     required emergency surgery;
       Whereas a jury of 12 Louisiana citizens convicted Patrick 
     Kennedy of this depraved crime, and unanimously sentenced him 
     to death;
       Whereas the Supreme Court of Louisiana upheld this 
     sentence, holding that the death penalty was not an excessive 
     punishment for Kennedy's crime;
       Whereas the Supreme Court of Louisiana relied on precedent 
     interpreting the eighth amendment to the Constitution of the 
     United States;
       Whereas on June 25, 2008, the Supreme Court of the United 
     States held in Kennedy v. Louisiana, No. 07-343 (2008), that 
     executing Patrick Kennedy for the rape of his stepdaughter 
     would be ``cruel and unusual punishment'';
       Whereas the Supreme Court, in the 5-4 decision, overturned 
     the judgment of Louisiana's elected officials, the citizens 
     who sat on the jury, and the Louisiana Supreme Court;
       Whereas this decision marked the first time that the 
     Supreme Court held that the death penalty for child rape was 
     unconstitutional;
       Whereas, as Justice Alito observed in his dissent, the 
     opinion of the majority was so broad that it precludes the 
     Federal Government and State governments from authorizing the 
     death penalty for child rape ``no matter how young the child, 
     no matter how many times the child is raped, no matter how 
     many children the perpetrator rapes, no matter how sadistic 
     the crime, no matter how much physical or psychological 
     trauma is inflicted, and no matter how heinous the 
     perpetrator's prior criminal record may be'';
       Whereas, in the United States, the people, not the 
     Government, are sovereign;
       Whereas the Constitution of the United States is supreme 
     and deserving of the people's allegiance;
       Whereas the framers of the eighth amendment did not intend 
     to prohibit the death penalty for child rape;
       Whereas the imposition of the death penalty for child rape 
     has never been within the plain and ordinary meaning of 
     ``cruel and unusual punishment'', neither now nor at the 
     adoption of the eighth amendment;
       Whereas instead of construing the eighth amendment's 
     prohibition of ``cruel and unusual punishment'' according to 
     its original meaning or its plain and ordinary meaning, the 
     Court followed a two-step approach of first attempting to 
     discern a national consensus regarding the appropriateness of 
     the death penalty for child rape and then applying the 
     Justices' own independent judgment in light of their 
     interpretation of a national consensus and evolving standards 
     of decency;
       Whereas, to the extent that a national consensus is 
     relevant to the meaning of the eighth amendment, there is 
     national consensus in favor of the death penalty for child 
     rape, as evidenced by the adoption of that penalty by the 
     elected branches of the Federal Government only 2 years ago, 
     and by the swift denunciations of the Kennedy v. Louisiana 
     decision by the presumptive nominees for President of both 
     major political parties;
       Whereas the evolving standards of decency is an arbitrary 
     construct without foundation in the Constitution of the 
     United States and should have no bearing on Justices who are 
     bound to interpret the laws of the United States;
       Whereas the standards of decency in the United States have 
     evolved toward approval of the death penalty for child rape, 
     as evidenced by 6 States and the Federal Government adopting 
     that penalty in the past 13 years;
       Whereas the Supreme Court rendered its opinion without 
     knowledge of a Federal law authorizing the death penalty for 
     child rapists;
       Whereas the Federal law authorizing the death penalty for 
     child rapists was passed by Congress and signed by the 
     President 2 years before the Supreme Court released the 
     decision; and
       Whereas the Court presumably would have deferred to the 
     elected branches of government in determining a national 
     consensus regarding evolving standards of decency had it been 
     aware of the Federal law authorizing the death penalty for 
     child rapists at the time that it made the decision: Now, 
     therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) the depraved conduct of the worst child rapists merits 
     the death penalty;
       (2) standards of decency allow, and sometimes compel, the 
     death penalty for child rape;
       (3) the eighth amendment to the Constitution of the United 
     States allows the death penalty for the rape of a child where 
     the crime did not result, and was not intended to result, in 
     death of the victim;
       (4) the Louisiana statute making child rape punishable by 
     death is constitutional;
       (5) the Supreme Court of the United States should grant any 
     petition for rehearing of Kennedy v. Louisiana, No. 07-343 
     (2008), because the case was decided under a mistaken view of 
     Federal law;
       (6) the portions of the Kennedy v. Louisiana decision 
     regarding the national consensus or evolving standards of 
     decency with respect to the imposition of the death penalty 
     for child rape should not be viewed by Federal or State 
     courts as binding precedent, because the Supreme Court was 
     operating under a mistaken view of Federal law; and
       (7) the Supreme Court should reverse its decision in 
     Kennedy v. Louisiana, on rehearing or in a future case, 
     because the decision was supported by neither commonly held 
     beliefs about ``cruel and unusual punishment'', nor by the 
     text, structure, or history of the Constitution of the United 
     States.

                          ____________________




SENATE RESOLUTION 5--EXPRESSING THE SUPPORT FOR PRAYER AT SCHOOL BOARD 
                                MEETINGS

  Mr. VITTER submitted the following resolution; which was referred to 
the Committee on Health, Education, Labor, and Pensions.

                               S. Res. 5

       Whereas the freedom to practice religion and to express 
     religious thought is acknowledged to be a fundamental and 
     unalienable right belonging to all individuals;
       Whereas the United States was founded on the principle of 
     freedom of religion and not freedom from religion;
       Whereas the framers intended that the first amendment to 
     the Constitution would prohibit the Federal Government from 
     enacting any law that favors one religious denomination over 
     another, not prohibit any mention of religion or reference to 
     God in civic dialogue;
       Whereas in 1983, the Supreme Court held in Marsh v. 
     Chambers, 463 U.S. 783, that the practice of opening 
     legislative sessions with prayer has become part of the 
     fabric of our society and invoking divine guidance on a 
     public body entrusted with making the laws is not a violation 
     of the Establishment Clause of the first amendment, but 
     rather is simply a tolerable acknowledgment of beliefs widely 
     held among the people of the Nation;
       Whereas voluntary prayer in elected bodies should not be 
     limited to prayer in State legislatures and Congress;
       Whereas school boards are deliberative bodies of adults 
     similar to a legislature in that they are elected by the 
     people, act in the public interest, and hold sessions that 
     are open to the public for voluntary attendance; and
       Whereas voluntary prayer by an elected body should be 
     protected under law and encouraged in society because 
     voluntary prayer has become a part of the fabric of our 
     society, voluntary prayer acknowledges beliefs widely held 
     among the people of the Nation, and the Supreme Court has 
     held that it is not a violation of the Establishment Clause

[[Page 192]]

     for a public body to invoke divine guidance: Now, therefore, 
     be it
       Resolved, That the Senate--
       (1) recognizes that prayer before school board meetings is 
     a protected act in accordance with the fundamental principles 
     upon which the Nation was founded; and
       (2) expresses support for the practice of prayer at the 
     beginning of school board meetings.

                          ____________________




  SENATE RESOLUTION 6--EXPRESSING SOLIDARITY WITH ISRAEL IN ISRAEL'S 
              DEFENSE AGAINST TERRORISM IN THE GAZA STRIP

  Mr. VITTER submitted the following resolution; which was referred to 
the Committee on Foreign Relations:

                               S. Res. 6

       Whereas the state of Israel is the greatest ally of the 
     United States in the Middle East;
       Whereas the Hamas terror organization's charter calls for 
     the destruction of the state of Israel;
       Whereas Palestinian terrorists of the Islamic Jihad and 
     Hamas in the Gaza Strip, recently have fired hundreds of 
     rockets at civilian targets in southern Israel, ending a 6-
     month ceasefire with Israel, in declaration and in deed;
       Whereas, during the 6-month ``state of calm'', the 
     Government of Israel allowed the entry of approximately 
     17,000 truckloads of humanitarian aid supplies into the Gaza 
     Strip, while Palestinian terrorists launched 538 rockets and 
     mortars into Israel;
       Whereas the latest terrorist attacks on Israel took place 
     only days after the United Nations Security Council adopted 
     Resolution 1850, which unanimously declared support for the 
     peace process between the Palestinians and Israelis;
       Whereas, since the most recent terrorist attacks and its 
     military operation that began on December 27, 2008, the 
     Government of Israel has allowed the entry of hundreds of 
     truckloads of humanitarian aid supplies into the Gaza Strip, 
     in full coordination with donor Arab countries and 
     international aid organizations, including the Red Cross, out 
     of respect for human rights and human life and in an effort 
     to minimize the hardship and suffering of the Palestinian 
     people;
       Whereas the military operations of the Government of Israel 
     constitute an effort to defend the people of Israel, which is 
     the Government's moral duty in response to the unspeakable 
     horrors of ongoing, indiscriminate terrorism, and are aimed 
     only at dimantling the terrorist infrastructure; and
       Whereas hundreds of innocent Israeli and Palestinian 
     civilians tragically have been killed on account of ongoing 
     escalations of violence initiated by Palestinian terrorist 
     organizations: Now, therefore, be it
       Resolved, That the Senate--
       (1) stands in solidarity with the Government of Israel as 
     it takes necessary steps to provide security to its people;
       (2) remains committed to Israel's right to self-defense and 
     supports additional assistance from the United States to help 
     Israel defend itself;
       (3) condemns the end of the ceasefire by Hamas;
       (4) condemns the firing of rockets into civilian areas by 
     the terrorist groups of Hamas and the Islamic Jihad;
       (5) urges all Arab states to declare strong opposition to 
     terrorism and terrorist attacks on civilians;
       (6) urges all parties in the Middle East to pursue lasting 
     peace in the region; and
       (7) expresses its commitment to working to promote economic 
     relations, bilateral trade, and partnerships in technology 
     and alternative energy between the United States and Israel 
     in order to stimulate the economies of both the United States 
     and Israel in this time of crisis.

                          ____________________




   SENATE RESOLUTION 7--EXPRESSING THE SENSE OF THE SENATE REGARDING 
  DESIGNATION OF THE MONTH OF NOVEMBER AS ``NATIONAL MILITARY FAMILY 
                                MONTH''

  Mr. INOUYE submitted the following resolution; which was referred to 
the Committee on the Judiciary:

                               S. Res. 7

       Whereas military families, through their sacrifices and 
     their dedication to the United States and its values, 
     represent the bedrock upon which the United States was 
     founded and upon which the country continues to rely in these 
     perilous and challenging times: Now, therefore, be it
       Resolved, That--
       (1) it is the sense of the Senate that the month of 
     November should be designated as ``National Military Family 
     Month''; and
       (2) the Senate encourages the people of the United States 
     to observe National Military Family Month with appropriate 
     ceremonies and activities.

  Mr. INOUYE. Mr. President, today I rise to honor all our military 
families by introducing a resolution to designate November as National 
Military Family Month. As we all know, memories fade, and the hardships 
experienced by our military families are easily forgotten unless they 
touch our own immediate family.
  Today, we have our men and women deployed all over the world, engaged 
in this war on terrorism. These far-ranging military deployments are 
extremely difficult on the families who bear this heavy burden.
  To honor these families, the Armed Services YMCA has sponsored 
Military Family Week in late November since 1996. However, due to 
frequent ``short week'' conflicts around the Thanksgiving holidays, the 
designated week has not always afforded enough time to schedule 
observances on and near our military bases.
  I believe a month long observation will allow greater opportunity to 
plan events. Moreover, it will provide a greater opportunity to 
stimulate media support.
  A concurrent resolution will help pave the way for this effort. I ask 
my colleagues to join me in supporting this tribute to our military 
families.

                          ____________________




 SENATE RESOLUTION 8--RELATIVE TO THE DEATH OF THE HONORABLE CLAIBORNE 
  DE BORDA PELL, FORMER UNITED STATES SENATOR FOR THE STATE OF RHODE 
                                 ISLAND

  Mr. REID (for himself, Mr. McConnell, Mr. Reed, Mr. Whitehouse, Mr. 
Akaka, Mr. Alexander, Mr. Barrasso, Mr. Baucus, Mr. Bayh, Mr. Begich, 
Mr. Bennett, Mr. Biden, Mr. Bingaman, Mr. Bond, Mrs. Boxer, Mr. Brown, 
Mr. Brownback, Mr. Bunning, Mr. Burr, Mr. Byrd, Ms. Cantwell, Mr. 
Cardin, Mr. Carper, Mr. Casey, Mr. Chambliss, Mrs. Clinton, Mr. Coburn, 
Mr. Cochran, Ms. Collins, Mr. Conrad, Mr. Corker, Mr. Cornyn, Mr. 
Crapo, Mr. DeMint, Mr. Dodd, Mr. Dorgan, Mr. Durbin, Mr. Ensign, Mr. 
Enzi, Mr. Feingold, Mrs. Feinstein, Mr. Graham, Mr. Grassley, Mr. 
Gregg, Mrs. Hagan, Mr. Harkin, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, 
Mr. Inouye, Mr. Isakson, Mr. Johanns, Mr. Johnson, Mr. Kennedy, Mr. 
Kerry, Ms. Klobuchar, Mr. Kohl, Mr. Kyl, Ms. Landrieu, Mr. Lautenberg, 
Mr. Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mr. Lugar, Mr. 
Martinez, Mr. McCain, Mrs. McCaskill, Mr. Menendez, Mr. Merkley, Ms. 
Mikulski, Ms. Murkowski, Mrs. Murray, Mr. Nelson of Florida, Mr. Nelson 
of Nebraska, Mr. Pryor, Mr. Risch, Mr. Roberts, Mr. Rockefeller, Mr. 
Salazar, Mr. Sanders, Mr. Schumer, Mr. Sessions, Mrs. Shaheen, Mr. 
Shelby, Ms. Snowe, Mr. Specter, Ms. Stabenow, Mr. Tester, Mr. Thune, 
Mr. Udall of Colorado, Mr. Udall of New Mexico, Mr. Vitter, Mr. 
Voinovich, Mr. Warner, Mr. Webb, Mr. Wicker, and Mr. Wyden) submitted 
the following resolution; which was considered and agreed to:

                               S. Res. 8

       Whereas Claiborne Pell represented the people of Rhode 
     Island with distinction for 36 years in the United States 
     Senate, from 1961 to 1997, and was the longest-serving 
     Senator in Rhode Island's history;
       Whereas Claiborne Pell served in the United States Coast 
     Guard and the Coast Guard Reserve, beginning in 1941 and 
     retiring in 1978 with the rank of Captain;
       Whereas Claiborne Pell participated in the 1945 United 
     Nations Conference on International Organization that 
     established the United Nations, and was a champion of the 
     United Nations throughout his life;
       Whereas Claiborne Pell served as a Foreign Service Officer 
     from 1945 to 1952;
       Whereas Claiborne Pell sponsored the legislation that, in 
     1965, created the National Endowment for the Arts and the 
     National Endowment for the Humanities and, in 1966, created 
     the National Sea Grant College and Program;
       Whereas Claiborne Pell's vision led to the creation of an 
     improved passenger rail system in the Northeast and across 
     the United States;
       Whereas Claiborne Pell believed that economic means should 
     not be a barrier to a higher education and sponsored 
     legislation creating the Basic Educational Opportunity Grants 
     in 1972, which were renamed ``Pell Grants'' in 1980;

[[Page 193]]

       Whereas Pell Grants have helped 54,000,000 people in the 
     United States secure a higher education;
       Whereas Claiborne Pell sought to expand educational 
     opportunities throughout his tenure as a member and as 
     Chairman of the Senate Subcommittee on Education, Arts and 
     Humanities;
       Whereas Claiborne Pell served as Chairman of the Senate 
     Committee on Foreign Relations in the 100th through 103rd 
     Congresses;
       Whereas Claiborne Pell was a champion of human rights who 
     devoted himself to promoting a peaceful resolution to 
     international conflict and the elimination of the threat of 
     nuclear weapons; and
       Whereas the hallmarks of Claiborne Pell's public service 
     were unsurpassed respect, decency, and civility: Now, 
     therefore, be it
       Resolved, That--
       (1) the Senate has heard with profound sorrow and deep 
     regret the announcement of the death of the Honorable 
     Claiborne Pell, former member of the United States Senate;
       (2) the Secretary of the Senate communicate these 
     resolutions to the House of Representatives and transmit an 
     enrolled copy thereof to the family of the deceased; and
       (3) that when the Senate adjourns today, it stand adjourned 
     as a further mark of respect to the memory of the Honorable 
     Claiborne Pell.

                          ____________________




SENATE CONCURRENT RESOLUTION 1--TO PROVIDE FOR THE COUNTING ON JANUARY 
8, 2009, OF THE ELECTORAL VOTES FOR PRESIDENT AND VICE PRESIDENT OF THE 
                             UNITED STATES

  Mr. REID (for himself and Mr. McConnell) submitted the following 
concurrent resolution; which was considered and agreed to:

                             S. Con. Res. 1

       Resolved by the Senate (the House of Representatives 
     concurring), That the two Houses of Congress shall meet in 
     the Hall of the House of Representatives on Thursday, the 8th 
     day of January 2009, at 1 o'clock post meridian, pursuant to 
     the requirements of the Constitution and laws relating to the 
     election of President and Vice President of the United 
     States, and the President of the Senate shall be their 
     Presiding Officer; that two tellers shall be previously 
     appointed by the President of the Senate on the part of the 
     Senate and two by the Speaker on the part of the House of 
     Representatives, to whom shall be handed, as they are opened 
     by the President of the Senate, all the certificates and 
     papers purporting to be certificates of the electoral votes, 
     which certificates and papers shall be opened, presented, and 
     acted upon in the alphabetical order of the States, beginning 
     with the letter `A'; and said tellers, having then read the 
     same in the presence and hearing of the two Houses, shall 
     make a list of the votes as they shall appear from the said 
     certificates; and the votes having been ascertained and 
     counted in the manner and according to the rules by law 
     provided, the result of the same shall be delivered to the 
     President of the Senate, who shall thereupon announce the 
     state of the vote, which announcement shall be deemed a 
     sufficient declaration of the persons, if any, elected 
     President and Vice President of the United States, and, 
     together with a list of the votes, be entered on the Journals 
     of the two Houses.

                          ____________________




    SENATE CONCURRENT RESOLUTION 2--EXTENDING THE LIFE OF THE JOINT 
            CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES

  Mr. REID (for himself and Mr. McConnell) submitted the following 
concurrent resolution; which was considered and agreed to:

                             S. Con. Res. 2

       Resolved by the Senate (the House of Representatives 
     concurring), That effective from January 6, 2009, the joint 
     committee created by Senate Concurrent Resolution 67 (110th 
     Congress), to make the necessary arrangements for the 
     inauguration, is hereby continued with the same power and 
     authority provided for in that resolution. SEC. 2. Effective 
     from January 6, 2009, the provisions of Senate Concurrent 
     Resolution 68 (110th Congress), to authorize the rotunda of 
     the United States Capitol to be used in connection with the 
     proceedings and ceremonies for the inauguration of the 
     President-elect and the Vice President-elect of the United 
     States, are continued with the same power and authority 
     provided for in that resolution.

                          ____________________




                          NOTICES OF HEARINGS


               COMMITTEE ON ENERGY AND NATURAL RESOURCES

  Mr. BINGAMAN. Mr. President, I would like to announce for the 
information of the Senate and the public that a hearing has been 
scheduled before the Senate Committee on Energy and Natural Resources. 
The hearing will be held on Thursday, January 8, 2009, at 9:30 a.m., in 
room SD-366 of the Dirksen Senate Office Building.
  The purpose of the hearing is to receive testimony on current energy 
security challenges.
  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record may do so by sending it to the 
Committee on Energy and Natural Resources, United States Senate, 
Washington, D.C. 20510-6150, or by e-mail to 
Rosemarie_C[email protected].
  For further information, please contact Tara Billingsley at (202) 
224-4756 or Rosemarie Calabro at (202) 224-5039.


               COMMITTEE ON ENERGY AND NATURAL RESOURCES

  Mr. BINGAMAN. Mr. President, I would like to announce for the 
information of the Senate and the public that a hearing has been 
scheduled before the Senate Committee on Energy and Natural Resources. 
The hearing will be held on Tuesday, January 13, 2009, at 10 a.m., in 
room SD-366 of the Dirksen Senate Office Building.
  The purpose of the hearing is to consider the nomination of Steven 
Chu to be Secretary of Energy.
  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record may do so by sending it to the 
Committee on Energy and Natural Resources, United States Senate, 
Washington, D.C. 20510-6150, or by e-mail to 
Amanda_K[email protected].
  For further information, please contact Sam Fowler at (202) 224-7571 
or Amanda Kelly at (202) 224-6836.


               COMMITTEE ON ENERGY AND NATURAL RESOURCES

  Mr. BINGAMAN. Mr. President, I would like to announce for the 
information of the Senate and the public that a hearing has been 
scheduled before the Senate Committee on Energy and Natural Resources. 
The hearing will be held on Thursday, January 15, 2009, at 9:30 a.m., 
in room SD-366 of the Dirksen Senate Office Building.
  The purpose of the hearing is to consider the nomination of Ken 
Salazar to be Secretary of the Interior.
  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record may do so by sending it to the 
Committee on Energy and Natural Resources, United States Senate, 
Washington, D.C. 20510-6150, or by e-mail to 
Amanda_K[email protected].
  For further information, please contact Sam Fowler at (202) 224-7571 
or Amanda Kelly at (202) 224-6836.

                          ____________________




                              APPOINTMENT

  The PRESIDING OFFICER. Pursuant to the order of the Senate of 
December 11, 2008, authorizing appointments to be made during the 
recess or adjournment of the Senate, the Chair lays before the Senate 
an appointment made on December 18, 2008:
  The Chair, on behalf of the Republican Leader, pursuant to provisions 
of Public Law 110-343, appoints the following individual as a member of 
the Congressional Oversight Panel: the Honorable John Sununu, of New 
Hampshire vice the Honorable Judd Gregg, of New Hampshire.

                          ____________________




 ENSURING COMPENSATION AND OTHER EMOLUMENTS ATTACHED TO THE OFFICE OF 
                       SECRETARY OF THE INTERIOR

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S.J. Res. 3 introduced 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A joint resolution (S.J. Res. 3) ensuring that the 
     compensation and other emoluments attached to the office of 
     Secretary of the Interior are those which were in effect on 
     January 1, 2005.

  There being no objection, the Senate proceeded to consider the joint 
resolution.

[[Page 194]]


  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the joint 
resolution be read three times and passed, the motions to reconsider be 
laid upon the table, and that any statements relating thereto be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The joint resolution was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                              S.J. Res. 3

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. COMPENSATION AND OTHER EMOLUMENTS ATTACHED TO THE 
                   OFFICE OF SECRETARY OF THE INTERIOR.

       (a) In General.--The compensation and other emoluments 
     attached to the office of Secretary of the Interior shall be 
     those in effect January 1, 2005, notwithstanding any increase 
     in such compensation or emoluments after that date under any 
     provision of law, or provision which has the force and effect 
     of law, that is enacted or becomes effective during the 
     period beginning at noon of January 3, 2005, and ending at 
     noon of January 3, 2011.
       (b) Civil Action and Appeal.--
       (1) Jurisdiction.--Any person aggrieved by an action of the 
     Secretary of the Interior may bring a civil action in the 
     United States District Court for the District of Columbia to 
     contest the constitutionality of the appointment and 
     continuance in office of the Secretary of the Interior on the 
     ground that such appointment and continuance in office is in 
     violation of article I, section 6, clause 2, of the 
     Constitution. The United States District Court for the 
     District of Columbia shall have exclusive jurisdiction over 
     such a civil action, without regard to the sum or value of 
     the matter in controversy.
       (2) Three judge panel.--Any claim challenging the 
     constitutionality of the appointment and continuance in 
     office of the Secretary of the Interior on the ground that 
     such appointment and continuance in office is in violation of 
     article I, section 6, clause 2, of the Constitution, in an 
     action brought under paragraph (1) shall be heard and 
     determined by a panel of three judges in accordance with 
     section 2284 of title 28, United States Code. It shall be the 
     duty of the district court to advance on the docket and to 
     expedite the disposition of any matter brought under this 
     subsection.
       (3) Appeal.--
       (A) Direct appeal to supreme court.--An appeal may be taken 
     directly to the Supreme Court of the United States from any 
     interlocutory or final judgment, decree, or order upon the 
     validity of the appointment and continuance in office of the 
     Secretary of the Interior under article I, section 6, clause 
     2, of the Constitution, entered in any action brought under 
     this subsection. Any such appeal shall be taken by a notice 
     of appeal filed within 20 days after such judgment, decree, 
     or order is entered.
       (B) Jurisdiction.--The Supreme Court shall, if it has not 
     previously ruled on the question presented by an appeal taken 
     under subparagraph (A), accept jurisdiction over the appeal, 
     advance the appeal on the docket, and expedite the appeal.
       (c) Effective Date.--This joint resolution shall take 
     effect at 12:00 p.m. on January 20, 2009.

                          ____________________




MEASURES READ THE FIRST TIME--S. 1, S. 2, S. 3, S. 4, S. 5, S. 6, S. 7, 
                  S. 8, S. 9, S. 10, S. 33, and S. 34

  Mr. WHITEHOUSE. Mr. President, I understand there are 12 bills at the 
desk, and I ask for their first reading en bloc.
  The PRESIDING OFFICER. Without objection, the clerk will report the 
bills by title.
  The legislative clerk read as follows:

       A bill (S. 1) to create jobs, restore economic growth, and 
     strengthen America's middle class through measures that 
     modernize the nation's infrastructure, enhance America's 
     energy independence, expand educational opportunities, 
     preserve and improve affordable health care, provide tax 
     relief, and protect those in greatest need, and for other 
     purposes.
       A bill (S. 2) to improve the lives of middle class families 
     and provide them with greater opportunity to achieve the 
     American dream.
       A bill (S. 3) to protect homeowners and consumers by 
     reducing foreclosures, ensuring the availability of credit 
     for homeowners, businesses, and consumers, and reforming the 
     financial regulatory system, and for other purposes.
       A bill (S. 4) to guarantee affordable, quality health 
     coverage for all Americans, and for other purposes.
       A bill (S. 5) to improve the economy and security of the 
     United States by reducing the dependence of the United States 
     on foreign and unsustainable energy sources and the risks of 
     global warming, and for other purposes.
       A bill (S. 6) to restore and enhance the national security 
     of the United States.
       A bill (S. 7) to expand educational opportunities for all 
     Americans by increasing access to high-quality early 
     childhood education and after school programs, advancing 
     reform in elementary and secondary education, strengthening 
     mathematics and science instruction, and ensuring that higher 
     education is more affordable, and for other purposes.
       A bill (S. 8) to return the Government to the people by 
     reviewing controversial ``midnight regulations'' issued in 
     the waning days of the Bush Administration.
       A bill (S. 9) to strengthen the United States economy, 
     provide for more effective border and employment enforcement, 
     and for other purposes.
       A bill (S. 10) to restore fiscal discipline and begin to 
     address the long-term fiscal challenges facing the United 
     States, and for other purposes.
       A bill (S. 33) to amend the Internal Revenue Code of 1986 
     with respect to the proper tax treatment of certain 
     indebtedness discharged in 2009 or 2010, and for other 
     purposes.
       A bill (S. 34) to prevent the Federal Communications 
     Commission from repromulgating the fairness doctrine.

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that further 
reading of the bills be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WHITEHOUSE. Mr. President, I now ask for a second reading en 
bloc, and I object to my own request en bloc.
  The PRESIDING OFFICER. Objection is heard.
  The bills will be read the second time on the next legislative day.

                          ____________________




                        CLAIBORNE DE BORDA PELL

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 8, submitted 
earlier today by Senator Reid.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 8) relative to the death of the 
     Honorable Claiborne de Borda Pell, former United States 
     Senator for the State of Rhode Island.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FEINGOLD. Mr. President, I join my colleagues, the people of 
Rhode Island, and people across the Nation in mourning the passing of 
Senator Claiborne Pell. It was my honor to serve with him here in the 
Senate. My first term in the Senate coincided with his last years of 
distinguished service in this body. In particular, I enjoyed the 
opportunity to serve on the Foreign Relations Committee during his time 
as chairman. He was known on the committee, and throughout the Senate 
on both sides of the aisle, for his unfailingly kind manner and his 
outstanding commitment to public service, and rightly so.
  Senator Pell had many accomplishments during his life in public 
service, including his authorship of legislation that created the 
National Endowment for the Arts and the National Endowment for 
Humanities, but his work to create what came to be known as Pell grants 
was perhaps his greatest achievement. Pell grants have helped millions 
of Americans attend college who otherwise may not have been able to 
attend due to cost. Higher education is one of the most important 
investments our Federal Government can make, and Senator Pell, who was 
deeply concerned about the emergence of a widening educational gap 
between low-income and more affluent Americans, worked to try to ensure 
that individuals from low-income families are not denied postsecondary 
education because they cannot afford it. As this new Congress begins, 
it is my hope that we can carry forward Senator Pell's legacy and boost 
Federal need-based grant programs to help ensure the doors of higher 
education are open to all Americans regardless of their financial 
circumstances.
  Senator Pell's success in creating these grants, and giving so many 
Americans access to higher education, and to a better life, is a 
remarkable legacy. I am proud that I had the chance to serve with 
Senator Pell, and I join Americans across the country in honoring his 
memory.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, the motions to 
reconsider be

[[Page 195]]

laid upon the table, with no intervening action or debate, and that any 
statements relating to the resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 8) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 8

       Whereas Claiborne Pell represented the people of Rhode 
     Island with distinction for 36 years in the United States 
     Senate, from 1961 to 1997, and was the longest-serving 
     Senator in Rhode Island's history;
       Whereas Claiborne Pell served in the United States Coast 
     Guard and the Coast Guard Reserve, beginning in 1941 and 
     retiring in 1978 with the rank of Captain;
       Whereas Claiborne Pell participated in the 1945 United 
     Nations Conference on International Organization that 
     established the United Nations, and was a champion of the 
     United Nations throughout his life;
       Whereas Claiborne Pell served as a Foreign Service Officer 
     from 1945 to 1952;
       Whereas Claiborne Pell sponsored the legislation that, in 
     1965, created the National Endowment for the Arts and the 
     National Endowment for the Humanities and, in 1966, created 
     the National Sea Grant College and Program;
       Whereas Claiborne Pell's vision led to the creation of an 
     improved passenger rail system in the Northeast and across 
     the United States;
       Whereas Claiborne Pell believed that economic means should 
     not be a barrier to a higher education and sponsored 
     legislation creating the Basic Educational Opportunity Grants 
     in 1972, which were renamed ``Pell Grants'' in 1980;
       Whereas Pell Grants have helped 54,000,000 people in the 
     United States secure a higher education;
       Whereas Claiborne Pell sought to expand educational 
     opportunities throughout his tenure as a member and as 
     Chairman of the Senate Subcommittee on Education, Arts and 
     Humanities;
       Whereas Claiborne Pell served as Chairman of the Senate 
     Committee on Foreign Relations in the 100th through 103rd 
     Congresses;
       Whereas Claiborne Pell was a champion of human rights who 
     devoted himself to promoting a peaceful resolution to 
     international conflict and the elimination of the threat of 
     nuclear weapons; and
       Whereas the hallmarks of Claiborne Pell's public service 
     were unsurpassed respect, decency, and civility: Now, 
     therefore, be it
       Resolved, That--
       (1) the Senate has heard with profound sorrow and deep 
     regret the announcement of the death of the Honorable 
     Claiborne Pell, former member of the United States Senate;
       (2) the Secretary of the Senate communicate these 
     resolutions to the House of Representatives and transmit an 
     enrolled copy thereof to the family of the deceased; and
       (3) that when the Senate adjourns today, it stand adjourned 
     as a further mark of respect to the memory of the Honorable 
     Claiborne Pell.

                          ____________________




                 ORDERS FOR WEDNESDAY, JANUARY 7, 2009

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it stand adjourned until 11:30 
a.m., Wednesday, January 7; that following the prayer and pledge, the 
Journal of proceedings be approved to date, the morning hour be deemed 
expired, the time for the two leaders be reserved for their use later 
in the day, and there then be a period for the transaction of morning 
business, with Senators permitted to speak for up to 10 minutes each, 
and that the Senate recess from 12:30 p.m. until 2:15 p.m. to 
accommodate the weekly Democratic caucus lunch.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                 ADJOURNMENT UNTIL 11:30 A.M. TOMORROW

  Mr. WHITEHOUSE. Mr. President, if there is no further business to 
come before the Senate, I ask unanimous consent that it stand adjourned 
under the previous order in honor of the late Senator Claiborne de 
Borda Pell of Rhode Island under S. Res. 8.
  There being no objection, the Senate, at 7:45 p.m., adjourned until 
Wednesday, January 7, 2009, at 11:30 a.m.





[[Page 196]]

                          EXTENSIONS OF REMARKS
                          ____________________


            RECOGNIZING BERTHA LEWIS OF BROOKSVILLE, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
honor Bertha Lewis of Hernando County, Florida. Bertha has done 
something that all of us strive to do, but that very few of us will 
ever accomplish, celebrate her 102nd birthday.
  Bertha Lewis was born October 19, 1906 in Georgia. Following school 
in Cuthbert, GA, Bertha went to work as a seamstress. After marrying 
her sweetheart, Lovorge Lewis, the happy couple had one daughter. The 
proudest moments in Bertha's life were getting married and having a 
child.
  Thinking back on her long life, Bertha said her fondest childhood 
memories are of going to church and Bible study. When asked what gives 
her the most pleasure now in life today, Bertha said she thanks God 
that she is alive.
  Madam Speaker, I ask that you join me in honoring Bertha Lewis for 
reaching her 102nd birthday. I hope we all have the good fortune to 
live as long as she has.

                          ____________________




           FIGHTING IDENTITY THEFT AND DEFENDING THE HOMELAND

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KIRK. Madam Speaker, according to a 2005 GAO study, employers 
reported the use of 1.4 million Social Security numbers that did not 
exist. Nearly 1.7 million numbers had been used by multiple 
individuals, sometimes as many as 500 times for the same Social 
Security number. In my district, the Waukegan police find that at least 
20 fake Social Security cards are found by law enforcement every week.
  Now, upgrading the Social Security card should be common sense. It's 
about seniors. It's about identity theft. It's about illegal 
immigration. And it's about keeping Americans safe.
  When we look at today's Social Security card, we find a 1930s design. 
It lacks a picture. It lacks a bar code. It lacks a magnetic strip. It 
poses almost no barrier to the thousands of counterfeiters that make 
false Social Security cards.
  Today, along with my colleague from Illinois Peter Roskam, I have 
introduced legislation to finally give Americans the choice between the 
old 1930s design Social Security card and the new secure Social 
Security card. This card offers enhanced protections across the board. 
It would replace that flimsy and easily counterfeitable Social Security 
card with a 21st century identity document that gives seniors real 
protection. Our legislation and this design is based on the 
Government's common access card. Already the U.S. Government has issued 
10 million of these cards, and its protections, in our judgment, we 
believe, should be offered to people in the 21st century against Social 
Security card counterfeiters.
  We think this legislation is important to propose a significant 
barrier to those who would counterfeit Social Security cards, to help 
seniors in fighting identity theft, and to make sure that a person who 
has that number and this card is really who they say it is.
  We saw on September 11 that 18 of 19 hijackers had valid U.S. IDs 
during their crime of the century. I think it's time to make sure that 
at least the Social Security card has the 21st century protections that 
we can offer to make sure that we protect seniors, to make sure that we 
protect all Americans, and to protect the Social Security system. 
That's why we think that this legislation to create these secure Social 
Security cards is an idea whose time has come.

                          ____________________




 INTRODUCING THE SOCIAL SECURITY BENEFICIARY TAX REDUCTION ACT AND THE 
                  SENIOR CITIZENS' TAX ELIMINATION ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. PAUL. Madam Speaker, today I am pleased to introduce two pieces 
of legislation to reduce taxes on senior citizens. The first bill, the 
Social Security Beneficiary Tax Reduction Act, repeals the 1993 tax 
increase on Social Security benefits. Repealing this increase on Social 
Security benefits is a good first step toward reducing the burden 
imposed by the federal government on senior citizens. However, imposing 
any tax on Social Security benefits is unfair and illogical. This is 
why I am also introducing the Senior Citizens' Tax Elimination Act, 
which repeals all taxes on Social Security benefits.
  Since Social Security benefits are financed with tax dollars, taxing 
these benefits is yet another example of double taxation. Furthermore, 
``taxing'' benefits paid by the government is merely an accounting 
trick, a shell game which allows members of Congress to reduce benefits 
by subterfuge. This allows Congress to continue using the Social 
Security trust fund as a means of financing other government programs, 
and masks the true size of the federal deficit.
  Instead of imposing ridiculous taxes on senior citizens, Congress 
should ensure the integrity of the Social Security trust fund by ending 
the practice of using trust fund monies for other programs. This is why 
I am also introducing the Social Security Preservation Act, which 
ensures that all money in the Social Security trust fund is spent 
solely on Social Security. At a time when Congress' inability to 
control spending continues to threaten the Social Security trust fund, 
the need for this legislation has never been greater. When the 
government taxes Americans to fund Social Security, it promises the 
American people that the money will be there for them when they retire. 
Congress has a moral obligation to keep that promise.
  In conclusion, Madam Speaker, I urge my colleagues to help free 
senior citizens from oppressive taxation by supporting my Senior 
Citizens' Tax Elimination Act and my Social Security Beneficiary Tax 
Reduction Act. I also urge my colleagues to ensure that moneys from the 
Social Security trust fund are used solely for Social Security benefits 
and not wasted on frivolous government programs.

                          ____________________




                              JOE RINEHART

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GRAVES. Madam Speaker, it is with great pride and pleasure that I 
rise today to recognize the outstanding service and leadership of Joe 
Rinehart on the occasion of his retirement after more than 37 years of 
service to Chillicothe, Missouri, as Fire Chief, Disaster Director and 
head of Department of Emergency Services.
  Joe began his career as a firefighter in 1972, and rose to Fire Chief 
in 1979. Fourteen mayors have served during his tenure, but he has 
consistently been there to oversee numerous personnel and to put the 
safety of the citizens of Chillicothe, Missouri, before himself. -Chief 
Rinehart has also been instrumental in assisting in many projects over 
the years. During his years of service, he has modernized the fire 
department, overseen the move to its current location, helped form the 
Livingston County Ambulance District and provided the leadership to 
help pass the capital improvement sales tax.
  Madam Speaker, I ask my colleagues to join with me in commending 
Chief Joe Rinehart for his dedicated service to ensuring the safety of 
the people of Chillicothe, Missouri. I know Joe's colleagues, family 
and friends join with me in thanking him for his commitment to others 
and wishing him happiness and good health in his retirement.

[[Page 197]]



                          ____________________




                       TRIBUTE TO DAVID S. BLIDEN

                                 ______
                                 

                     HON. C.A. DUTCH RUPPERSBERGER

                              of maryland

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. RUPPERSBERGER. Madam Speaker, I rise before you today to honor 
David S. Bliden upon his retirement from the position of Executive 
Director of the Maryland Association of Counties (MACo).
  Mr. Bliden holds a bachelors degree in economics from the University 
of Maryland, College Park, and after earning a law degree from the 
University of Maryland School of Law in 1973, began his career in 
government as a legal intern at the State's Attorney's office in Prince 
George's County. By 1974, Dave was an Associate County Attorney, 
serving as a liaison to the Maryland Association of County Civil 
Attorneys. Serving as Deputy County Attorney in the Office of Law for 
Anne Arundel County from 1984-1991, Dave served as the County 
Executive's liaison to the General Assembly, Governor's staff, and the 
Maryland Association of Counties.
  In 1991, Mr. Bliden was appointed Executive Director of the Maryland 
Association of Counties. As executive director, Dave managed the trade 
association which represents Maryland's twenty-four political 
subdivisions. He has served as MACo's primary representative to the 
Maryland General Assembly, the Governor's office, and the Local 
Government Insurance Trust. Throughout his tenure, he was a proactive 
communicator and was always conversant in emerging trends with local 
issues.
  Dave's willingness to look at each county in Maryland individually, 
as well as part of one great state provided the backbone for Maryland's 
continued success. Although times are tough today in Maryland, they 
could be considerably worse were it not for the talents, 
persuasiveness, and dedication of Dave Bliden.
  Madam Speaker, I ask that you join with me today to honor David S. 
Bliden in his retirement from the position of Executive Director of the 
Maryland Association of Counties. His legacy as a brilliant and 
competent director will be forever remembered in his service to one of 
Maryland's largest associations. It is with great pride that I 
congratulate Dave Bliden on his exemplary legal career and his 
outstanding leadership at MACo.

                          ____________________




                     IN HONOR OF MICHELLE L. SMITH

                                 ______
                                 

                         HON. MICHAEL N. CASTLE

                              of delaware

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. CASTLE. Madam Speaker, I rise today to recognize and pay tribute 
to the late Michelle L. Smith. On Monday morning, December 22nd, the 
Delaware City Fire Company was informed of the tragic loss of 
Firefighter Michelle L. Smith, who succumbed to the traumatic injuries 
she sustained on December 20th. Michelle was assisting with the care of 
a critically injured motorcyclist at the scene of an accident on DuPont 
Highway when she was hit by a passing car. This is the first death in 
the line of duty for the Delaware City Fire Company in its 121-year 
history.
  Michelle L. Smith has served the Delaware City Fire Company and the 
Delaware City Ladies Auxiliary for over five years, holding the 
position of Secretary with the Ladies Auxiliary. She also served with 
the Volunteer Hose Company of Middletown, DE.
  Michelle will be greatly missed by her family, friends, and 
coworkers. She exemplified the honor and dedication that all 
firefighters throughout Delaware and across the United States strive 
for on a daily basis. The President of Delaware City Fire Company, 
Wally Poppe stated that, ``Firefighter Smith typified Delaware City 
Fire Company as a firefighter and as a member of the Ladies Auxiliary. 
She took great pride in her numerous contributions, including emergency 
response, fire prevention and community awareness.''
  Michelle L. Smith will be greatly missed and her heroism, dedication, 
and selflessness will serve as an inspiration to all those who knew 
her.

                          ____________________




                         HONORING MILES HOCHARD

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Miles Hochard 
of Weston, Missouri. Miles is a very special young man who has 
exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 1249, and 
earning the most prestigious award of Eagle Scout.
  Miles has been very active with his troop, participating in many 
Scout activities. Over the many years Miles has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Miles 
Hochard for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




                      TRIBUTE TO TEAM LETTERKENNY

                                 ______
                                 

                           HON. BILL SHUSTER

                            of pennsylvania

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. SHUSTER. Madam Speaker, I rise today to salute the service of a 
distinguished group of American citizens. This dedicated group has 
worked for many years to enhance the military value of Letterkenny Army 
Depot and sustain the installation's work to increase support to our 
military. Each of these individuals has professionally served our 
Nation with great distinction.
  Mike Ross has aggressively led Team Letterkenny from the start. Mike 
has sacrificed countless days, night and weekends to ensure that 
Letterkenny projects move forward and Letterkenny is prepared to meet 
worldwide military priorities. Mike has led numerous team visits to 
Washington and Harrisburg to ensure that we understand the importance 
of Letterkenny and support their initiatives. Mike has also focused his 
Franklin County Area Development staff to work countless individual 
projects to modernize, expand and promote the depot. Mike Ross's 
professional leadership and hard work have significantly increased the 
military value of Letterkenny Army Depot and dramatically increased 
community understanding and support for Letterkenny.
  Dave Sciamanna and Commissioner Robert Thomas serve as co-chairs of 
the local component of Team Letterkenny. Dave is also President of the 
Greater Chambersburg Chamber of Commerce and Bob is the President of 
the Franklin County Commissioners. These dedicated community leaders 
have many high priority community responsibilities, but they always 
find time to work on initiatives to support Letterkenny's military 
mission. Dave and Bob are instrumental in marketing Letterkenny's 
capability, and they aggressively partner with Letterkenny to show 
potential workers the highlights of working at Letterkenny and living 
in Franklin County. Despite their busy schedules, Dave and Bob are 
always ready to adjust their calendars and do whatever is needed to 
support Letterkenny and our military.
  John Gray chairs the depot component of Team Letterkenny. His 
brilliant leadership and professional focus have dramatically increased 
the community's understanding of Letterkenny's importance to our 
military services. He has consistently dedicated countless off-duty 
hours to expanding community support for the depot and raising 
awareness of military contributions to the economy of the State. John 
Gray consistently provides thought provoking ideas and focuses the 
organizational energy on the best way to turn ideas into reality.
  Stacy Gregson and Joe Spielbauer chair the State component of Team 
Letterkenny. They have worked tirelessly to obtain Pennsylvania 
resources to support Team Letterkenny initiatives and they can always 
be counted on to actively support all of the team initiatives. They 
have done an outstanding job educating Commonwealth leaders on the 
importance of Letterkenny to our military and our State.
  I am proud of the work of these fine Americans, and I ask that my 
colleagues join me in honoring this team for their long and honorable 
service to our great Nation.

                          ____________________




                     INTERNATIONAL HUMAN RIGHTS DAY

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. WOLF. Madam Speaker, I share with our colleagues moving remarks 
that 19-year-old Ti-Anna Wang, a U.S. citizen, delivered at a press 
conference on the occasion of International Human Rights Day.
  She had recently returned from China where she visited her father, 
Dr. Wang Bingzhang, who is serving a life sentence in a Chinese

[[Page 198]]

prison for his pro-democracy activities. His ordeal bears the markings 
of so many Chinese dissidents who have been robbed of their freedom and 
endured severe hardship at the hands of their captors.
  One thing we learned from President Ronald Reagan in his dealings 
with the Soviet Union is that it both inspires hope in the oppressed 
and shames the oppressors when we raise the individual cases of 
political and religious prisoners, like Dr. Wang.

       I would like to start by thanking everyone here, on behalf 
     of my family, for taking the time to come to this event. 
     Since I started my work in DC, I've been lucky enough to be 
     surrounded by supportive, generous and kind people who are 
     genuinely concerned about my father's case. I want to take 
     this opportunity to thank everyone who has been involved in 
     his fight for freedom. More specifically, I would like to 
     thank Dr. Yang, Congressman Wolf, Congressman Smith, 
     Congresswoman Ros-Lehtinen and Senator Feinstein for their 
     recent work on my father's case. It is the compassion of 
     everyone here that gives my family hope and reason to believe 
     that the unlikely is possible.
       I'm here today to tell you about my recent visit with my 
     father just two weeks ago. To give a little background, my 
     father's sentence allows for only one visit a month. Each of 
     these visits last about 30 minutes. The standard procedure is 
     that my family receives a visitation notice in the mail that 
     lets us know the date of the visit. As my whole family lives 
     in North America, we usually have a very short amount of time 
     to make the necessary travel arrangements for a long trip to 
     China. Once there, we have to go through a lengthy 
     authorization process before we are allowed to see him. For 
     my latest visit, I had some difficulties getting my visa as 
     scheduled, and didn't have the proper paperwork, which added 
     a lot of additional stress to this already difficult process. 
     The visit takes place in a bare concrete building that 
     borders the gate of his remote prison, several miles away 
     from the closest city. It is so secluded that we have to be 
     driven there by the prison officials, as some of the terrain 
     in that area has yet to be paved. Right before we can meet, 
     the prison authorities reminds us of the rules and 
     regulations, which include only speaking in Chinese, and 
     staying away from topics that will cause my father anxiety. 
     These visits are conducted in visitation booths and are 
     monitored by four prison officials, two standing behind the 
     each of us. Separated by metal bars and two layers of plexi-
     glass, my father and I can only communicate using a 
     telephone.
       I was very nervous about seeing my father this time. It had 
     been over a year since my last visit, and my family had lost 
     contact with him for 2 months without any clear explanations 
     from the prison, so I was worried about the state that my 
     father was in. I was so relieved when I was finally able to 
     see him, cheerful enough to smile. My first concern was his 
     health. My father said that while he is stable, his chronic 
     allergies and sever phlebitis continues to plague him. We 
     talked mostly about my family, my educational future and the 
     work that we are doing on his behalf. As we spoke, it was 
     clear to me that my father's untreated depression and 
     psychological health continues to worsen. He had difficulty 
     making steady eye contact and sometimes repeated the same 
     sentences several times. The prison officials monitoring our 
     conversation were kind enough to allot us an extra 10 
     minutes.
       My father wanted me to let everyone know that he is 
     eternally grateful for all the work that has been done on his 
     behalf and that he remains hopeful that justice will prevail. 
     As our conversation came to an end, my father began to cry. 
     He said the thought of never seeing his ailing 87-year-old 
     mother again often brings him to tears and that his only wish 
     is that they will be reunited before it's too late.
       It has now been over 6 years that my father, now almost 62 
     years old, lingers alone in prison. I come here today in 
     hopes of conveying the message that my father's situation has 
     become evermore critical and his time is running out. This is 
     my third time I've visited my father, and it is obvious that 
     both his physical and mental health is deteriorating. He has 
     aged so much in the last few years, and his depression is 
     becoming dangerously severe. The prison authorities have told 
     my family that my father's only chance of receiving medical 
     parole is if he admit guilt to the charges of ``terrorism'' 
     and ``espionage''. . .but I know that my father would never, 
     nor does my family want him to confess to claims that are not 
     only false, but that will comprise his dignity and values.
       As we commemorate the 60th Anniversary of the Universal 
     Declaration of Human Rights, I just want to remind everyone 
     that it is because of my father's unwavering commitment to 
     this cause that he is being so unjustly punished today. As 
     the founder of the Chinese overseas pro-democracy movement, 
     there was nothing harder that my father fought for than the 
     values of human rights, freedom and democracy for the people 
     of his homeland. His contribution to his beliefs has now cost 
     him 6 years of solitary confinement, and possibly his life if 
     we do not continue to fight for his freedom.
       So I would like to close today by asking the present and 
     new administration to call for my father's immediate release 
     on medical and humanitarian grounds.
       I also invite everyone here, along with your friends and 
     family to visit www.initiativesforchina.org to sign an online 
     petition addressed to President Hu Jintao, also calling for 
     my father's release. Lastly, I would like to work with 
     congressional leaders toward the goal of obtaining honorary 
     U.S. citizenship for my father as recognition of his lifelong 
     service to democracy and as a statement of America's 
     recommitment to making human rights a priority in its agenda. 
     On behalf of my family, I would like to thank everyone here 
     for coming and for your sincere concern for my father.

                          ____________________




          INTRODUCTION OF THE SOCIAL SECURITY PRESERVATION ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. PAUL. Madam Speaker, I rise to protect the integrity of the 
Social Security trust fund by introducing the Social Security 
Preservation Act. The Social Security Preservation Act is a rather 
simple bill which states that all moneys raised by the Social Security 
trust fund will be spent in payments to beneficiaries, with excess 
receipts invested in interest-bearing certificates of deposit. This 
will help keep Social Security trust fund moneys from being diverted to 
other programs, as well as allow the fund to grow by providing for 
investment in interest-bearing instruments.
  The Social Security Preservation Act ensures that the government will 
keep its promises to America's seniors that taxes collected for Social 
Security will be used for Social Security. When the government taxes 
Americans to fund Social Security, it promises the American people that 
the money will be there for them when they retire. Congress has a moral 
obligation to keep that promise.
  With federal deficits reaching historic levels, and with new demands 
being made on the U.S. Treasury on an almost weekly basis, the pressure 
from special interests for massive new raids on the trust fund is 
greater than ever. Thus it is vital that Congress act now to protect 
the trust fund from big spending, pork-barrel politics. As a medical 
doctor, I know the first step in treatment is to stop the bleeding, and 
the Social Security Preservation Act stops the bleeding of the Social 
Security trust fund. I therefore call upon all my colleagues, 
regardless of which proposal for long-term Social Security reform they 
support, to stand up for America's seniors by cosponsoring the Social 
Security Preservation Act.

                          ____________________




           HONORING KEARNEY HIGH SCHOOL OF KEARNEY, MISSOURI

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize the 
outstanding achievements of the students, teachers, administrators, 
parents, and patrons of Kearney High School and the Kearney R-1 School 
District. Kearney High School was named a 2008 No Child Left Behind 
Blue Ribbon School of the year.
  Madam Speaker, Kearney R-I School District encompasses 100 square 
miles in northern Clay County and Clinton County. In order for Kearney 
High School to receive such a prestigious national distinction, they 
were required to score in the top 10 percent on the State of Missouri's 
assessment test. I would like to make a special note of Kearney R-I 
School District Superintendent Dr. Chris Belcher, newly retired Kearney 
High School Principal Daryl Rinne, and current Kearney High School 
Principal Randy Wepler for their commitment and leadership to the 
students of Kearney High School.
  Madam Speaker, I ask that you join me in applauding the outstanding 
achievements of Kearney High School. It is an honor to have a high 
school like Kearney in the Sixth Congressional District of Missouri 
that strives for educational excellence. We wish them many more years 
of success.

[[Page 199]]



                          ____________________




INTRODUCING LEGISLATION TO STUDY METHODS OF ERADICATING ASIAN CARP FROM 
                       THE GREAT LAKES ECOSYSTEM

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KIRK. Madam Speaker, I am proud to stand here today to introduce 
legislation which provides for the exploration of methods to eradicate 
the dangerous Asian carp from the Great Lakes.
  Each year, invasive species in the Great Lakes cause more than $5 
billion in economic damage and irreparable harm to an ecosystem that 
provides more than 40 million people with jobs. water, food. and 
recreation. A new invader, the Asian carp, threatens to further destroy 
the region's ecosystem and economy, and it is imperative that we act to 
prevent this catastrophe.
  A single barrier in the Chicago Sanitary and Ship Canal, built as a 
temporary demonstration project 5 years ago, is the only thing 
preventing these invaders from entering Lake Michigan and drastically 
altering the entire region's ecosystem. While Congress recently 
provided full authorization and funding for this critical barrier, it 
may not be enough to prevent the Asian carp from infiltrating the Great 
Lakes and the devastating consequences that would follow.
  It is therefore critical that we also explore alternatives and 
supplements to the carp barrier. My legislation would direct the Fish 
and Wildlife Service in conjunction with the National Atmospheric and 
Oceanic Administration and Great Lakes States to conduct a study on the 
feasibility of a variety of approaches to eradicating Asian carp from 
the Great Lakes. The legislation specifically directs the agencies to 
study the feasibility of temporarily harvesting Asian carp as a means 
to eradicate the invasive species in an environmentally responsible 
manner.
  I urge my colleagues to support this legislation to explore all 
possibilities to effectively eliminate the threat that this dangerous 
species poses to our Nation's most precious natural resource.

                          ____________________




          RECOGNIZING BARBARA KUJAWA OF WEEKI WACHEE, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. GINNY BROWN-WAITE of Florida.  Madam Speaker, I rise today to 
honor Barbara Kujawa of Hernando County, Florida. Barbara will do 
something later this year that all of us strive to do, but that very 
few of us will ever accomplish, celebrate her 100th birthday.
  Barbara was born December 5, 1909 in Ironwood, Michigan. After 
attending schools in Detroit at St. Stanislaus and Resurrection 
schools, Barbara went on to work as an assembly line worker. Happily 
married to Aloysius Kujawa, she had four wonderful children, thirteen 
grandchildren and twenty-one great grandchildren.
  Her proudest moments were seeing all of her children get married and 
the happiest moment was when she gave birth to her daughter. Growing up 
in Michigan, some of her fondest childhood memories are of sledding on 
a big hill in Grand Rapids with her cousins and walking out on the ice 
to see her father ice fish.
  Moving to Hernando County in the 1980's because it was a nice place 
to live, Barbara said the things she likes most about Weeki Wachee are 
that it's peaceful and quiet. Today, reading gives Barbara the most 
pleasure. If she could live her life over, Barbara would not have 
gotten married but would have traveled the world and made sure she had 
gotten a better education. Her advice to young people today is to work 
hard, be honest, don't drink or do drugs, and honor your parents.
  Madam Speaker, I ask that you join me in honoring Barbara Kujawa for 
reaching her 100th birthday. I hope we all have the good fortune to 
live as long as her.

                          ____________________




                   HONORING ALEXANDER THOMAS TRITICO

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Alexander 
Thomas Tritico of Kansas City, Missouri. Alexander is a very special 
young man who has exemplified the finest qualities of citizenship and 
leadership by taking an active part in the Boy Scouts of America, Troop 
1261, and earning the most prestigious award of Eagle Scout.
  Alexander has been very active with his troop, participating in many 
Scout activities. Over the many years Alexander has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Alexander 
Thomas Tritico for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




IN CELEBRATION OF THE LIFE AND SACRIFICE OF SERGEANT PRESTON R. MEDLEY, 
                           UNITED STATES ARMY

                                 ______
                                 

                            HON. JEFF MILLER

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. MILLER of Florida. Madam Speaker, I rise to honor the life of 
Sergeant Preston Medley, United States Army. Sergeant Medley was killed 
in action on October 14, 2008 while serving our nation in Qazi Bandeh, 
Afghanistan, in support of Operation Enduring Freedom. Sergeant Medley 
was assigned to D Company, 1st Battalion, 26th Infantry Regiment, 1st 
Infantry Division, Fort Hood, Texas.
  A 2003 graduate of Baker High School, Preston played football and was 
involved in the broadcasting program. ``He was the energetic, joyful 
kind of person that helped make our program successful,'' one teacher 
said. After his mother passed away in 2005, Preston decided he wanted 
to serve this nation and joined the Army. He will now go to his eternal 
resting place next to his mother in the Pyron Chapel Cemetery in Baker, 
Florida.
  While Preston was serving on active duty at Fort Bragg, North 
Carolina, he met his beautiful wife, Sarah, who was a fellow Soldier. 
Sarah gave birth to their daughter, Raelynn, in September 2007 and gave 
birth to their son, Preston Ray Medley Jr. on December 8, 2008. 
Preston's name, his fighting spirit and his caring soul will continue 
to live on through Raelynn and Preston, Jr.
  I am always reminded of the greatness of our country by the 
patriotism of those like Preston and the dedication of our military 
families like Sarah and the Medley family. We have an all-volunteer 
military and continue to ask our sons and daughters to travel to 
faraway lands to fight for our freedom. Men and women like Preston 
Medley continue to answer the call.
  The people of Northwest Florida have reason to be proud of Sergeant 
Preston Medley for his service and sacrifice for freedom. While his 
passing is a tremendous loss for our country, his selfless service 
stands as a pillar of strength for us all. Vicki and I will keep 
Preston's entire family in our thoughts and prayers. I trust that all 
the people of Northwest Florida and our nation do the same.

                          ____________________




                      THE FAIR AND SIMPLE TAX ACT

                                 ______
                                 

                           HON. DAVID DREIER

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. DREIER. Madam Speaker, virtually everyone is talking about the 
need for us to have a second economic stimulus package. From falling 
home prices to rising unemployment, there is no doubt that the economic 
volatility our nation has experienced over the past few months has 
caused great uncertainty and there are many needs that have to be met. 
As we seek to get our economy back on track, I am very proud to be 
introducing what I think is the closest thing to a panacea to the 
economic growth challenge that we are facing.
  This plan, known as Fair and Simple Tax Act, or simply FAST, would 
cut the number of tax brackets in half, with three simple tax rates--10 
percent on the first $40,000 in income, 15 percent on incomes between 
$40,000 and $150,000 and 30 percent on any income above $150,000, 
significantly reducing the burden on taxpayers at all income levels. 
Furthermore, it will dramatically simplify the tax filing process by 
creating a one-page tax form that implements the three-tier simplified 
marginal rate structure, while retaining many of the popular 
deductions, including mortgage interest, state and local taxes, 
charitable giving, the personal exemption and the child tax credit.
  But the FAST Act is about much more than just lowering marginal tax 
rates for working

[[Page 200]]

families or making that April 15 deadline easier to meet each year. 
It's about getting our economy growing again and creating new 
opportunities. This bill reduces the capital gains rate from 15 percent 
to 10 percent, lowers the top corporate rate from 35 percent to 25 
percent and permanently extends the research and development tax 
credit. These provisions will not only promote new economic growth, but 
they will also make the U.S. economy more competitive and help to 
provide the tax certainty that spurs investment and capital 
improvements.
  The FAST Act will permanently end the death tax and will further 
index the alternative minimum tax (AMT) to inflation, ensuring that 
fewer taxpayers are impacted each year. It also permanently extends the 
2001 and 2003 pro-growth tax cuts.
  Finally, the FAST Act will enable Americans to better prepare for 
their future needs. This legislation creates three new, tax-free 
savings accounts: the Retirement Savings Account and the Lifetime 
Savings Account, both providing a $5,000 tax-free contribution, and the 
Lifetime Skills Savings Account, which provides a $1,000 tax-free 
contribution. Additionally, the FAST Act provides a $7,500 tax 
deduction for individuals and a $15,000 tax deduction for families who 
do not receive employer-sponsored health coverage. This expanded 
deduction will provide individuals and families with additional 
assistance to purchase healthcare and allows unspent funds to be 
allocated to a Health Savings Account (HSA). Each of these provisions 
will help Americans to secure their financial futures by saving for 
healthcare costs, continuing education and retirement.
  Madam Speaker, our nation is facing a severe economic crisis that 
must be addressed comprehensively. I believe that the FAST Act will go 
a long way toward providing the simplicity, fairness and clarity that 
are needed for long-term growth. As we consider economic stimulus 
proposals in the days and weeks ahead, I hope my colleagues will join 
me in pursing this pro-growth reform agenda.

                          ____________________




          20TH ANNIVERSARY OF THE GREATER HOUSTON PARTNERSHIP

                                 ______
                                 

                            HON. KEVIN BRADY

                                of texas

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. BRADY of Texas. Madam Speaker, I rise today to recognize the 20th 
anniversary of the Greater Houston Partnership. I ask my colleagues and 
those visitors in the House Chamber to join me in congratulating the 
Greater Houston Partnership and applauding the many achievements they 
have accomplished over the past 20 years.
  In 1989, the Houston Chamber of Commerce, the Houston Economic 
Development Council and the Houston World Trade Center joined together 
to make the dream of an organization that would be an advocate for the 
business community in the greater Houston area a reality.
  The Greater Houston Partnership has grown into an influential 
organization that now has two thousand member businesses and serves 10 
fast growing counties: Austin, Brazoria, Chambers, Fort Bend, 
Galveston, Harris, Liberty, Montgomery, San Jacinto and Waller.
  The Partnership has had an impressive impact on the region. In the 
last year, 53 percent of all jobs created in the United States were 
created in Texas--and one in four of those were in Houston. This is 
astounding and a testimony to the contributions the Greater Houston 
Partnership has made to cultivate a vibrant business environment. The 
Partnership's efforts are focused on building Houston's prosperity and 
promoting regional economic development. The Partnership is actively 
involved with public policy issues and works with local elected 
officials to ensure the Greater Houston community is well represented 
in areas such as clean air, education and transportation.
  In its two decades of existence there is much to be proud of. It is 
an honor to recognize such an impressive organization. All Americans 
can learn from the collaborative example the Greater Houston 
Partnership continues to display through their leadership and guidance 
to the people and businesses in the Greater Houston community.
  Madam Speaker, today more than ever, we must support the efforts of 
the Greater Houston Partnership and other similar organizations across 
the country. The work they do to help create jobs in our country is 
essential for continued economic growth and stability in the face of 
the global economic changes. I urge you to join me in congratulating 
the Greater Houston Partnership for 20 years of serving as the voice 
for the greater Houston business community.

                          ____________________




        INTRODUCTION OF THE PRESCRIPTION DRUG AFFORDABILITY ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. PAUL. Madam Speaker, I rise to introduce the Prescription Drug 
Affordability Act. This legislation ensures that millions of Americans, 
including seniors, have access to affordable pharmaceutical products. 
My bill makes pharmaceuticals more affordable to seniors by reducing 
their taxes. It also removes needless government barriers to importing 
pharmaceuticals and it protects Internet pharmacies, which are making 
affordable prescription drugs available to millions of Americans, from 
being strangled by federal regulation.
  The first provision of my legislation provides seniors a tax credit 
equal to 80 percent of their prescription drug costs. While Congress 
did add a prescription drug benefit to Medicare in 2003, many seniors 
still have difficulty affording the prescription drugs they need in 
order to maintain an active and healthy lifestyle. One reason is 
because the new program creates a ``doughnut hole,'' where seniors lose 
coverage once their prescription expenses reach a certain amount and 
must pay for their prescriptions above a certain amount out of their 
own pockets until their expenses reach a level where Medicare coverage 
resumes. This tax credit will help seniors cover the expenses provided 
by the doughnut hole. This bill will also help seniors obtain 
prescription medicines that may not be covered by the Medicare 
prescription drug program.
  In addition to making prescription medications more affordable for 
seniors, my bill lowers the price for prescription medicines by 
reducing barriers to the importation of FDA-approved pharmaceuticals. 
Under my bill, anyone wishing to import a drug simply submits an 
application to the FDA, which then must approve the drug unless the FDA 
finds the drug is either not approved for use in the U.S. or is 
adulterated or misbranded. This process will make safe and affordable 
imported medicines affordable to millions of Americans. Madam Speaker, 
letting the free market work is the best means of lowering the cost of 
prescription drugs.
  I need not remind my colleagues that many senior citizens and other 
Americans impacted by the high costs of prescription medicine have 
demanded Congress reduce the barriers which prevent American consumers 
from purchasing imported pharmaceuticals. Congress has responded to 
these demands by repeatedly passing legislation liberalizing the rules 
governing the importation of pharmaceuticals. However, implementation 
of this provision has been blocked by the federal bureaucracy. It is 
time Congress stood up for the American consumer and removed all 
unnecessary regulations on importing pharmaceuticals.
  The Prescription Drug Affordability Act also protects consumers' 
access to affordable medicine by forbidding the Federal Government from 
regulating any Internet sales of FDA-approved pharmaceuticals by state-
licensed pharmacists.
  As I am sure my colleagues are aware, the Internet makes 
pharmaceuticals and other products more affordable and accessible for 
millions of Americans. However, the Federal Government has threatened 
to destroy this option by imposing unnecessary and unconstitutional 
regulations on Web sites that sell pharmaceuticals. Any federal 
regulations would inevitably drive up prices of pharmaceuticals, thus 
depriving many consumers of access to affordable prescription 
medications.
  In conclusion, Madam Speaker, I urge my colleagues to make 
pharmaceuticals more affordable and accessible by lowering taxes on 
senior citizens, removing barriers to the importation of 
pharmaceuticals and protecting legitimate Internet pharmacies from 
needless regulation by cosponsoring the Prescription Drug Affordability 
Act.

                          ____________________




                           BAD POLLUTERS ACT

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KIRK. Madam Speaker, I am pleased to stand here today to 
introduce this bipartisan legislation that will help protect the Great 
Lakes from harmful pollution that poisons our water and closes our 
beaches. The Great Lakes are the world's largest freshwater system and 
serve as a source of drinking water, food, jobs and recreation for more 
than thirty

[[Page 201]]

million Americans. It is critical that we enhance our restoration 
efforts for this critical resource, not degrade the condition of the 
lakes even further.
  In 2007, British Petroleum (BP) threatened to begin a billion-dollar 
expansion of its refinery facility in Whiting, Indiana which would have 
included a large increase of pollution into the Great Lakes. The 
company sought to discharge an increase of 54 percent more ammonia and 
35 percent more sludge into Lake Michigan per day. This would have 
totaled a combined increase of more than 1,800 pounds per day of these 
pollutants which strangle aquatic life and contribute to the increasing 
number of beach closures each year.
  Based on a provision in the Energy Policy Act of 2005, BP was 
eligible for a tax credit that would have allowed them to expense half 
of the capital costs in the first year of the expansion. Essentially, 
the government would have paid the company to pollute our lakes. While 
providing incentives to energy production and refinery expansion helps 
to lower gas prices and reduce our dependence on foreign oil, we must 
not do so at the expense of one of America's most treasured natural 
resources.
  Fortunately, BP yielded to public pressure and chose not to move 
ahead with the expansion as planned. Due to the determination and 
cooperation of federal, state and local officials, environmental 
advocacy organizations and communities around the region, BP is now 
working with a coalition of scientists and small businesses to seek an 
environmentally friendly way to expand its refinery.
  While I applaud BP for making the right decision in the end, we must 
ensure that no refinery ever comes as close to drastically harming our 
precious lakes. That is why I am introducing the Bad Polluters Act, 
which will deny the capital expensing tax credit to any refiner whose 
facility's NPDES permit allows for an increase in any pollutant above 
its 2006 levels into the Great Lakes. This will prevent companies from 
seeking to increase pollution into our drinking water. In order to 
claim this important tax credit, companies will be forced to search a 
bit harder for a new solution to water treatment. I urge my colleagues 
to support this legislation and join in the fight to protect our 
national treasure.

                          ____________________




            RECOGNIZING CARL BLESSER OF BROOKSVILLE, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
honor Carl Blesser of Hernando County, Florida. Carl has done something 
that all of us strive to do, but that very few of us will ever 
accomplish, celebrate his 102nd birthday.
  Carl Blesser was born June 1, 1906, in New York City, New York. 
Attending school in Albany with a degree in accounting, Carl went on to 
be a successful CPA. Marrying his sweetheart Nadine, the two spent many 
happy years together traveling. One of his fondest memories, in fact, 
is of a trip he took with his parents and wife to see the Empire State 
Building, as well as several trips to the American West.
  Carl moved to Hernando County when his wife was ill, and remained 
here following her death. Truly devoted to Nadine, Carl states that his 
happiest moment was when he married his wife. If he could live his life 
over, Carl would travel more and would like to have met President 
Franklin D. Roosevelt.
  A lover of books, Carl loves to go outside and read, and also enjoys 
going to the Golden Corral for his favorite shrimp dinner. Today he 
spends much of his time with his friends and loves to sit outside under 
the trees enjoying the beauty that Brooksville has to offer. His advice 
to young people today is to not smoke or drink so that they can live 
longer and better lives.
  Madam Speaker, I ask that you join me in honoring Carl Blesser for 
reaching his 102nd birthday. I hope we all have the good fortune to 
live as long as him.

                          ____________________




                     HONORING MAXWELL EMORY LANHAM

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Maxwell Emory 
Lanham of Kansas City, Missouri. Maxwell is a very special young man 
who has exemplified the finest qualities of citizenship and leadership 
by taking an active part in the Boy Scouts of America, Troop 1261, and 
earning the most prestigious award of Eagle Scout.
  Maxwell has been very active with his troop, participating in many 
Scout activities. Over the many years Maxwell has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Maxwell 
Emory Lanham for his accomplishments with the Boy Scouts of America and 
for his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




       HONORING MASSACHUSETTS STATE REPRESENTATIVE JOHN A. LEPPER

                                 ______
                                 

                         HON. JAMES P. McGOVERN

                            of massachusetts

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. McGOVERN. Madam Speaker, today I rise in honor of John A. Lepper 
who is retiring after serving 14 years in the Massachusetts Legislature 
as State Representative for the city of Attleboro. I am proud to know 
and to have worked with Representative Lepper and I salute his many 
contributions to the citizens of Attleboro and the Commonwealth of 
Massachusetts.
  Representative Lepper began his career of public service in the 1980s 
as a member of the city of Attleboro Planning Board. He was elected to 
the Attleboro City Council in 1987 where he served for 6 years.
  In 1995 he began his tenure as a member of the Massachusetts State 
Legislature and distinguished himself as a champion for children, 
families, and persons with disabilities. He is highly regarded for his 
work on a commission that championed the rights of grandparents who are 
raising their grandchildren. This issue is especially important to Mr. 
Lepper as he and his wife have devoted many years of their lives 
raising two of their grandchildren.
  In his retirement, Representative Lepper is looking forward to 
staying involved with local politics but plans to take some time to 
relax at first and do some fishing.
  Madam Speaker, I am certain that the entire House of Representatives 
joins me in congratulating State Representative John A. Lepper for all 
that he has accomplished and in wishing him the best in his retirement.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KANJORSKI. Madam Speaker, the American automobile industry faces 
almost certain extinction if this body fails to act at this time. I 
cannot in good conscience allow that to happen. I will therefore vote 
for this legislation today, December 10, 2008, but I do so with some 
reservations.
  Admittedly, the industry has made many missteps over the years. 
Moreover, the many flaws in this bill were probably pre-ordained by the 
expedited legislative procedures--adopted under the guise of an 
``emergency''--by which the congressional leadership chose to craft 
this bill. However, to reject this imperfect solution for an imperfect 
industry solely because it could have been better makes little sense.
  Like my constituents, I am also astonished by the actions of 
overpaid, out of touch executives at these companies. We need to pursue 
further reforms in their compensation. But if we focus today on only 
the few individuals at the top of the companies, we will lose sight of 
the larger reality: Failure to act will cost the jobs of hundreds of 
thousands of average, hardworking Americans. It would also deprive our 
Nation of an industrial sector vital for us to remain an innovative 
global leader and manufacturer in the twenty-first century.
  America needs its own automotive industry. I have always owned 
American cars. I believe in the American workforce, the thousands of 
men and women who make the automobiles on which we rely. They do not 
fly on corporate jets. They certainly do not make millions of dollars. 
We need to help them in their time of need.
  Experts estimate that if the Congress does not provide this initial 
bridge loan and the automakers do fail, 2.5 million jobs will be lost. 
The Big Three employ 240,000 workers, suppliers and dealerships provide 
800,000 jobs, and some 1.4 million jobs are dependent on the auto 
manufacturers. In my congressional

[[Page 202]]

district, some 500 workers at Rieter Automotive in Bloomsburg produce 
carpets for General Motors, and these workers and their families would 
experience undue hardship if we allow the American automotive industry 
to fail.
  Moreover, unemployment numbers released for November indicate this 
country lost 533,000 jobs in that month alone. The current unemployment 
rate sits at 6.7 percent. We simply cannot allow those already 
devastating numbers to swell further.
  In addition, the loss of the industry would result in a sizable drop 
in government revenue, just when annual deficits have run away and our 
national debt soars. Unemployment assistance will skyrocket and 
thousands of American breadwinners will lose their homes and even the 
ability to feed their children. The costs of inaction will therefore be 
catastrophic.
  Surely we all agree that the industry teeters on the precipice of 
disaster. Additionally, most agree that the global economic crisis 
bears a good deal of blame for the automakers' collective misfortune. 
Importantly, the industry has appropriately conceded that they deserve 
a large share of blame. They were reluctant to diversify their fleets 
of cars to suit demand and to inoculate themselves against market 
volatility in the price of oil.
  Earlier this year, consumers quickly lost their taste for large sport 
utility vehicles in favor of small, fuel-efficient cars as automakers 
for too long ignored this shift. The automakers failed to trim costs 
appropriately. They retained too many unnecessary white collar jobs. As 
we all now know, they infamously provided private jets to transport 
executives across the country, all the while paying those very 
executives $20 million-plus pay packages.
  Over the last few years, the automakers have come to recognize the 
urgency of their plight by engaging in substantive changes in their 
corporate structures. They have now presented long-term viability plans 
to the Congress, and they seem intent on getting the job done. This 
bill--if its oversight provisions are dutifully carried out by the 
Executive Branch--attempts to ensure that the necessary transformations 
occur. As a start, the automakers have expressed that wide-scale 
restructuring has already begun, and at considerable cost.
  This bill contains many thoughtful conditions. Executive compensation 
limits, taxpayer warrants, and a czar-like overseer are among the 
principles necessary for us to extend Federal assistance. This 
legislation, however, could have been better, tougher, and as a result 
more likely to succeed, if we had taken the time to get it right. I 
remain concerned that American taxpayer money could be used in a way 
that might outsource American jobs because the Congress did not include 
a specific prohibition preventing such an action.
  So, I question whether the oversight of the disbursement and 
allocation of all government funds is sufficiently strong. As for 
executive compensation, even though the CEOs have agreed to annual $1 
salaries, the Big Three could have been forced to pay their top 20 
executives no more than their leaner, more-profitable foreign 
counterparts are paid.
  Furthermore, we failed to establish what will occur in the event of a 
disaster scenario, in which the companies burn through this money and 
the hoped for results are not attained. We made some progress in 
planning for contingencies, but we should have done more. We could have 
created in legislation a structured bankruptcy system for the 
automakers.
  We could have also relied more on the 1979 Chrysler bailout law for 
insight and guidance. That plan included a ``certainty of success'' 
formula and required more frequent reporting. Unfortunately, this 
precedent received far less attention than it deserved. Finally, I 
believe that we ought to have considered a buy-in incentive program, 
whereby Americans would hold a vested interest in the success of these 
companies.
  Unfortunately, these and countless other potential provisions never 
saw the light of day because the Congress succumbed to the idea that 
emergencies, however real, preclude us from operating under regular 
order. The two are not mutually exclusive. I concede that the American 
automakers need money, and fast.
  But, in the three weeks it took the companies to produce at least 
reasonable viability proposals, the Congress could have considered 
numerous drafts of bills, could have held additional hearings, and 
could have marked up legislation. In addition to producing a better 
legislative product, each of those activities probably would have built 
a stronger consensus and lessened partisan discord. Going forward into 
the 111th Congress, it is my sincere hope that the Congress will return 
to regular order so that we produce better laws and establish a more 
collegial, deliberative body.
  That said, voting against this bill today simply was not an option. 
The industry might well have vanished in a matter of weeks, 
unemployment would have skyrocketed, and the economy would have sunk 
deeper. Let us hope that the money is allocated wisely, that the 
executives act prudently, that all stakeholders make some sacrifices, 
and that long-term viability is pursued tirelessly.

                          ____________________




           INTRODUCTION OF THE IDENTITY THEFT PREVENTION ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. PAUL. Madam Speaker, today I introduce the Identity Theft 
Prevention Act. This act protects the American people from government-
mandated uniform identifiers that facilitate private crime as well as 
the abuse of liberty. The major provision of the Identity Theft 
Prevention Act halts the practice of using the Social Security number 
as an identifier by requiring the Social Security Administration to 
issue all Americans new Social Security numbers within 5 years after 
the enactment of the bill. These new numbers will be the sole legal 
property of the recipient, and the Social Security Administration shall 
be forbidden to divulge the numbers for any purposes not related to 
Social Security Administration. Social Security numbers issued before 
implementation of this bill shall no longer be considered valid federal 
identifiers. Of course, the Social Security Administration shall be 
able to use an individual's original Social Security number to ensure 
efficient administration of the Social Security system.
  Madam Speaker, Congress has a moral responsibility to address this 
problem because it was Congress that transformed the Social Security 
number into a national identifier. Thanks to Congress, today no 
American can get a job, open a bank account, get a professional 
license, or even get a driver's license without presenting his Social 
Security number. So widespread has the use of the Social Security 
number become that a member of my staff had to produce a Social 
Security number in order to get a fishing license!
  One of the most disturbing abuses of the Social Security number is 
the congressionally-authorized rule forcing parents to get a Social 
Security number for their newborn children in order to claim the 
children as dependents. Forcing parents to register their children with 
the state is more like something out of the nightmares of George Orwell 
than the dreams of a free republic that inspired this Nation's 
founders.
  Congressionally-mandated use of the Social Security number as an 
identifier facilitates the horrendous crime of identity theft. Thanks 
to Congress, an unscrupulous person may simply obtain someone's Social 
Security number in order to access that person's bank accounts, credit 
cards, and other financial assets. Many Americans have lost their life 
savings and had their credit destroyed as a result of identity theft. 
Yet the federal government continues to encourage such crimes by 
mandating use of the Social Security number as a uniform ID!
  This act also forbids the federal government from creating national 
ID cards or establishing any identifiers for the purpose of 
investigating, monitoring, overseeing, or regulating private 
transactions among American citizens. In 2005, this body established a 
de facto national ID card with a provisions buried in the 
``intelligence'' reform bill mandating federal standards for drivers' 
licenses, and mandating that federal agents only accept a license that 
conforms to these standards as a valid ID.
  Nationalizing standards for drivers' licenses and birth certificates 
creates a national ID system pure and simple. Proponents of this scheme 
claim they are merely creating new standards for existing State IDs. 
However, imposing federal standards in a federal bill creates a 
federalized ID regardless of whether the ID itself is still stamped 
with the name of your State.
  The national ID will be used to track the movements of American 
citizens, not just terrorists. Subjecting every citizen to surveillance 
diverts resources away from tracking and apprehending terrorists in 
favor of needless snooping on innocent Americans. This is what happened 
with ``suspicious activity reports'' required by the Bank Secrecy Act. 
Thanks to BSA mandates, federal officials are forced to waste countless 
hours snooping through the private financial transactions of innocent 
Americans merely because those transactions exceeded $10,000.
  Turning State-issued drivers licenses into federally controlled 
national ID cards is yet another federal usurpation of State authority 
and another costly unfunded mandate imposed on

[[Page 203]]

the States. According to a report issued by the National Conference of 
State Legislators, turning drivers licenses into national ID cards will 
cost the States more than $11 billion.
  Madam Speaker, no wonder there is a groundswell of opposition to this 
mandate. Several State legislatures have even passed laws forbidding 
their States from complying with this mandate! The Identity Theft 
Prevention Act not only repeals those sections of the federal law 
creating a national ID, it forbids the federal government from using 
federal funds to blackmail States into adopting uniform federal 
identifiers. Passing the Identity Theft Prevention Act is thus an 
excellent way for this Congress to show renewed commitment to 
federalism and opposition to imposing unfunded mandates on the States.
  This legislation not only repeals those sections of federal law 
creating the national ID, it also repeals those sections of the Health 
Insurance Portability and Accountability Act of 1996 that require the 
Department of Health and Human Services to establish a uniform standard 
health identifier--an identifier which could be used to create a 
national database containing the medical history of all Americans. As 
an OB/GYN with more than 30 years in private practice, I know the 
importance of preserving the sanctity of the physician-patient 
relationship. Oftentimes, effective treatment depends on a patient's 
ability to place absolute trust in his or her doctor. What will happen 
to that trust when patients know that any and all information given to 
their doctors will be placed in a government accessible database?
  By putting an end to government-mandated uniform IDs, the Identity 
Theft Prevention Act will prevent millions of Americans from having 
their liberty, property, and privacy violated by private and public 
sector criminals.
  Some members of Congress will claim that the federal government needs 
the power to monitor Americans in order to allow the government to 
operate more efficiently. I would remind my colleagues that, in a 
constitutional republic, the people are never asked to sacrifice their 
liberties to make the jobs of government officials easier. We are here 
to protect the freedom of the American people, not to make privacy 
invasion more efficient.
  Madam Speaker, while I do not question the sincerity of those members 
who suggest that Congress can ensure that citizens' rights are 
protected through legislation restricting access to personal 
information, the only effective privacy protection is to forbid the 
federal government from mandating national identifiers. Legislative 
``privacy protections'' are inadequate to protect the liberty of 
Americans for a couple of reasons.
  First, it is simply common sense that repealing those federal laws 
that promote identity theft is more effective in protecting the public 
than expanding the power of the federal police force. Federal 
punishment of identity thieves provides cold comfort to those who have 
suffered financial losses and the destruction of their good reputations 
as a result of identity theft.
  Federal laws are not only ineffective in stopping, private criminals, 
but these laws have not even stopped unscrupulous government officials 
from accessing personal information. After all, laws purporting to 
restrict the use of personal information did not stop the well-
publicized violations of privacy by IRS officials or the FBI abuses of 
the Clinton and Nixon administrations.
  In one of the most infamous cases of identity theft, thousands of 
active-duty soldiers and veterans had their personal information 
stolen, putting them at risk of identity theft. Imagine the dangers if 
thieves are able to obtain the universal identifier, and other personal 
information, of millions of Americans simply by breaking, or hacking, 
into one government facility or one government database?
  Second, the federal government has been creating proprietary 
interests in private information for certain state-favored special 
interests. Perhaps the most outrageous example of phony privacy 
protection is the ``medical privacy''' regulation, that allows medical 
researchers, certain business interests, and law enforcement officials 
access to health care information, in complete disregard of the Fifth 
Amendment and the wishes of individual patients! Obviously, ``privacy 
protection'' laws have proven greatly inadequate to protect personal 
information when the government is the one seeking the information.
  Any action short of repealing laws authorizing privacy violations is 
insufficient primarily because the federal government lacks 
constitutional authority to force citizens to adopt a universal 
identifier for health care, employment, or any other reason. Any 
federal action that oversteps constitutional limitations violates 
liberty because it ratifies the principle that the federal government, 
not the Constitution, is the ultimate judge of its own jurisdiction 
over the people. The only effective protection of the rights of 
citizens is for Congress to follow Thomas Jefferson's advice and ``bind 
(the federal government) down with the chains of the Constitution.''
  Madam Speaker, those members who are not persuaded by the moral and 
constitutional reasons for embracing the Identity Theft Prevention Act 
should consider the American people's opposition to national 
identifiers. The numerous complaints over the ever-growing uses of the 
Social Security number show that Americans want Congress to stop 
invading their privacy. Furthermore, according to a survey by the 
Gallup company, 91 percent of the American people oppose forcing 
Americans to obtain a universal health ID.
  In conclusion, Madam Speaker, I once again call on my colleagues to 
join me in putting an end to the federal government's unconstitutional 
use of national identifiers to monitor the actions of private citizens. 
National identifiers threaten all Americans by exposing them to the 
threat of identity theft by private criminals and abuse of their 
liberties by public criminals, while diverting valuable law enforcement 
resources away from addressing real threats to public safety. In 
addition, national identifiers are incompatible with a limited, 
constitutional government. I, therefore, hope my colleagues will join 
my efforts to protect the freedom of their constituents by supporting 
the Identity Theft Prevention Act.

                          ____________________




                    HONORING BRIAN MICHAEL BIRCHLER

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Brian Michael 
Birchler of Kansas City, Missouri. Brian is a very special young man 
who has exemplified the finest qualities of citizenship and leadership 
by taking an active part in the Boy Scouts of America, Troop 1261, and 
earning the most prestigious award of Eagle Scout.
  Brian has been very active with his troop, participating in many 
Scout activities. Over the many years Brian has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Brian 
Michael Birchler for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




  TO REAUTHORIZE THE TROPICAL FOREST CONSERVATION ACT AND EXPAND THE 
PROGRAM TO INCLUDE THE CONSERVATION OF ALL FORESTS AND CORAL REEFS AND 
                  ASSOCIATED COASTAL MARINE RESOURCES

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KIRK. Madam Speaker, today I introduce a bill to reauthorize and 
expand Rob Portman's landmark legislation, the Tropical Forest 
Conservation Act. This reauthorization will help developing countries 
reduce foreign debt and provide comprehensive environmental 
preservation programs to protect forests and endangered marine habitats 
around the world.
  Since enacted in 1998, Tropical Forest Conservation Act programs have 
generated more than $162 million over 10 to 25 years to help conserve 
50 million acres of tropical forests in Asia, the Caribbean, Central 
and South America. But the rate of deforestation continues to 
accelerate across the globe in all types of forests.
  Similarly alarming is the rapid rate of coral reef and coastal 
exploitation. The burden of foreign debt falls especially hard on the 
smallest of nations, such as island nations in the Caribbean and 
Pacific. With few natural resources, these nations often resort to 
harvesting or otherwise exploiting coral reefs and other marine 
habitats to earn hard currency to service foreign debt. According to 
the National Oceanic and Atmospheric Administration, 60 percent of the 
world's coral reefs may be destroyed by the year 2050 if the present 
rate of destruction continues.
  The Forest and Coral Conservation Act will credit qualified 
developing nations for each dollar spent on a comprehensive reef 
preservation or management program designed to

[[Page 204]]

protect these unique ecosystems from degradation. This legislation will 
make available resources for environmental stewardship that would 
otherwise be of the lowest priority in a developing country. It will 
reduce debt by investing locally in programs that will strengthen 
indigenous economies by creating long-term management policies that 
will preserve the natural resources upon which local commerce is based.
  This legislation has enormous consequences for the existence of 
critical ecosystems, the health of our planet and the livelihoods of 
millions of people across the globe. I am proud to introduce the Forest 
and Coral Conservation Act with Representative Alcee Hastings (D-FL), 
which will help preserve the world's most precious natural resources.

                          ____________________




         RECOGNIZING CONNIE PASQUALINO OF SPRING HILL, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
honor Connie Pasqualino of Hernando County, Florida. Connie will do 
something later this year that all of us strive to do, but that very 
few of us will ever accomplish, celebrate her 100th birthday.
  Connie Pasqualino was born June 28, 1909 in Brooklyn, New York. While 
she was never married and has no children, Connie did make a career in 
advertising, attending the Pratt Institute of Design in Brooklyn. In 
fact, Connie said her proudest moment was the day she graduated from 
school. Following school she went on to work at BBD and O Advertising 
Company. While she did not pursue a career in design, if she had it all 
to do over again she would have spent her career as a fashion designer.
  As someone who lived in New York for many years, Connie remembers 
going to see the Pope perform Mass at Shea Stadium. She said that it 
was raining before he came onto the stage and as he came to the stage, 
the rain stopped and the sun shined brightly. She described it as a 
little miracle.
  Although she has never met her, Mother Teresa is Connie's second 
cousin. Once, Connie and her family were going to visit Mother Teresa 
in New Jersey when she was visiting relatives there, but there was a 
blizzard and they had to cancel their trip.
  Moving with her sister Nancy to Hernando County in 1990, Connie said 
she made the switch because of the great Florida weather. She and Nancy 
also lived with their sister Margaret, who was ill and needed extra 
care, and her nephew Joseph.
  Today Connie lives in Hernando County near her centenarian sister, 
Nancy. She gets the most pleasure out of taking care of and playing 
with her pet Quaker parrot, named Jade. Connie's advice to young people 
is to listen to their parents' advice and get a good education.
  Madam Speaker, I ask that you join me in honoring Connie Pasqualino 
for reaching her 100th birthday. I hope we all have the good fortune to 
live as long as her.

                          ____________________




    HONORING JEFFERSON HIGH SCHOOL OF CONCEPTION JUNCTION, MISSOURI

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize the 
outstanding achievements of the students, teachers, administrators, 
parents, and patrons of Jefferson High School and the Jefferson C-123 
School District. Jefferson High School was named a 2008 No Child Left 
Behind Blue Ribbon School of the year.
  Madam Speaker, in order for Jefferson High School to receive such a 
prestigious national distinction, they were required to score in the 
top 10 percent on the State of Missouri's assessment test. I would like 
to make a special note of Jefferson C-123 School District 
Superintendent Rob P. Dowis and Jefferson High School Principal Tim R. 
Jermain for their commitment and leadership to the students of 
Jefferson High School.
  Madam Speaker, I ask that you join me in applauding the outstanding 
achievements of Jefferson High School. It is an honor to have a high 
school like Jefferson in the Sixth Congressional District of Missouri 
that strives for educational excellence. We wish them many more years 
of success.

                          ____________________




                           SITUATION IN GAZA

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. SCHIFF. Madam Speaker, the State of Israel has a right to defend 
its territory and its people from attack, whether that attack emanates 
from another sovereign nation, or, as in this case, from a terrorist 
organization that seized control of Gaza in a bloody putsch 18 months 
ago.
  Hamas clearly chose to escalate its conflict against Israel by 
unilaterally declaring an end to the ceasefire that was implemented 
last June and launching a large-scale rocket attack on Israeli 
population centers. The Israeli government exercised great forbearance 
in the weeks prior to the formal breakdown of the ceasefire, which 
Hamas was already violating repeatedly, and had the international 
community more strongly condemned these attacks and taken action to 
stop them, the current Israeli offensive may have been unnecessary. 
But, Hamas bears ultimate responsibility for provoking this attack and 
for putting 1.5 million Palestinians in harm's way--a fact that Arab 
leaders from Egypt to Saudi Arabia have noted.
  Along with millions of Americans, I grieve the terrible loss of life 
of innocent Israelis and Palestinians. Hamas's decision to fire rockets 
from populated areas and Israeli strikes on those targets have resulted 
in many civilian casualties, and our hearts go out to all the innocents 
who have suffered.
  It is too early to tell if Israel's military actions will quell the 
threat of rocket attacks from Gaza and shut down smuggling routes from 
Egypt. The conflict in Lebanon proved how difficult this can be and a 
strong international effort will be necessary to avoid a recurrence of 
missile strikes in both theaters. This will require a level of 
resolution thus far not demonstrated by the international community.
  Israel's long-term security can only be guaranteed by a successful 
peace process that leads to the creation of a Palestinian state living 
side-by-side and in peace with Israel. President-elect Obama has 
committed himself to reinvigorating the search for peace and it is my 
hope that a timely conclusion of the present hostilities will allow the 
new President to begin these efforts from the first days of his 
administration.

                          ____________________




                  STOP THE CONGRESSIONAL PAY RAISE ACT

                                 ______
                                 

                         HON. HARRY E. MITCHELL

                               of arizona

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. MITCHELL. Madam Speaker, earlier today my colleague Dr. Ron Paul 
and I were joined by more than 50 Members of Congress from both sides 
of the aisle to introduce the Stop the Congressional Pay Raise Act of 
2009.
  As you may recall, I introduced similar bills the last two years, 
seeking to prevent an automatic pay raise for Members of Congress from 
taking effect in 2008 and 2009. Unfortunately, despite the support of 
34 cosponsors, last year's bill failed to reach the floor. As a result, 
every Member is now receiving $174,000 this year, a $4,700 increase 
since last year.
  Madam Speaker, our economy is in a recession, hundreds of thousands 
of U.S. troops are fighting overseas, and our national debt exceeds $10 
trillion. Unemployment figures are on the rise, home values are 
falling, and markets around the world are suffering from a devastating 
loss of credit and consumer demand. The American people aren't getting 
a $4,700 pay raise this year. I do not know how in good conscience we, 
as their Representatives in Congress, can accept one.
  In the last year, jobless rates increased in 49 States and the 
District of Columbia. Unemployment was up 2 percentage point from a 
year before. In my home State of Arizona, unemployment rose by over 50 
percent, leaving nearly 200,000 workers unemployed.
  Compounding the situation, economists estimate that nearly $7 
trillion of investor stock wealth was lost in 2008, and Standard & 
Poor's 500 and the Dow Jones industrial average experienced their worst 
years since the Great Depression.
  When Members of Congress accept this pay raise, we send the wrong 
message. We should be tightening our belts along with the men and women 
we represent. Americans are suffering and instead of feeling that pain, 
Congress is quietly approving pay raises to further

[[Page 205]]

insulate us from it. If you want to know why people hate Washington and 
feel that it is out of touch, it is precisely because of moves like 
this.
  If we are going to talk the talk of fiscal discipline, I believe we 
need to walk the walk of self-restraint. I will be donating my 2009 pay 
raise to charity, just as I did with my 2008 pay raise. I encourage my 
colleagues to do the same, and join me in stopping the next automatic 
pay raise from taking effect by supporting the Stop the Congressional 
Pay Raise Act.

                          ____________________




 INTRODUCTION OF H.R. 40, THE COMMISSION TO STUDY REPARATION PROPOSALS 
                       FOR AFRICAN-AMERICANS ACT

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. CONYERS. Madam Speaker, today I rise to introduce H.R. 40, the 
Commission to Study Reparation Proposals for African-Americans Act. 
This 111th Congress marks the 20th anniversary of this bill's 
introduction. Since 1989, I have believed it to be in the best interest 
of our Nation to formally address one of our greatest historical 
injustices.
  As evidenced by recent events, the sin of slavery is one that 
continues to weigh heavily upon us. Following the lead of other 
churches, the Episcopal Church formally apologized for its role in 
slavery on October 4, 2008. Florida became the sixth state to apologize 
for slavery on March 26, 2008, following Virginia, Maryland, North 
Carolina, Alabama and New Jersey. During the internationally renowned 
Sundance Film Festival, Traces of the Trade, a documentary in which 
descendants of the largest U.S. slave trading family confront this 
painful history, screened in January of 2008.
  Just last Congress, the House passed a slavery apology bill on July 
29, 2008, in which the House issued a formal apology for slavery. In 
recognition of the 200th anniversary of the abolition of the 
transatlantic slave trade on January 1, 1808, the House and Senate 
passed legislation creating a commemoration commission, which was 
signed into law on February 5, 2008, and is currently awaiting funding. 
Such Federal efforts are significant steps towards proper 
acknowledgment and understanding of slavery and its implications, but 
our responsibilities on this matter are even greater.
  Establishing a commission to study the institution of slavery in the 
United States, as well as its consequences that reach into modern day 
society, is our responsibility. This concept of a commission to address 
historical wrongs is not unprecedented. In fact, in recent Congresses, 
commission bills have been put forward.
  In 1983, a Presidential Commission determined that the internment of 
Japanese Americans during World War II was racist and inhumane, and as 
a result, the 1988 Civil Liberties Act provided redress for those 
injured by the internment. However, the interment of Japanese Latin 
Americans in the United States during World War II was not examined by 
the Commission, resulting in legislation calling for a commission to 
examine this oversight. Legislation establishing a commission to review 
the injustices suffered by European Americans, European Latin 
Americans, and Jewish refugees during World War II has also been 
proposed.
  H.R. 40 is no different than these other commission bills. H.R. 40 
establishes a commission to examine the institution of slavery and its 
legacy, like racial disparities in education, housing, and healthcare. 
Following this examination, the commission would make recommend 
appropriate remedies to Congress, and as I have indicated before, 
remedies does not equate to monetary compensation.
  In the 110th Congress, I convened the first Congressional hearing on 
H.R. 40. With witnesses that included Professor Charles Ogletree, 
Episcopal Bishop M. Thomas Shaw, and Detroit City Councilwoman JoAnn 
Watson, we began a formal dialogue on the legacy of the transatlantic 
slave trade. This Congress, I look forward to continuing this 
conversation so that our Nation can better understand this part of our 
history.
  Attempts to eradicate today's racial discrimination and disparities 
will be successful when we understand the past's racial injustices and 
inequities. A commission can take us into this dark past and bring us 
into a brighter future. As in years past, I welcome open and 
constructive discourse on H.R. 40 and this commission in the 111th 
Congress.

                          ____________________




         HONORING STANBERRY HIGH SCHOOL OF STANBERRY, MISSOURI

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize the 
outstanding achievements of the students, teachers, administrators, 
parents, and patrons of Stanberry High School and the Stanberry R-II 
School District. Stanberry High School was named a 2008 No Child Left 
Behind Blue Ribbon School of the year.
  Madam Speaker, in order for Stanberry High School to receive such a 
prestigious national distinction, they were required to score in the 
top 10 percent on the State of Missouri's assessment test. I would like 
to make a special note of Stanberry R-II School District Superintendent 
Dr. Bruce Johnson and Stanberry High School Principal Gregory Dias for 
their commitment and leadership to the students of Stanberry High 
School.
  Madam Speaker, I ask that you join me in applauding the outstanding 
achievements of Stanberry High School. It is an honor to have a high 
school like Stanberry in the Sixth Congressional District of Missouri 
that strives for educational excellence. We wish them many more years 
of success.

                          ____________________




             DR. MARTIN LUTHER KING JR. MEMORIAL BREAKFAST

                                 ______
                                 

                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. VISCLOSKY. Madam Speaker, as we celebrate the birth of Dr. Martin 
Luther King, Jr. and reflect on his life and work, we are reminded of 
the challenges that democracy poses to us and the delicate nature of 
liberty. Dr. King's life, and, unfortunately, his untimely death, 
reminds us that we must continually work to secure and protect our 
freedoms. Dr. King, in his courage to act, his willingness to meet 
challenges, and his ability to achieve, embodied all that is good and 
true in the battle for liberty.
  The spirit of Dr. King lives on in the citizens of communities 
throughout our nation. It lives on in the people whose actions reflect 
the spirit of resolve and achievement that will help move our country 
into the future. In particular, several distinguished individuals from 
Indiana's First Congressional District will be recognized during the 
30th Annual Dr. Martin Luther King, Jr. Memorial Breakfast on Saturday, 
January 17, 2009, at the Genesis Convention Center in Gary, Indiana. 
The Gary Frontiers Service Club, which was founded in 1952, sponsors 
this annual breakfast.
  This year, the Gary Frontiers Service Club will pay tribute to 
several local individuals who have for decades unselfishly contributed 
to improving the quality of life for the people of Gary. Those 
individuals who will be recognized as Dr. Martin Luther King, Jr. 
Marchers at this year's breakfast include: Pastor W.N. Reed, Roosevelt 
Allen, Jr., Otho Lyles II, Willie Horne, Era Cleveland Twyman, and 
George Burrell. Additionally, Reverend Pharis Evans and Mr. Cleo Wesson 
will be honored with the prestigious Dr. Martin Luther King, Jr. Drum 
Major Award, an award given out annually to outstanding individuals of 
the Gary community. This marks the first time two individuals have been 
honored with this distinguished award.
  After fifty-four years of service to the Gary community, the Gary 
Frontiers Service Club will proudly announce its first female members: 
Ferba Hines, Johnnie Rogers, and Gwen Johnson-Robinson. Yokefellow Sean 
Jones, a Gary Police Officer, was also named the 2008 Yokefellow of the 
Year.
  Though very different in nature, the achievement of all these 
individuals reflect many of the same attributes that Dr. King 
possessed, as well as the values he advocated. Like Dr. King, these 
individuals saw challenges and faced them with unwavering strength and 
determination. Each one of the honored guests' greatness has been found 
in their willingness to serve with ``a heart full of grace and a soul 
generated by love.'' They set goals and work selflessly to make them a 
reality.
  Madam Speaker, I urge you and my other distinguished colleagues to 
join me in commending the Gary Frontiers Service Club officers: 
President Oliver J. Gilliam, Vice President James Piggee, Secretary 
Melvin Ward, Financial Secretary Sam Frazier, and Treasurer/Seventh 
District Director Floyd Donaldson, as well as Breakfast Chairman 
Clorius L.

[[Page 206]]

Lay, Videographer Otho Lyles, Master of Ceremony Alfred Hammonds, the 
honorees, and all other members of the service club for their 
initiative, determination, and dedication to serving the people of 
Northwest Indiana.

                          ____________________




     INTRODUCING THE SOCIAL SECURITY FOR AMERICAN CITIZENS ONLY ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. PAUL. Madam Speaker, today I introduce the Social Security for 
American Citizens Only Act. This act forbids the federal government 
from providing Social Security benefits to noncitizens. It also ends 
the practice of totalization. Totalization is where the Social Security 
Administration takes into account the number of years an individual 
worked abroad, and thus was not paying payroll taxes, in determining 
that individual's eligibility for Social Security benefits!
  Hard as it may be to believe, the United States Government already 
provides Social Security benefits to citizens of 17 other countries. 
Under current law, citizens of those countries covered by these 
agreements may have an easier time getting Social Security benefits 
than public school teachers or policemen!
  Obviously, this program provides a threat to the already fragile 
Social Security system, and the threat is looming larger. The prior 
administration actually proposed a totalization agreement that would 
have allowed thousands of foreigners to qualify for U.S. Social 
Security benefits even thought they came to, and worked in, the United 
States illegally. Adding insult to injury, this proposal could have 
allowed the federal government to give Social Security benefits to non-
citizens who worked here for as little as 18 months. Estimates of what 
this totalization proposal would cost top one billion dollars per year.
  Despite a major public outcry against extending Social Security 
benefits to those who entered this country illegally, a version of this 
proposal actually passed the other body in the 109th Congress. That the 
executive branch would propose, and part of the legislative branch 
would endorse, using social security monies to reward to those who have 
willingly and knowingly violated our own immigration laws is an insult 
to the millions of Americans who pay their entire working lives into 
the system and now face the possibility that there may be nothing left 
when it is their turn to retire.
  While the new administration has yet to take a public position on 
totalization, and hopefully will be more reasonable on this issue than 
its predecessor, it is still imperative that Congress act. Even if the 
new administration repudiates all proposals to allow those who entered 
the county illegally to receive social security benefits, the only way 
to guarantee a future administration will not revive this scheme is for 
Congress to put an end to totalization once and for all. I therefore 
call upon my colleagues to stop the use of the Social Security Trust 
Fund as yet another vehicle for foreign aid by cosponsoring the Social 
Security for American Citizens Only Act.

                          ____________________




                  THE GREAT LAKES WATER PROTECTION ACT

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KIRK. Madam Speaker, today I am pleased to join with Congressman 
Lipinski to introduce the Great Lakes Water Protection Act. This 
bipartisan legislation, supported by the Alliance for the Great Lakes, 
National Resources Defense Council, National Wildlife Foundation, 
National Parks Conservation Association, Great Lakes Aquatic Network, 
Audubon Society and more, would set a date certain to end sewage 
dumping in America's largest supply of fresh water, the Great Lakes. 
More than thirty million Americans depend on the Great Lakes for their 
drinking water, food, jobs, and recreation. We need to put a stop to 
the poisoning of our water supply. Cities along the Great Lakes must 
become environmental stewards of our country's most precious freshwater 
ecosystem.
  The Great Lakes Water Protection Act gives cities until 2029 to build 
the full infrastructure needed to prevent sewage dumping into the Great 
Lakes. Those who violate EPA sewage dumping regulations after that 
federal deadline will be subject to fines up to $100,000 for every day 
they are in violation. These fines will be directed to a newly 
established Great Lakes Clean-Up Fund within the Clean Water State 
Revolving Fund. Penalties collected would go into this fund and be 
reallocated to the states surrounding the Great Lakes. From there, the 
funds will be spent on wastewater treatment options, with a special 
focus on greener solutions such as habitat protection and wetland 
restoration.
  This legislation is sorely needed. Many major cities along the Great 
Lakes do not have the infrastructure needed to divert sewage overflows 
during times of heavy rainfall. More than twenty-four billion gallons 
of sewage are dumped into the Lakes each year; Detroit alone dumped 
over thirteen billion gallons of sewage into Lake Huron in 2005.
  These disastrous practices result in thousands of annual beach 
closing for the region's 815 freshwater beaches. Illinois faced 793 
beach closures and health advisories in 2007, up more than thirty 
percent from 2006. Six beaches in my district alone exceeded health 
standards more than 25 percent of the time. This greatly affects the 
health of our children and families--EPA estimates suggest that nearly 
300 people could expect to contract a respiratory illness after 
swimming in Lake Michigan in Chicago on one summer weekend. This trend 
is echoed throughout the Great Lakes region and is one we need to 
reverse.
  Protecting our Great Lakes is one of my top priorities in the 
Congress. As an original cosponsor of the Great Lakes Restoration Act, 
I favor a broad approach to addressing needs in the region. However, we 
must also move forward with tailored approaches to fix specific 
problems as we continue to push for more comprehensive reform. I am 
proud to introduce this important legislation that addresses a key 
problem facing our Great Lakes, and hope my colleagues will support me 
in ensuring that these important resources become free from the threat 
of sewage pollution.

                          ____________________




          RECOGNIZING JOSEPHINE BOYLAN OF SPRING HILL, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
honor Josephine Boylan of Hernando County, Florida. Josephine has done 
something that all of us strive to do, but that very few of us will 
ever accomplish, celebrate her 100th birthday.
  Josephine Boylan was born October 3, 1908 in Lebanon, New York. After 
attending school in Lebanon, she went to work as a seamstress and 
eventually married Vincent Boylan. Josephine had three children and 
eight grandchildren, with too many great grandchildren for her to 
count.
  Living in Orlando until 1975, Josephine then moved to Tucson, Arizona 
for three years before returning to Florida in 1979. Since then she has 
lived in Spring Hill in Hernando County, where her grandson also lives. 
She is very proud of her grandson, and lists his graduation from MIT as 
one of the greatest moments of her life.
  Still living an active lifestyle, Josephine enjoys playing bingo with 
her friends. She has fond memories of her son Jerry playing the organ 
with everyone singing during the holidays and remembers sitting on the 
back porch with Vincent while they were dating. As someone who loves to 
sing herself, Josephine has said that if she could live her life over 
again she would be an opera singer. If she could give advice to young 
people today she would tell them to have fun and work hard.
  Madam Speaker, I ask that you join me in honoring Josephine Boylan 
for reaching her 100th birthday. I hope we all have the good fortune to 
live as long as her.

                          ____________________




                       ``STORMS ON THE HORIZON''

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. WOLF. Madam Speaker, I have never been more concerned about the 
short- and long-term budget shortfalls we face as a Nation. We must 
work to address these issues simultaneously in a bipartisan way.
  Last October the Washington Post reported that China had replaced 
Japan as the United States' largest creditor, increasing its holding by 
42 percent over the past year. On December 15, the U.S. Department of 
the Treasury released the ``FY 2008 Financial Report of the Federal 
Government.'' Not only is America

[[Page 207]]

facing a projected $1 trillion in deficit spending for this fiscal 
year, there is now $56 trillion in unfunded mandates through Social 
Security, Medicare and Medicaid, a number which will only continue to 
grow and has increased by $3 trillion in the last year alone. Funding 
the deficit means that U.S. must attract approximately $2 billion a day 
from foreign countries or risk a drop in the value of the dollar.
  I believe that this is an economic, moral, and generational issue. Is 
it right for one generation to live very well knowing that its debts 
will be left to be paid by their children and grandchildren?
  In the past few days numerous sources have reported that the economic 
stimulus bill on the agenda of the soon to be Obama administration is 
expected to cost between $675 billion and $775 billion. Other reports 
say it could expand to as much as $1 trillion. Whatever package is 
passed, Congress has a historic opportunity to work in a bipartisan way 
to address the Nation's looming financial crisis by including a 
mechanism to deal with the underlying problem of autopilot spending. 
The bipartisan SAFE Commission I introduced with Rep. Jim Cooper in the 
110th Congress would create a national commission to review 
entitlements with everything--including tax policy--on the table. This 
idea garnered the support of over 100 members during the 110th 
Congress. Senate Budget Committee Chairman Kent Conrad and ranking 
member Judd Gregg introduced similar legislation, which has also gained 
momentum. The time is now.
  I share with our colleagues a speech by Richard W. Fisher, president 
of the Federal Reserve Bank of Dallas. ``Storms on the Horizon'' is a 
sobering account from a monetary policymaker's point of view on why 
deficits matter. Mr. Fisher calls the mathematics of doing nothing to 
change the long-term outlook for entitlements, ``nothing short of 
catastrophic.''
  The 111th Congress will have on its watch this unfolding reality. 
What will we do to make a difference for our country's--and our 
children's and grandchildren's--future?

    Storms on the Horizon: Remarks Before the Commonwealth Club of 
          California, San Francisco, California, May 28, 2008

                         (By Richard W. Fisher)

       Thank you, Bruce [Ericson]. I am honored to be here this 
     evening and am grateful for the invitation to speak to the 
     Commonwealth Club of California.
       Alan Greenspan and Paul Volcker, two of Ben Bernanke's 
     linear ancestors as chairmen of the Federal Reserve, have 
     been in the news quite a bit lately. Yet, we rarely hear 
     about William McChesney Martin, a magnificent public servant 
     who was Fed chairman during five presidencies and to this day 
     holds the record for the longest tenure: 19 years.
       Chairman Martin had a way with words. And he had a twinkle 
     in his eye. It was Bill Martin who wisely and succinctly 
     defined the Federal Reserve as having the unenviable task 
     ``to take away the punchbowl just as the party gets going.'' 
     He did himself one up when he received the Alfalfa Club's 
     nomination for the presidency of the United States. I suspect 
     many here tonight have been to the annual Alfalfa dinner. It 
     is one of the great institutions in Washington, D.C. Once a 
     year, it holds a dinner devoted solely to poking fun at the 
     political pretensions of the day. Tongue firmly in cheek, the 
     club nominates a candidate to run for the presidency on the 
     Alfalfa Party ticket. Of course, none of them ever win. 
     Nominees are thenceforth known for evermore as members of the 
     Stassen Society, named for Harold Stassen, who ran for 
     president nine times and lost every time, then ran a tenth 
     time on the Alfalfa ticket and lost again. The motto of the 
     group is Veni, Vidi, Defici--``I came, I saw, I lost.''
       Bill Martin was nominated to run and lose on the Alfalfa 
     Party ticket in 1966, while serving as Fed chairman during 
     Lyndon Johnson's term. In his acceptance speech, he announced 
     that, given his proclivities as a central banker, he would 
     take his cues from the German philosopher Goethe, ``who said 
     that people could endure anything except continual 
     prosperity.'' Therefore, Martin declared, he would adopt a 
     platform proclaiming that as a president he planned to ``make 
     life endurable again by stamping out prosperity.''
       ``I shall conduct the administration of the country,'' he 
     said, ``exactly as I have so successfully conducted the 
     affairs of the Federal Reserve. To that end, I shall assemble 
     the best brains that can be found . . . ask their advice on 
     all matters . . . and completely confound them by following 
     all their conflicting counsel.''
       It is true, Bruce, that as you said in your introduction, I 
     am one of the 17 people who participate in Federal Open 
     Market Committee (FOMC) deliberations and provide Ben 
     Bernanke with ``conflicting counsel'' as the committee 
     cobbles together a monetary policy that seeks to promote 
     America's economic prosperity, Goethe to the contrary. But 
     tonight I speak for neither the committee, nor the chairman, 
     nor any of the other good people that serve the Federal 
     Reserve System. I speak solely in my own capacity. I want to 
     speak to you tonight about an economic problem that we must 
     soon confront or else risk losing our primacy as the world's 
     most powerful and dynamic economy.
       Forty-three years ago this Sunday, Bill Martin delivered a 
     commencement address to Columbia University that was far more 
     sober than his Alfalfa Club speech. The opening lines of that 
     Columbia address were as follows: ``When economic prospects 
     are at their brightest, the dangers of complacency and 
     recklessness are greatest. As our prosperity proceeds on its 
     record-breaking path, it behooves every one of us to scan the 
     horizon of our national and international economy for danger 
     signals so as to be ready for any storm.''
       Today, our fellow citizens and financial markets are paying 
     the price for falling victim to the complacency and 
     recklessness Martin warned against. Few scanned the horizon 
     for trouble brewing as we proceeded along a path of 
     unparalleled prosperity fueled by an unsustainable housing 
     bubble and unbridled credit markets. Armchair or Monday 
     morning quarterbacks will long debate whether the Fed could 
     have/should have/would have taken away the punchbowl that 
     lubricated that blowout party. I have given my opinion on 
     that matter elsewhere and won't go near that subject tonight. 
     What counts now is what we have done more recently and where 
     we go from here. Whatever the sins of omission or commission 
     committed by our predecessors, the Bernanke FOMC's objective 
     is to use a new set of tools to calm the tempest in the 
     credit markets to get them back to functioning in a more 
     orderly fashion. We trust that the various term credit 
     facilities we have recently introduced are helping restore 
     confidence while the credit markets undertake self-corrective 
     initiatives and lawmakers consider new regulatory schemes.
       I am also not going to engage in a discussion of present 
     monetary policy tonight, except to say that if inflationary 
     developments and, more important, inflation expectations, 
     continue to worsen, I would expect a change of course in 
     monetary policy to occur sooner rather than later, even in 
     the face of an anemic economic scenario. Inflation is the 
     most insidious enemy of capitalism. No central banker can 
     countenance it, not least the men and women of the Federal 
     Reserve.
       Tonight, I want to talk about a different matter. In 
     keeping with Bill Martin's advice, I have been scanning the 
     horizon for danger signals even as we continue working to 
     recover from the recent turmoil. In the distance, I see a 
     frightful storm brewing in the form of untethered government 
     debt. I choose the words--``frightful storm''--deliberately 
     to avoid hyperbole. Unless we take steps to deal with it, the 
     long-term fiscal situation of the federal government will be 
     unimaginably more devastating to our economic prosperity than 
     the subprime debacle and the recent debauching of credit 
     markets that we are now working so hard to correct.
       You might wonder why a central banker would be concerned 
     with fiscal matters. Fiscal policy is, after all, the 
     responsibility of the Congress, not the Federal Reserve. 
     Congress, and Congress alone, has the power to tax and spend. 
     From this monetary policymaker's point of view, though, 
     deficits matter for what we do at the Fed. There are many 
     reasons why. Economists have found that structural deficits 
     raise long-run interest rates, complicating the Fed's dual 
     mandate to develop a monetary policy that promotes 
     sustainable, noninflationary growth. The even more disturbing 
     dark and dirty secret about deficits--especially when they 
     careen out of control--is that they create political pressure 
     on central bankers to adopt looser monetary policy down the 
     road. I will return to that shortly. First, let me give you 
     the unvarnished facts of our Nation's fiscal predicament.
       Eight years ago, our federal budget, crafted by a 
     Democratic president and enacted by a Republican Congress, 
     produced a fiscal surplus of $236 billion, the first surplus 
     in almost 40 years and the highest nominal-dollar surplus in 
     American history. While the Fed is scrupulously nonpartisan 
     and nonpolitical, I mention this to emphasize that the 
     deficit/debt issue knows no party and can be solved only by 
     both parties working together. For a brief time, with 
     surpluses projected into the future as far as the eye could 
     see, economists and policymakers alike began to contemplate a 
     bucolic future in which interest payments would form an ever-
     declining share of federal outlays, a future where Treasury 
     bonds and debt-ceiling legislation would become dusty relics 
     of a long-forgotten past. The Fed even had concerns about how 
     open market operations would be conducted in a marketplace 
     short of Treasury debt.
       That utopian scenario did not last for long. Over the next 
     7 years, federal spending grew at a 6.2 percent nominal 
     annual rate while receipts grew at only 3.5 percent. Of 
     course, certain areas of government, like national defense, 
     had to spend more in the wake of 9/11. But nondefense 
     discretionary spending actually rose 6.4 percent annually 
     during this timeframe, outpacing the growth in total 
     expenditures. Deficits soon returned, reaching an expected 
     $410 billion for 2008--a

[[Page 208]]

     $600 billion swing from where we were just 8 years ago. This 
     $410 billion estimate, by the way, was made before the 
     recently passed farm bill and supplemental defense 
     appropriation and without considering a proposed patch for 
     the Alternative Minimum Tax--all measures that will lead to a 
     further ballooning of government deficits.
       In keeping with the tradition of rosy scenarios, official 
     budget projections suggest this deficit will be relatively 
     short-lived. They almost always do. According to the official 
     calculus, following a second $400-billion-plus deficit in 
     2009, the red ink should fall to $160 billion in 2010 and $95 
     billion in 2011, and then the budget swings to a $48 billion 
     surplus in 2012.
       If you do the math, however, you might be forgiven for 
     sensing that these felicitous projections look a tad dodgy. 
     To reach the projected 2012 surplus, outlays are assumed to 
     rise at a 2.4 percent nominal annual rate over the next 4 
     years--less than half as fast as they rose the previous 7 
     years. Revenue is assumed to rise at a 6.7 percent nominal 
     annual rate over the next 4 years--almost double the rate of 
     the past 7 years. Using spending and revenue growth rates 
     that have actually prevailed in recent years, the 2012 
     surplus quickly evaporates and becomes a deficit, potentially 
     of several hundred billion dollars.
       Doing deficit math is always a sobering exercise. It 
     becomes an outright painful one when you apply your 
     calculator to the long-run fiscal challenge posed by 
     entitlement programs. Were I not a taciturn central banker, I 
     would say the mathematics of the long-term outlook for 
     entitlements, left unchanged, is nothing short of 
     catastrophic.
       Typically, critics ranging from the Concord Coalition to 
     Ross Perot begin by wringing their collective hands over the 
     unfunded liabilities of Social Security. A little history 
     gives you a view as to why. Franklin Roosevelt originally 
     conceived a social security system in which individuals would 
     fund their own retirements through payroll-tax contributions. 
     But Congress quickly realized that such a system could not 
     put much money into the pockets of indigent elderly citizens 
     ravaged by the Great Depression. Instead, a pay-as-you-go 
     funding system was embraced, making each generation's 
     retirement the responsibility of its children.
       Now, fast forward 70 or so years and ask this question: 
     What is the mathematical predicament of Social Security 
     today? Answer: The amount of money the Social Security system 
     would need today to cover all unfunded liabilities from now 
     on--what fiscal economists call the ``infinite horizon 
     discounted value'' of what has already been promised 
     recipients but has no funding mechanism currently in place--
     is $13.6 trillion, an amount slightly less than the annual 
     gross domestic product of the United States.
       Demographics explain why this is so. Birthrates have fallen 
     dramatically, reducing the worker-retiree ratio and leaving 
     today's workers pulling a bigger load than the system 
     designers ever envisioned. Life spans have lengthened without 
     a corresponding increase in the retirement age, leaving 
     retirees in a position to receive benefits far longer than 
     the system designers envisioned. Formulae for benefits and 
     cost-of-living adjustments have also contributed to the 
     growth in unfunded liabilities.
       The good news is this Social Security shortfall might be 
     manageable. While the issues regarding Social Security reform 
     are complex, it is at least possible to imagine how Congress 
     might find, within a $14 trillion economy, ways to wrestle 
     with a $13 trillion unfunded liability. The bad news is that 
     Social Security is the lesser of our entitlement worries. It 
     is but the tip of the unfunded liability iceberg. The much 
     bigger concern is Medicare, a program established in 1965, 
     the same prosperous year that Bill Martin cautioned his 
     Columbia University audience to be wary of complacency and 
     storms on the horizon.
       Medicare was a pay-as-you-go program from the very 
     beginning, despite warnings from some congressional leaders--
     Wilbur Mills was the most credible of them before he 
     succumbed to the pay-as-you-go wiles of Fanne Foxe, the 
     Argentine Firecracker--who foresaw some of the long-term 
     fiscal issues such a financing system could pose. 
     Unfortunately, they were right.
       Please sit tight while I walk you through the math of 
     Medicare. As you may know, the program comes in three parts: 
     Medicare Part A, which covers hospital stays; Medicare B, 
     which covers doctor visits; and Medicare D, the drug benefit 
     that went into effect just 29 months ago. The infinite-
     horizon present discounted value of the unfunded liability 
     for Medicare A is $34.4 trillion. The unfunded liability of 
     Medicare B is an additional $34 trillion. The shortfall for 
     Medicare D adds another $17.2 trillion. The total? If you 
     wanted to cover the unfunded liability of all three programs 
     today, you would be stuck with an $85.6 trillion bill. That 
     is more than six times as large as the bill for Social 
     Security. It is more than six times the annual output of the 
     entire U.S. economy.
       Why is the Medicare figure so large? There is a mix of 
     reasons, really. In part, it is due to the same birthrate and 
     life-expectancy issues that affect Social Security. In part, 
     it is due to ever-costlier advances in medical technology and 
     the willingness of Medicare to pay for them. And in part, it 
     is due to expanded benefits--the new drug benefit program's 
     unfunded liability is by itself one-third greater than all of 
     Social Security's.
       Add together the unfunded liabilities from Medicare and 
     Social Security, and it comes to $99.2 trillion over the 
     infinite horizon. Traditional Medicare composes about 69 
     percent, the new drug benefit roughly 17 percent and Social 
     Security the remaining 14 percent.
       I want to remind you that I am only talking about the 
     unfunded portions of Social Security and Medicare. It is what 
     the current payment scheme of Social Security payroll taxes, 
     Medicare payroll taxes, membership fees for Medicare B, 
     copays, deductibles and all other revenue currently channeled 
     to our entitlement system will not cover under current rules. 
     These existing revenue streams must remain in place in 
     perpetuity to handle the ``funded'' entitlement liabilities. 
     Reduce or eliminate this income and the unfunded liability 
     grows. Increase benefits and the liability grows as well.
       Let's say you and I and Bruce Ericson and every U.S. 
     citizen who is alive today decided to fully address this 
     unfunded liability through lump-sum payments from our own 
     pocketbooks, so that all of us and all future generations 
     could be secure in the knowledge that we and they would 
     receive promised benefits in perpetuity. How much would we 
     have to pay if we split the tab? Again, the math is painful. 
     With a total population of 304 million, from infants to the 
     elderly, the per-person payment to the federal treasury would 
     come to $330,000. This comes to $1.3 million per family of 
     four--over 25 times the average household's income.
       Clearly, once-and-for-all contributions would be an 
     unbearable burden. Alternatively, we could address the 
     entitlement shortfall through policy changes that would 
     affect ourselves and future generations. For example, a 
     permanent 68 percent increase in federal income tax revenue--
     from individual and corporate taxpayers--would suffice to 
     fully fund our entitlement programs. Or we could instead 
     divert 68 percent of current income-tax revenues from their 
     intended uses to the entitlement system, which would 
     accomplish the same thing.
       Suppose we decided to tackle the issue solely on the 
     spending side. It turns out that total discretionary spending 
     in the federal budget, if maintained at its current share of 
     GDP in perpetuity, is 3 percent larger than the entitlement 
     shortfall. So all we would have to do to fully fund our 
     Nation's entitlement programs would be to cut discretionary 
     spending by 97 percent. But hold on. That discretionary 
     spending includes defense and national security, education, 
     the environment and many other areas, not just those 
     controversial earmarks that make the evening news. All of 
     them would have to be cut--almost eliminated, really--to 
     tackle this problem through discretionary spending.
       I hope that gives you some idea of just how large the 
     problem is. And just to drive an important point home, these 
     spending cuts or tax increases would need to be made 
     immediately and maintained in perpetuity to solve the 
     entitlement deficit problem. Discretionary spending would 
     have to be reduced by 97 percent not only for our generation, 
     but for our children and their children and every generation 
     of children to come. And similarly on the taxation side, 
     income tax revenue would have to rise 68 percent and remain 
     that high forever. Remember, though, I said tax revenue, not 
     tax rates. Who knows how much individual and corporate tax 
     rates would have to change to increase revenue by 68 percent?
       If these possible solutions to the unfunded-liability 
     problem seem draconian, it's because they are draconian. But 
     they do serve to give you a sense of the severity of the 
     problem. To be sure, there are ways to lessen the reliance on 
     any single policy and the burden borne by any particular set 
     of citizens. Most proposals to address long-term entitlement 
     debt, for example, rely on a combination of tax increases, 
     benefit reductions and eligibility changes to find the 
     trillions necessary to safeguard the system over the long 
     term.
       No combination of tax hikes and spending cuts, though, will 
     change the total burden borne by current and future 
     generations. For the existing unfunded liabilities to be 
     covered in the end, someone must pay $99.2 trillion more or 
     receive $99.2 trillion less than they have been currently 
     promised. This is a cold, hard fact. The decision we must 
     make is whether to shoulder a substantial portion of that 
     burden today or compel future generations to bear its full 
     weight.
       Now that you are all thoroughly depressed, let me come back 
     to monetary policy and the Fed.
       It is only natural to cast about for a solution--any 
     solution--to avoid the fiscal pain we know is necessary 
     because we succumbed to complacency and put off dealing with 
     this looming fiscal disaster. Throughout history, many 
     nations, when confronted by sizable debts they were unable or 
     unwilling to repay, have seized upon an apparently painless 
     solution to this dilemma: monetization. Just have the 
     monetary authority run cash off the printing presses until 
     the debt is repaid, the story goes, then promise to be 
     responsible from that point on and hope your

[[Page 209]]

     sins will be forgiven by God and Milton Friedman and everyone 
     else.
       We know from centuries of evidence in countless economies, 
     from ancient Rome to today's Zimbabwe, that running the 
     printing press to pay off today's bills leads to much worse 
     problems later on. The inflation that results from the flood 
     of money into the economy turns out to be far worse than the 
     fiscal pain those countries hoped to avoid.
       Earlier I mentioned the Fed's dual mandate to manage growth 
     and inflation. In the long run, growth cannot be sustained if 
     markets are undermined by inflation. Stable prices go hand in 
     hand with achieving sustainable economic growth. I have said 
     many, many times that inflation is a sinister beast that, if 
     uncaged, devours savings, erodes consumers' purchasing power, 
     decimates returns on capital, undermines the reliability of 
     financial accounting, distracts the attention of corporate 
     management, undercuts employment growth and real wages, and 
     debases the currency.
       Purging rampant inflation and a debased currency requires 
     administering a harsh medicine. We have been there, and we 
     know the cure that was wrought by the FOMC under Paul 
     Volcker. Even the perception that the Fed is pursuing a 
     cheap-money strategy to accommodate fiscal burdens, should it 
     take root, is a paramount risk to the long-term welfare of 
     the U.S. economy. The Federal Reserve will never let this 
     happen. It is not an option. Ever. Period.
       The way we resolve these liabilities--and resolve them we 
     must--will affect our own well-being as well as the prospects 
     of future generations and the global economy. Failing to face 
     up to our responsibility will produce the mother of all 
     financial storms. The warning signals have been flashing for 
     years, but we find it easier to ignore them than to take 
     action. Will we take the painful fiscal steps necessary to 
     prevent the storm by reducing and eventually eliminating our 
     fiscal imbalances? That depends on you.
       I mean ``you'' literally. This situation is of your own 
     creation. When you berate your representatives or senators or 
     presidents for the mess we are in, you are really berating 
     yourself. You elect them. You are the ones who let them get 
     away with burdening your children and grandchildren rather 
     than yourselves with the bill for your entitlement programs.
       This issue transcends political affiliation. When George 
     Shultz, one of San Francisco's greatest Republican public 
     servants, was director of President Nixon's Office of 
     Management and Budget, he became worried about the amount of 
     money Congress was proposing to spend. After some nights of 
     tossing and turning, he called legendary staffer Sam Cohen 
     into his office. Cohen had a long memory of budget matters 
     and knew every zig and zag of budget history. ``Sam,'' Shultz 
     asked, ``tell me something just between you and me. Is there 
     any difference between Republicans and Democrats when it 
     comes to spending money?'' Cohen looked at him, furrowed his 
     brow and, after thinking about it, replied, ``Mr. Shultz, 
     there is only one difference: Democrats enjoy it more.''
       Yet no one, Democrat or Republican, enjoys placing our 
     children and grandchildren and their children and 
     grandchildren in harm's way. No one wants to see the 
     frightful storm of unfunded long-term liabilities destroy our 
     economy or threaten the independence and authority of our 
     central bank or tear our currency asunder.
       Of late, we have heard many complaints about the weakness 
     of the dollar against the euro and other currencies. It was 
     recently argued in the op-ed pages of the Financial Times 
     that one reason for the demise of the British pound was the 
     need to liquidate England's international reserves to pay off 
     the costs of the Great Wars. In the end, the pound, it was 
     essentially argued, was sunk by the kaiser's army and 
     Hitler's bombs. Right now, we--you and I--are launching 
     fiscal bombs against ourselves. You have it in your power as 
     the electors of our fiscal authorities to prevent this 
     destruction. Please do so.

                          ____________________




                        CONDEMNING HAMAS ATTACKS

                                 ______
                                 

                         HON. DENNIS A. CARDOZA

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. CARDOZA. Madam Speaker, I rise today to strongly condemn attacks 
against Israel in recent weeks. I deeply regret the loss of innocent 
civilian life in Israel and Gaza and urge Hamas, for the sake of its 
own people and those in the region, to immediately cease the attacks 
and agree to a lasting truce with its democratic neighbor.
  As our strongest ally in the Middle East, I believe Israel has the 
right to defend its citizens from the constant barrage of Hamas rocket 
attacks from inside Gaza. For too long, Hamas has used terrorism 
against Israel to destabilize the region and prevent peace for the 
people of Israel and the Palestinian territories. As long as Hamas 
continues to attack innocent Israelis and use ordinary Palestinians as 
human shields, I will continue to support Israel's right to self-
defense and its stated goal of preventing Hamas from firing rockets 
into Israel.
  I remain hopeful that the United States and its allies can help bring 
a sustainable ceasefire to the region through diplomacy and create the 
conditions necessary for a durable peace.

                          ____________________




                        HONORING DENNIS McCARTHY

                                 ______
                                 

                         HON. HOWARD L. BERMAN

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. BERMAN. Madam Speaker, I am honored to pay tribute to my friend, 
Dennis McCarthy, a renowned journalist, veteran, and the first Grand 
Marshal of the annual San Fernando Valley Veterans' Day Parade. Dennis 
is being honored by the Los Angeles Valley College for his many good 
works.
  An award winning columnist for the Los Angeles Daily News, Dennis is 
a diligent crusader who tirelessly works to protect the rights of 
veterans and their families. His popular column is widely read in the 
San Fernando Valley and neighboring suburbs. It is not only well 
written, but it is often so compelling that it stirs people to take 
action.
  Dennis obtained his degree in Journalism from California State 
University at Northridge. In addition to writing for the Los Angeles 
Daily News, Dennis has written for the Glendale News Press and South 
Bay Daily Breeze. He is extremely prolific; he has written nearly 3,000 
columns in his 25-year-career including many columns about Los Angeles 
Valley College and its vital role in meeting the educational needs of 
our community.
  He has demonstrated an extraordinary commitment to issues involving 
senior citizens, veterans, and the disabled. He uses wit, humor and 
solid reporting to spark the interest of community leaders.
  I am grateful to Dennis for serving as the first Grand Marshal of the 
annual San Fernando Valley Veterans' Day Parade--a parade I helped put 
together and care deeply about. Dennis not only took on the Grand 
Marshal role with his customary great dignity, but he helped 
communicate the spirit of the parade through his columns. He has also 
used his column to help prompt other projects I have undertaken to help 
improve the lives and the health of our veterans.
  Madam Speaker and distinguished colleagues, I ask you to join me in 
saluting Dennis McCarthy for his impressive career and dedication to 
the people of the San Fernando Valley, and to congratulate him on being 
honored at the Los Angeles Valley College President's Annual Gala.

                          ____________________




                   SAN GABRIEL BASIN RESTORATION FUND

                                 ______
                                 

                           HON. DAVID DREIER

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. DREIER. Madam Speaker, I rise today to introduce legislation that 
will continue to provide safe drinking water to Southern California. 
Identical legislation was approved by the House in 2007 but was still 
awaiting consideration in the Senate when the 110th Congress adjourned. 
It is my sincere hope that we can move quickly to see this bill 
enacted.
  In 2000, Congress created the San Gabriel Basin Restoration Fund 
after the discovery of perchlorate and other harmful contaminants in 
the basin's groundwater. The San Gabriel Groundwater Basin covers more 
than 160 square miles in Los Angeles County and is the primary source 
of drinking water for over 1.2 million people.
  The fund initially authorized $85 million in Federal funding to 
assist the state and local government agencies as well as the private 
companies found responsible for the contamination to effectively 
implement a comprehensive clean up plan that would protect the safety 
of our region's drinking water supply. After evaluation, it is evident 
that an increase in this authorization is necessary. That is why this 
bill extends the current authorization of the San Gabriel Basin 
Restoration Fund by a total of $61.2 million--$50 million for the San 
Gabriel Basin Water Quality Authority, WQA, and $11.2 million for the 
Central Basin Municipal Water District (Central Basin).
  The San Gabriel Basin Water Quality Authority, has done a tremendous 
job in administering the clean up program. In 1999, the WQA projected 
the cost of cleaning up the San Gabriel Basin at a total of $320 
million based on the level of contamination of the five original 
Operable Units of Baldwin Park, El

[[Page 210]]

Monte, South El Monte, Whittier Narrows and Puente Valley. Since the 
initial authorization by Congress in 2000, dramatically increased 
contamination levels have been identified in the South El Monte and 
Puente Valley Operable Units. This discovery has significantly 
increased both the capital and operation and maintenance costs of the 
projects. With the cost of inflation. increased energy costs and the 
higher contamination levels found, the total cost is now estimated at 
$1 billion. Significantly, the WQA has a number of treatment plants 
that are already operating at full capacity with more coming on line in 
the near future. I am proud to say that this partnership is an example 
of good stewardship of taxpayer money. Congress created the Restoration 
Fund in 2000, with an initial authorization of $85 million, or a 25 
percent investment. To date, over $70 million has been appropriated, 
with approximately 83 percent of the clean-up provided by local sources 
and responsible parties, with about 12 percent federal funding. With 
this modest increase of $61.2 million, bringing the total federal 
investment to $146.2 million, or approximately 14 percent, the WQA and 
the U.S. Bureau of Reclamation can continue jointly administering this 
clean-up program.
  In working with the WQA and the U.S. Bureau of Reclamation over the 
past decade on this regional solution, there is no doubt that this 
increase is warranted and will be utilized in the most effective way to 
continue to provide safe drinking water. The cost-effectiveness of the 
original authorization of the Restoration Fund is clear. And without a 
doubt, that cost-effective use of the Federal investment will be 
continued in this new authorization. The Federal partnership will 
continue to hold the coalition of local water agencies and private 
parties together to finish the job that we started a decade ago.
  I look forward to working closely with the House Resources Committee, 
and with the Water and Power Subcommittee Chairwoman Grace Napolitano, 
who is a cosponsor of this bill and has been a champion of regional 
water solutions. I am also pleased to have the support of 
Representatives Gary Miller, Lucille Roybal-Allard, and Adam Schiff who 
are also cosponsors of this legislation and have long supported the 
safety of our regional groundwater supply.

                          ____________________




             INTRODUCTION OF THE CAPTIVE PRIMATE SAFETY ACT

                                 ______
                                 

                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. BLUMENAUER. Madam Speaker, today I am introducing a bill to 
prohibit interstate commerce in nonhuman primates as pets. The Captive 
Primate Safety Act, CPSA, would amend the Lacey Act Amendments of 1981 
to treat nonhuman primates as prohibited wildlife species under that 
Act and to make corrections in the provisions relating to captive 
wildlife offenses under that Act.
  Nonhuman primates kept as pets pose serious risks to public health 
and safety. They can transmit diseases and inflict serious physical 
harm. These risks are increased by interstate transport of the animals. 
Currently, twenty states prohibit keeping primates as pets, and many 
others require a permit. Even in states where it is legal to keep 
primates, most people cannot provide the special care, housing, and 
social structure these animals require.
  Although the importation of nonhuman primates into the United States 
for the pet trade has been banned by Federal regulation since 1975, 
these animals are bred in the United States and are readily available 
for purchase from exotic animal dealers and even over the Internet. 
Because of the importation laws, there remains an active domestic trade 
in these animals.
  The CPSA would amend the Lacey Act Amendments of 1981 to add nonhuman 
primates to the list of animals that cannot be transported across state 
lines. It would prohibit the import, export, transportation, sale, 
receipt, acquisition, or purchase in interstate or foreign commerce of 
nonhuman primates in order to safeguard public health and safety and 
protect the welfare of monkeys, apes (which include chimpanzees and 
orangutans), marmosets and lemurs. The bill is similar to the Captive 
Wildlife Safety Act, CWSA, which Congress passed in 2003 to ban 
interstate commerce in lions, tigers, and other big cats for the pet 
trade.
  The CPSA would not affect trade or transportation of animals for 
zoos, research facilities, or other federally licensed and regulated 
entities. In the 110th Congress, the CPSA received strong support in 
the 110th Congress from Dr. Jane Goodall, the American Veterinary 
Medical Association, the Association of Zoos and Aquariums, and The 
Humane Society of the United States. It easily passed the House of 
Representatives.
  I look forward to working with my colleagues to advance this bi-
partisan legislation.

                          ____________________




                  THE SENIORS' HEALTH CARE FREEDOM ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. PAUL. Madam Speaker, I rise to introduce the Seniors' Health Care 
Freedom Act. This act protects seniors' fundamental right to make their 
own health care decisions by repealing federal laws that interfere with 
seniors' ability to form private contracts for medical services. This 
bill also repeals laws which force seniors into the Medicare program 
against their will. When Medicare was first established, seniors were 
promised that the program would be voluntary. In fact, the original 
Medicare legislation explicitly protected a senior's right to seek out 
other forms of medical insurance. However, the Balanced Budget Act of 
1997 prohibits any physician who forms a private contract with a senior 
from filing any Medicare reimbursement claims for two years. As a 
practical matter, this means that seniors cannot form private contracts 
for health care services.
  Seniors may wish to use their own resources to pay for procedures or 
treatments not covered by Medicare, or to simply avoid the bureaucracy 
and uncertainly that comes when seniors must wait for the judgment of a 
Center from Medicare and Medicaid Services (CMS) bureaucrat before 
finding out if a desired treatment is covered.
  Seniors' right to control their own health care is also being denied 
due to the Social Security Administration's refusal to give seniors who 
object to enrolling Medicare Part A Social Security benefits. This not 
only distorts the intent of the creators of the Medicare system; it 
also violates the promise represented by Social Security. Americans pay 
taxes into the Social Security Trust Fund their whole working lives and 
are promised that Social Security will be there for them when they 
retire. Yet, today, seniors are told that they cannot receive these 
benefits unless they agree to join an additional government program!
  At a time when the fiscal solvency of Medicare is questionable, to 
say the least, it seems foolish to waste scarce Medicare funds on those 
who would prefer to do without Medicare. Allowing seniors who neither 
want nor need to participate in the program to refrain from doing so 
will also strengthen the Medicare program for those seniors who do wish 
to participate in it. Of course, my bill does not take away Medicare 
benefits from any senior. It simply allows each senior to choose 
voluntarily whether or not to accept Medicare benefits or to use his 
own resources to obtain health care.
  Forcing seniors into government programs and restricting their 
ability to seek medical care free from government interference 
infringes on the freedom of seniors to control their own resources and 
make their own health care decisions. A woman who was forced into 
Medicare against her wishes summed it up best in a letter to my office, 
``. . . I should be able to choose the medical arrangements I prefer 
without suffering the penalty that is being imposed.'' I urge my 
colleagues to protect the right of seniors to make the medical 
arrangements that best suit their own needs by cosponsoring the 
Seniors' Health Care Freedom Act.

                          ____________________




  THE CREATING OPPORTUNITIES TO MOTIVATE MASS-TRANSIT UTILIZATION TO 
                          ENCOURAGE RIDERSHIP

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KIRK. Madam Speaker, as our economy continues to struggle, an 
immediate and cost-effective way to offer relief to consumers is to 
provide incentives for mass transit use. According to a study published 
by the American Public Transportation Association (APTA), public 
transportation use in the U.S. saves an annual 1.4 billion gallons of 
gasoline. Factoring in the current average gasoline price of $1.65 per 
gallon, public transit saves consumers more than $2 billion in gas 
costs per year.
  Greenhouse gas emissions from motor vehicles also pose a severe 
threat to our environment, as emissions from our transportation

[[Page 211]]

sector account for nearly a third of all U.S. emissions. Public 
transit, however, reduces CO2 emissions by 37 million metric tons 
annually. This is equivalent to the electricity used by nearly five 
million homes. If we want to get serious about emissions reductions, we 
must get serious about investing in public transit.
  Current law allows businesses, governments, non-profits and employees 
to purchase tax-free transit benefits. However. there is no tax 
incentive for employers to directly subsidize their workers' 
transportation costs. The bipartisan Creating Opportunities to Motivate 
Mass-transit Utilization To Encourage Ridership (COMMUTER) Act of 2008 
offers employers a 50 percent tax credit for all transit benefits 
provided to employees, up to $115 per employee per month. Under the 
COMMUTER Act, employees could receive up to $1,380 in free mass transit 
funds each year, with the employer receiving $690 in tax credits per 
employee. As family budgets continue to tighten, an extra $1,400 to 
$2,800 could help ease the burdens of health care and education or help 
bolster retirement savings.
  A study recently conducted by BusinessWeek Research Services 
estimates that 53 percent of employees in Chicago, San Francisco and 
New York would take public transportation if their employer provided 
access to current transit benefits. Out of the respondents, 60 percent 
said their company does not provide tax-free commuter benefits.
  I believe we must work to provide long-term solutions to our energy 
crisis, such as passing long-term tax incentives for research and 
development of renewable and alternative energy, fuels and vehicles; 
eliminating the so-called boutique fuels and offering the nation one 
clean burning fuel; financing energy development projects in China, 
central Asia and the Gulf to meet Chinese energy needs apart from oil; 
and increasing fuel economy standards.
  But our economy, environment and national security cannot wait ten, 
twenty or thirty years for the entire restructuring of our energy 
policy--we need to take action now. I am proud to offer the COMMUTER 
Act with Representatives Dan Lipinski (D-IL) Judy Biggert (R-IL) and 
Peter Roskam (R-IL) and to help provide that immediate relief. I hope 
Congress will act swifly and in a bipartisan manner to pass this 
important legislation.

                          ____________________




            RECOGNIZING TEKLA HAMPUS OF SPRING HILL, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
honor Tekla Hampus of Hernando County, Florida. Tekla has done 
something that all of us strive to do, but that very few of us will 
ever accomplish, celebrate her 102nd birthday.
  Tekla Hampus was born September 24, 1906 in Stockholm, Sweden. After 
she finished school in Stockholm, Tekla married but was widowed in 
1979. She and her husband had two children, one of whom is now 
deceased. Tekla is proud of her one grandchild, two great-grandchildren 
and three great-great grandchildren.
  As someone who has lived for more than a century, Tekla is proudest 
of the births of her children and grandchildren. She has many fond 
memories of family outings with her parents and their picnics together 
back home in Europe.
  Following her move to Hernando County in 1968 to be closer to her 
children, Tekla today gets pleasure from visits with her son and enjoys 
the cost of living in Hernando County.
  Madam Speaker, I ask that you join me in honoring Tekla Hampus for 
reaching her 102nd birthday. I hope we all have the good fortune to 
live as long as her.

                          ____________________




                        TRIBUTE TO NANCY RUSSELL

                                 ______
                                 

                             HON. DAVID WU

                               of oregon

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. WU. Madam Speaker, I rise today to remember a courageous and 
pioneering Oregonian who we lost on September 19, 2008, Nancy Russell. 
Her love of the outdoors and of Oregon history led her to co-found an 
organization that assisted in obtaining Federal protection for the 
Columbia River Gorge--``Friends of the Columbia River Gorge.''
  Madam Speaker, and my fellow colleagues, if you have never seen the 
Columbia River Gorge, let me explain to you: It is Oregon's Grand 
Canyon, our Yellowstone, the crown jewel of Oregon's natural heritage, 
a spectacular and unique 80-mile-long, 4,000-feet-deep sea level cut 
through the Cascade Mountain Range. The Gorge is home to more than 800 
species of wildflowers, six endangered and threatened animal species, 
and more than 40 other sensitive species.
  As a self-taught wildflower expert, Nancy shared her love of 
wildflowers by developing the Wildflower Walkers program for the 
Portland Garden Club, which helped others understand and love the Gorge 
the way Nancy did.
  In the late 1970s, development in the Portland area was threatening 
to spill into the Gorge, and a group of prominent conservationists 
recruited Nancy to lead the effort for Federal protection. In the face 
of pressure from opponents of scenic area designation, and even bumper 
stickers that read ``Save the Gorge from Nancy Russell,'' she and her 
fellow supporters persevered in 1986, when President Reagan signed into 
law the Columbia River Gorge National Scenic Area Act. This act, quite 
notably, was the only stand-alone environmental legislation passed 
during the Reagan administration, and was the first such designation.
  After a tremendous accomplishment such as this, most people would 
claim victory and rest on their laurels. However, Nancy proved tireless 
and continued to pursue further Gorge protection. She successfully 
advocated for the purchase of 40,000 acres that were passed into public 
ownership, and personally purchased more than 30 properties to ensure 
their protection from development.
  Sadly, in 2004 she was diagnosed with ALS, also know as Lou Gehrig's 
Disease, but like any true champion, her dedication did not fade. Nancy 
made one final trip to the Gorge in August with close friends. I am 
sure that she was thinking that no matter how much you do in your 
lifetime you always want it to carry on for others to learn from and 
enjoy.
  Madam Speaker, the Columbia River Gorge continues to see threats from 
unwanted development, but I know that the organization she founded, and 
the strength and spirit that Nancy Russell left us all with is the 
strength and spirit to not budge an inch on our commitment to the 
protection of the crown jewel of Oregon's natural heritage. That 
commitment is what I want to commemorate today, Madam Speaker, and that 
commitment is what I will continue to draw strength from in my fight to 
protect the Columbia River Gorge.

                          ____________________




               INTRODUCING HAITIAN PROTECTION ACT OF 2009

                                 ______
                                 

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. HASTINGS of Florida. Madam Speaker, I rise today to introduce the 
Haitian Protection Act of 2009. This important piece of legislation 
would designate Haitian nationals as eligible for Temporary Protected 
Status (TPS).
  The creation of TPS was intended to serve as the statutory embodiment 
of safe haven for those who are fleeing--or reluctant to return to--a 
potentially dangerous situation in their country of origin.
  According to section 244(A) of the Immigration and Nationality Act of 
1990, TPS may be granted when: there is ongoing armed conflict posing a 
serious threat to personal safety; it is requested by a foreign state 
that temporarily cannot handle the return of nationals due to 
environmental disaster; or extraordinary and temporary conditions in a 
foreign state exist which prevent aliens from returning.
  Haiti has continued to meet all three of these requirements, and yet, 
not once have Haitian nationals been granted TPS.
  Last year, I, along with several of my colleagues, wrote on several 
occasions to the Department of Homeland Security (DHS) and the 
President of the United States urging them to grant Haiti TPS.
  Sadly, just today, the Miami Herald reported that Homeland Security 
Secretary Michael Chertoff recently wrote to Haitian President Rene 
Preval formally denying his request for TPS. In his letter, Secretary 
Chertoff stated that ``After very careful consideration, I have 
concluded that Haiti does not currently warrant a TPS designation.''
  Madam Speaker, this response came as an utter shock. This past 
summer, only a few months after deadly food riots led to the removal of 
the country's Prime Minister, Haiti was ravaged by four back-to-back 
natural disasters. Thousands lost their homes, many were left starving 
and isolated from humanitarian assistance, nearly 800 lives were taken, 
and as of last month, over 300 people remain missing.
  Though recovery efforts have slowly commenced, much of Haiti remains 
in a state of

[[Page 212]]

destruction. Up to 40,000 people are in shelters, and severe 
malnutrition concerns have arisen throughout rural areas.
  How dire must the situation in Haiti become before the United States 
is willing to extend this helping hand to Haiti as it has done for 
other nations under similar circumstances?
  The Haitian government's ability to provide basic governmental 
services--clean water, education, passable roads and basic healthcare--
remains severely compromised by these natural disasters. Repatriating 
Haitians at this time imposes an additional burden on government 
resources that are already stretched too thin and poses a serious 
danger to deportees' personal safety.
  Concerning stability and overall safety, Haiti is still in dire need 
of an adequate policing force to maintain order and halt the escalation 
in kidnappings that are plaguing the nation.
  As of April 2008, the Department of State's current travel warning 
advises Americans that current conditions in Haiti make it unsafe to 
travel due to the potential for looting, the possibility of random 
violent crime, and the serious threat of kidnapping for ransom.
  Madam Speaker, if it is unsafe for our citizens to travel to Haiti, 
then those same conditions should make it much too dangerous and 
inappropriate to forcibly repatriate Haitians at this time. It is 
unfortunate and appalling that our current immigration policies hold 
such harmful double standards.
  I want to make it very clear that I acknowledge and heartily 
congratulate Haiti's efforts toward recovery and to a stable democratic 
government. However, President Preval's nascent democratic government 
still faces immense challenges with regards to rebuilding Haiti's 
police and judicial institutions to achieve the fair and prompt 
tackling of the ongoing political and criminal violence.
  In addition to safety and human rights considerations, halting the 
deportation of Haitians is also an economic matter.
  Under the law, TPS beneficiaries are eligible to obtain work 
authorization permits. The ability for Haitian nationals to legally 
work in the United States puts them in a position to contribute to 
their country's recovery and development until such time when it is 
safe for them to return to Haiti.
  Madam Speaker, the Haitian Diaspora has always played a pivotal role 
in assisting Haiti. It is widely known that Haitians residing in the 
United States often work three jobs to send money back to Haiti each 
month. Many Haitians in the United States often send remittances to 
support family members, and others travel home to lend their expertise 
toward rebuilding and humanitarian efforts.
  Designating Haiti under TPS status would preserve and increase 
remittances--totaling approximately a third of Haiti's GDP--from the 
Haitian Diaspora to relatives and communities in Haiti that are key for 
welfare, survival, and recovery.
  Haiti is more dependent than any other country on remittances with 
nearly a billion dollars a year sent home by Haitians in the United 
States. In fact, remittances to Haiti far exceed foreign aid.
  Now, many Haitian nationals in the United States who previously 
sustained relatives in Haiti through remittances are being deported, 
further depriving Haiti of an important source of financial aid that is 
well-positioned to assist when based here in the United States.
  Madam Speaker, there are currently six countries that are protected 
under the TPS provision: Nicaragua, Honduras, El Salvador, Burundi, 
Somalia, and Sudan. By refusing to give Haiti the TPS designation, our 
inequitable immigration policies continue to send the message that the 
safety of Haitian lives is not a priority compared to that of 
Salvadoran, Honduran, or Sudanese lives.
  We must act to change this perception. Our immigration policies have 
to change. They must reflect fairness and treat Haitians equally to 
Nicaraguans, Hondurans, and Salvadorans whose deportations are 
suspended and who are allowed to work and support their families back 
home.
  The Haitian Protection Act of 2009 is necessary to achieve 
fundamental fairness in our treatment of Haitian immigrants and remedy 
the accurate and widespread perception that U.S. policy has 
discriminated against them.
  Madam Speaker, we cannot deny Haiti this opportunity to help 
stabilize its economy, recover from devastating natural disasters, 
rebuild its political and economic institutions, and provide a future 
of hope for Haiti's people.
  I ask my colleagues to support this legislation and urge the House 
Leadership to bring it swiftly to the House floor for consideration.

                          ____________________




                  TRIBUTE TO MRS. ADA McKINNEY DeVEAUX

                                 ______
                                 

                         HON. KENDRICK B. MEEK

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. MEEK of Florida. Madam Speaker, today I rise to pay tribute to 
the life and legacy of the late Mrs. Ada McKinney DeVeaux, a Miami 
native who was known for her contagious spiritual, humorous, and 
endearing personality. It is with both profound sadness, but also an 
enduring sense of gratitude for the tremendous inspiration she provided 
to the South Florida community.
  Mrs. McKinney DeVeaux was born to Edmund Sr. and Mary Edwards 
McKinney on September 2, 1931 in Miami, Florida. One of the 
distinguished members of Booker T. Washington Senior High's Class of 
1949 or the ``fantastic 49-ers'', she went on to obtain her Bachelor of 
Science degree and a degree in Registered Nursing from Florida 
Agricultural & Mechanical University. Mrs. McKinney DeVeaux was united 
in Holy Matrimony to the late Father Richard DeVeaux.
  A dedicated registered nurse for 42 years, Mrs. McKinney DeVeaux 
distinguished herself in a number of professional appointments 
throughout her nursing career. She served the community at the Dade 
County Health Department's Overtown office, Jackson Memorial Hospital, 
University of Miami Medical School, and retired from the Miami-Dade 
County Health Department as supervisor of nursing in 1997.
  While she was a devoted member of numerous community organizations, 
Mrs. McKinney DeVeaux had a special love and dedication to Alpha Kappa 
Alpha Sorority, Incorporated. Throughout her 57 years of membership, 
some of the leadership roles she assumed were: multi-term chairperson 
of the Gamma Zeta Omega Chapter's annual Ebony Fashion Fair event, 
advisor to the undergraduate Iota Nu Chapter at University of Miami, 
chairperson of the health committee and founding member of the AKA WISH 
Foundation. In recognition of her 50 years of committed membership, she 
was crowned a ``Golden Soror'' in 2004.
  In homage to her profession and the community where she was raised 
(Overtown), she proudly served for 14 years as the recording secretary 
of the board of directors, Jefferson Reaves Sr. Health Center, Inc. 
Also, always the consummate ``Rattler'', she was a life member of the 
Florida Agricultural & Mechanical University Alumni Association.
  Mrs. McKinney DeVeaux remained devoted to her family, and will be 
missed by all who knew her. I offer my heartfelt condolences to her 
family--her children, Jennifer DeVeaux Robinson (Rodney) and Pierre 
Rutledge; sister, Barbara McKinney; brother, Robert L. McKinney, Esq.; 
special brother, Reverend Canon J. Kenneth Major; four grandchildren, 
as well as her nieces, nephews, godchildren, and vast array of friends 
and colleagues.
  Madam Speaker, in the words of her Sorority's mission to provide 
``service to all mankind'', Mrs. McKinney DeVeaux has embodied and 
wholeheartedly embraced this throughout her life. While she will indeed 
be missed, her legacy will live on and the outstanding contributions 
and service she made to the betterment of Miami-Dade County and south 
Florida will never be forgotten.

                          ____________________




            RECOGNIZING VERA BRYANT OF BROOKSVILLE, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
honor Vera Bryant of Hernando County, Florida. Vera will do something 
later this year that all of us strive to do, but that very few of us 
will ever accomplish, celebrate her 100th birthday.
  Vera Bryant was born May 7, 1909, in Twin Lakes, Florida. A native 
Floridian, she married her sweetheart Robert Bryant and together they 
had two beautiful children, both girls. After finishing school, Vera 
worked as a certified nursing assistant for 33 years while raising her 
two children.
  A dedicated church member that gives her much happiness in life, Vera 
attends the Bethlehem Progressive Baptist Church where she is the 
oldest member. Today she spends much of her time visiting with her 
family and her church. At one time, Vera enjoyed delivering the Tampa 
Tribune, where she had her own paper route. Vera said she did a lot of 
volunteer work and was a Lilly White Convention member and sang in the 
church choir.
  Vera's proudest moments now are having time to spend with all of her 
grand, great- and great-great-grandchildren. She also has many

[[Page 213]]

wonderful memories of riding her father's horses. Vera's advice to 
young people today is to be sure to get a good education and make 
something of their lives.
  Madam Speaker, I ask that you join me in honoring Vera Bryant for 
reaching her 100th birthday. I hope we all have the good fortune to 
live as long as her.

                          ____________________




INTRODUCTION OF THE COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF 
                LATIN AMERICANS OF JAPANESE DESCENT ACT

                                 ______
                                 

                          HON. XAVIER BECERRA

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. BECERRA. Madam Speaker, I rise today to introduce the Commission 
on Wartime Relocation and Internment of Latin Americans of Japanese 
Descent Act. This bill would create a commission to review and 
determine facts surrounding the relocation, internment, and deportation 
of Japanese Latin Americans during World War II.
  Almost 30 years ago, Congress established the Commission on Wartime 
Relocation and Internment of Civilians to study the circumstances which 
led to the detention of 110,000 Japanese Americans during World War II. 
After twenty days of hearings, testimony from 750 witnesses, and review 
of thousands of government and military documents, the Commission 
concluded that internment of Japanese Americans was the result of 
racism and wartime hysteria. In its report to Congress titled 
``Personal Justice Denied,'' the Commission stated ``not a single 
documented act of espionage, sabotage or fifth column activity was 
committed by an American citizen of Japanese ancestry or by Japanese 
alien . . .'' The Commission's findings vindicated these loyal 
Americans and President Ronald Reagan's signature of the Civil 
Liberties Act of 1988 brought closure to thousands who suffered 
unspeakable indignities and tremendous losses. However, there remains a 
group who has not yet experienced the closure they deserve or obtained 
the justice to which they are entitled.
  Between December 1941 and February 1948, approximately 2,300 men, 
women, and children of Japanese ancestry were abducted from 13 Latin 
American countries and deported to internment camps in the United 
States. The U.S. Government orchestrated and financed this operation 
with the intention of using these individuals as hostages in exchange 
for Americans held by Japan. Over 800 people, many who were second or 
third generation Latin Americans and had no familial or linguistic ties 
to Japan, were used in two prisoner of war exchanges. The remaining 
detainees were held in U.S. internment camps until after the end of the 
war. In the appendix of ``Personal Justice Denied,'' the Commission 
cited the Federal Government's role in kidnapping and detaining 
Japanese Latin Americans, but acknowledged it had not researched 
documents that exist in distant archives or received official testimony 
from government officials or survivors.
  It is for these reasons that I introduce this very important 
legislation. The Commission on Wartime Relocation and Internment of 
Latin Americans of Japanese Descent Act would create a commission to 
investigate and review the facts with regard to the abduction and 
detainment Japanese Latin Americans during World War II by the U.S. 
Government. Composed of nine members appointed by the President, 
Speaker of the House of Representatives, and President pro tempore of 
the Senate, the commission would be charged with holding public 
hearings and submitting a report of its findings and recommending 
appropriate remedies to Congress.
  I am proud to be working with Senator Daniel K. Inouye of Hawaii, a 
decorated World War II veteran and a tremendous public servant, who is 
also introducing an identical Senate companion measure today. 
Additionally, I am honored to have the indispensable support of the 
wonderful men and women of the Campaign for Justice and the Japanese 
American Citizens League. Without them this effort would lack the heart 
and soul essential to cross the finish line.
  Madam Speaker, now is the time to reconcile our past and complete the 
official narrative on a troubling period in our Nation's history. As we 
commit ourselves to building a better America for our daughters and 
sons, I look forward to working with my colleagues to pass the 
Commission on Wartime Relocation and Internment of Latin Americans of 
Japanese Descent Act.

                          ____________________




                    TRIBUTE TO MURRELL MITCHELL, SR.

                                 ______
                                 

                           HON. HAROLD ROGERS

                              of kentucky

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. ROGERS of Kentucky. Madam Speaker, I rise today to pay tribute to 
Murrell Mitchell, Sr., a pillar of the community in Corbin, Kentucky, 
who sadly passed away on November 18, 2008 at the age of 91.
  Murrell's life was a testament to his love for his community, the 
Commonwealth of Kentucky, his country, and the Lord. A hard worker and 
small business owner, Murrell was a fixture of southeastern Kentucky. 
In addition to his entrepreneurial efforts, Murrell also served as a 
member of the Knox County Kentucky School Board, as well as three terms 
as a Knox County magistrate.
  Murrell was also devoted to serving the Lord and working in his 
church, the Grace Baptist Church in Corbin Kentucky, where he was a 
deacon for many years. As a faithful member of the congregation for 
most of his life, Murrell also served as Sunday school director as well 
as church treasurer.
  Through all of his successes, Murrell had a deep abiding love for his 
family. He was married to his wife, Opal, for over 70 years. Together 
they have been the loving parents of 7 children, 15 grandchildren and 
32 great-grandchildren. Murrell's presence as father, grandfather, 
deacon, and rock of the community will be sorely missed.
  Madam Speaker, I ask my colleagues to join with me in honoring the 
memory of Murrell Mitchell. Although he has departed from us in body, 
his memory will live on in each of us who were honored to know him. 
While we will miss him in this life, we know that his residence today 
is far better than ours is here. And we will be satisfied in that 
knowledge until we meet again.

                          ____________________




                   HONORING BISHOP ROBERT J. CARLSON

                                 ______
                                 

                          HON. DALE E. KILDEE

                              of michigan

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KILDEE. Madam Speaker, I rise today to pay tribute to Bishop 
Robert J. Carlson, Bishop of the Catholic Diocese of Saginaw, as he 
celebrates the 25th anniversary of his Episcopal Ordination. The 
Diocese is celebrating this event in honor of Bishop Carlson at St. 
Stanislaus Kostka Church in Bay City, Michigan, on January 11.
  Bishop Carlson is a native of Minneapolis. He was ordained to the 
priesthood on May 23, 1970, for the Archdiocese of St. Paul and 
Minneapolis. He received his Bachelor of Arts degree in Philosophy and 
his Master of Divinity degree from Saint Paul Seminary. He continued 
his studies at Catholic University of America, receiving his Licentiate 
in Canon Law in 1979.
  On January 11, 1984, Bishop Carlson was ordained as an auxiliary 
bishop for his home archdiocese. In 1994 he was appointed the Bishop of 
Sioux Falls, South Dakota. He served at this post until Pope John Paul 
II directed he become the Bishop of the Diocese of Saginaw. He was 
installed as the fifth Bishop of the Saginaw Diocese on February 24, 
2005.
  Currently Bishop Carlson serves as co-chair of the Mission Advisory 
Committee of the Institute for Priestly Formation, as a member of the 
Canon Law Society of America, a member of the board of the 
International Dominican Foundation, as a member of board of Sacred 
Heart Seminary, a member of the board of Los Cabos Children's 
Foundation, a member of the National Conference of Diocesan Vocation 
Directors. In 2004 he founded the Messengers of Peace Religious 
Community in Colombia.
  Bishop Carlson's pastoral letters, speeches and publications reflect 
his commitment to the Catholic Church, priestly formation, the sanctity 
of human life, and evangelizing. He has written on the Sacraments and 
the role of Bishops in the Church.
  Madam Speaker, I ask the House of Representatives to rise with me and 
applaud the work of Bishop Robert J. Carlson. His motto is, ``Before 
the Cross there is no Defense,'' and expresses his deep faith in Our 
Lord, Jesus Christ. The cross on his coat of arms represents his 
commitment and mission to the faithful entrusted to his custody. Bishop 
Carlson has devoted his life to the care and nurturing of people of the 
Catholic Church and all humanity. The best testament to his life's 
achievement is the love, respect and spiritual growth they reflect back 
to him.

[[Page 214]]



                          ____________________




                   TRIBUTE TO WILLIS ``SNAKE'' MURRAY

                                 ______
                                 

                         HON. KENDRICK B. MEEK

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. MEEK of Florida. Madam Speaker, today I rise to pay tribute to 
the life and legacy of the late Willis ``Snake'' Murray, an outstanding 
Floridian who is one of the most unsung leaders of our Miami-Dade 
County community and Florida.
  A native of Miami, Mr. Murray was born to Willis and Mazie Murray on 
October 9, 1923, in Sanford, Florida. One of the distinguished members 
of Booker T. Washington's Class of 1943, he went on to obtain his 
bachelor's and master's degree from Florida Agricultural & Mechanical 
University, and attended postgraduate studies at Barry University and 
University of Miami.
  An avid football fan, Mr. Murray especially enjoyed attending Florida 
Agricultural & Mechanical University and Miami Dolphins football games 
throughout football season.
  Mr. Murray was a volunteer for the Alliance for Aging advocating for 
seniors, the American Cancer Society and the Miami-Dade County Public 
Schools Youth and Elderly Against Crimes Task Force. He was also a 
strong advocate for seniors. Each year he participated in the American 
Cancer Society Relay For Life, which raises money for cancer research 
and programs.
  Mr. Murray was a staunch believer who abided by the dictum that those 
who have less in life, through no fault of their own, should be helped 
by the government, regardless of their race, creed, age, or gender. As 
a community activist, Mr. Murray had a penchant for being at the 
forefront of African-American and other minority struggles in their 
quest for justice and equality. The unabashed and exemplary service 
demonstrated by Mr. Murray was evident in his desire for youth academic 
excellence and political empowerment for disenfranchised Americans. His 
commendable political activism has motivated countless others from all 
political and philosophical persuasions throughout Florida to follow 
his example of unrelenting defense of the ``forgotten man.'' Moreover, 
his charitable actions toward others served as the quintessential 
embodiment of the Judeo-Christian faith.
  Throughout Mr. Murray's commitment as a community activist, he 
remained devoted to his family. He will be missed by all who knew him. 
I offer my heartfelt condolences to his family--his brother, James 
Murray; daughters, Barbara Walker and Karlar Arthur; and four 
grandchildren.
  Madam Speaker, I ask that my distinguished colleagues join me in 
recognizing Mr. Murray's contributions to south Florida. Mr. Willis 
``Snake'' Murray's life was a triumph. He was blessed with a loving 
family who took pleasure in every aspect of his life and his interests. 
He will be remembered as a true pioneer and community activist.

                          ____________________




           INTRODUCTION OF THE MEDIKIDS HEALTH INSURANCE ACT

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. STARK. Madam Speaker, I rise today to reintroduce the MediKids 
Health Insurance Act of 2009, legislation to provide universal health 
coverage to our Nation's children.
  During the campaign, President-elect Obama spoke of the need to 
mandate coverage to ensure that every child receives needed health care 
services. MediKids is the simplest, most effective means of achieving 
that goal. While it is critical that any reform proposal meet the 
special needs of children, I want to be clear that I am not suggesting 
we start with children or stop with children. I am looking forward to 
working with the new administration and Congressional colleagues on a 
health reform effort for which the goal is assuring comprehensive care 
for everyone. I am open to other proposals and believe that we have to 
look across the board at various options. However, I submit that 
MediKids contains many elements that could be useful in the upcoming 
debate.
  Nearly 9 million children in this country still lack health insurance 
coverage. The majority of these children live in families with at least 
one fulltime worker. Often, their families are not offered coverage by 
their employers at all or they cannot afford the premiums. These 
simple, but sobering, statistics speak to the need for change. Our 
system is fundamentally broken when a working parent cannot get health 
coverage for his or her children.
  Rather than reinvent the wheel, I think we should build on what 
works. When Congress created Medicare more than 40 years ago, our 
Nation's seniors were more likely to be living in poverty than any 
other age group. Many senior citizens were unable to afford needed 
medical services and unable to find health insurance in the private 
market, even if they had the resources. Today, as a result of 
Medicare's success, seniors are much less likely to be shackled by the 
bonds of poverty or to go without needed health care.
  Sadly, children are now the group who are most likely to be living in 
poverty. Kids in America are nearly twice as vulnerable to poverty as 
adults. This travesty is morally reprehensible, and it has grave 
consequences for the future of our country. Our future rests on our 
ability to provide our children with the basic conditions to thrive and 
become healthy, educated, and successful adults. Poor children are 
often malnourished and have difficulty succeeding in school. Untreated 
illnesses only worsen their chance to become productive members of our 
economy. Healthy children are the key to our economic future.
  The MediKids Health Insurance Act would create a new Federal health 
insurance program for children. Modeled after Medicare, MediKids would 
provide comprehensive benefits appropriate to children, simplified 
cost-sharing, prescription drug coverage and mental health parity.
  Every child in America would be automatically enrolled in MediKids at 
birth and maintain that eligibility through age 23. The cost, adjusted 
for income, would be applied to the family's annual tax bill, unless 
they opted for other coverage and showed proof of that coverage. As 
such, parents would retain the choice to enroll eligible kids in 
private plans or other Government programs such as Medicaid or SCHIP. 
However, if a lapse in the other insurance coverage occurred, MediKids 
would automatically fill in the gap.
  MediKids doesn't have complicated enrollment and eligibility hoops. 
Instead, it assures that families will always have access to affordable 
health insurance for their children, and it ensures that all children 
get a truly healthy start in life.
  MediKids was originally written in close collaboration with the 
American Academy of Pediatrics. They have endorsed MediKids as the best 
way to provide health coverage to all our children. The bill has also 
been endorsed by the Children's Defense Fund, Families USA, the 
National Association of Children's Hospitals, and other organizations 
advocating for better health care for America's children. As we work on 
health care reform, we need to pay particular attention to the unique 
needs of our Nation's children. MediKids is a model that accomplishes 
that goal.

                          ____________________




   INTRODUCTION OF THE MEDICARE ACCESS TO REHABILITATION ACT OF 2009

                                 ______
                                 

                          HON. XAVIER BECERRA

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. BECERRA. Madam Speaker, I rise today to introduce the Medicare 
Access to Rehabilitation Act of 2009 with Representatives Roy Blunt and 
Mike Ross. This important bill repeals the monetary caps that limit 
beneficiary access to medically necessary outpatient physical therapy, 
occupational therapy, and speech-language pathology services. Senators 
John Ensign and Blanche Lincoln are introducing this legislation in the 
Senate.
  To remove all uncertainty for Medicare beneficiaries about being able 
to receive the appropriate therapy, the bipartisan Medicare Access to 
Rehabilitation Act of 2009 creates a stable payment environment so that 
health professionals can focus on providing quality health care. 
Rehabilitation services provided by physical therapists, occupational 
therapists, and speech language pathologists are essential to assisting 
individuals reach their highest functional level possible and the 
monetary caps are inconsistent with this objective.
  A March 2008 Center for Medicare and Medicaid Services (CMS) study 
provided evidence that enforcement of the monetary caps could cause 
Medicare beneficiaries harm since it may require them to delay 
necessary medical care, force others to assume higher out-of-pocket 
costs, and disrupt the continuum of care for many seniors and 
individuals with disabilities. Specifically, the study provided data 
that the sickest patients who suffered from Parkinson's disease or who 
have multiple medical problems were most likely to exceed the monetary 
caps.

[[Page 215]]

  Since inclusion of the caps in the Balanced Budget Act of 1997, both 
Democratic and Republican Congresses and administrations have 
interceded to prevent their implementation and enforcement citing the 
negative impact the caps would have on elderly patients' access to 
necessary services. Most recently, Congress extended through 2009 the 
existing medical exceptions process that gives the Secretary of Health 
and Human Services the authority to allow patients to exceed the 
monetary caps if deemed medically necessary.
  Madam Speaker, I urge my colleagues to continue ensuring that 
Americans have access to the highest quality physical therapy, 
occupational therapy, and speech and language pathology services by 
supporting this legislation.

                          ____________________




        HONORING SUPERVISOR ED ROBEY OF LAKE COUNTY, CALIFORNIA

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. THOMPSON of California. Madam Speaker, I rise today to recognize 
Supervisor Ed Robey on the occasion of his retirement from the Lake 
County Board of Supervisors. Supervisor Robey has served the citizens 
of Lake County honorably for 28 years, the last 12 as a County 
Supervisor.
  Supervisor Robey has had an illustrious career in public service. 
Since he was first elected to the Clearlake City Council in 1980, 
Supervisor Robey has consistently gone the extra mile for his 
constituents. The list of boards and commissions he has served on 
during is career is overwhelming. It includes LAFCO, the Area Planning 
Council, the Regional Council of Rural Counties, the California State 
Association of Counties, the Committee working with the Yolo County 
Flood Control District in regard to Clear Lake water rights issues, the 
Proposition 10/First Five Commission, the PEG Board of Directors, North 
Coast Emergency Medical Services, the Lake County Community Action 
Agency Board of Directors, the Area Agency on Aging Board of Directors, 
the North Coast Opportunities Board of Directors, the Caltrans DEAL 
Committee, and the County Reclassification Committee, among many 
others.
  Supervisor Robey will be remembered for his great sense of humor and 
superior accessibility to his constituents. His legislative and 
community accomplishments are much too numerous to be noted here; 
however, the true test of any elected official is if his constituents 
are better off when he retires than when he first took office. This is 
unquestionably the case for Supervisor Robey. The citizens of Lake 
County owe him a great debt.
  Madam Speaker and colleagues, it is appropriate at this time that we 
thank Supervisor Ed Robey for his years of dedication and service on 
behalf of Lake County and beyond. He has been a model of dignified and 
effective public service. I join his wife Beth, his son and two 
stepchildren in thanking Ed and wishing him a lifetime of fulfillment.

                          ____________________




            PROTECTING IMPACT AID FOR NORTH SUBURBAN SCHOOLS

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KIRK. Madam Speaker, today I am introducing a bill to ensure the 
federal government fulfills an important obligation to the families of 
service men and women in my district. In 1950, President Harry Truman 
established the Impact Aid program to assist school districts and 
communities that lose their property tax base because of the presence 
of the federal government. Without this federal money, the burden would 
fall to the remaining residents whose property taxes would continue to 
rise while impacting the quality of education which can be provided. 
The Impact Aid program helps to alleviate this problem by directly 
reimbursing public school districts for the loss of traditional revenue 
sources.
  For years Impact Aid was fully funded and offered some of the 
strongest direct assistance to military families across the Nation. 
Unfortunately, over the last decade we have fallen behind on this 
commitment, and it is time to reverse this trend.
  While I support fully funding the Impact Aid program, I believe the 
situation in my district warrants special attention. In order to ensure 
that our students most in need continue to receive necessary resources, 
I have introduced this bill to help North Chicago to continue to 
qualify for heavily impacted payments, and Glenview and Highland Park 
receive fair compensation.
  Due to a unique housing situation for the Great Lakes Naval Training 
Facility, Impact Aid funding should be higher in five of my school 
districts. This Naval base is located in North Chicago, one of the 
poorest school districts in my state. However, some service members and 
their families live in Navy housing obtained when Ft. Sheridan and 
Naval Air Station Glenview, located in other suburbs, were closed in 
the 1990's. These former bases are located within the boundaries of 
other school districts that now must bear the economic cost of 
educating children from a base, but receive none of the economic 
benefits a base provides. Thus, it is vitally important that we both 
ensure North Chicago continues to receive heavily impacted payments for 
the benefit of students living there, and that the surrounding 
communities are more fairly compensated for their loss of property 
taxes.
  By passing this bill, the federal government will be fulfilling its 
responsibility to these communities, and giving our military families 
the support they deserve.

                          ____________________




      INTRODUCTION OF THE BALANCED BUDGET CONSTITUTIONAL AMENDMENT

                                 ______
                                 

                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. GOODLATTE. Madam Speaker, I rise to re-introduce legislation that 
will amend the United States Constitution to force Congress to rein in 
spending by balancing the federal budget.
  It is common sense to American families that they cannot spend more 
than they have--yet far too frequently, this fundamental principle has 
been lost on a Congress that is too busy spending to pay attention to 
the bottom line.
  Our federal government must be lean, efficient and responsible with 
the dollars that our Nation's citizens worked so hard to earn. We must 
work to both eliminate every cent of waste and squeeze every cent of 
value out of each dollar our citizens entrust to us. Families all 
across our Nation understand what it means to make tough decisions each 
day about what they can and cannot afford and government officials 
should be required to exercise similar restraint when spending the 
hard-earned dollars of our Nation's citizens.
  Congress took a dramatic step forward during the 109th Congress when 
it passed the Deficit Reduction Act. This law found savings of 
approximately $40 billion over five years by eliminating wasteful 
spending and programs. This legislation was an important first step, 
but it was just that--a first step. Furthermore, the legislation was 
passed by the Senate by a margin of just one vote and was passed by the 
House by a margin of two votes, which shows exactly how difficult the 
task of balancing the budget is--and how important it is to force 
Congress to do so. This is exactly why I am re-introducing this 
legislation today.
  My legislation, which garnered 163 bipartisan cosponsors in the 110th 
Congress, would amend the Constitution to require that total spending 
for any fiscal year not exceed total receipts and require the President 
to propose budgets to Congress that are balanced each year. It would 
also provide an exception in times of war and during military conflicts 
that pose imminent and serious military threats to national security.
  Furthermore, the legislation would make it harder to increase taxes 
by requiring that legislation to increase revenue be passed by a true 
majority of each chamber and not just a majority of those present and 
voting. Finally, the bill requires a 3/5 majority vote for any 
increases in the debt limit.
  This concept is not new. 49 out of 50 states have a balanced budget 
requirement.
  It has become clear that it is extremely difficult for Congress to 
agree on a budget that is fiscally responsible. By amending the 
Constitution to require a balanced budget, we can force Congress to 
control spending, paving the way for a return to surpluses and 
ultimately paying down the national debt, rather than allow big 
spenders to lead us further down the road of chronic deficits and in 
doing so leave our children and grandchildren saddled with debt that is 
not their own.
  Our Nation faces many difficult decisions in the coming years, and 
Congress will face great pressure to spend beyond its means rather than 
to make difficult decisions about spending priorities. Unless Congress 
is forced to make the decisions necessary to create a balanced budget, 
it will always have the all-too-tempting option of shirking this 
responsibility. The Balanced Budget Constitutional amendment is a 
common sense approach to

[[Page 216]]

ensure that Congress is bound by the same fiscal principles that 
America's families face each day.
  I urge support of this important legislation.

                          ____________________




       INTRODUCTION OF THE UDALL-EISENHOWER ARCTIC WILDERNESS ACT

                                 ______
                                 

                         HON. EDWARD J. MARKEY

                            of massachusetts

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. MARKEY. Madam Speaker, today, I am introducing the Udall-
Eisenhower Arctic Wilderness Act, which would give permanent protection 
to the coastal plain of the Arctic National Wildlife Refuge. This 
legislation also honors two great American visionaries--President 
Dwight Eisenhower and Representative Morris Udall--by designating this 
pristine wild place as wilderness in their names. President 
Eisenhower--a Republican--began the bipartisan legacy of fighting to 
protect this special place for future generations of Americans when he 
set aside the core of the Refuge in 1960. Twenty years later, in 1980, 
Representative Morris Udall--a Democrat--succeeded in doubling the size 
of the Refuge and protecting even more of this untrammeled wilderness.
  President Eisenhower and Rep. Mo Udall had the vision to protect a 
remote but very special piece of pristine wilderness. I am proud to 
introduce legislation today that would complete the job they began by 
permanently protecting the coastal plain of the Arctic Refuge from oil 
drilling.
  I am also proud to once again introduce this legislation under the 
bill number H.R. 39, a bill number with important historical 
significance in the fight to preserve the land within the Arctic 
Refuge. H.R. 39 was the bill number given to Mo Udall's Alaska Natural 
Interest Lands Conservation Act that became law in 1980. This Act 
expanded the area President Eisenhower had originally set aside and 
renamed it as the Arctic National Wildlife Refuge. Rep. Udall later 
began introducing his legislation to designate the coastal plain of the 
Refuge as wilderness under that same bill number. Introducing the 
Udall-Eisenhower Arctic Wilderness Act under the bill number H.R. 39 
offers an important reminder of the history of the fight to protect 
this special place.
  The coastal plain is the biological heart of the Refuge and is 
central to the survival of many unique species of animals including 
polar bears, caribou, musk oxen, wolves, and over 160 species of birds. 
The U.S. Fish and Wildlife Service calls the coastal plain the ``center 
for wildlife activity'' in the Refuge. If we were to allow drilling in 
the Refuge it would irreparably disrupt this important ecosystem and 
one of our last great wild places will be forever destroyed.
  We know that the Arctic is already feeling the strains of global 
warming. Alaska has warmed at four times the rate of the rest of the 
planet over the last fifty years and the impacts of a warming Arctic on 
iconic species such as the polar bear are disastrous. Last year, the 
Bush Administration listed the polar bear as 'threatened' under the 
Endangered Species Act because of melting sea ice and government 
scientists project that the prospects for the polar bear's survival are 
bleak. A team of scientists at the U.S. Geological Survey released a 
series of reports at the end of 2007 which concluded that by mid-
century, two-thirds of all the world's polar bears could disappear and 
that polar bears could be gone entirely from Alaska. The USGS team also 
noted that based on recent observations, this dire assessment could 
actually be conservative.
  The 111th Congress marks a time of real change for our nation's 
energy policy. The Bush Administration and Republicans in Congress have 
argued for a shortsighted energy policy of ``drill, drill, drill'' that 
would forever sacrifice our beaches and most pristine wilderness areas 
for a few short months worth of oil. The United States consumes 25 
percent of the world's oil but controls only 3 percent of the world's 
oil reserves. We cannot drill our to way energy independence. But we 
can enact smart, green energy policies that can simultaneously grow our 
economy, spur technological innovation, protect our environment, reduce 
global warming pollution and end our addiction to oil.
  There are some places in our world that are so rare and so special 
that we have a responsibility to protect them. The Arctic Refuge is one 
of those places. Protecting the Arctic Refuge will send a strong 
statement of our nation's intent to preserve America's pristine 
wilderness areas, break our dangerous addition to oil, and kick-start a 
green revolution to create jobs, grow the economy, and promote energy 
independence.
  As Mo Udall said, ``In our lifetime, we have few opportunities to 
shape the very Earth on which our descendants will live their lives. In 
each generation, we have carved up more and more of our once-great 
natural heritage. There ought to be a few places left in the world the 
way the Almighty made them.'' The Udall-Eisenhower Arctic Wilderness 
Act will ensure that the Arctic National Wildlife Refuge is forever 
protected for future Americans and never carved up by the big oil 
companies.

                          ____________________




       IMMIGRATION ENFORCEMENT AND SOCIAL SECURITY PROTECTION ACT

                                 ______
                                 

                           HON. DAVID DREIER

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. DREIER. Madam Speaker, over the last few years we have spent 
considerable time on the extremely important issue of immigration and 
homeland security. In the 108th Congress, we passed the National 
Intelligence Reform Act, a landmark piece of legislation to overhaul 
our intelligence agencies. But, as I noted at that time, the bill 
unfortunately did not go far enough in addressing the major security 
vulnerability presented by the porous nature of our borders.
  Recognizing that need, in the 109th Congress we debated immigration 
extensively and even passed H.R. 4437, the Border Protection, 
Antiterrorism, and Illegal Immigration Control Act of 2005. 
Regrettably, the Senate failed to act on this important piece of 
legislation. In the 110th Congress, the House passed legislation to 
reauthorize the Basic Pilot, or E-Verify, employment verification 
program.
  A tremendous amount of work remains in the effort to secure our 
borders. That is why I am reintroducing the Immigration Enforcement and 
Social Security Protection Act, which is designed to eliminate up to 98 
percent of the illegal border crossings into the United States.
  I believe that any effort to end illegal immigration will be viable 
only if it addresses the root cause of what attracts illegal immigrants 
to our country: the lure of economic opportunity and the ease with 
which illegal workers can find jobs. Under the Immigration Enforcement 
and Social Security Protection Act, we will dramatically increase the 
enforcement of laws which prohibit American businesses from employing 
illegal immigrants. The growing availability of counterfeit identity 
documents has undermined the current system because employers find it 
increasingly difficult to establish the authenticity of documents 
presented by job applicants. As a result, too many employers have been 
either unable or unwilling to comply with the law.
  Our legislation adds new features to the Social Security card to 
deter counterfeiting and make it easier for employers to determine 
whether a card is genuine by including a digitized photo of the 
cardholder on the card. The improved Social Security card will also be 
encoded with a unique electronic encryption code to allow employers to 
verify each prospective applicant's work eligibility status prior to 
hiring, through either an electronic card-reader or a toll-free 
telephone number. The Department of Homeland Security will be required 
to establish and maintain an Employment Eligibility Database with an 
individual's proof of citizenship data, work, and residency eligibility 
information, including expiration dates for non-citizens. This database 
will also include information from the Social Security Administration 
that the Commissioner determines necessary and appropriate for the 
purpose of verifying an individual's work eligibility status. Employers 
who hire an illegal immigrant or choose not to verify a prospective 
employee's work eligibility will face stiff federal fines of $50,000 
and up to 5 years in prison. The employer would also be required to 
reimburse the government for the cost of deporting the illegal 
immigrant. Moreover, this bill provides that no officer or employee of 
Department of Homeland Security shall have access to any information 
contained in the Employment Eligibility Database for any purpose other 
than the establishment of a system of records necessary for the 
effective administration of this Act, and will impose penalties of 
$10,000 in fines and mandatory-minimum sentence of 5 years in prison on 
anyone who misuses information on the database.
  With the improved Social Security card and national verification 
system, prospective employees will have no way of obtaining fraudulent 
identification documents. By improving the employment verification 
process, we can eliminate the supply of jobs for illegal workers and 
end the employment magnet that draws them here. Under this bill, legal 
workers will only

[[Page 217]]

need to update their Social Security card once to have their photo 
placed on the card and for other long-overdue anti-fraud measures to be 
applied. Moreover, a worker would only need the updated Social Security 
card when applying for a new job. I want to make it absolutely clear 
that this proposal does not represent the creation of a national 
identification card. This bill strictly prohibits the use of the Social 
Security card as a national ID card, and stipulates that the card not 
be required to be routinely carried on one's person. Because Social 
Security cards are already required to be provided to new employers, 
the changes proposing in this bill take us no further down the road of 
creating a national ID card. It should also be noted that the 
government already has the information that would be contained in the 
Employment Eligibility Database. An individual's eligibility to work 
under the law is dependent on whether they are a U.S. citizen, and if 
not, their immigration status. Finally, the Immigration Enforcement and 
Social Security Protection Act also puts teeth into the new enforcement 
procedures by calling for the addition of 10,000 new Homeland Security 
officers whose sole responsibility will be to enforce employer 
compliance with the law. These new agents will free up the rest of the 
Border Patrol to exclusively focus on border enforcement and terrorism 
prevention.
  This bill is in no way meant to send a message that we intend to 
limit opportunities for the American dream to be fulfilled. However, we 
are a Nation of laws and if individuals wish to pursue opportunities in 
the United States, they must play by the rules and we must make clear 
that there will be no economic opportunity for anyone who enters this 
country illegally. I look forward to continuing to work with my 
colleagues in this effort, and hope they will consider joining me as we 
take action on this vital national security priority.
  I would like to thank the original co-sponsors of this legislation, 
including, Mr. Reyes of Texas, who began his career in public service 
with the U.S. Immigration and Naturalization Service in the U.S. Border 
Patrol, where he worked for 26\1/2\ years. I would also like to thank 
the original co-sponsors from my home state of California, including 
Mr. Issa, Mr. Calvert, the author of the Basic Pilot Program, and Mr. 
Bilbray, the Chairman of the Immigration Reform Caucus.

                          ____________________




           INTRODUCTION OF THE SHARK CONSERVATION ACT OF 2009

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. BORDALLO. Madam Speaker, today I have reintroduced a bill to 
amend the High Seas Driftnet Fishing Moratorium Protection Act and the 
Magnuson-Stevens Fishery Conservation and Management Act to improve the 
conservation of sharks. In the 110th Congress, the House of 
Representatives passed this legislation, H.R. 5741 or the ``Shark 
Conservation Act of 2008,'' by voice vote under suspension of the 
rules. The Senate, however, was unable to take action on the bill 
received by the House or on its companion bill, S. 3231, before it 
adjourned. I have, therefore, reintroduced this bill today given the 
ongoing necessity for improved shark conservation and its benefits for 
ocean ecosystems.
  Sharks are long-lived apex predators, which breed slowly, making it 
difficult for them to maintain populations under fishing pressure. 
Sharks have been increasingly exploited in recent decades, both as 
bycatch in the pelagic longline fisheries from the 1960s onward, and as 
targets in direct fisheries that expanded rapidly in the 1980s. The 
rising demand for shark fins over past decades has also led to 
increases in the particularly exploitive practice of shark finning, 
where fins of sharks are removed and the carcass is discarded at sea.
  According to scientists, scalloped hammerhead, white, and thresher 
shark populations are each estimated to have declined by over 75 
percent in the past 15 years due in large part to these fishing 
pressures. Removing these top predators drastically changes the food 
web structure, marine diversity, and ecosystem health. Addressing the 
practice of shark finning is an imperative step toward the conservation 
of sharks and marine ecosystems.
  Congress recognized shark finning as an inherently wasteful practice 
in enacting the Shark Finning Prohibition Act of 2000 (Public Law 106-
557). This Act prohibits U.S. fishermen from removing the fins of 
sharks and discarding the carcass at sea, and from landing or 
transporting shark fins without the corresponding carcass.
  The Shark Conservation Act of 2009 includes several measures to 
strengthen the implementation and enforcement of that prohibition and 
would ensure that the intent of Congress is achieved. First, the bill 
eliminates an unexpected enforcement loophole related to the transport 
of shark fins by prohibiting vessels from having custody, control, or 
possession of shark fins which are not naturally attached to the 
corresponding carcass. This is intended to ensure that U.S.-flagged 
vessels are not traveling to the high seas and purchasing fins from 
fishermen engaged in shark finning and bringing them into U.S. waters 
in an attempt to skirt the finning prohibition. The bill further 
strengthens the enforcement of the existing ban on shark finning by 
calling for sharks to be landed with their fins naturally attached. 
This ``fins-attached'' landing strategy simplifies enforcement of the 
Shark Finning Prohibition Act. It is also consistent with the National 
Marine Fisheries Service, NMFS, final rule, which took effect on July 
24, 2008, and which implements the management measures described in the 
final Amendment 2 to the Atlantic Highly Migratory Species Fishery 
Management Plan and strengthens enforcement of existing law in U.S. 
Atlantic waters by requiring that sharks be landed with their fins 
attached.
  Finally, the Shark Conservation Act of 2009 amends the High Seas 
Driftnet Fishing Moratorium Protection Act to allow the Secretary of 
Commerce to identify and list nations that have not adopted a 
regulatory program for the conservation of sharks comparable to the 
United States. This amendment promotes the conservation of sharks 
internationally and in a manner that is consistent with the 
expectations placed on U.S. fishermen.
  The bill is further consistent with the United States position in the 
United Nations relative to Resolution 62/177 that was adopted by the 
United Nations General Assembly on December 18, 2007, and which calls 
upon nation-states to take immediate and concerted action to improve 
the implementation of and compliance with national measures that 
regulate shark fisheries, including management efforts to require that 
all sharks be landed with each fin naturally attached.
  The Shark Conservation Act of 2009 reestablishes the intended 
protections for sharks under U.S. law. I look forward to working with 
my colleagues on both sides of the aisle to again pass this timely and 
important bill in the House of Representatives. I also hope it will 
receive favorable action and consideration by the other body in the 
111th Congress.

                          ____________________




               TERRORIST REWARDS ENHANCEMENT ACT OF 2009

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. KIRK. Madam Speaker, today I am introducing the Terrorist Rewards 
Enhancement Act. This bill will assist in our fight against terrorism 
around the globe. Currently, the terrorist rewards program run by the 
State Department assists in our hunt for terrorists by promising a cash 
reward or other type of reward for information leading to the arrest of 
some of the world's most deadly terrorists. This program has been very 
successful in the past in apprehending key people including Mir Amal 
Kansi, a terrorist who had murdered two CIA employees and injured three 
others in a 1993 shooting outside CIA headquarters in Virginia.
  Under current law, the U.S. may not pay a reward to an officer or 
employee of another government. I have traveled to Pakistan each of the 
last 4 years, where I met with a number of government officials. At the 
strong suggestion of Pakistan's ISI and IB intelligence and police 
bureaus, I believe the President should be able to pay such a reward to 
anyone having information leading us to the greatest terrorists. If 
there is anyone, anywhere, even if they work for a Pakistani government 
agency, who has information about the whereabouts of Osama bin Laden, 
we should be doing all we can to elicit that information.
  With the increasing number of cross-border incursions into 
Afghanistan coming from the Waziristan region of Pakistan, it is more 
important than ever to develop a complete picture of where al Qaeda and 
Taliban terrorists are hiding. We need to provide our State Department 
and intelligence officials with all the possible tools to aid in the 
capture of the world's number one terrorist. The Terrorist Rewards 
Enhancement Act will provide one more of these tools.

[[Page 218]]



                          ____________________




         INTRODUCTION OF THE VETERANS HEALTH EQUITY ACT OF 2009

                                 ______
                                 

                         HON. CAROL SHEA-PORTER

                            of new hampshire

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. SHEA-PORTER. Madam Speaker, today, I introduced The Veterans 
Health Equity Act of 2009. This legislation requires the Department of 
Veterans Affairs to ensure that every State has a full-service veterans 
hospital, or access to equivalent care in-state. I have been calling 
for the VA to provide full-service medical care to New Hampshire's 
veterans since October of 2007 and introduced identical legislation in 
the 110th Congress.
  New Hampshire has not had a full-service veterans hospital since 2001 
and is the only State without a full-service VA hospital or comparable 
facility. While New Hampshire may be a small State, it has a veteran 
population over 130,000.
  Because we lack a veterans hospital, New Hampshire's veterans are 
often forced to travel out-of-state for medical care. Veterans 
traveling from the most Northern parts of the State may have to travel 
three hours to Manchester and then may be forced to travel up to 2 
hours to Boston, if they are referred there for their care.
  Unfortunately, this routinely happens--each year, hundreds of 
patients are referred to the Boston, MA or White River Junction, VT 
facilities.
  It is simply a matter of fairness that our veterans in New Hampshire 
be afforded the same services as veterans in every other State. Though 
New Hampshire may be a small State, even smaller States with fewer 
veterans have full-service care available.
  I am a realist, and a fiscal conservative. That is why my legislation 
does not require the VA to construct a full-service hospital in 
Manchester if it is not economically feasible. Instead, the Department 
could work with health care providers in the state to provide care 
through local hospitals.
  The Manchester VA facility has done a great job of reaching out to 
local partners and getting our vets access to as much local care as 
possible within their current restrictions. In fact, they have 
submitted a business plan that would allow them to contract with more 
local health care providers. I urge the Department to strongly consider 
this business plan. Its approval would make a big difference in the 
quality and accessibility of care for New Hampshire's veterans.
  If the VA will not consider restoring Manchester to a full-service 
facility or ensuring that New Hampshire veterans have access to care in 
New Hampshire, Congress must do so.
  Our veterans, regardless of the services they need, deserve the same 
care their counterparts receive in every other State. It is 
unconscionable that we deny them this full-service care and instead 
offer them ad hoc services.
  I will continue to work with the Director of the New Hampshire VA and 
with the new Obama Administration to ensure that our veterans have care 
in New Hampshire. Last summer's expansion of radiation services proves 
that the VA can work to ensure that local care is available. It is time 
for the VA to go further and for the government to live up to the 
promises we've made to those who have served so honorably.

                          ____________________




    HONORING FORMER U.S. REPRESENTATIVE CHARLES T. CANADY UPON HIS 
         INVESTITURE AS A JUSTICE TO THE FLORIDA SUPREME COURT

                                 ______
                                 

                          HON. ADAM H. PUTNAM

                               of florida

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. PUTNAM. Madam Speaker, I rise today to pay tribute to a former 
member of this body, Representative Charles T. Canady on the occasion 
of his investiture as a Justice to the Supreme Court of the State of 
Florida.
  During his tenure in the U.S. House of Representatives, Justice 
Canady served this nation and the people of the 12th Congressional 
District, which I now represent, with honor and distinction. His 
steadfast commitment toward upholding the laws and principles on which 
our nation was founded, will serve the people of the State of Florida 
well through his appointment as a Justice to the Florida Supreme Court.
  Born in Lakeland, Florida, Justice Canady earned his B.A. from 
Haverford College in 1976 and Doctorate of Jurisprudence from Yale 
University in 1979. Thereafter, he practiced law in Lakeland at the 
firm of Holland and Knight and with the Lane, Trohn, Clarke, Bertrand 
and Williams law firm. In 1984, he was elected to the Florida House of 
Representatives where he served through 1990.
  In 1992, Justice Canady was elected to the 103rd Congress and served 
four terms in the United States House of Representatives from January 
1993 to January 2001. Throughout his tenure in Congress, Justice Canady 
was an active member of the House Judiciary Committee. For three terms 
from January 1995 to January 2001, former Rep. Canady was the Chairman 
of the House Judiciary Subcommittee on the Constitution. In this 
capacity, his efforts toward protecting and defending the laws of our 
nation made a lasting mark not only on this body, but on the American 
people for whom we are called serve.
  While a member of the House of Representatives, Former Rep. Canady 
worked with steadfast dedication and fortitude on the issues found at 
the core of our country's belief system. Among his contributions 
include passage into law of the Religious Liberty Protection Act, which 
protects all citizens' right to exercise their religious freedoms. He 
also championed the Civil Rights Act of 1997, the Partial-Birth 
Abortion Ban Act, the Religious Land Use and Institutionalized Persons 
Act, the Private Property Rights Implementation Act, Equal Opportunity 
Act, as well as the Family Caregiver Enumeration Act.
  Appointed as a House Manager to conduct the presidential impeachment 
proceedings, he worked to uphold the laws of our nation through his 
unwavering commitment to the principles of the Constitution of the 
United States and the governing rules of our country.
  Justice Canady kept his term limits pledge, and did not seek 
reelection to a fifth term in 2000. After leaving Congress, Justice 
Canady returned to the practice of law, serving as counsel to Governor 
Jeb Bush. In 2002, Governor Bush appointed him to Florida's Second 
District Court of Appeal. On August 27, 2008, Governor Charlie Crist 
nominated Justice Canady to the Florida Supreme Court. His nomination 
was confirmed and Justice Canady took his seat as the 82nd Associate 
Justice to the Florida Supreme Court on September 8, 2008, and was 
sworn-in through a formal investiture on December 3, 2008.
  Former Congressman Charles T. Canady resided until his appointment to 
the Florida Supreme Court in Lakeland, Florida, and is married to wife 
Jennifer and has two daughters, Julia and Anna. Charles T. Canady is 
the son of Charles and Delores Canady.

                          ____________________




       INTRODUCTION OF THE AMERICARE HEALTH INSURANCE ACT OF 2009

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. STARK. Madam Speaker, it gives me great pleasure to reintroduce 
the AmeriCare Health Care Act of 2009. I have often spoken before this 
body about the great need to reform our health care system. For too 
long, we have been plagued with an inadequate patchwork system that 
today leaves nearly 46 million Americans uninsured. We spend more per 
person than any other country in the world, yet our health outcomes lag 
well behind that of other industrialized nations.
  The failing economy is even more proof of our need to act now. Our 
broken health system is a tremendous financial burden on our Nation's 
families and businesses alike. Since 1999, family premiums for 
employer-sponsored insurance have increased 119 percent, nearly 4 times 
the increase in wages (34 percent) and inflation (29 percent) during 
that same time. About one in three Americans reported a serious problem 
``paying for health care and health insurance'' in October 2008. Half 
of all bankruptcies can be traced to medical bills. 49 percent of 
people in foreclosure named medical problems as a cause of their 
financial difficulties.
  According to the New America Foundation, our economy lost as much as 
$207 billion last year because of the poor health and shorter lifespans 
of those without health insurance. General Motors spends more on health 
care than on steel. While I'm not suggesting we import the Canadian 
health system, it is worth highlighting that if we paid the same amount 
for health care as Canada, G.M. would have accumulated an additional 
$22 billion in profits over the last decade. Inadequate health coverage 
is crippling our economy.
  The President-elect declared that health care reform should happen 
``this year''. Chairman Rangel and I are ready to work with him, 
Chairmen Waxman and Miller, our leadership and the Senate to achieve 
this goal.
  AmeriCare is a template of a way that we can achieve universal health 
care. AmeriCare

[[Page 219]]

is built on a framework that is consistent with many of the principles 
that President-elect Obama identified during the campaign.
  Like President-elect Obama's plan, it includes a public plan option. 
It uses Medicare's existing administrative infrastructure, but improves 
upon Medicare's benefits to address some of the current gaps in 
coverage. A public plan option is the only way to ensure that 
beneficiaries have access to an option that promotes people over 
profit. As Medicare itself includes both public and private plan 
options, one could make the case that AmeriCare has an exchange, like 
Obama's plan as well.
  Like President-elect Obama's plan, it maintains employer sponsored 
coverage. People can keep the coverage they have if they like it. We 
need to build on what works, not create an entirely new system.
  Like President-elect Obama's plan, it includes a pay-or-play 
component to ensure that the private sector continues to play a role in 
providing health care.
  AmeriCare meets the Health Care for America Now! reform principles. 
It was endorsed last year by the coalition, as well as provider groups, 
beneficiary advocates, and unions including: American Academy of 
Pediatrics, American Nurses Association, Center for Medicare Advocacy, 
Consumers Union, Families USA, National Association of Community Health 
Centers, National Association of Public Hospitals, SEIU, Universal 
Health Care Action Network.
  AmeriCare is a practical proposal to ensure that everyone has 
affordable health coverage in our country. It builds on what works in 
today's health care system to provide simple, affordable, reliable 
health insurance. I look forward to working with President-elect Obama 
as he assumes the office of the President to achieve a universal health 
care program that meets the principles that he will outline to 
Congress.
  I will submit for the Record a short summary of AmeriCare. More can 
be found on my website at http://www.house.gov/stark.

                   AmeriCare Health Care Act of 2009

       Overview: The AmeriCare Health Care Act (``AmeriCare'') is 
     a practical proposal to ensure that everyone has health 
     coverage in our country. It builds on what works in today's 
     health care system to provide simple, affordable, reliable 
     health insurance. People would be covered under the new 
     AmeriCare system, modeled on Medicare, or they would continue 
     to obtain health coverage through their employer.
       Using the administrative efficiencies within Medicare and 
     building on the existing coverage people receive through 
     their jobs today, we can create an affordable, efficient, and 
     stable universal health care system in America--and guarantee 
     access to medical innovation and the world's most advanced 
     providers and facilities.
       Structure and Administration: Creates a new title in the 
     Social Security Act, ``AmeriCare.'' Provides universal health 
     care for all U.S. residents, with additional coverage for 
     children (under 24), pregnant women, and individuals with 
     limited incomes (< 300 percent FPL). Sets out standards for 
     supplemental plans with a focus on consumer protection. 
     Requires the Secretary to negotiate discounts for 
     prescription drugs.
       Benefits: Adults receive Medicare Part A and B benefits; 
     preventive services, substance abuse treatment, mental health 
     parity; and prescription drug coverage equivalent to the BC/
     BS Standard Option in 2008. Children receive comprehensive 
     benefits and Early and Periodic Screening, Diagnostic, and 
     Treatment (EPSDT) coverage with no cost-sharing.
       Cost Sharing: There is a $350 deductible for individuals/ 
     $500 for families (indexed over time), and 20 percent 
     coinsurance. Total spending (premiums, deductibles, and co-
     insurance) is capped at out-of-pocket maximum of $2,500 
     individual/$4,000 family (indexed over time), or 5 percent of 
     income for beneficiaries with income between 200 percent-300 
     percent FPL and 7.5 percent of income for beneficiaries with 
     income between 300 percent-500 percent FPL. There is no cost 
     sharing for children, pregnant women and low-income 
     individuals (below 200 percent FPL). Sliding scale subsidies 
     are in place for cost-sharing for individuals between 200 
     percent and 300 percent FPL.
       Financing: At April 15 tax filing each year, individuals 
     either demonstrate equivalent coverage through their employer 
     or pay the AmeriCare premium based on cost of coverage and 
     class of enrollment (individual, couple, unmarried individual 
     with children, or married couple with children). Employers 
     may either pay 80 percent of the AmeriCare premium or provide 
     equivalent benefits through a group health plan (the 
     contribution for part-time workers is pro-rated). AmeriCare 
     does not affect contracts or collective bargaining agreements 
     in effect as of the date of enactment, and employers may 
     choose to provide additional benefits. Employers with fewer 
     than 100 employees have until January 1, 2014 to comply 
     (employees of small businesses would still only pay 20 
     percent of the premium).

                          ____________________




                      TRIBUTE TO TERRY TOEDTEMEIER

                                 ______
                                 

                             HON. DAVID WU

                               of oregon

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. WU. Madam Speaker, I rise today to remember a man who dedicated 
his life to the art of photography and the history of Oregon, Terry 
Toedtemeier. We sadly lost Terry on December 10, 2008. Terry served as 
the curator of the Portland Art Museum's photography collection and was 
widely known as one of the Pacific Northwest's finest landscape 
photographers. Terry and a colleague had recently published a book, 
Wild Beauty: Photographs of the Columbia River Gorge, 1867-1957, and 
Terry had finished curating a show of the same name at the Portland Art 
Museum.
  Terry Toedtemeier was a passionate explorer of the Gorge and one of 
its greatest interpreters. He was a trained geologist, photographer, 
photo historian, curator, and educator, who realized this stretch of 
the Columbia River is one of the natural wonders of America. Terry 
studied geology at Oregon State University. He had a strong desire to 
understand the forces of the earth that created the world around us, 
and it was being outdoors and experiencing Oregon's geological features 
that inspired him. As a student, one day Terry spied through fog-
obscured sunlight a freshly plowed field and in the middle, growing 
serenely, a tree that he could only describe later as ``scrubby'' and 
``a wreck.'' Terry took a photo and when he printed the image he said 
that he understood ``this creative possibility with the camera.''
  A colleague of his noted that Terry had immersed himself in the 
photographic history of the Northwest over the course of his career. 
Terry's curated show at the Portland Art Museum, Wild Beauty, revealed 
his technical expertise in describing geologic and geographic changes, 
as well as a photographic history of the Gorge over 90 years, ending in 
1957 when the construction of The Dalles Dam submerged one of the last 
great Native American fishing grounds at Celilo Falls.
  From the images taken by Carleton Watkins in 1867 when Americans were 
first establishing industry in the West, to those by Al Monner as the 
federal government was constructing hydroelectric dams throughout the 
area, the Columbia River Gorge has served as a place of meditation, 
wonder, and discovery for artists. It has been Terry's astute effort 
that has brought these artists' visions together to teach us about the 
vastness, power, and beauty of the Columbia River Gorge.
  Madam Speaker, I commemorate the life of Terry Toedtemeier and share 
with you his commitment to the preservation of our knowledge and 
history in the Pacific Northwest and the Columbia River Gorge. I 
believe in his work reflects why we must act to protect and preserve 
the crown jewel of Oregon's natural heritage.