[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[Issue]
[Pages 12657-12738]
[From the U.S. Government Publishing Office, www.gpo.gov]

  


[[Page 12657]]

                           VOLUME 155--PART 10


                      SENATE--Monday, May 18, 2009


  The Senate met at 2 p.m. and was called to order by the Honorable 
Mark R. Warner, a Senator from the Commonwealth of Virginia.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Eternal Lord God, we are reminded of Your mercies that have been of 
old; You have been our dwelling place in all generations, before the 
mountains were brought forth or ever You had formed the Earth and sea. 
From everlasting to everlasting, You are God.
  Guard and guide our Senators. Provide them with a sense of purposeful 
direction. Give Your enabling grace to our legislative leaders that 
they may unite their best efforts for the health and strength of the 
Nation and for peace and justice in our world. Cleanse anything in them 
that would block the flow of Your joy. May love for You be the motive 
for their work, as they strive to live worthy of Your grace.
  We pray in Your sacred Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Mark R. Warner 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.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                     Washington, DC, May 18, 2009.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Mark R. Warner, a Senator from the Commonwealth of Virginia, 
     to perform the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. WARNER thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, following remarks of the leaders, the Senate 
will be in a period of morning business, with Senators allowed to speak 
for up to 10 minutes each. There will be no rollcall votes today. The 
next vote will be tomorrow morning at about 10 a.m. That vote will be 
on the motion to invoke cloture on the substitute amendment to H.R. 
627, the credit card bill.

                          ____________________




                  FINAL WEEK OF APRIL/MAY WORK PERIOD

  Mr. REID. Mr. President, in these past few weeks, we have seen the 
good that can happen when we look out for Main Street, not just Wall 
Street. We have accomplished a lot. This work period has been 
tremendously productive, but we have a lot to finish this week before 
we can adjourn for Memorial Day. We have to finish an important bill 
that puts fairness and common sense back into credit cards--those 
credit cards we use every day. It stops companies from taking advantage 
of their customers with hidden charges and misleading terms. We need to 
finish a bill we passed a couple weeks ago that will crack down on 
corporate fraud and mortgage scams. We need to finish a bill that will 
help millions of families keep their homes. We need to finish a bill 
that reins in out-of-control Government contractors who waste taxpayer 
money, the so-called procurement bill. We need to confirm President 
Obama's nominee to be Deputy Secretary of the Department of the 
Interior--a man who is supremely qualified and held the same position 
in President Clinton's Cabinet. Finally, we have to pass a supplemental 
appropriations bill to give our troops the tools they need to succeed 
as they fight in two wars. This funding will strengthen our military, 
rebuild our standing in the world, and reduce our key security threats.
  So I hope this week we can cap off a productive and successful work 
period with another fruitful week, but it will take the cooperation of 
both Democrats and Republicans to do this. I have had a brief 
conversation with the floor staff, and it is something we should be 
able to do fairly quickly. I hope that, in fact, is the case. I look 
forward to visiting, sometime today, with my counterpart, the 
Republican leader, to see what we can do to work toward this common 
goal of finishing our work as quickly as we can. We all have scheduled 
a lot of things for the Memorial Day recess. It is one of those rare 
times when we can be home during the week. We look forward to that. We 
want to make that time as lengthy as possible, and we will do what we 
can on this side to see if we can move through these very important 
pieces of legislation.
  Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                   RECOGNITION OF THE MINORITY LEADER

  The ACTING PRESIDENT pro tempore. The Republican leader is 
recognized.

                          ____________________




                    GUANTANAMO AND THE SUPPLEMENTAL

  Mr. McCONNELL. Mr. President, 2 years ago, our Nation was in the 
midst of a global battle against terrorism,

[[Page 12658]]

and much of our time and energy in the Senate was devoted to that 
fight, from updating laws for monitoring terrorists overseas, to 
fighting an insurgency in Iraq, to combating the Taliban in 
Afghanistan.
  Two years later, we are still engaged in the same battle and in many 
of the same debates. On most of these issues, the Senate has had an 
opportunity to express itself very clearly. Yet rarely has it done so 
with as much unity as on the question of whether to send terrorists at 
Guantanamo to U.S. soil. On that important question, the vote was 94 to 
3 against.
  But something has changed. Now a number of Democrats who voted 
against sending detainees from Guantanamo to the United States are 
expressing a willingness to do so, in contradiction of their earlier 
vote. What has changed? America is still at war against terror networks 
around the world. The detainees held at Guantanamo are still some of 
the most dangerous terrorists alive. Indeed, over the past 2 years, the 
inmates there have been winnowed down to an even higher percentage of 
committed killers than were there before. Americans still do not want 
these men in their neighborhoods. They saw what the residents of 
Alexandria, VA, endured a few years ago when just one terrorist was 
held there, and they do not want armed agents patrolling their streets, 
ID checks, bomb-sniffing dogs, or millions of their tax dollars 
diverted to secure terrorists.
  When we voted on this question 2 years ago, the prospect of shipping 
terrorists to U.S. soil was not imminent, even though the previous 
administration had expressed a desire to close the facility at some 
point. The new administration, on the other hand, set an arbitrary date 
for closure before it even had a chance to review the intelligence and 
the evidence of the 240 men who are down at Guantanamo now.
  So I think it is perfectly appropriate, as we look to ensure the 
safety of the American people, to have another vote on this issue. 
Later this week, we will have an opportunity to do just that as the 
Senate takes up the supplemental war spending bill. The administration 
has requested funds within this bill to close Guantanamo, and Senators 
should take this opportunity to clarify their positions. So we will 
have a number of amendments this week on the supplemental that will 
allow the Senate to express itself once again on this most important 
issue.

                          ____________________




                            AUNG SAN SUU KYI

  Mr. McCONNELL. Mr. President, I would like to briefly discuss a 
troubling situation a world away in Burma. The situation involves Nobel 
Peace Prize laureate Aung San Suu Kyi, who, this very morning, stood 
trial--stood trial this very morning--for permitting a misguided soul 
to enter her house.
  With some regularity, we in the West are reminded of the tyranny that 
exists in this troubled land.
  In 2007, Buddhist monks and other peaceful Burmese protesters were 
brutally put down by Government authorities. Scores were slain, 
hundreds more were imprisoned or had to flee the country simply to 
survive.
  In 2008, Burma was lashed by a terrible cyclone. This natural 
disaster was exacerbated by a manmade disaster: the dismal relief and 
response effort of the governing State Peace and Development Council, 
which refused outside aid in the immediate aftermath, resulting in 
untold numbers of Burmese citizens dying. At the same time, the regime 
devoted its energies to its referendum of its new Constitution, a 
document clearly intended to permanently entrench military rule.
  In 2009, this familiar pattern of governmental malfeasance has 
continued. First, the Government refused to permit Suu Kyi's doctor to 
see her, despite her very poor health. Then the Government took the 
flimsiest of pretexts to drag Suu Kyi into this trial.
  It was in this context that the Obama administration last week issued 
an Executive order extending for another year sanctions against the 
Burmese regime. I applaud the administration for taking this step, and 
I look forward to working with the administration once it has concluded 
its review of Burma policy, which I have discussed on several occasions 
with Secretary Clinton.
  The Government of Burma should be aware that its actions are highly 
troubling to democracies the world over. This is reflected not only in 
the administration's new Executive order but also in the strong support 
the Burmese people enjoy in the Senate. My colleagues and I on both 
sides of the aisle will continue to follow Suu Kyi's trial with great 
interest and deep concern.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be a period of morning business, with Senators permitted to 
speak for up to 10 minutes each.
  The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania.

                          ____________________




                           HEALTH CARE REFORM

  Mr. SPECTER. Mr. President, I have sought recognition to address the 
subject of health care reform. I support President Obama's call for 
health care reform legislation this year. It has long been obvious that 
there is a need for health care reform in the United States. There are 
some 47 million people, perhaps more--the precise figure is not known--
who do not have health insurance or who are underinsured.
  I have prepared an extensive statement outlining some of the issues 
which I think ought to be addressed, and I have sought recognition this 
afternoon to summarize those comments briefly. I ask unanimous consent 
that, at the conclusion of my statement, the full text of my statement 
be included in the Record as if read in full.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. SPECTER. Mr. President, the question of health care coverage has 
long been debated in the Congress. There is a general consensus that we 
need to cover all Americans who, as I say, either have no insurance or 
are underinsured.
  In my capacity as ranking member or chairman of the Appropriations 
Subcommittee on Labor, Health, Human Services, and Education for more 
than a decade, I have taken the lead, along with Senator Tom Harkin--
then on a bipartisan basis, where we, as we have said frequently, have 
shifted the gavel seamlessly--to provide for a great deal of health 
care coverage. During that time, the issue of funding for the National 
Institutes of Health has received special attention, where that figure 
has been raised from some $12 billion to $30 billion; and with the 
recent stimulus package, an additional $10 billion has been added. In 
addition to extensive coverage and increased funding for the National 
Institutes of Health, which resulted in very substantial improvements 
in the health of Americans on items such as stroke and cancer and heart 
disease, that subcommittee has taken the lead on many other health care 
issues, which I will not take time now to enumerate.
  I have cosponsored the legislation proposed on a bipartisan basis by 
Senator Wyden, Democrat of Oregon, and Senator Bennett, Republican of 
Utah. I have had a series of discussions with Senator Baucus, chairman 
of the Finance Committee, and discussed the issue with Senator Enzi, 
ranking member on the Health, Education, Labor, and Pension Committee, 
and have directed my staff to work with the staffs of all the other 
Senators. I have noted the comment made by Senator Grassley when he 
came from a meeting at the White House of the interest in a bipartisan 
approach, and noted Senator Enzi's statement that it was his hope we 
would have a consensus for perhaps as many as 80 Senators, which I 
think is the objective. But one way or another, I do support what the 
President

[[Page 12659]]

has said about moving forward health care insurance at this time.
  It is my preference, my position, that we rely principally on the 
private sector. I think it is undesirable to put a massive bureaucracy 
between the doctor and the patient. I am open to some intervention on a 
public plan, as I delineate in my formal written statement. 
Pennsylvania has a plan where, when the insurance was unavailable on 
medical liability, the State stepped in with an insurance plan. And 
then, when the insurance was available, the plan was to have it phased 
out.
  I have noted with interest the suggestions made by Senator Schumer to 
have a public sector for a number of dimensions. One is to cover areas 
where there are no private plans. Certainly that is something that 
ought to be considered so that everyone has the availability of health 
care coverage. Senator Schumer's proposal further delineates the 
standing of a public plan to be on a level playing field with the 
private sector, and has specified a number of issues where that level 
playing field would be maintained, and they are specified in some 
detail in my written statement, although not exhaustively.
  Here again, it is a matter for discussion and deliberation. Health 
care reform is an opportunity for the United States Senate to verify 
and confirm its standing as the world's greatest deliberative body. All 
of these ideas are in their formative stages, and plans are being 
worked on. We have the Wyden-Bennett model. I joined that plan, not 
that I thought it was perfect--and in my floor statement adding my 
cosponsorship I specified the concerns I had--but I thought it was 
highly desirable. At that time there were some 14 Senators, equally 
divided between the two parties, which provided a critical mass, and I 
thought that was a good start to give impetus.
  Of course, with President Obama's emphasis, with his convening a 
forum on health care, where I was invited to attend and did 
participate, we are moving forward. I think it is very important to 
focus on items where we may have savings within the existing health 
care system. We have had very substantial Federal involvement in the 
TARP program proposed by President Bush last fall, which is very 
expensive. We have had very substantial Federal expenditures on 
President Obama's stimulus package, of which we all know the cost. And 
at a time when there is a substantial deficit and a very substantial 
national debt, we ought to look for ways for savings, and I think there 
are some very specific and concrete ways where savings can be obtained.
  I begin that analysis with the National Institutes of Health. What 
better way to cut down on health care costs than to prevent illness. 
What better way than to have scientific research provide the ways to 
prevent illness. I have introduced specific legislation recently--again 
delineated in some detail in my written statement--on a Cures 
Acceleration Network, an effort to bring the research from the National 
Institutes of Health, from the laboratory, to the bedside--as it is 
summarized, from bench to the bedside. The advances in medical 
research, statistics--and again they are delineated in my formal 
written statement--specify the tremendous improvements in health, where 
mortality has gone up and prolonged or saved lives in so many fields--
cancer, heart disease, stroke, et cetera. When you have a program for 
health care, then I think there are realistic ways to save money; where 
people who develop chronic ailments, which are very expensive, can be 
ameliorated or perhaps even prevented, but holding down health care 
costs.
  A separate item, which has received considerable attention, and which 
I spoke about at the President's health forum, is lifestyle, on 
exercise and on diet. Those are items which I have always been 
concerned about, being a squash player almost on a daily basis, and 
more recently taking up weight training as a result of an experience I 
have had with Hodgkin's and with some of the efforts to bring back 
balance. I feel that exercise is very important. My wife has always 
been very consistent on dietary considerations. There are some programs 
I recently heard a presentation on by the chief executive officer of 
Safeway on exercise and health, and there is a correlation along some 
lines in reducing health care premiums depending on people avoiding 
smoking, exercising, and care for their diet. I do believe there are 
very substantial savings that are involved. It would be my hope that 
the Congressional Budget Office could quantify some of these savings--
savings on NIH, savings on lifestyle, savings on advanced directives. 
And in presenting a health care reform plan to the American people, I 
believe it would be enormously beneficial to be able to point to these 
savings as offsets to whatever the cost may be.
  On the subject of advanced directives and living wills, there is a 
great deal to be saved. One study showed as much as 27 percent of 
Medicare costs in the last few days, few months, or the last year of a 
person's life. No one ought to say to anybody else what their directive 
should specify in terms of what kind of care they want under those 
circumstances, but I think it is fair to ask people to focus on it, to 
think about it, and to make a directive in that respect--revocable, 
they can change it but not leave it to the family in some extremist 
situation when they are in the hospital and the passion is all in one 
direction or another.
  On the subcommittee on Labor, Health, Human Services and Education, 
we took the lead on including information in the ``Medicare and You'' 
handbook to encourage people to have advanced directives and living 
wills, so that is an item where a savings could be attained.
  Another line for possible savings would be a toughening up of 
criminal penalties for people who cheat on Medicare and Medicaid. From 
my experience as district attorney of Philadelphia, I saw very concrete 
examples about the effectiveness of jail sentences on deterrence. If we 
are dealing with a domestic dispute or dealing with a barroom drunken 
knife brawl, tough sentences are not going to deter anybody. But if we 
talk about white collar crime, talk about people who are thoughtful in 
the way they may engage in Medicare fraud or Medicaid fraud, jail 
sentences would be effective. This is a subject I have taken up with 
the Attorney General and with the Assistant Attorney General in the 
Criminal Division. It will be the subject of a hearing this Wednesday 
afternoon, the day after tomorrow, when we will bring in experts in the 
field of Medicare and Medicaid and get into the issue as to what kind 
of savings might be available.
  That is a brief summary of the longer written statement I have. I 
will conclude by emphasizing my thought that all Americans need to be 
covered with adequate health care assurance, and this is a matter of 
the highest priority. It is President Obama's No. 1 priority, as I 
understand it, and I think properly so. I am prepared, as I said 
before, to put my shoulder to the wheel to try to get this job done. 
The experience in the Subcommittee on Appropriations for Health and 
Human Services provides some insights and some guidance, and it is 
something I think we ought to accomplish.
  I have already asked consent my full statement be printed in the 
Record. I would ask the stenographer to print it out exactly as if I 
read it. Sometimes it appears in smaller type, so I would like it in 
big type and, with the explanation I have given, people will understand 
why there is some repetition between these extemporaneous comments and 
the written text.
  Mr. President, there is no doubt America is in need of major health 
care reform. With a reported 47 million people without health insurance 
the status quo is not acceptable. Additionally, there are millions more 
Americans who are underinsured, with health insurance that is 
inadequate to cover their needs. Families are forced to make tough 
sacrifices in order to pay medical expenses or make the agonizing 
choice to go without health care coverage. There are far too many 
Americans whose financial and physical health is jeopardized by the 
rising costs of health care.

[[Page 12660]]

  In the coming weeks and months Congress will consider health care 
reform which seeks to address the health care crisis, by addressing 
access to quality care, wellness programs and payment improvements. We 
need to agree on a balanced, common sense solution that reins in costs, 
protects the personal doctor-patient relationship and shifts our focus 
to initiatives in preventive medicine and research.
  I believe that ensuring all Americans have access to quality, 
affordable health care coverage is essential for the health and future 
of our Nation. The creation of an insurance pooling system, such as the 
one established in Massachusetts in 2006, could serve as a model to 
provide health insurance to all individuals. The Massachusetts program 
created a connector which allowed individuals to group together to 
improve purchasing power to achieve affordable, quality coverage for 
the entire population and to equitably share risk. However, Congress 
must be mindful of the cost of providing this care and reforms should 
not affect those who want to maintain their current insurance through 
their employer.
  Health reform legislation should include health benefit standards 
that promote healthy lifestyles, wellness programs and provide 
preventive services and treatment needed by those with serious and 
chronic diseases. Health care coverage must be affordable with 
assistance to those who do not have the ability to pay for health care. 
While I am concerned about a requirement to obtain health insurance, I 
understand that without it, health providers are forced to write off 
expensive, uncompensated care that we all pay in the form of higher 
premiums.
  In reforming health care we must work to ensure equity in health care 
access, treatment, and resources to all people and communities 
regardless of geography, race or preexisting conditions. The effort to 
improve health care should improve care in underserved communities in 
both urban and rural areas.
  The effect of these reforms on employers and providers must be kept 
in mind. Affordable and predictable health costs to businesses and 
employers and effective cost controls that promote quality, lower 
administrative costs and long-term financial sustainability should be a 
part of these reforms. Payment reforms for physicians and other health 
providers should reflect the cost of providing health care so that 
there will be providers in the future.
  This legislation will present an opportunity to address a number of 
other health related issues, including fraud and abuse in the health 
care industry, advanced directives, medical research and Medicare 
reforms. These ideas are an outline for health care reform legislation, 
which I believe can benefit all Americans. I am eager to discuss these 
ideas and look forward to hearing from constituents, colleagues and 
interested parties on all aspects of health care reform.
  On March 5, 2009, at the request of President Obama, I participated 
in the White House Forum on Health Reform. During this forum, my 
colleagues from the Senate and House of Representatives and other 
health care interest representatives shared priorities and concerns for 
health care reform. This open process helped flush out ideas and 
develop a path for reform. Since that time, regional forums have been 
held throughout the country so more voices can be heard on this 
important issue and President Obama has worked closely with those 
representing all health care sectors to find common ground on reform. 
This effort was highlighted on May 12, 2009, by an agreement with 
executives of a number of groups, including the Service Employees 
International Union and PhRMA, to provide $2 trillion in health care 
savings.
  While the White House Health Forum was a bipartisan event, I am 
concerned that the passage of health reform legislation could be lost 
to partisanship. The effort to bring about health reform can and should 
be a bipartisan effort. As a cosponsor of the Healthy Americans Act, 
introduced by Senators Wyden and Bennett and cosponsored by seven 
Democrats and four Republicans, I have firsthand experience with 
finding common ground on health care.
  From the outset, the goal for passage of this legislation should be 
to have 80 Senators vote in support of it. Recently Senator Grassley, 
after a lunch with President Obama, noted that ``the White House 
prefers a bipartisan agreement.'' While some people have indicated they 
would prefer a bill passed by 51 percent, the White House's sentiments 
are encouraging. We have to try to get as broad a base as possible to 
get a bill passed.
  The most talked about issue to date is that of a public plan or 
Government-operated program competing against private plans in the 
insurance market. A starting point for discussion on this issue could 
be the proposal made by Senator Schumer on May 4, 2009, which seeks to 
maintain a level playing field between the private sector and any 
public plan. The proposal holds that any public program should comply 
with all the rules and standards by which the private insurers must 
abide. The principles include that the public plan should be self-
sustaining through premiums and co-pays. Further, the public plan 
should not be subsidized by Government funds and must maintain a 
reserve fund as private insurers do; not require health care providers 
to participate because they participate in Medicare and payments to 
providers must be higher than Medicare; be required to offer the same 
minimum benefits as private plans; and be managed by different 
officials than those regulating the insurance market.
  I recently spoke with Senator Enzi about this issue and he raised 
some concerns regarding fair competition between private and public 
plans. Specifically, he was concerned that there wouldn't be a level 
playing field as the Government doesn't have to make a profit, whereas 
private companies do. Further, if the public plan becomes insolvent 
will the Government intervene? I agree that competition lies at the 
heart of any successful market economy and these concerns and others 
need to be addressed as we discuss and consider a public plan option.
  There are many variations in which a public plan could be brought 
forward, including offering it as a fallback if no private insurers are 
willing to provide coverage in a region. In Pennsylvania, a State 
administered insurance program for doctors and hospitals was 
established to provide access to medical malpractice insurance. This 
program could be phased out if the insurance commissioner certifies, 
pursuant to annual review, that sufficient private insurance capacity 
exists. These principles could be extended to a public plan offered to 
individuals. Whereby a public plan could be put into place subject to 
annual certification by the Secretary of Health and Human Services that 
a public plan is necessary to provide stable and affordable health 
insurance; if it isn't needed then the Government plan shall be 
privatized or eliminated.
  This issue will be hotly debated as health reform moves forward. As 
we begin, let me be clear that I am opposed to placing a giant 
bureaucracy between a doctor and patient regarding health decisions. 
Americans should be able to get treatment when they need it, and I will 
work to protect this right as we move forward. As I have stated, I am 
open to discussing the best method in which to cover all Americans, 
including considering a public plan option and look forward to 
examining all of the options with my colleagues as the legislation 
progresses.
  Another issue that will be the focus of great debate will be the cost 
of the legislation. Until bill language is produced by the Finance and 
HELP Committees, it will be difficult to determine the cost of health 
reform. A recent estimate of this reform is $120 billion per year, 
which is, by all standards, a large sum. However, the cost of inaction 
may be far greater. The United States spent approximately $2.2 trillion 
on health care in 2007, or $7,421 per person. This comes to 16.2 
percent of gross domestic product, nearly twice the average of other 
developed nations. Every effort to find cost saving proposals that can 
also bring improvements to health reform should be included in this 
legislation.

[[Page 12661]]

  The National Institutes of Health--NIH--is the crown jewel of the 
Federal Government and is responsible for enormous strides in combating 
the major ailments of our society including heart disease, diabetes, 
cancer, Alzheimer's, and Parkinson's diseases. I believe continued 
funding for the NIH and medical research should be another tenet of the 
health care debate. The NIH provides funding for biomedical research at 
our Nation's universities, hospitals, and research institutions. I 
along with Senator Harkin led the effort to double funding for the NIH 
from 1998 through 2003. When I became chairman of the Labor, Health and 
Human Services and Education Appropriations Subcommittee in 1996, 
funding for the NIH was $12 billion; in fiscal year 2009 funding was 
increased to $30 billion.
  Regrettably, Federal funding for NIH has steadily declined from the 
$3.8 billion increase provided in 2003, when the 5-year doubling of NIH 
ended. To jumpstart the funding in NIH, I worked to include a provision 
in the American Recovery and Reinvestment Act to increase NIH funding 
by a total of $10 billion.
  NIH research has provided tremendous benefits to many individuals 
with diseases. The following are examples of the cost of and success in 
reducing cancer deaths and cardiovascular disease.
  Cancer: The NIH estimates overall costs of cancer in 2007 at $219.2 
billion: $89 billion for direct medical costs; $18.2 billion for lost 
productivity due to illness; and $112 billion for loss of productivity 
due to premature death.
  Breast Cancer: Breast cancer death rates have steadily decreased in 
women since 1990. The 5-year relative survival for localized breast 
cancer has increased from 80 percent in the 1950s to 98 percent today. 
If the cancer has spread regionally, the current 5-year survival is 84 
percent.
  Childhood cancer: For all childhood cancers combined, 5-year relative 
survival has improved markedly over the past 30 years, from less than 
50 percent before the 1970s to 80 percent today.
  Leukemia: Death rates have decreased by about 0.8 percent per year 
since 1995. For acute lymphocytic leukemia, the survival rate has 
increased from 42 percent in 1975-1977 to 65 percent in 1996-2003.
  Lymphoma: The 5-year survival rates for Hodgkin's lymphoma has 
increased dramatically from 40 percent in 1960-1963 to more than 86 
percent in 1996-2003. For non-Hodgkin's lymphoma, the survival rates 
have increased from 31 percent in 1960-1963 to 63.8 percent in 1996-
2003.
  Prostate Cancer: Over the past 25 years, the 5-year survival rate has 
increased from 69 percent to almost 99 percent.
  Cardiovascular disease: According to the American Heart Association, 
the estimated direct and indirect cost of cardiovascular disease in the 
United States in 2008 was $448.5 billion.
  Coronary artery disease: Between 1994 and 2004, the number of deaths 
from coronary artery disease declined by 18 percent.
  Stroke: Between 1995 and 2005, the number of stroke deaths declined 
13.5 percent.
  These are tremendous accomplishments and more must be done to build 
on our advancements. We ought to include the $10 billion in stimulus 
money in the NIH base funding level to see to it that the funding was 
not just a one-time shot. The $10 billion that was provided in the 
stimulus package for NIH was for a 2-year period; however, I feel that 
that $10 billion should be added to the $30 billion already 
appropriated in fiscal year 2009. I support a funding level of $40 
billion for fiscal year 2010 which would require raising the 
appropriation by another $5 billion.
  Scientists have approached me with stories of how NIH grant 
applications have skyrocketed since the NIH funding increase in the 
American Recovery and Reinvestment Act and that the boost has 
encouraged a new generation of scientists to dedicate themselves to 
medical research. The effort to increase NIH funding should also be 
matched by an effort to translate scientific discoveries in the 
laboratory to the patient's bedside. To meet this need, I introduced S. 
914, to establish the cures acceleration network--CAN. This $2 billion 
network would be a separate independent agency and would not take 
research dollars away from the NIH. The network would make research 
awards to promising discoveries. The grant projects would also have a 
flexible expedited review process to get funds into the hands of 
scientists as quickly as possible. Drugs or devices that were funded by 
the CAN--would benefit from a streamlined FDA review to speed up the 
approval process for patient use. Implementing this legislation as part 
of health reform would enhance the important research of NIH by 
bridging the chasm between a basic scientific discovery and new health 
care treatments.
  The issue of end of life treatment is such a sensitive subject and no 
one should decide for anyone else what decision that person should make 
for end-of-life medical care. Advanced directives give an individual an 
opportunity to make the very personal decision as to the nature of care 
a person wants at the end of their life. That is, to repeat, a highly 
personalized judgment for the individual.
  Advanced directives should be examined because of the great expense 
of end of life care. Statistics show that 27 percent of Medicare 
expenditures occur during a person's last year of life. Beyond the last 
year of life, a tremendous percentage of medical costs occur in the 
last month, weeks and days. It has been estimated that the use of 
advanced directives could save 6 percent of all Medicare spending or 
$24 billion in 2008.
  Individuals should have access to information about advanced 
directives. As part of a public education program, I included an 
amendment to the Medicare Prescription Drug and Modernization Act of 
2003, which directed the Secretary of Health and Human Services to 
include in its annual ``Medicare and You'' handbook, a section that 
specifies information on advanced directives, living wills, and durable 
powers of attorney. As the former ranking member and chairman of the 
Labor, Health and Human Services, and Education Appropriations 
Subcommittee, I worked to ensure that this information continues to be 
published in the ``Medicare and You'' handbook.
  There are many ways which have been discussed to improve the use of 
advanced directives. One approach could be to increase education for 
beneficiaries. It has also been suggested that filling out an advanced 
directive could be a requirement for joining Medicare. Another 
suggestion I received was to provide a discount on Medicare Part B 
premiums for those who fill out an advanced directive. While efforts to 
inform beneficiaries have improved, including a requirement that the 
issue be discussed at the beneficiaries' introductory Medicare exam, 
more must be done to increase usage of advanced directives. On this 
front, I am eager to explore and analyze the range of possibilities 
while ensuring that individuals and their families' sensitivities 
surrounding the end of life care receive paramount priority.
  Some of the most prevalent diseases of today can be prevented by 
small changes in people's behavior. For example, 30 minutes of moderate 
physical activity each day, the equivalent of a brisk walk, can reduce 
the risk of a heart attack by up to 50 percent. Increasing one's fruit 
and vegetable consumption can reduce the risk of colon cancer by up to 
50 percent. Obese and overweight individuals suffering metabolic 
syndrome and Type 2 diabetes showed health improvements after only 3 
weeks of diet and moderate exercise. Health care reform should include 
policies that encourage people to make responsible decisions about 
their health and create environments to do so. The health benefits are 
real, achievable, measurable, and cost effective.
  One way in which to encourage healthy behavior is through health 
education in schools, which is proven to reduce the prevalence of 
health risk behaviors among young people. For example, health education 
resulted in a 37 percent reduction in the onset of smoking among 7th 
graders. In addition, obese girls in the 6th and 8th grades lost weight 
through a health education program, and students who

[[Page 12662]]

attended a school-based life-skills training program were less likely 
than other students to smoke or use alcohol or marijuana.
  Funding community-based health programs could also be a tenet of 
health reform. In July 2008, the Trust for America's Health stated that 
an investment of $10 per person per year in proven community-based 
programs to increase physical activity, improve nutrition, and prevent 
smoking and other tobacco use could save the country more than $16 
billion annually within 5 years. This is a return of $5.60 for every $1 
invested. Opportunities to save money on the cost of health care 
through education and proactive community based prevention programs 
should be included in health reform legislation.
  Surveying recent caselaw reveals that individual criminals convicted 
of health care fraud can be sentenced to anywhere from 5 to 13 years in 
prison, substantial penalties and supervised release for a period of 
years. In any health care reform proposal, I believe we must address 
the significant potential for people of ill will and profit motives to 
defraud the Government at the expense of the taxpayers. Therefore, I 
will push hard for enhanced sentences with real jail time for white 
collar fraudsters. As the chairman of the Crime and Drug Judiciary 
Subcommittee, I will push for consideration of sentencing enhancements 
as at least one alternative and, where appropriate, lengthy jail 
sentences where the financial losses to the Government are great. It 
would be intolerable for criminals to defraud the Government of 
millions of dollars only to have to pay a fine that amounts to the cost 
of doing business.
  According to the National Insurance Crime Bureau and the National 
Health Care Anti-Fraud Association, the annual loss from health fraud 
is 10 percent of the $2.2 trillion spent annually on health care, or 
$220 billion. This amount of fraud must be identified and warrants real 
jail time, which should be taken up in this reform.
  Health care reform provides an opportunity to correct a longstanding 
problem in the Medicare payment system. In determining the payments to 
hospitals for services, Medicare takes into account the location of a 
hospital and how much those employees are paid. It is understandable 
that some areas of the country, where the cost of living is higher, 
should be reimbursed at higher levels. However, the current system has 
led to many imbalances that have left some areas of the country 
disadvantaged. In Pennsylvania, for example, the Scranton--Wilkes-Barre 
area and Allegheny Valley have received decreasing Medicare payments, 
which have forced a pay reduction to employees and a reduction in 
services to patients that rely on them.
  Last year, the Medicare Payment Advisory Commission--MedPAC--released 
a report calling for the system to be reformed. The commission stated 
that the current system created ``cliffs'' in payments, which resulted 
in arbitrary changes in payments in neighboring areas. These 
disparities can affect competition for employees and will harm services 
to Medicare beneficiaries. This legislation must include the reforms 
supported by MedPAC to correct this serious problem of inequity.
  The health care crisis in our country endangers the health of our 
people, our economic viability and our future stability. Now, more so 
than ever before, it is critical that we pass legislation to ensure all 
Americans have access to quality and affordable health care. This 
undertaking requires prompt and effective action. I remain open to 
ideas on how to accomplish this exceptional task and look forward to 
working with my colleagues to determine the best path to do so.
  In the absence of any Senator seeking recognition, I suggest the 
absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. I ask unanimous consent that the order for the quorum be 
rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DORGAN. Mr. President, I ask unanimous consent to speak in 
morning business for such time as I may consume.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                           CREDIT CARD REFORM

  Mr. DORGAN. Mr. President, this week we will once again take up 
legislation--and, hopefully, finish it--called the credit card reform 
bill. I wanted to speak for a few minutes about what the bill contains 
and why it is important we enact that legislation.
  I have spoken many times in the last year and a half about the 
subprime mortgage scandal. It is another adjunct of this. A substantial 
amount of debt, debt to purchase a home, is not unusual. Almost no one 
can purchase a home by using cash because they don't have that kind of 
cash. So they borrow money, which is called a home mortgage. The 
subprime home mortgage scandal is unbelievable, and I have spoken about 
it at length. I have shown advertisements from Countrywide Mortgage 
which was the largest mortgage lender, from Millennium Mortgage and 
Zoom Credit, and other mortgage companies that were advertising to 
people with: If you have been bankrupt, if you have bad credit, if you 
don't pay your bills on time, come to us. We will give you a mortgage. 
It was unbelievable what was going on. Bad credit, no credit, slow 
credit, bankrupt, come to us. We will give you a home mortgage.
  That sort of thing steered this country's economy right into the 
ditch and caused a massive amount of problems. Now we see all of these 
foreclosures and banks in trouble. It is an unbelievable mess. At its 
root is a substantial amount of greed and a massive amount of mortgage 
debt. In some cases mortgages were made to people who couldn't pay 
them, with teaser rates of 2 percent which, when reset, would be 10 and 
12 percent, and prepayment penalties so that someone couldn't get out 
of this mess. It is unbelievable. That is the home mortgage subprime 
scandal. A lot of folks got rich. The guy who ran Countrywide Mortgage 
left with $200 million. The company collapsed, a substantial amount of 
people were injured and hurt, but he left with a couple hundred million 
dollars. He was given the Horatio Alger award. He won businessman of 
the year, a big deal. He steered his company right into the ditch as 
well.
  This isn't about subprime mortgages. It is about another form of 
indebtedness, credit card debt. Let me talk for a moment about where we 
find ourselves with credit cards. It is interesting. In 2008, there 
were 4.2 billion credit card solicitations sent to consumers. Think of 
that, 4.2 billion credit card solicitations sent to consumers. We are 
told it was a bad year--the economy was collapsing--but apparently not 
in the credit card industry. The average credit card debt per household 
that has a balance is $10,000. That is the average credit card debt of 
households that have a credit card balance. Total amount of credit made 
available by issuers in 2007 was about $5 trillion.
  This legislation will start to help to curb some of the unfair credit 
card practices. Let me be quick to say that I use credit cards. I am 
sure all of my colleagues do. There is a very significant value to 
credit cards. I am not suggesting there is not. I am saying, when you 
wallpaper the entire country with credit cards, including especially 
targeting kids who have no jobs, and then saying, as they did in the 
subprime mortgage, if you have bad credit, come to us, we will give you 
a credit card, there is something wrong with that. Yet that is what has 
been happening. Now we are seeing credit card companies who have had 
customers for 5, 10, 20 years, who have never been late with a payment, 
jack up their interest rates from 7 percent to 27 percent. Credit card 
holders are completely astounded by the penalties and interest rate 
increases, despite the fact that they have never had a late payment. 
Those are some of the abuses

[[Page 12663]]

that have existed. This legislation will begin to deal with those 
abuses.
  Let me show a couple of charts. This is an advertisement for a 
platinum card. It says:

       Even if your credit is less than perfect.

  That is just a little offshoot of what they did in the subprime 
mortgage. Hey, if your credit ain't perfect, as they say, come to us. 
You got bad credit, slow credit, no credit, been bankrupt, come over 
here; let us give you a hand. That is what this credit card says.
  Here is a debit card. This is one by the Bank of America. It makes a 
point but that I think is important. You can see the colors on this 
debit card. Obviously, this is aimed at kids. This is obviously a 
children's approach to Joe Camel for cigarettes. But we have a debit 
card that is about the same thing.
  Let me show first this chart. This shows Bruce Guiliano, senior vice 
president for licensing for Sanrio, Inc., which owns the Hello Kitty 
brand. That is the next card I will show you. It says:

       We think our target age group will be from 10 to 14, 
     although it certainly could be younger.

  Can you imagine grown men and women sitting around saying: What is 
our target group for credit cards. We think this is our target group 
for the new Hello Kitty Platinum Plus Visa credit card. Is this 
unbelievable? If somebody said to you in class at Harvard Business 
School: Here is a business proposition. What do you think it will be 
like if you run a company and you are putting credit cards out there 
and you are aiming credit cards at kids, 12-year-old kids.
  This is, obviously, the Hello Kitty Platinum Plus card. I would love 
to know the person who thought this up, to ask: Are you nuts?
  My son happened to get a credit cart solicitation a long while ago. 
He is in college now. He got a solicitation from a credit card company 
saying: We have a preapproved credit card for you, and we want you to 
take a trip to Paris, France. So actually I came to the floor of the 
Senate and explained to this credit card company, my son is only 12 
years old. He is not going to Paris. He is not going to take your 
credit card either.
  But what are the credit card companies doing soliciting young kids to 
get a credit card?
  This is not an accident. I just showed you: Our target audience is 10 
to 14. So what do we do with the targets? We design a credit card, a 
Hello Kitty Platinum Plus, pink and white and yellow. Unbelievable.
  Let me show you a credit card for people who don't have such great 
credit. They get a gold card. This is First Premier Bank. Here is what 
they do. You don't have such good credit? We will give you a credit 
card. Come on. The limit is going to be $250. It is going to be gold. 
But here is the trick. In order to get this credit card that you can 
use for up to $250, you have to pay a $48 annual fee. You have to pay a 
$29 account set-up fee, a $95 program fee and $7 a month for servicing. 
Does that sound like good business to you? Not to me. It sounds like 
the kind of thing I used to see in the movies. They wore strange suits 
with big thick stripes, and they carried violin cases. They loaned each 
other money.
  I understand this. Michigan State University. I could use this for 
any university. A credit card company wanting to wallpaper the dorms 
and fraternity houses of virtually anyone who is going to college. Most 
of them don't have a job; some do. I understand the value of a credit 
card for a college student. What I don't understand is, the credit 
cards are given to a college student and, in many cases, the parents 
will cosign because if the student doesn't have a job, you have to have 
the parents' cosignature. Then all of a sudden the credit card limit is 
increased without the permission of the cosigner. That is the game.
  Here are some notes from constituents of mine. This is a couple from 
Minot:

       My wife and I both have credit scores greater than 800 and 
     have never been late on any of our payments. So Capital One 
     just sent us a notice that our interest rate on our credit 
     card will almost triple.

  Never been late, always made payments on time. Their interest rate is 
going to triple.
  Here is one from Fairmount:

       I just wanted to let you know how upset I am with the 
     credit card company (Citibank). They have decided to raise my 
     interest rate to 27 percent. I have always paid my bill on 
     time, have a good credit rating (820). Why would a company 
     that has been bailed out by taxpayers because of bad 
     practices then decide to stick it to us by raising interest 
     rates so high.

  He refers to the local mafia, but the fact is, I know there are no 
local mafia there.
  From Williston:

       Enough is enough. We have shored up these banks with our 
     hard-earned tax dollars just to have them raise the interest 
     rates on their credit cards to 28 percent and 26.3 percent 
     for absolutely no reason. Something has to be done.

  Let me reiterate that I think credit cards are valuable and useful. 
Most of us use credit cards. But what I think has happened is certain 
practices have evolved and developed that are pretty unseemly. A 
practice that says: We need to figure out how to go after kids. It 
reminds me of the tobacco debate. Because if you don't get a kid when 
they are a kid, you are not going to get them to smoke; right? Anybody 
know of somebody who has reached the age of 30 and they are sitting 
around their living room thinking to themselves, all right, I need to 
do something different, what haven't I yet done that I should begin 
doing, and decides the answer is to start smoking? Does anybody know 
anyone like that? The only way you get somebody to smoke is you find a 
kid and addict the kid to cigarettes. What about this, aiming a Visa 
card at 10 to 14-year-olds? It is unbelievable to me.
  We bring a bill to the floor of the Senate that we think we will vote 
on tomorrow. We will have a cloture vote first. We will see if we can't 
put a stop to some of the practices that have allowed some of the same 
companies that have gotten substantial bailout funds to say to their 
customers, who have always paid their bills on time, never been late: 
We have a treat for you. We have a big, old surprise in your mailbox. 
You know that 7 percent or 9 percent interest rate you used to pay on 
your credit card balance? No more. Now it is going to be 27 or 28 
percent.
  That is not a business practice I think is justifiable. I think 
Senator Dodd and Senator Shelby from the Banking Committee have brought 
us legislation that is necessary and one that will be helpful in trying 
to put a stop to unfair business practices.
  I know there are some who say this is none of government's business. 
I think it is. When consumers are injured, consumers individually and 
even in a significant group are no match for the size of the companies 
that have decided to engage in this and do this to the American people. 
This legislation is very simple. It sets up the conditions under which 
we will try to protect consumers from arbitrary interest rates, fee and 
finance increases, and we will prohibit interest charges on paid-off 
balances from previous billing cycles, prohibit interest charges on 
debt that is paid on time. We will require payments to be applied first 
to the credit card balance with the highest interest rate. We will 
protect students and other young consumers from aggressive credit card 
solicitations. We will require greater disclosure of rates and terms 
and billings, details by credit card companies, and establish tougher 
penalties for companies that violate these laws.
  This is not rocket science. It is very simple. When you engage in 
these practices and start injuring consumers, often without their 
knowledge, when you are doing something that is fundamentally unfair 
and doing it all across the country, the Banking Committee, led by 
Senators Dodd and Shelby, has a right and the Senate has a right to 
say: We will try to put a stop to it. There needs to be some semblance 
of fairness and equity for the American people. There are a whole lot 
of folks who go to work every day, work hard, try to do the best they 
can to care for their family and deal with their daily lives. They pay 
their bills.

[[Page 12664]]

They have credit cards. They pay those credit card bills. They have 
made a deal with the credit card company over time about the conditions 
of that credit card bill, only to discover one day when they come home 
from work their mailbox contains a little message from the credit card 
company: Yes, you are a good customer. We have news for you. You are 
going to pay higher fees and triple the interest rates, and there is 
not a thing you can do about it.
  Well, do you know what? The American people can do something about it 
through the actions of the Senate. I think that is going to happen--
beginning tomorrow--and I think it will be good news for the American 
people.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Bingaman). Without objection, it is so 
ordered.

                          ____________________




     CREDIT CARD ACCOUNTABILITY, RESPONSIBILITY AND DISCLOSURE ACT

  Ms. KLOBUCHAR. Mr. President, I am here to speak out in support of 
the Credit Card Accountability, Responsibility and Disclosure Act.
  I am proud to be a cosponsor of this bipartisan legislation, which 
will help to end the abusive practices of the credit card industry that 
are hurting so many hard-working middle-class families. I thank Senator 
Dodd and Senator Shelby for their efforts to come together on a bill 
that protects consumers and brings so much needed relief to Main Street 
families. It has been a long time in coming. I wish we had been able to 
pass this a few weeks ago, but I am hopeful we will be able to get it 
done this week.
  As families are sitting around the kitchen table looking at their 
budgets, they have a lot of expenses to deal with--the basics such as 
food, electricity, the rising cost of college and health care, and 
growing credit card bills.
  Seventy-eight percent of households in this country have at least one 
credit card. At the end of last year, Americans' credit card debt was 
more than $972 billion. The average household debt is more than $8,300. 
This does basically track--when you look back over the last 8 to 10 
years--where wages have gone down and expenses have gone up. I know 
that before we entered this economic crisis, it was about $6,000 that 
the average middle-class family was behind. Now you see $8,300--their 
credit cards. But it is not just debt that families are paying off. In 
2006, two-thirds of the credit card companies' profits came from 
interest payments.
  So millions of families are dealing with huge amounts of credit card 
debt at the same time they are dealing with the many other challenges 
that are a result of this economic downturn. Their hours have been 
reduced or one of them may have lost a job or they may have difficulty 
sending their kids to college.
  This isn't just an economic issue, it is also an issue of fairness 
and common sense. I believe Americans have the obligation and duty to 
pay the debts they owe. But too many credit card companies are using 
deceptive practices and fine print to take advantage of hard-working 
American families. The credit card companies are using tiny words on 
the back of the bills, and they are doing this to pad their own 
profits.
  Many companies hide the terms of the agreement behind fine print and 
confusing language. They apply payments to the low-rate balances before 
high-rate balances and, worst of all, they raise interest rates without 
proper notice.
  According to the Consumers Union, a study of the 12 largest credit 
card issuers found that 93 percent of credit cards allowed the issuer 
to raise the interest rate ``at any time'' by changing the agreement; 
93 percent of credit cards allow the issuer--the credit card company--
to raise the interest rate at any time by simply changing the 
agreement.
  This isn't right. Credit card companies should not be making a profit 
by pulling the rug out from under American consumers.
  When I think about this issue, I don't just think about that 93 
percent figure, I think about people in my State who have played by the 
rules and used credit cards responsibly and made timely payments and 
have good credit ratings--only to turn around and have the rules 
changed.
  I heard from one man in Mahtomedi, MN, who had a credit rating of 
800. He had never made a late payment, had never been delinquent on his 
account in any way. He got word in April that his fixed rate of 5.9 
percent was going up to 10.9 percent in May and would thereafter be a 
variable rate; that is, what used to be a fixed rate at 5.9 percent 
will be changing constantly. He will have no control.
  He called the credit card company to complain and, do you know what. 
The credit card company told him he ought to be happy because his was 
one of the lower rate increases. They told him he should not take it 
personally.
  It is awfully hard not to take these rate increases personally when 
you have not done anything to justify having your rate increased, when 
you are going to have a tough time making ends meet anyway because of 
the tough economy, and because you have to pay so much more to keep a 
card you have had for years and years.
  I also heard from a woman in St. Joseph, MN. She had her credit card 
for 12 years. She had never been late on a payment and has her credit 
card bill automatically paid from her checking account every month. She 
recently contacted her credit card company because she noticed her 
interest rate had suddenly gone up a lot in 1 month. She had received 
no advance notice from her bank about the interest rate increase.
  But her problems didn't stop there. The problem was that the credit 
card company applied the new interest rate to her existing balance, and 
with the new interest rate factored in, her balance suddenly exceeded 
her available credit.
  Do you know what? She got hit with another interest rate increase. 
This woman, who had been a great customer for 12 years, saw her 
interest rate go up from 8 percent, to 19.3 percent, to 27 percent--all 
in a matter of 16 days--and through absolutely no fault of her own. She 
started at 8 percent and she had the money deducted from her checking 
account every month and she had not had any problems with late 
payments. She starts at 8 percent, goes up to 19.3 percent, and she 
ends up at 27 percent--all in a matter of 16 days, through no fault of 
her own. They raised the interest rate without telling her, applied it 
to her existing account balance and, suddenly, she was stuck with a 
problem she didn't even create.
  In the letter she wrote to me, she asked some valid and heartbreaking 
questions:

       How is something like this legal? How can the credit card 
     companies make it even harder in such hard times?

  These are questions a lot of hard-working Minnesotans and other 
Americans are asking today, and they deserve answers.
  We want Americans to pay their debt, and we want our businesses to 
succeed, but consumers deserve a level playing field, they deserve some 
rules of the road, and they deserve an end to the abuses and deceptive 
practices by the credit card industry.
  The credit card bill that is on the floor is going to do that. The 
bill will put commonsense rules into place to ensure fairness for 
consumers.
  First, the bill protects people from arbitrary interest rate 
increases, such as we saw with the man from Mahtomedi, MN, and the 
woman from St. Joseph, MN. It establishes fair rules and makes sense 
for how and when companies can raise interest rates. Additionally, the 
bill prohibits credit card companies from increasing rates on a 
cardholder for the first year when that account is open.
  Second, the bill requires credit card companies to give people 45 
days' notice of interest rate, fee, and finance

[[Page 12665]]

charge increases. This will ensure that people such as the woman from 
St. Joseph, MN, who wrote me, would not see any surprises on their 
credit card statements anymore. They will get a notice.
  Third, the bill prevents credit card companies from charging abusive 
fees. For example, credit card companies would not be able to charge 
you a fee for the ``privilege'' of paying down your credit card.
  Fourth, the bill requires more transparency from credit card 
companies. Credit card bills will be mailed 3 weeks before they are due 
to give consumers plenty of advance warning. Credit card companies will 
have to disclose any changes to the terms of a credit card agreement 
when people renew their cards. They will have to be upfront about the 
length of time and the total interest it will take to pay off the card 
balance if people only make minimum monthly payments. I think that 
would be helpful for many people I know, if they knew exactly how long 
it would take--if they just pay the minimum amount--and how much extra 
they would be paying. They will have to post their credit card 
agreements on the Internet so people can look at them anytime and 
compare them.
  Fifth, the bill strengthens oversight of the credit card industry so 
we can hold companies accountable for their behavior.
  This legislation will give consumers much-needed protections from bad 
practices that have been going on for too long. It is the beginning of 
leveling the playing field.
  If we are going to get our economy moving, we need to restore trust 
in our financial systems, and when it comes to the credit card 
industry, that means protecting consumers from unfair practices and 
putting into place commonsense rules that will bring much-needed 
transparency and accountability.
  We will be voting on this bill shortly. When I cast my vote, I will 
be voting for all the people in my State who are working hard and 
playing by the rules and just want the credit card companies to do the 
same.
  We cannot forget that the ultimate goal of reviving our economy is to 
make it possible for people in this country--who have worked hard, done 
everything right, paid their bills, and gotten these credit card 
bills--to get ahead. This bipartisan legislation, which I cosponsored, 
will end the unfair practices that have been going on too long for Main 
Street families, so they can keep more of their hard-earned money.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll. The legislative 
clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                      JUSTICE SANDRA DAY O'CONNOR

  Mr. DURBIN. Mr. President, I just left a ceremony in the Hart Office 
Building, not far from where we are meeting, which is an annual event 
where the University of Illinois presents the Senator Paul H. Douglas 
Ethics in Government Award. The 2008 recipient is former Supreme Court 
Justice Sandra Day O'Connor. She is the first woman to be so honored.
  There has been a long list of public servants who have distinguished 
themselves with their integrity and their show of ethics in government 
who have been acknowledged for this award, and Justice Sandra Day 
O'Connor certainly follows in that tradition.
  It was my good fortune as a young college student to work as an 
intern in the office of Senator Paul Douglas. It truly shaped my life 
and convinced me that public service was a good calling, and I was 
lucky, as I have said many times, to be inspired by the gospels of St. 
Paul--that would be former Senator Paul Douglas and former Senator Paul 
Simon--who showed me what I thought was the very best in public service 
in their honesty--not only dollar honesty but honesty on the issues. It 
is a great honor for me to continue and serve in the same Senate seat 
that both of these men occupied.
  But today the University of Illinois honored Sandra Day O'Connor, and 
she is well deserving--the first woman to serve on the U.S. Supreme 
Court. By the time her career was coming to a close, she became one of 
the most decisive forces on that High Court. During her last decade on 
the Court, 193 decisions were made by the Court by a vote of 5 to 4. 
One Justice's vote made the difference, and in 148 of those 193 cases, 
that one vote was cast by Justice Sandra Day O'Connor.
  There were so many issues--issues regarding privacy, the rights of 
people with disabilities, affirming the voting rights of Americans, 
preserving the rights of universities to use affirmative action, 
protecting the rights established under McCain-Feingold to have cleaner 
elections in America, upholding State laws giving individuals their 
rights under health insurance contracts, preserving the authority of 
the Federal Government to protect the environment, banning the 
execution of children, reaffirming America's time-honored tradition of 
separation of church and state.
  One New York Times reporter wrote in 2001 that Justice O'Connor's 
vote tipped the scale so often that ``we are all living now in Sandra 
Day O'Connor's America.''
  As I said a few moments ago in introducing her at this gathering, one 
of her most significant and oft-quoted opinions was a recent one--her 
landmark decision in Hamdi v. Rumsfeld, in which she famously wrote:

       A state of war is not a blank check for the President when 
     it comes to the rights of a Nation's citizens.

  Mr. President, I wanted to come to the floor briefly today to add my 
voice to so many Americans in gratitude to Sandra Day O'Connor for her 
great service to Arizona and to the United States of America and to the 
Supreme Court. I am glad her voice is still strong and part of the 
public chorus, calling on us to be better as a people and better in 
government.
  Mr. President, I ask unanimous consent to have printed in the Record 
the speech I gave during the awards ceremony.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Remarks by Assistant Senate Majority Leader Richard J. Durbin 
   Congratulating Justice Sandra Day O'Connor on Receiving the 2008 
           Senator Paul H. Douglas Ethics in Government Award

       I would like to acknowledge University of Illinois 
     President Joseph White, Chairman Shah and members of the 
     University of Illinois Board of Trustees; Robert Rich and the 
     staff of the Institute of Government and Public Affairs; and 
     members of the Douglas family.
       I also want to acknowledge the members of the Douglas 
     Senate family--those of us who had the good fortune to have 
     worked for Paul Douglas in the Senate and whose hearts and 
     minds and lives were enlarged by his example.
       Sadly, there is one important member of the Douglas Senate 
     family who is missing this year. Paul Douglas lost the use of 
     his left arm when it was smashed to pieces in Okinawa in 
     World War II. But he gained another strong right arm when he 
     and Howard Shuman joined forces in the United States Senate. 
     On the Civil Rights Act, the Voting Rights Act and so many 
     important battles, Howard Shuman truly was Paul Douglas' 
     ``right hand man.'' We are all free-er because of their 
     partnership. It's good to see Howard's daughter Ellen and 
     other members of the Shuman family here today.
       We are here today to celebrate a woman whose courage, 
     character and wisdom helped preserve many of the same 
     principles that Paul Douglas spent his life fighting to 
     protect and enlarge. It is an honor to join you in 
     recognizing Justice Sandra Day O'Connor.
       Before I say a few words about Justice O'Connor, I want to 
     acknowledge another person whose wisdom and integrity has 
     served our nation so well--Supreme Court Justice David 
     Souter.
       Thank you, Justice Souter, for your many years of service 
     to our nation and our Constitution. Your voice on the Court 
     has made a difference.
       Someone asked me once where I found my political 
     inspiration.
       I said, ``Most of it comes from the gospel of St. Paul.'' 
     Paul Douglas. And another brilliant and compassionate 
     statesmen, Paul Simon. Much of what I know that is good and 
     important about politics, I learned from them.
       Paul Simon once said that the test for a Supreme Court 
     nominee is not where he or she stands on a given issue. The 
     real test is:

[[Page 12666]]

     Will this Justice use his or her power on the Court to 
     restrict freedom, or expand it?
       Justice O'Connor and Justice Souter, you have both scored 
     high grades on the Paul Simon test. Our nation is better for 
     your service. And we are grateful to you.
       If the man or woman President Obama nominates to serve as 
     America's next Supreme Court Justice is as independent, open-
     minded and fair as the two of you--and I feel confident they 
     will be--our country and our Constitution will be in good 
     hands.
       And now, regarding our guest of honor. What can you give a 
     woman who has already been inducted into the National Cowgirl 
     Hall of Fame?
       It took 190 years and 101 male Justices before Sandra Day 
     O'Connor broke the gender barrier on the United States 
     Supreme Court. It took only 14 years and 16 male recipients 
     for Justice O'Connor to become the first women recipient of 
     the Paul Douglas Ethics in Government Award. That is 
     progress.
       Paul Douglas is most closely associated with the civil 
     rights movement. But he was a true egalitarian. He believed 
     in equality of opportunity for all people. And he greatly 
     admired strong, intelligent women.
       He kept a series of photographs in his office. One was a 
     photo of one of his political heroes, Jane Addams, the great 
     social reformer from Chicago whom he first met in 1921.
       My first introduction to Jane Addams was that 1966 
     campaign. We started off by making a visit to Freeport to lay 
     flowers on the grave of Jane Addams.
       I think it would make Senator Douglas quite proud to see an 
     award bearing his name presented to a woman who has done so 
     much to advance the causes of equal justice and equal 
     opportunity, which were so dear to him.
       There are some strong similarities between Senator Douglas 
     and Justice O'Connor.
       He grew up in the Maine woods. She grew up on a ranch in 
     the high desert on the Arizona-New Mexico border. It was in 
     those isolated environments of their childhoods that they 
     both developed a lifelong love of reading and learning.
       (Of course, life on the Lazy B Ranch wasn't all books and 
     reading. By the time she was 8 years old, Justice O'Connor 
     could drive a truck ... mend a fence ... brand cattle ... and 
     shoot her own .22 caliber rifle. She had cowboys for friends 
     and a bobcat for a playmate--good preparation for all those 
     Supreme Court conferences.)
       Another, more important similarity between Senator Douglas 
     and Justice O'Connor is their shared distrust of ideology.
       Here is a fact about Paul Douglas that many people do now 
     know. His first foray into elected politics was running for 
     mayor of Chicago as a Republican. He was elected to the Board 
     of Alderman as an Independent. It wasn't until he first ran 
     for the Senate that he aligned himself with the Democratic 
     Party.
       Justice O'Connor's ability to see beyond partisan divides 
     was reflected early when every member of the Senate Judiciary 
     Committee--from Strom Thurmond to Ted Kennedy--voted to 
     support her nomination. And it grew over her 24 years on the 
     Court.
       Their mutual commitment to principle rather than political 
     ideologies enabled both Paul Douglas and Sandra Day O'Connor 
     to build coalitions to advance our nation's common good. And 
     for that, we are very grateful.
       Here is another similarity: As a member of the Arizona 
     state Senate, Sandra Day O'Connor once introduced an 
     amendment to remove a misplaced comma from a bill.
       As a college intern, I sat next to Senator Douglas many 
     nights as he read, and edited, and signed every single letter 
     that went out under his name. Because he couldn't use his 
     left arm, it was my job to pull the letters off the top of 
     the pile as he finished them. Believe me, no misplaced comma 
     ever escaped his editing pen, either.
       But the most important similarity--the reason we are all 
     here today--is because, like Paul Douglas, Justice O'Connor 
     used the power she was given to defend and expand our 
     freedom. With her voice and her vote, she said--time and time 
     again--that government has an obligation to defend the 
     powerless from the powerful.
       Justice O'Connor was always open to those who could make a 
     strong case. She listened to the arguments and weighed the 
     evidence.
       During her last decade on the Court, 193 decisions were 
     decided by a vote of 5-to-4. One Justice's vote made the 
     difference. And in 148 of those 193 cases, that one vote was 
     cast by Justice Sandra Day O'Connor.
       She cast the fifth and deciding vote safeguarding 
     Americans' right to privacy; requiring that courtrooms be 
     accessible to people with disabilities; affirming the 
     obligation of states to protect the voting rights of 
     minorities; and preserving the rights of universities to use 
     affirmative action programs.
       Justice O'Connor cast the deciding vote preserving the 
     right of the federal government under the McCain-Feingold law 
     to place reasonable restrictions on campaign contributions so 
     that special interest money can't gain overwhelm our 
     democracy--a vote, I think, that Senator Douglas would have 
     applauded.
       She cast the deciding vote upholding state laws giving 
     individuals the right to a second doctor's opinion if their 
     HMO denies them treatment; preserving the authority of the 
     federal government to protect the environment; banning the 
     execution of children in America; and reaffirming America's 
     time-honored tradition of separation of church and state.
       Indeed, as a New York Times reporter wrote in 2001, Justice 
     O'Connor's vote tipped the scales so often that--quote, ``we 
     are all living now in Sandra Day O'Connor's America.''
       And that was before what is perhaps her most significant 
     opinion: the landmark decision of Hamdi v. Rumsfeld, in which 
     Justice O'Connor famously wrote: ``A state of war is not a 
     blank check for the President when it comes to the rights of 
     the Nation's citizens.''
       It strikes me as ironic that Sandra Day O'Connor could have 
     grown up in a place called the Lazy B Ranch because lazy is 
     about the last word you could ever use to describe her. Since 
     leaving the Court nearly four years ago, she has written and 
     spoken extensively. She has been especially eloquent and 
     courageous in speaking out in defense of an independent 
     judiciary.
       In 2005, she wrote an op-ed for the Wall Street Journal 
     about those who seek to score political points by railing 
     against and trying to intimidate what they call ``activist 
     federal judges.''
       She warned that ``using judges as punching bags presents a 
     grave threat to the independent judiciary.'' She added: ``We 
     must be more vigilant in making sure that criticism does not 
     cross over into intimidation ... that the current mood of 
     cynicism does not end up compromising the rule of law.
       For all she has done to advance the cause of equal justice 
     and equal opportunity in America, and for her continued 
     defense of our courts and our Constitution, Justice Sandra 
     Day O'Connor is a true American she-ro and a worthy recipient 
     of the Paul Douglas Ethics in Government Award. Thank you 
     again, Justice O'Connor, for your selfless service to our 
     nation.

  Mr. DURBIN. I thank the Presiding Officer for this time.

                          ____________________




                       HONORING OUR ARMED FORCES


                       Specialist Adam Kuligowski

  Mrs. SHAHEEN. Madam President, I wish to express my sympathy over the 
loss of Army SPC Adam Kuligowski, a 21-year-old from Derry, NH. 
Kuligowski died on April 6, 2009 in Bagram, Afghanistan. Specialist 
Kuligowski was a signals intelligence analyst assigned to the Special 
Troops Battalion, 101st Airborne Division.
  Specialist Kuligowski grew up in Derry, NH, and attended Gilbert H. 
Hood Middle School and Pinkerton Academy. He had lived all over the 
world including South Korea, Saudi Arabia, Nigeria, Honduras, and Utah, 
before he enlisted in the military in October 2006. Specialist 
Kuligowski had been in Afghanistan for about a year and was scheduled 
to return home this summer.
  Specialist Kuligowski served with honor and distinction throughout 
his young military career, earning the National Defense Service Medal, 
the Afghanistan Campaign Medal, the Global War on Terrorism Service 
Medal, the Army Service Ribbon and the NATO Medal. New Hampshire is 
proud of Specialist Kuligowski's service to and sacrifice for our 
country. He, and the thousands of brave men and women of the U.S. Armed 
Forces serving today, deserve America's highest honor and recognition.
  Specialist Kuligowski is survived by his parents, Michael and Tracie 
Kuligowski of Derry, his grandparents, Stanley and Phyllis Kuligowski, 
two brothers and a sister. He will be missed dearly by all those who 
knew him.
  I ask my colleagues to join me and all Americans in honoring U.S. 
Army Specialist Adam Kuligowski.


                      Specialist Craig R. Hamilton

  Madam President, I wish to express my sympathy over the loss of U.S. 
Army SPC Craig R. Hamilton, a 35-year-old native of Nashua, NH. 
Specialist Hamilton died on March 27 at Fort Sam Houston in San 
Antonio, TX.
  Born in Nashua in 1974, Specialist Hamilton was raised and educated 
in nearby Milford. After graduating from Milford High School in 1992, 
he joined the U.S. Marine Corps, rising to the rank of corporal before 
being honorably discharged in 1996. Hamilton spent 11 years back home 
in Milford before deciding to once again serve his country by enlisting 
in the U.S. Army in 2007. He was assigned to Fort Sam Houston where he 
was recovering from a shoulder injury.
  New Hampshire is proud of Specialist Hamilton's service to and 
sacrifice for

[[Page 12667]]

our country. His decision to reenlist in the U.S. Army following his 
time in the Marine Corps demonstrates a deep commitment to duty and 
service for which his country will forever be grateful. He, and the 
thousands of brave men and women of the U.S. Armed Forces serving 
today, deserve America's highest honor and recognition.
  Specialist Hamilton is survived by his wife Stacey; his father and 
stepmother Chuck and Kathy Hamilton; his mother Karen Hamilton; and his 
brothers Jon and Adam. He will be missed dearly by all those who knew 
him.
  I ask my colleagues to join me and all Americans in honoring U.S. 
Army SPC Craig Hamilton.

                          ____________________




                   CELEBRATING TUNISIAN AMERICAN DAY

  Mrs. BOXER. Madam President, I ask my colleagues to join me in 
celebrating Tunisian American Day on May 27. This annual celebration is 
in recognition of the many contributions that Tunisian Americans have 
made to enrich our culture and society.
  The United States has maintained diplomatic relations with Tunisia 
for more than two centuries. On March 26, 1799, the first agreement of 
friendship and trade was concluded between the United States and 
Tunisia. The first American consulate was established in Tunis, the 
Tunisian capital, on January 20, 1800. On May 17, 1956, the United 
States was the first major power to recognize the sovereign state of 
Tunisia. Throughout the years, the United States and Tunisia have 
forged an amicable and enduring relationship that is based on a common 
commitment to the ideals of democracy and liberty.
  Currently, there are more than 13,500 Americans of Tunisian descent 
residing in the United States. The Tunisian American community has made 
invaluable contributions to improving our cultural diversity by sharing 
their proud heritage and rich cultural traditions.
  As Tunisian Americans gather to celebrate Tunisian American Day, I 
wish them a joyous and inspiring day and thank them for their 
contributions to cultural diversity.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                        REMEMBERING DOM DeLUISE

 Mrs. BOXER. Madam President, California and our Nation have 
lost one of our most talented entertainers. Dominick ``Dom'' DeLuise, a 
wonderful comedian and chef who entertained America with his delightful 
sense of humor, recently passed away. I would like to take a few 
moments to recognize Dom DeLuise's many accomplishments and the 
tremendous impact he made on our lives.
  Born in New York City, DeLuise entered acting at an early age. 
Although discouraged at first, he persisted in finding his way in the 
field of entertainment and into the hearts of his fans. His hard work 
and dedication earned him many entertaining and prestigious acting 
roles in film, television, and theater. Many films which feature Dom 
DeLuise, such as ``The Cannonball Run,'' ``Blazing Saddles,'' ``History 
of the World Part 1,'' and ``Spaceballs'' have become classics in their 
own right and will ensure that future generations will enjoy and 
appreciate his talent.
  Later in life, DeLuise worked toward furthering his love for the 
culinary arts and establishing himself as a chef. His efforts resulted 
in the publishing of two successful cookbooks: ``Eat This It Will Make 
You Feel Better!'' and ``Eat This Too! It'll Also Make You Feel Good.''
  I invite all of my colleagues to join me in recognizing and honoring 
Dominick ``Dom'' DeLuise for his work, which touched the lives of 
generations of Americans. He is survived by his wife of 54 years, Carol 
Arthur, and his three sons, Peter, David and Michael.

                          ____________________




           125TH ANNIVERSARY OF THE ADRIAN DOMINICAN SISTERS

 Mr. LEVIN. Madam President, service to your community and to 
those most in need is one of the most important legacies we can leave 
as individuals or as institutions. It is with this in mind that I am 
honored to congratulate the Adrian Dominican Sisters, the Congregation 
of the Most Holy Rosary as they celebrate their 125th anniversary 
today. Guided by the humble yet inspiring mission to seek truth, make 
peace, and reverence life, this congregation has made a profound and 
enduring impact on many lives.
  The Adrian Dominicans trace their history back to the establishment 
of the Holy Cross convent in 1233. A presence in the United States was 
established in 1853 with the arrival in New York of three sisters from 
this convent. Since the establishment of a hospital for injured 
railroad workers in 1884 to meet a pressing need in the Adrian 
community, the sisters of this congregation have devoted their energy, 
talent, and efforts in pursuit of meeting the spiritual, educational, 
and practical needs of those within the Adrian community and those far 
beyond its borders. Mother Camilla Madden was the first mother 
provincial, and she became the first mother general when the province 
became an independent congregation in 1923.
  Adrian has grown steadily since its founding and has not only 
maintained a presence in Adrian, but has branched out into communities 
far beyond through ministries in 31 States, the District Of Columbia, 
Puerto Rico, Canada, the Dominican Republic, Italy, and Swaziland. The 
Adrian Dominican Sisters currently number more than 900 and are 
involved in ministries primarily in areas of education, health care, 
and social work. The congregation currently sponsors two universities, 
including Siena Heights University; two hospital systems; a long-term 
health care facility; three congregation-owned schools; and two retreat 
centers.
  The Adrian Dominican Sisters have impacted many throughout its rich 
history, and I am truly delighted to recognize this impressive 
milestone, as well as their many important contributions over the 
years. Their influence and service to the community are apparent and 
appreciated by the many who have benefitted from their many spiritual 
and outreach efforts. I know my colleagues join me in congratulating 
Adrian Dominican Sisters on 125 years of dedicated service, and I wish 
them continued success as they build upon their legacy of 
accomplishment and excellence.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mrs. Neiman, one of his secretaries.

                          ____________________




                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




     REPORT ON THE CONTINUATION OF THE NATIONAL EMERGENCY THAT WAS 
  ORIGINALLY DECLARED IN EXECUTIVE ORDER 13047 OF MAY 20, 1997, WITH 
 RESPECT TO BURMA, AS RECEIVED DURING AN ADJOURNMENT OF THE SENATE ON 
                          MAY 15, 2009--PM 19

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Banking, Housing, and 
Urban Affairs:

To the Congress of the United States:
  Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) 
provides for the automatic termination of a national emergency unless, 
prior to the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress a

[[Page 12668]]

notice stating that the emergency is to continue in effect beyond the 
anniversary date. I have sent the enclosed notice to the Federal 
Register for publication, stating that the Burma emergency is to 
continue for 1 year beyond May 20, 2009.
  The crisis between the United States and Burma arising from the 
actions and policies of the Government of Burma, including its engaging 
in large-scale repression of the democratic opposition in Burma that 
led to the declaration of a national emergency in Executive Order 13047 
of May 20, 1997, as modified in scope and relied upon for additional 
steps taken in Executive Order 13310 of July 28, 2003, Executive Order 
13448 of October 18, 2007, and Executive Order 13464 of April 30, 2008, 
has not been resolved. These actions and policies are hostile to U.S. 
interests and pose a continuing unusual and extraordinary threat to the 
national security and foreign policy of the United States. For this 
reason, I have determined that it is necessary to continue the national 
emergency with respect to Burma and maintain in force the sanctions 
against Burma to respond to this threat.
                                                        Barack Obama.  
The White House, May 14, 2009.

                          ____________________




                         MESSAGE FROM THE HOUSE

  At 2:03 p.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 347. An act to grant the congressional gold medal, 
     collectively, to the 100th Infantry Battalion and the 442nd 
     Regimental Combat Team, United States Army, in recognition of 
     their dedicated service during World War II.
       H.R. 1209. An act to require the Secretary of the Treasury 
     to mint coins in recognition and celebration of the 
     establishment of the Medal of Honor in 1861, America's 
     highest award for valor in action against an enemy force 
     which can be bestowed upon an individual serving in the Armed 
     Services of the United States, to honor the American military 
     men and women who have been recipients of the Medal of Honor, 
     and to promote awareness of what the Medal of Honor 
     represents and how ordinary Americans, through courage, 
     sacrifice, selfless service and patriotism, can challenge 
     fate and change the course of history.
       H.R. 2187. An act to direct the Secretary of Education to 
     make grants to State educational agencies for the 
     modernization, renovation, or repair of public school 
     facilities, and for other purposes.

                          ____________________




                           MEASURES REFERRED

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

       H.R. 347. An act to grant the congressional gold medal, 
     collectively, to the 100th Infantry Battalion and the 442nd 
     Regimental Combat Team, United States Army, in recognition of 
     their dedicated service during World War II; to the Committee 
     on Banking, Housing, and Urban Affairs.
       H.R. 1209. An act to require the Secretary of the Treasury 
     to mint coins in recognition and celebration of the 
     establishment of the Medal of Honor in 1861, America's 
     highest award for valor in action against an enemy force 
     which can be bestowed upon an individual serving in the Armed 
     Services of the United States, to honor the American military 
     men and women who have been recipients of the Medal of Honor, 
     and to promote awareness of what the Medal of Honor 
     represents and how ordinary Americans, through courage, 
     sacrifice, selfless service and patriotism, can challenge 
     fate and change the course of history; to the Committee on 
     Banking, Housing, and Urban Affairs.
       H.R. 2187. An act to direct the Secretary of Education to 
     make grants to State educational agencies for the 
     modernization, renovation, or repair of public school 
     facilities, and for other purposes; to the Committee on 
     Health, Education, Labor, and Pensions.

                          ____________________




                   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-1637. A communication from the Fiscal Assistant 
     Secretary, Department of the Treasury, transmitting, pursuant 
     to law, a report relative to the notification of Congress 
     that during the period of January 1, 2008, through December 
     31, 2008, no exceptions to the prohibition against favored 
     treatment of a government securities broker or government 
     securities dealer were granted by the Secretary of the 
     Treasury; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-1638. A communication from the Fiscal Assistant 
     Secretary, Department of the Treasury, transmitting, pursuant 
     to law, a report relative to material violations or suspected 
     material violations of regulations relating to Treasury 
     auctions and other Treasury securities offerings for the 
     period of January 1, 2008 through December 31, 2008; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-1639. A communication from the Fiscal Assistant 
     Secretary, Department of the Treasury, transmitting, pursuant 
     to law, a report relative to significant modifications to the 
     auction process for issuing United States Treasury 
     obligations; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-1640. A communication from the Assistant Director for 
     Policy, Office of Foreign Assets Control, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Final Rule Amending the Terrorism List Governments 
     Sanctions Regulations'' (31 CFR Parts 596) received in the 
     Office of the President of the Senate on May 12, 2009; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-1641. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, an annual report relative to programs and 
     projects of the International Atomic Energy Agency (IAEA); to 
     the Committee on Foreign Relations.
       EC-1642. A communication from the Assistant Secretary, 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report of a Determination and 
     Certification under Section 40A of the Arms Export Control 
     Act relative to countries not cooperating fully with United 
     States antiterrorism efforts; to the Committee on Foreign 
     Relations.
       EC-1643. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to the Case-Zablocki Act, 1 U.S.C. 112b, as amended, 
     the report of the texts and background statements of 
     international agreements, other than treaties (List 2009-
     0062-2009-0067); to the Committee on Foreign Relations.
       EC-1644. A communication from the Acting Secretary, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, a report entitled ``Delays in Approvals of 
     Applications Related to Citizen Petitions and Petitions for 
     Stay of Agency Action for Fiscal Year 2008; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-1645. A communication from the Deputy General Counsel 
     and Designated Reporting Official, Office of National Drug 
     Control Policy, Executive Office of the President, 
     transmitting, pursuant to law, the report of a confirmation 
     in the position of Director of National Drug Control Policy, 
     received in the Office of the President of the Senate on May 
     13, 2009; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-1646. A communication from the Assistant Attorney 
     General, Office of Legislative Affairs, Department of 
     Justice, transmitting, pursuant to law, a report relative to 
     the Department's activities regarding civil rights era 
     homicides; to the Committee on the Judiciary.
       EC-1647. A communication from the Deputy Director, National 
     Institute of Standards and Technology, Department of 
     Commerce, transmitting, pursuant to law, the report of a rule 
     entitled ``Measurement, Science and Engineering Research 
     Grants Programs; Availability of Funds'' (RIN0693-ZA84) 
     received in the Office of the President of the Senate on May 
     6, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1648. A communication from the Deputy Director, National 
     Institute of Standards and Technology, Department of 
     Commerce, transmitting, pursuant to law, the report of a rule 
     entitled ``Construction Grant Program Notice of Availability 
     of Funds'' (RIN0693-ZA81) received in the Office of the 
     President of the Senate on May 6, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-1649. A communication from the Deputy Director, National 
     Institute of Standards and Technology, Department of 
     Commerce, transmitting, pursuant to law, the report of a rule 
     entitled ``Precision Measurement Grants Programs; 
     Availability of Funds'' (RIN0693-ZA83) received in the Office 
     of the President of the Senate on May 6, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1650. A communication from the Deputy Director, National 
     Institute of Standards and Technology, Department of 
     Commerce, transmitting, pursuant to law, the report of a rule 
     entitled ``Summer Undergraduate Research Fellowships (SURF) 
     NIST Gaithersburg and Boulder Programs; Availability of 
     Funds'' (RIN0693-ZA85) received in the Office of the 
     President of the Senate on May 6, 2008; to the Committee on 
     Commerce, Science, and Transportation.

[[Page 12669]]


       EC-1651. A communication from the Deputy Director, National 
     Institute of Standards and Technology, Department of 
     Commerce, transmitting, pursuant to law, the report of a rule 
     entitled ``Technology Innovation Program (TIP) Notice of 
     Availability of Funds and Announcement of Public Meeting 
     (Proposers' Conference)'' (RIN0693-ZA89) received in the 
     Office of the President of the Senate on May 6, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1652. 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. 30663) (Amendment No. 3318)) 
     received in the Office of the President of the Senate on May 
     11, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1653. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Special Requirements for Private Use Transport Category 
     Airplanes'' ((RIN2120-AI61) (Docket No. FAA-2007-28250)) 
     received in the Office of the President of the Senate on May 
     11, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1654. 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. 30664) (Amendment No. 3319)) 
     received in the Office of the President of the Senate on May 
     11, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1655. 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 D and Class E Airspace; Albemarle, 
     NC'' ((Docket No. FAA-2009-0203) (Airspace Docket No. 09-ASO-
     12)) received in the Office of the President of the Senate on 
     May 11, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1656. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Sikorsky Aircraft Corporation 
     Model S-92A Helicopters'' ((Docket No. FAA-2009-0351) 
     (Directorate Identifier 2009-SW-08-AD)) received in the 
     Office of the President of the Senate on May 11, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1657. 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; Rutland, VT'' ((Docket No. 
     FAA-2008-1076) (Airspace Docket No. 08-ANE-102)) received in 
     the Office of the President of the Senate on May 11, 2009; to 
     the Committee on Commerce, Science, and Transportation.
       EC-1658. 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; Refugio, TX'' ((Docket No. 
     FAA-2009-0241) (Airspace Docket No. 09-ASW-6)) received in 
     the Office of the President of the Senate on May 11, 2009; to 
     the Committee on Commerce, Science, and Transportation.
       EC-1659. 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 May 11, 2009; 
     to the Committee on Commerce, Science, and Transportation.
       EC-1660. 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 May 
     11, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1661. 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 May 11, 2009; 
     to the Committee on Commerce, Science, and Transportation.
       EC-1662. 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 737-100, -200, -
     200C, -300 -400 and -500 Series Airplanes'' ((RIN2120-AA64) 
     (Docket No. FAA-2008-1070)) received in the Office of the 
     President of the Senate on May 11, 2009; to the Committee on 
     Commerce, Science, and Transportation.
       EC-1663. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Emission Standards for Turbine Engine Powered Airplanes'' 
     ((RIN2120-AJ41)(Docket No. FAA-2009-0112)) received in the 
     Office of the President of the Senate on May 11, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1664. A Communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Communication and Area Navigation Equipment (RNAV) 
     Operations in Remote Locations and Mountainous Terrain'' 
     ((RIN2120-AJ46)(Docket No. FAA-2002-14002)) received in the 
     Office of the President of the Senate on May 11, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1665. 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 A318, A319, A320, 
     and A321 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-
     1327)) received in the Office of the President of the Senate 
     on May 11, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1666. 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 737-100, -200, -
     200C, -300 -400 and-500 Series Airplanes'' ((RIN 2120-
     AA64)(Docket No. FAA-2008-1275)) received in the Office of 
     the President of the Senate on May 11, 2009; to the Committee 
     on Commerce, Science, and Transportation; to the Committee on 
     Commerce, Science, and Transportation.
       EC-1667. 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 Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2008-1239)) received in the 
     Office of the President of the Senate on May 11, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1668. A communication from the Secretary of the Senate, 
     transmitting, pursuant to law, the report of the receipts and 
     expenditures of the Senate for the period from October 1, 
     2008 through March 31, 2009 received in the Office of the 
     President of the Senate during an adjournment of the Senate 
     on May 15, 2009; ordered to lie on the table.

                          ____________________




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of a nomination was submitted:

       By Mr. DORGAN for the Committee on Indian Affairs.
       *Larry J. Echo Hawk, of Utah, to be an Assistant Secretary 
     of the Interior.

  *Nomination was reported with recommendation that it be confirmed 
subject to the nominee's commitment to respond to requests to appear 
and testify before any duly constituted committee of the Senate.

                          ____________________




              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. CRAPO:
       S. 1059. A bill to permit commercial vehicles at weights up 
     to 129,000 pounds to use certain highways of the Interstate 
     System in the State of Idaho which would provide significant 
     savings in the transportation of goods throughout the United 
     States, and for other purposes; to the Committee on 
     Environment and Public Works.
           By Mr. BINGAMAN:
       S. 1060. A bill to comprehensively prevent, treat, and 
     decrease overweight and obesity in our Nation's populations; 
     to the Committee on Health, Education, Labor, and Pensions.
           By Mr. BROWN:
       S. 1061. A bill to reauthorize the Uranium Enrichment 
     Decontamination and Decommissioning Fund and to direct the 
     Secretary of Energy to provide a plan for the re-enrichment 
     of certain uranium tailings; to the Committee on Energy and 
     Natural Resources.
           By Mr. TESTER:
       S. 1062. A bill to amend the Beef Research and Information 
     Act to allow the promotion of beef that is born and raised 
     exclusively in the United States and to establish new 
     referendum requirements; to the Committee on Agriculture, 
     Nutrition, and Forestry.
           By Mr. BROWN:
       S. 1063. A bill to amend the USEC Privatization Act to 
     authorize the Secretary of Energy to pay affected 
     participants under a pension plan referred to in the USEC 
     Privatization Act for benefit increases not received; to the 
     Committee on Finance.

[[Page 12670]]


           By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Burris, 
             and Mrs. McCaskill):
       S. 1064. A bill to amend the American Recovery and 
     Reinvestment Act of 2009 to provide for enhanced State and 
     local oversight of activities conducted under such Act, and 
     for other purposes; to the Committee on Homeland Security and 
     Governmental Affairs.
           By Mr. BROWNBACK (for himself and Mr. Casey):
       S. 1065. A bill to authorize State and local governments to 
     direct divestiture from, and prevent investment in, companies 
     with investments of $20,000,000 or more in Iran's energy 
     sector, and for other purposes; to the Committee on Banking, 
     Housing, and Urban Affairs.
           By Mr. SCHUMER (for himself, Mr. Roberts, Mr. Sessions, 
             Mr. Conrad, Ms. Landrieu, Mr. Leahy, and Mr. 
             Sanders):
       S. 1066. A bill to amend title XVIII of the Social Security 
     Act to preserve access to ambulance services under the 
     Medicare program; to the Committee on Finance.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 370

  At the request of Mr. Johanns, his name was added as a cosponsor of 
S. 370, a bill to prohibit the use of funds to transfer detainees of 
the United States at Naval Station, Guantanamo Bay, Cuba, to any 
facility in the United States or to construct any facility for such 
detainees in the United States, and for other purposes.


                                 S. 448

  At the request of Mr. Specter, the name of the Senator from North 
Carolina (Mrs. Hagan) was added as a cosponsor of S. 448, a bill to 
maintain the free flow of information to the public by providing 
conditions for the federally compelled disclosure of information by 
certain persons connected with the news media.


                                 S. 475

  At the request of Mr. Burr, the name of the Senator from Louisiana 
(Mr. Vitter) was added as a cosponsor of S. 475, a bill to amend the 
Servicemembers Civil Relief Act to guarantee the equity of spouses of 
military personnel with regard to matters of residency, and for other 
purposes.


                                 S. 511

  At the request of Mr. Brownback, the name of the Senator from 
Massachusetts (Mr. Kennedy) was added as a cosponsor of S. 511, a bill 
to amend part B of title XVIII of the Social Security Act to provide 
for an exemption of pharmacies and pharmacists from certain Medicare 
accreditation requirements in the same manner as such exemption applies 
to certain professionals.


                                 S. 614

  At the request of Mrs. Hutchison, the name of the Senator from Hawaii 
(Mr. Akaka) was added as a cosponsor of S. 614, a bill to award a 
Congressional Gold Medal to the Women Airforce Service Pilots 
(``WASP'').


                                 S. 658

  At the request of Mr. Tester, the name of the Senator from Illinois 
(Mr. Durbin) was added as a cosponsor of S. 658, a bill to amend title 
38, United States Code, to improve health care for veterans who live in 
rural areas, and for other purposes.


                                 S. 676

  At the request of Mr. Schumer, the name of the Senator from Alaska 
(Mr. Begich) was added as a cosponsor of S. 676, a bill to amend the 
Internal Revenue Code of 1986 to modify the tax rate for excise tax on 
investment income of private foundations.


                                 S. 707

  At the request of Mr. Akaka, the name of the Senator from Louisiana 
(Ms. Landrieu) was added as a cosponsor of S. 707, a bill to enhance 
the Federal Telework Program.


                                 S. 726

  At the request of Mr. Schumer, the name of the Senator from New 
Mexico (Mr. Bingaman) was added as a cosponsor of S. 726, a bill to 
amend the Public Health Service Act to provide for the licensing of 
biosimilar and biogeneric biological products, and for other purposes.


                                 S. 752

  At the request of Mr. Durbin, the name of the Senator from New York 
(Mrs. Gillibrand) was added as a cosponsor of S. 752, a bill to reform 
the financing of Senate elections, and for other purposes.


                                 S. 795

  At the request of Mr. Hatch, the names of the Senator from Missouri 
(Mr. Bond), the Senator from Indiana (Mr. Bayh) and the Senator from 
Rhode Island (Mr. Reed) were added as cosponsors of S. 795, a bill to 
amend the Social Security Act to enhance the social security of the 
Nation by ensuring adequate public-private infrastructure and to 
resolve to prevent, detect, treat, intervene in, and prosecute elder 
abuse, neglect, and exploitation, and for other purposes.


                                 S. 812

  At the request of Mr. Baucus, the name of the Senator from Idaho (Mr. 
Risch) was added as a cosponsor of S. 812, a bill to amend the Internal 
Revenue Code of 1986 to make permanent the special rule for 
contributions of qualified conservation contributions.


                                 S. 819

  At the request of Mr. Durbin, the names of the Senator from Rhode 
Island (Mr. Whitehouse) and the Senator from Massachusetts (Mr. 
Kennedy) were added as cosponsors of S. 819, a bill to provide for 
enhanced treatment, support, services, and research for individuals 
with autism spectrum disorders and their families.


                                 S. 827

  At the request of Mr. Bingaman, his name was added as a cosponsor of 
S. 827, a bill to establish a program to reunite bondholders with 
matured unredeemed United States savings bonds.


                                 S. 832

  At the request of Mr. Nelson of Florida, the name of the Senator from 
Louisiana (Mr. Vitter) was added as a cosponsor of S. 832, a bill to 
amend title 36, United States Code, to grant a Federal charter to the 
Military Officers Association of America, and for other purposes.


                                 S. 833

  At the request of Mr. Schumer, the names of the Senator from Rhode 
Island (Mr. Reed) and the Senator from Illinois (Mr. Burris) were added 
as cosponsors of S. 833, a bill to amend title XIX of the Social 
Security Act to permit States the option to provide Medicaid coverage 
for low-income individuals infected with HIV.


                                 S. 846

  At the request of Mr. Durbin, the name of the Senator from Oregon 
(Mr. Merkley) was added as a cosponsor of S. 846, a bill to award a 
congressional gold medal to Dr. Muhammad Yunus, in recognition of his 
contributions to the fight against global poverty.


                                 S. 908

  At the request of Mr. Bayh, the name of the Senator from Georgia (Mr. 
Isakson) was added as a cosponsor of S. 908, a bill to amend the Iran 
Sanctions Act of 1996 to enhance United States diplomatic efforts with 
respect to Iran by expanding economic sanctions against Iran.


                                 S. 909

  At the request of Ms. Stabenow, her name was added as a cosponsor of 
S. 909, a bill to provide Federal assistance to States, local 
jurisdictions, and Indian tribes to prosecute hate crimes, and for 
other purposes.
  At the request of Mr. Begich, his name was added as a cosponsor of S. 
909, supra.


                                 S. 925

  At the request of Mrs. Gillibrand, the name of the Senator from 
Illinois (Mr. Burris) was added as a cosponsor of S. 925, a bill to 
direct the Secretary of Health and Human Services to study the presence 
of contaminants and impurities in cosmetics and personal care products 
marketed to and used by children.


                                 S. 956

  At the request of Mr. Tester, the name of the Senator from 
Massachusetts (Mr. Kennedy) was added as a cosponsor of S. 956, a bill 
to amend title XVIII of the Social Security Act to exempt unsanctioned 
State-licensed retail pharmacies from the surety bond requirement under 
the Medicare Program for suppliers of durable medical equipment, 
prosthetics, orthotics, and supplies (DMEPOS).


                                 S. 982

  At the request of Mr. Menendez, his name was added as a cosponsor of 
S.

[[Page 12671]]

982, a bill to protect the public health by providing the Food and Drug 
Administration with certain authority to regulate tobacco products.


                                 S. 984

  At the request of Mrs. Boxer, the name of the Senator from 
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 984, a bill to 
amend the Public Health Service Act to provide for arthritis research 
and public health, and for other purposes.


                                 S. 987

  At the request of Mr. Durbin, the name of the Senator from 
Connecticut (Mr. Dodd) was added as a cosponsor of S. 987, a bill to 
protect girls in developing countries through the prevention of child 
marriage, and for other purposes.


                                S. 1026

  At the request of Mr. Cornyn, the names of the Senator from Iowa (Mr. 
Grassley), the Senator from Nevada (Mr. Ensign), the Senator from 
Arizona (Mr. Kyl) and the Senator from Kansas (Mr. Roberts) were added 
as cosponsors of S. 1026, a bill to amend the Uniformed and Overseas 
Citizens Absentee Voting Act to improve procedures for the collection 
and delivery of marked absentee ballots of absent overseas uniformed 
service voters, and for other purposes.


                                S. 1052

  At the request of Mr. Conrad, the name of the Senator from Arkansas 
(Mrs. Lincoln) was added as a cosponsor of S. 1052, a bill to amend the 
small, rural school achievement program and the rural and low-income 
school program under part B of title VI of the Elementary and Secondary 
Education Act of 1965.


                                S. 1057

  At the request of Mr. Tester, the name of the Senator from South 
Dakota (Mr. Johnson) was added as a cosponsor of S. 1057, a bill to 
amend the Public Health Service Act to provide for the participation of 
physical therapists in the National Health Service Corps Loan Repayment 
Program, and for other purposes.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BINGAMAN:
  S. 1060. A bill to comprehensively prevent, treat, and decrease 
overweight and obesity in our Nation's populations; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Obesity 
Prevention, Treatment and Research Act of 2009. This legislation would 
develop a national strategy to organize our efforts to combat childhood 
and adult obesity. It would help foster unprecedented collaborations 
and collective actions across agencies, and among private entities, 
individuals, and communities.
  The prevalence of obesity in the U.S. has grown to staggering 
proportions. According to the Centers for Disease Control and 
Prevention National Center for Health Statistics, 66 percent of adults 
and 32 percent of children are considered either overweight or obese. 
Over the past 30 years, the obesity rate has more than doubled across 
all age groups. The U.S. now has the highest prevalence of obesity 
among the developed nations. In fact, the prevalence of obesity in the 
U.S. in 2006, 34 percent, is more than twice the average for other 
developed nations.
  The Obesity Prevention, Treatment and Research Act of 2009 
comprehensively addresses the obesity and overweight epidemic by 
focusing on coordinating and augmenting existing prevention and 
treatment activities. This legislation is based on recommendations of 
the Institutes of Medicine, IOM, to confront the obesity epidemic. It 
focuses on developing dynamic new collaborations and will improve 
access for beneficiaries in Medicare, Medicaid, and other Federal 
programs to nutritional counseling, prevention services, and physical 
education programs.
  Obesity is a costly problem for the U.S. both in terms of health care 
expenditures and the loss of life. The incidence of type 2 diabetes, 
high blood pressure, and progressive liver disease--ailments once 
associated only with adults--is rising among overweight children. These 
health risks compound with age, since overweight children and 
adolescents are more likely to become obese adults. For the first time 
in our history, the lifespan of a child born today may be less than 
that of his or her parents. Interventions aimed at significantly 
decreasing the prevalence of these illnesses are extremely cost 
effective and are critical to overall disease prevention and health 
promotion efforts. The Trust for America's Health recently reported 
that an investment of just $10 per person per year in proven community-
based disease prevention programs would yield a $2.8 billion annual 
health expenditure reduction. Put another way, our nation would recoup 
nearly $1 over and above the cost of a comprehensive disease prevention 
and health promotion program for every $1 invested in the first 1 to 2 
years of the program. To that end, my legislation creates grant 
programs to provide funding to schools, community health centers, 
academic institutions, State medical societies, State health 
departments, and communities to reduce the prevalence of obesity and 
improve the prevention and treatment of individuals who are obese or 
overweight.
  The Obesity Prevention, Treatment and Research Act of 2009 
establishes the U.S. Council on Overweight & Obesity Prevention, USCO-
OP, which is charged with creating a comprehensive strategy to prevent, 
treat and reduce the prevalence of overweight individuals and obesity. 
This advisory council will update Federal guidelines; identify best 
practices; conduct ongoing surveillance and monitoring of existing 
Federal programs; and make recommendations to coordinate budgets, 
policies, and programs across Federal agencies in collaboration with 
private and public partners. In addition, the Council will help develop 
and update the daily physical activity requirements in our schools, and 
identify activities that families can do together.
  It is also critical to recognize that certain populations are more 
vulnerable than others to the obesity epidemic. Minorities, especially 
from Hispanic and Native American communities, are disproportionately 
affected by this disease. For example, in my home State of New Mexico, 
approximately 26 percent of Hispanic and 32 percent of Native American 
adolescents, grades 9-12, are overweight or obese; the rate of 
prevalence is less than 20 percent among white, non-Hispanic 
adolescents. I have, therefore, prioritized grants in this legislation 
to these populations and required Federal reporting on research and 
data related to obesity in disproportionately affected groups. This 
includes grants aimed at behavioral risk factors such as sedentary 
lifestyles and poor nutrition.
  This bill will help further develop and then increase funding to the 
Department of Agriculture's Fresh Fruit and Vegetable Program. This 
will help ensure that low-income children will have access to healthier 
foods within their schools. In addition, the Secretary of Health and 
Human Services and the Secretary of Agriculture will be tasked to 
consult with the USCO-OP to update and reform Federal oversight of food 
and beverage labeling. Such reforms include improving the transparency 
of labeling with regard to nutritional and caloric value of food and 
beverages.
  I think it is imperative that we provide treatment to those 
individuals who are likely to develop obesity-related ailments before 
the full onset of disease. The Obesity Prevention, Treatment and 
Research Act of 2009 does this by expanding coverage of Medicare to 
include medical nutritional counseling for beneficiaries who are 
overweight or obese and are considered pre-diabetics. In addition, my 
legislation gives States the option to include medical nutrition 
therapy services in Medicaid and SCHIP.
  There is no doubt that the obesity epidemic has grown immensely. I am 
confident, however, that it can be stopped but it requires a nationwide 
commitment for resolution. I look forward to working with my colleagues 
to enact this legislation this year.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page 12672]]

  There being no objection, the text of the bill was orderd to be 
printed in the Record, as follows:

                                S. 1060

       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 ``Obesity Prevention, 
     Treatment, and Research Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) In 2001, the United States Surgeon General released the 
     Call to Action to Prevent and Decrease Overweight and Obesity 
     to bring attention to the public health problems related to 
     obesity.
       (2) Since the Surgeon General's call to action, the 
     problems of obesity and overweight have become epidemic, 
     occurring in all ages, ethnicities and races, and individuals 
     in every State.
       (3) The United States now has the highest prevalence of 
     obesity among the developed nations, according to 2006 data 
     by the Organisation for Economic Co-operation and 
     Development. The prevalence of obesity in the United States 
     (34 percent) is more than twice the average for other 
     developed nations (13 percent). The closest nation in 
     prevalence of obesity is the United Kingdom (24 percent) 
     which is over 25 percent less than the United States.
       (4) The National Health and Nutrition Examination Survey in 
     2006 estimated that 32 percent of children and adolescents 
     aged 2 to 19 and an alarming 66 percent of adults are 
     overweight or obese.
       (5) More than 30 percent of young people in grades 9 
     through 12 do not regularly engage in vigorous intensity 
     physical activity, while almost 40 percent of adults are 
     sedentary and 70 percent report getting less than 20 minutes 
     of regular physical activity per day.
       (6) The Institute of Medicine, in their 2005 publication 
     ``Preventing Childhood Obesity: Health in the Balance'', 
     reported that over the last 3 decades, the rate of childhood 
     obesity has tripled for children aged 6 to 11 years, and 
     doubled for children aged 2 to 5 years old and in adolescents 
     aged 12 to 19 years old. In 2004, approximately 9,000,000 
     children over 6 years of age were obese. Only 2 percent of 
     children eat a healthy diet consistent with Federal nutrition 
     guidelines.
       (7) For children born in 2000, it is estimated the lifetime 
     risk of being diagnosed with type 2 diabetes is 40 percent 
     for females and 30 percent for males.
       (8) Overweight and obesity disproportionately affect 
     minority populations and women. According to the 2006 
     Behavioral Risk Factor Surveillance System of the Centers for 
     the Disease Control and Prevention, 61 percent of adults in 
     the United States are overweight or obese.
       (9) The Centers for the Disease Control and Prevention 
     estimates the annual expenditures related to overweight and 
     obesity in the United States to be $117,000,000,000 in 2001 
     and rising rapidly.
       (10) The Centers for the Disease Control and Prevention 
     estimates that the increase in the number of overweight and 
     obese Americans between 1987 and 2001 resulted in a 27 
     percent increase in per capita health costs, and that as many 
     as 112,000 deaths per year are associated with obesity.
       (11) Being overweight or obese increases the risk of 
     chronic diseases including diabetes, heart disease, stroke, 
     certain cancers, arthritis, and other health problems.
       (12) According to the National Institute of Diabetes and 
     Digestive and Kidney Diseases, individuals who are obese have 
     a 50 to 100 percent increased risk of premature death.
       (13) Healthy People 2010 goals identify overweight and 
     obesity as 1 of the Nation's leading health problems and 
     include objectives for increasing the proportion of adults 
     who are at a healthy weight, reducing the proportion of 
     adults who are obese, and reducing the proportion of children 
     and adolescents who are overweight or obese.
       (14) Another Healthy People 2010 goal is to eliminate 
     health disparities among different segments of the 
     population. Obesity is a health problem that 
     disproportionally impacts medically underserved populations.
       (15) Food and beverage advertisers are estimated to spend 
     $10,000,000 to $12,000,000,000 per year to target children 
     and youth.
       (16) The United States spends less than 2 percent of its 
     annual health expenditures on prevention.
       (17) Employer health promotion investments net a return of 
     $3 for every $1 invested.
       (18) High-energy dense and low-nutrient dense foods 
     represent 30 percent of American's total calorie intake. Fast 
     food company menus are twice the energy density of 
     recommended healthful diets.
       (19) Research suggests that individuals eat too much high-
     energy dense foods without feeling full because the brain's 
     pathways that regulate hunger and influence normal food 
     intake are not triggered by these foods.
       (20) Packaging, product placement, and high-energy dense 
     food content manipulation contribute to the overweight and 
     obesity epidemic in the United States.
       (21) Such marketing and content manipulation techniques 
     have been used by other industries to encourage consumption 
     at the expense of health. To help individuals make healthy 
     choices, education and information must be available with 
     clear, consistent, and accurate labeling.

         TITLE I--OBESITY TREATMENT, PREVENTION, AND REDUCTION

     SEC. 101. UNITED STATES COUNCIL ON OVERWEIGHT-OBESITY 
                   PREVENTION.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by--
       (1) redesignating section 399R (as inserted by section 2 of 
     Public Law 110-373) as section 399S;
       (2) redesignating section 399R (as inserted by section 3 of 
     Public Law 110-374) as section 399T; and
       (3) adding at the end the following:

     ``SEC. 399U. UNITED STATES COUNCIL ON OVERWEIGHT-OBESITY 
                   PREVENTION.

       ``(a) Establishment.--The Secretary shall convene a United 
     States Council on Overweight-Obesity Prevention (referred to 
     in this section as `USCO-OP').
       ``(b) Membership.--
       ``(1) In general.--USCO-OP shall be composed of 20 members, 
     which shall consist of--
       ``(A) the Secretary;
       ``(B) the Secretary (or his or her designee) of--
       ``(i) the Department of Agriculture;
       ``(ii) the Department of Education;
       ``(iii) the Department of Housing and Urban Development;
       ``(iv) the Department of the Interior
       ``(v) the Federal Trade Commission;
       ``(vi) the Department of Transportation; and
       ``(vii) any other Federal agency that the Secretary of 
     Health and Human Services determines appropriate;
       ``(C) the Chairman (or his or her designee) of the Federal 
     Communications Commission;
       ``(D) the Director (or his or her designee) of the Centers 
     for Disease Control and Prevention, the National Institutes 
     of Health, and the Agency for Healthcare Research and 
     Quality;
       ``(E) the Administrator of the Centers for Medicare and 
     Medicaid Services (or his or her designee);
       ``(F) the Commissioner of Food and Drugs (or his or her 
     designee); and
       ``(G) a minimum of 5 representatives, appointed by the 
     Secretary, of expert organizations such as public health 
     associations, key healthcare provider groups, planning and 
     development organizations, education associations, advocacy 
     groups, relevant industries, State and local leadership, and 
     other entities as determined appropriate by the Secretary.
       ``(2) Appointments.--The Secretary shall accept nominations 
     for representation on USCO-OP through public comment before 
     the initial appointment of members of USCO-OP under paragraph 
     (1)(G), and on a regular basis for open positions thereafter, 
     but not less than every 2 years.
       ``(3) Chairperson.--The chairperson of USCO-OP shall be--
       ``(A) an individual appointed by the President; and
       ``(B) until the date that an individual is appointed under 
     subparagraph (A), the Secretary.
       ``(c) Meetings.--
       ``(1) In general.--USCO-OP shall meet--
       ``(A) not later than 180 days after the date of enactment 
     of the Obesity Prevention, Treatment, and Research Act of 
     2009; and
       ``(B) at the call of the chairperson thereafter, but in no 
     case less often than 2 times per year.
       ``(2) Meetings of federal agencies.--The representatives of 
     the Federal agencies on USCO-OP shall meet on a regular 
     basis, as determined by the Secretary, to develop strategies 
     to coordinate budgets and discuss other issues that are not 
     otherwise permitted to be discussed in a public forum. The 
     purpose of such meetings shall be to allow more rapid 
     interagency strategic planning and intervention 
     implementation to address the overweight and obesity 
     epidemic.
       ``(d) Duties of USCO-OP.--USCO-OP shall--
       ``(1) develop strategies to comprehensively prevent, treat, 
     and reduce overweight and obesity;
       ``(2) coordinate interagency cooperation and action related 
     to the prevention, treatment, and reduction of overweight and 
     obesity in the United States;
       ``(3) identify best practices in communities to address 
     overweight and obesity;
       ``(4) work with appropriate entities to evaluate the 
     effectiveness of obesity and overweight interventions;
       ``(5) update the National Institutes of Health 1998 
     `Clinical Guidelines on the Identification, Evaluation, and 
     Treatment of Overweight and Obesity in Adults: The Evidence 
     Report' and include sections on childhood obesity in such 
     updated report;
       ``(6) conduct ongoing surveillance and monitoring using 
     tools such as the National Health and Nutrition Examination 
     Survey and the Behavioral Risk Factor Surveillance System and 
     assure adequate and consistent funding to support data 
     collection and analysis to inform policy;
       ``(7) make recommendations to coordinate budgets, grant and 
     pilot programs, policies, and programs across Federal 
     agencies to cohesively address overweight and obesity, 
     including with respect to the grant programs

[[Page 12673]]

     carried out under sections 306(n), 399V, and 1904(a)(1)(H);
       ``(8) make recommendations to update and improve the daily 
     physical activity requirements for students under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) and include recommendations about physical 
     activities that families can do together, and involving 
     parents in these activities;
       ``(9) make recommendations about coverage for obesity-
     related services and for an early and periodic screening, 
     diagnostic, and treatment services program under the State 
     Children's Health Insurance Program established under title 
     XXI of the Social Security Act;
       ``(10) make recommendations for obesity-related 
     information, including height, weight, and body mass index, 
     to be included in electronic health records for the purpose 
     of ongoing surveillance and monitoring; and
       ``(11) provide guidelines for childhood obesity health care 
     related treatment under the early and periodic screening, 
     diagnostic, and treatment services program under the Medicaid 
     program established under title XIX of the Social Security 
     Act and otherwise described in section 2103(c)(5) of such 
     Act.
       ``(e) Report.--Not later than 18 months after the date of 
     enactment of the Obesity Prevention, Treatment, and Research 
     Act of 2009, and on an annual basis thereafter, USCO-OP shall 
     submit to the President and to the relevant committees of 
     Congress, a report that--
       ``(1) summarizes the activities and efforts of USCO-OP 
     under this section to coordinate interagency prevention, 
     treatment, and reduction of obesity and overweight, including 
     a detailed strategic plan with recommendations for each 
     Federal agency;
       ``(2) evaluates the effectiveness of these coordinated 
     interventions and conducts interim assessments and reporting 
     of health outcomes, achievement of milestones, and 
     implementation of strategic plan goals starting with the 
     second report, and yearly thereafter; and
       ``(3) makes recommendations for the following year's 
     strategic plan based on data and findings from the previous 
     year.
       ``(f) Technical Assistance.--The Department of Health and 
     Human Services may provide technical assistance to USCO-OP to 
     carry out the activities under this section.
       ``(g) Permanence of Committee.--Section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to 
     USCO-OP.''.

     SEC. 102. GRANTS AND DEMONSTRATION PROGRAMS TO PROMOTE 
                   POSITIVE HEALTH BEHAVIORS IN POPULATIONS 
                   DISPROPORTIONATELY AFFECTED BY OBESITY AND 
                   OVERWEIGHT.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.), as amended by section 101, is amended 
     by adding at the end the following:

     ``SEC. 399V. GRANTS AND DEMONSTRATION PROGRAMS TO PROMOTE 
                   POSITIVE HEALTH BEHAVIORS IN POPULATIONS 
                   DISPROPORTIONATELY AFFECTED BY OBESITY AND 
                   OVERWEIGHT.

       ``(a) Eligible Entity.--For purposes of this section, the 
     term `eligible entity' means--
       ``(1) a city, county, Indian tribe, tribal organization, 
     territory, or State;
       ``(2) a local, tribal, or State educational agency;
       ``(3) a Federal medical facility, including a federally 
     qualified health center (as defined in section 1861(aa)(4) of 
     the Social Security Act), an Indian Health Service hospital 
     or clinic, any health facility or program operated by or 
     pursuant to a contractor grant from the Indian Health 
     Service, an Indian Health Service entity, an urban Indian 
     center, an Indian tribal clinic, a health care for the 
     homeless center, a rural health center, migrant health 
     center, and any other Federal medical facility;
       ``(4) any entity meeting the criteria for medical home 
     under section 204 of the Tax Relief and Health Care Act of 
     2006 (Public Law 109-432);
       ``(5) a nonprofit organization (such as an academic health 
     center or community health center);
       ``(6) a health department;
       ``(7) any licensed or certified health provider;
       ``(8) an accredited university or college;
       ``(9) a community-based organization;
       ``(10) a local city planning agency; and
       ``(11) any other entity determined appropriate by the 
     Secretary.
       ``(b) Application.--An eligible entity that desires a grant 
     under this section shall submit an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require, including a plan for the use of funds 
     that may be awarded and an evaluation of any training that 
     will be provided under such grant.
       ``(c) Grant Demonstration and Pilot Program.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     and in consultation with the United States Council on 
     Overweight-Obesity Prevention under section 399U, shall 
     establish and evaluate a grant demonstration and pilot 
     program for entities to--
       ``(A) prevent, treat, or otherwise reduce overweight and 
     obesity;
       ``(B) increase the number of children and adults who safely 
     walk or bike to school or work;
       ``(C) increase the availability and affordability of fresh 
     fruits and vegetables in the community;
       ``(D) expand safe and accessible walking paths and 
     recreational facilities to encourage physical activity, and 
     other interventions to create healthy communities;
       ``(E) create advertising, social marketing, and public 
     health campaigns promoting healthier food choices, increased 
     physical activity, and healthier lifestyles targeted to 
     individuals and to families;
       ``(F) promote increased rates and duration of breast-
     feeding; and
       ``(G) increase worksite and employer promotion of and 
     involvement in community initiatives that prevent, treat, or 
     otherwise reduce overweight and obesity.
       ``(2) Special priority.--Special priority will be given to 
     grant proposals that target communities or populations 
     disproportionately affected by overweight or obesity, 
     including Native Americans, other minorities, and women.
       ``(d) Grants To Promote Positive Health Behaviors in 
     Populations Disproportionately Affected by Obesity and 
     Overweight.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     may award grants to eligible entities to promote health 
     behaviors for women and children in target populations, 
     especially racial and ethnic minority populations in 
     medically underserved communities.
       ``(2) Use of funds.--An award under this section shall be 
     used to carry out any of the following:
       ``(A) To educate, promote, prevent, treat and determine 
     best practices in overweight and obese populations.
       ``(B) To address behavioral risk factors including 
     sedentary lifestyle, poor nutrition, being overweight or 
     obese, and use of tobacco, alcohol or other substances that 
     increase the risk of morbidity and mortality. Special 
     priority will be given to grant applications that--
       ``(i) propose interventions that address embedded levels of 
     influence on behavior, including the individual, family, 
     peers, community and society; and
       ``(ii) utilize techniques that promote community 
     involvement in the design and implementation of interventions 
     including community diagnosis and community-based 
     participatory research.
       ``(C) To develop and implement interventions to promote a 
     balance of energy consumption and expenditure, to attain 
     healthier weight, prevent obesity, and reduce morbidity and 
     mortality associated with overweight and obesity.
       ``(D)(i) To train primary care physicians and other 
     licensed or certified health professionals on how to 
     identify, treat, and prevent obesity or eating disorders and 
     aid individuals who are overweight, obese, or who suffer from 
     eating disorders.
       ``(ii) To use evidence-based findings or recommendations 
     that pertain to the prevention and treatment of obesity, 
     being overweight, and eating disorders to conduct educational 
     conferences, including Internet-based courses and 
     teleconferences, on--
       ``(I) how to treat or prevent obesity, being overweight, 
     and eating disorders;
       ``(II) the link between obesity, being overweight, eating 
     disorders and related serious and chronic medical conditions;
       ``(III) how to discuss varied strategies with patients from 
     at-risk and diverse populations to promote positive behavior 
     change and healthy lifestyles to avoid obesity, being 
     overweight, and eating disorders;
       ``(IV) how to identify overweight, obese, individuals with 
     eating disorders, and those who are at risk for obesity and 
     being overweight or suffer from eating disorders and, 
     therefore, at risk for related serious and chronic medical 
     conditions; and
       ``(V) how to conduct a comprehensive assessment of 
     individual and familial health risk factors and evaluate the 
     effectiveness of the training provided by such entity in 
     increasing knowledge and changing attitudes and behaviors of 
     trainees.
       ``(iii) In awarding a grant to carry out an activity under 
     this subparagraph, preference shall be given to an entity 
     described in subsection (a)(4).
       ``(e) Reporting to Congress.--Not later than 3 years after 
     the date of enactment of this section, the Director of the 
     Centers for Disease Control and Prevention shall submit to 
     the Secretary and Congress a report concerning the result of 
     the activities conducted through the grants awarded under 
     this section.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $50,000,000 for fiscal year 2010, and such sums as may be 
     necessary for each of fiscal years 2011 through 2013.''.

     SEC. 103. NATIONAL CENTER FOR HEALTH STATISTICS.

       Section 306 of the Public Health Service Act (42 U.S.C. 
     242k) is amended--
       (1) in subsection (m)(4)(B), by striking ``subsection (n)'' 
     each place it appears and inserting ``subsection (o)'';
       (2) by redesignating subsection (n) as subsection (o); and

[[Page 12674]]

       (3) by inserting after subsection (m) the following:
       ``(n)(1) The Secretary, acting through the Center, may 
     provide for the--
       ``(A) collection of data for determining the fitness levels 
     and energy expenditure of adults, children, and youth; and
       ``(B) analysis of data collected as part of the National 
     Health and Nutrition Examination Survey and other data 
     sources.
       ``(2) In carrying out paragraph (1), the Secretary, acting 
     through the Center, may make grants to States, public 
     entities, and nonprofit entities.
       ``(3) The Secretary, acting through the Center, may provide 
     technical assistance, standards, and methodologies to 
     grantees supported by this subsection in order to maximize 
     the data quality and comparability with other studies.''.

     SEC. 104. HEALTH DISPARITIES REPORT.

       Not later than 18 months after the date of enactment of 
     this Act, and annually thereafter, the Director of the Agency 
     for Healthcare Research and Quality shall review all research 
     that results from the activities carried out under this Act 
     (and the amendments made by this Act) and determine if 
     particular information may be important to the report on 
     health disparities required by section 903(c)(3) of the 
     Public Health Service Act (42 U.S.C. 299a-1(c)(3)).

     SEC. 105. PREVENTIVE HEALTH SERVICES BLOCK GRANT.

       Section 1904(a)(1) of the Public Health Service Act (42 
     U.S.C. 300w-3(a)(1)) is amended by adding at the end the 
     following:
       ``(H) Activities and community education programs designed 
     to address and prevent overweight, obesity, and eating 
     disorders through effective programs to promote healthy 
     eating, and exercise habits and behaviors.''.

     SEC. 106. REPORT ON OBESITY AND EATING DISORDERS RESEARCH.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report on 
     research conducted on causes and health implications 
     (including mental health implications) of being overweight, 
     obesity, and eating disorders.
       (b) Content.--The report described in subsection (a) shall 
     contain--
       (1) descriptions on the status of relevant, current, 
     ongoing research being conducted in the Department of Health 
     and Human Services including research at the National 
     Institutes of Health, the Centers for Disease Control and 
     Prevention, the Agency for Healthcare Research and Quality, 
     the Health Resources and Services Administration, and other 
     offices and agencies;
       (2) information about what these studies have shown 
     regarding the causes, prevention, and treatment of, being 
     overweight, obesity, and eating disorders; and
       (3) recommendations on further research that is needed, 
     including research among diverse populations, the plan of the 
     Department of Health and Human Services for conducting such 
     research, and how current knowledge can be disseminated.

        TITLE II--FOOD AND BEVERAGE LABELING FOR HEALTHY CHOICES

     SEC. 201. FOOD AND BEVERAGE LABELING FOR HEALTHY CHOICES.

       (a) USCO-OP.--In this section, the term ``USCO-OP'' means 
     the United States Council on Overweight-Obesity Prevention 
     under section 399U of the Public Health Service Act (as added 
     by section 101).
       (b) Reform of Food and Beverage Labeling.--The Secretary of 
     Health and Human Services and the Secretary of Agriculture, 
     in consultation with the USCO-OP, shall, through regulation 
     or other appropriate action, update and reform Federal 
     oversight of food and beverage labeling. Such reform shall 
     include improving the transparency of such labeling with 
     regard to nutritional and caloric value of food and 
     beverages.

         TITLE III--HEALTHY CHOICES FOOD AND BEVERAGE PROGRAMS

     SEC. 301. FRESH FRUIT AND VEGETABLE PROGRAM.

       Section 19(i) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1769a(i)) is amended--
       (1) by redesignating paragraphs (3) through (7) as 
     paragraphs (4) through (8); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Additional mandatory funding.--
       ``(A) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary of Agriculture to carry out and 
     expand the program under this section, to remain available 
     until expended--
       ``(i) on October 1, 2009, $80,000,000;
       ``(ii) on July 1, 2010, $130,000,000;
       ``(iii) on July 1, 2011, $202,000,000;
       ``(iv) on July 1, 2012, $300,000,000; and
       ``(v) on July 1, 2013, and on each July 1 thereafter, the 
     amount made available for the previous fiscal year, as 
     adjusted under subparagraph (B).
       ``(B) Adjustment.--On July 1, 2013, and on each July 1 
     thereafter the amount made available under subparagraph 
     (A)(v) shall be calculated by adjusting the amount made 
     available for the previous fiscal year to reflect changes in 
     the Consumer Price Index of the Bureau of Labor Statistics 
     for fresh fruits and vegetables, with the adjustment--
       ``(i) rounded down to the nearest dollar increment; and
       ``(ii) based on the unrounded amounts for the preceding 12-
     month period.
       ``(C) Allocation.--Funds made available under this 
     paragraph shall be allocated among the States and the 
     District of Columbia in the same manner as funds made 
     available under paragraph (1).''.

            TITLE IV--AMENDMENTS TO THE SOCIAL SECURITY ACT

     SEC. 401. COVERAGE OF EVIDENCE-BASED PREVENTIVE SERVICES 
                   UNDER MEDICARE, MEDICAID, AND SCHIP.

       (a) Medicare.--Section 1861(ddd) of the Social Security 
     Act, as added by section 101 of the Medicare Improvements for 
     Patients and Providers Act of 2008, is amended--
       (1) in paragraph (2), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) The term `additional preventive services' includes 
     any evidence-based preventive services which the Secretary 
     has determined are reasonable and necessary, including, as so 
     determined, smoking cessation and prevention services, diet 
     and exercise counseling, and healthy weight and obesity 
     counseling.''.
       (b) State Option to Provide Medical Assistance for 
     Evidence-Based Preventive Services.--
       (1) In general.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (A) in subsection (a)--
       (i) in paragraph (27), by striking ``and'' at the end;
       (ii) by redesignating paragraph (28) as paragraph (29); and
       (iii) by inserting after paragraph (27) the following:
       ``(28) evidence-based preventive services described in 
     subsection (y); and''; and
       (B) by adding at the end the following:
       ``(y) For purposes of subsection (a)(28), evidence-based 
     preventive services described in this subsection are any 
     preventive services which the Secretary has determined are 
     reasonable and necessary through the process for making 
     national coverage determinations (as defined in section 
     1869(f)(1)(B)) under title XVIII, including, as so 
     determined, smoking cessation and prevention services, diet 
     and exercise counseling, and healthy weight and obesity 
     counseling.''.
       (2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of 
     such Act is amended by inserting ``, and (28)'' after 
     ``(24)''.
       (c) State Option To Provide Child Health Assistance for 
     Evidence-Based Preventive Services.--Section 2110(a) of the 
     Social Security Act (42 U.S.C. 1397jj(a)) is amended--
       (1) by redesignating paragraph (28) as paragraph (29); and
       (2) by inserting after paragraph (27) the following:
       ``(28) Evidence-based preventive services described in 
     section 1905(y).''.

     SEC. 402. COVERAGE OF MEDICAL NUTRITION COUNSELING UNDER 
                   MEDICARE, MEDICAID, AND SCHIP.

       (a) Medicare Coverage of Medical Nutrition Therapy Services 
     for People With Pre-Diabetes.--Section 1861(s)(2)(V) of the 
     Social Security Act (42 U.S.C. 1395x(s)(2)(V)) is amended by 
     inserting after ``beneficiary with diabetes'' the following 
     ``, pre-diabetes or its risk factors (including hypertension, 
     dyslipidemia, obesity, or overweight),''.
       (b) State Option To Provide Medical Assistance for Medical 
     Therapy Services.--
       (1) In general.--Section 1905(a) of the Social Security Act 
     (42 U.S.C. 1396d), as amended by section 401(b), is amended--
       (A) in paragraph (28), by striking ``and'' at the end;
       (B) by redesignating paragraph (29) as paragraph (30); and
       (C) by inserting after paragraph (28) the following:
       ``(29) medical nutrition therapy services (as defined in 
     section 1861(vv)(1)) for individuals with pre-diabetes or 
     obesity, or who are overweight (as defined by the Secretary); 
     and''.
       (2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of 
     such Act, as amended by section 401(b)(2), is amended by 
     striking ``and (28)'' and inserting ``(28), and (29)''.
       (c) State Option To Provide Child Health Assistance for 
     Medical Nutrition Therapy Services.--Section 2110(a) of the 
     Social Security Act (42 U.S.C. 1397jj(a)), as amended by 
     section 401(c), is amended--
       (1) by redesignating paragraph (29) as paragraph (30); and
       (2) by inserting after paragraph (28) the following:
       ``(29) Medical nutrition therapy services (as defined in 
     section 1861(vv)(1)) for individuals with pre-diabetes or 
     obesity, or who are overweight (as defined by the 
     Secretary).''.

     SEC. 403. AUTHORIZING EXPANSION OF MEDICARE COVERAGE OF 
                   MEDICAL NUTRITION THERAPY SERVICES.

       (a) Authorizing Expanded Eligible Population.--Section 
     1861(s)(2)(V) of the Social Security Act (42 U.S.C. 
     1395x(s)(2)(V)), as amended by section 402, is amended--

[[Page 12675]]

       (1) by redesignating clauses (i) through (iii) as 
     subclauses (I) through (III), respectively, and indenting 
     each such clause an additional 2 ems;
       (2) by striking ``in the case of a beneficiary with 
     diabetes, pre-diabetes or its risk factors (including 
     hypertension, dyslipidemia, obesity, overweight), or a renal 
     disease who--'' and inserting ``in the case of a 
     beneficiary--
       ``(i) with diabetes, pre-diabetes or its risk factors 
     (including hypertension, dyslipidemia, obesity, overweight), 
     or a renal disease who--'';
       (3) by adding ``or'' at the end of subclause (III) of 
     clause (i), as so redesignated; and
       (4) by adding at the end the following new clause:
       ``(ii) who is not described in clause (i) but who has 
     another disease, condition, or disorder for which the 
     Secretary has made a national coverage determination (as 
     defined in section 1869(f)(1)(B)) for the coverage of such 
     services;''.
       (b) Coverage of Services Furnished by Physicians.--Section 
     1861(vv)(1) of the Social Security Act (42 U.S.C. 
     1395x(vv)(1)) is amended by inserting ``or which are 
     furnished by a physician'' before the period at the end.
       (c) National Coverage Determination Process.--In making a 
     national coverage determination described in section 
     1861(s)(2)(V)(ii) of the Social Security Act, as added by 
     subsection (a)(4), the Secretary of Health and Human 
     Services, acting through the Administrator of the Centers for 
     Medicare & Medicaid Services, shall--
       (1) consult with dietetic and nutrition professional 
     organizations in determining appropriate protocols for 
     coverage of medical nutrition therapy services for 
     individuals with different diseases, conditions, and 
     disorders; and
       (2) consider the degree to which medical nutrition therapy 
     interventions prevent or help prevent the onset or 
     progression of more serious diseases, conditions, or 
     disorders.

     SEC. 404. CLARIFICATION OF EPSDT INCLUSION OF PREVENTION, 
                   SCREENING, AND TREATMENT SERVICES FOR OBESITY 
                   AND OVERWEIGHT; SCHIP COVERAGE.

       (a) In General.--Section 1905(r)(5) of the Social Security 
     Act (42 U.S.C. 1396d(r)(5)) is amended by inserting ``, 
     including weight and BMI measurement and monitoring, as well 
     as appropriate treatment services (including but not limited 
     to) medical nutrition therapy services (as defined in section 
     1861(vv)(1)), physical therapy or exercise training, and 
     behavioral health counseling, based on recommendations of the 
     United States Council on Overweight-Obesity Prevention under 
     section 399U of the Public Health Service Act and such other 
     expert recommendations and studies as determined by the 
     Secretary'' before the period.
       (b) SCHIP.--
       (1) Required coverage.--Section 2103 (42 U.S.C. 1397cc) is 
     amended--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``and (7)'' and inserting ``(7), and (9)''; 
     and
       (B) in subsection (c)--
       (i) by redesignating paragraph (7) as paragraph (9); and
       (ii) by inserting after paragraph (6), the following:
       ``(7) Prevention, screening, and treatment services for 
     obesity and overweight.--The child health assistance provided 
     to a targeted low-income child shall include coverage of 
     weight and BMI measurement and monitoring, as well as 
     appropriate treatment services (including but not limited to) 
     medical nutrition therapy services (as defined in section 
     1861(vv)(1)), physical therapy or exercise training, and 
     behavioral health counseling, based on recommendations of the 
     United States Council on Overweight-Obesity Prevention under 
     section 399U of the Public Health Service Act and such other 
     expert recommendations and studies as determined by the 
     Secretary.''.
       (2) Conforming amendment.--Section 2102(a)(7)(B) (42 U.S.C. 
     1397bb(c)(2)) is amended by striking ``section 2103(c)(5)'' 
     and inserting ``paragraphs (5) and (7) of section 2103(c)''.

     SEC. 405. INCLUSION OF PREVENTIVE SERVICES IN QUALITY 
                   MATERNAL AND CHILD HEALTH SERVICES.

       Section 501(b) of the Social Security Act (42 U.S.C. 
     701(b)) is amended by adding at the end the following new 
     paragraph:
       ``(5) The term `quality maternal and child health services' 
     includes the following:
       ``(A) Evidence-based preventive services described in 
     section 1905(y).
       ``(B) Medical nutrition counseling for individuals with 
     pre-diabetes or obesity, or who are overweight (as defined by 
     the Secretary).
       ``(C) Weight and BMI measurement and monitoring, as well as 
     appropriate treatment services (including but not limited to) 
     medical nutrition therapy services (as defined in section 
     1861(vv)(1)), physical therapy or exercise training, and 
     behavioral health counseling, based on recommendations of the 
     United States Council on Overweight-Obesity Prevention under 
     section 399U of the Public Health Service Act and such other 
     expert recommendations and studies as determined by the 
     Secretary.''.

     SEC. 406. CHILDHOOD OBESITY INFORMATION, GUIDELINES, AND 
                   REPORTING.

       The Secretary of Health and Human Services, acting through 
     the Administrator of the Centers for Medicare and Medicaid 
     Services, shall--
       (1) not later than 18 months after the date of the 
     enactment of this Act, provide the State agencies responsible 
     for administering the State plan approved under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.) and the 
     State child health plan approved under title XXI of the 
     Social Security Act (42 U.S.C. 1397aa et seq.) with relevant 
     data, information, and recommendations, as the Administrator 
     deems appropriate, regarding the risks associated with 
     childhood obesity and the importance of identifying at-risk 
     children for treatment;
       (2) not later than 18 months after the date of the 
     enactment of this Act, issue guidelines, or amend existing 
     guidelines, concerning the development of pediatric obesity 
     prevention programs for at-risk populations through the use 
     of managed care techniques, integrated service delivery 
     models, disease management programs, and other methods that 
     the Administrator deems appropriate;
       (3) provide for the annual reporting by such State agencies 
     of the number of children enrolled in a State Medicaid or 
     child health plan that are--
       (A) screened for overweight or obesity; and
       (B) identified as at-risk for overweight or obesity and 
     have been provided with appropriate medical follow-up 
     services or counseling; and
       (4) prepare and submit an annual report to Congress on the 
     percentage of children enrolled in a State Medicaid or child 
     health plan that are screened for overweight or obesity and, 
     for those identified as at-risk, receive appropriate medical 
     follow-up services or counseling.

     SEC. 407. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title, and the amendments made under this title, take effect 
     on October 1, 2010.
       (b) Extension of Effective Date for State Law Amendment.--
     In the case of a State plan under title XIX or XXI of the 
     Social Security Act (42 U.S.C. 1396 et seq., 1397aa 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 section, 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 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.

                          ____________________




                          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 business meeting has 
been scheduled before Committee on Energy and Natural Resources. The 
business meeting will be held on Thursday, May 21, 2009 at 10:30 a.m., 
in room SD-366 of the Dirksen Senate office building.
  The purpose of the business meeting is to consider pending energy 
legislation.
  For further information, please contact Sam Fowler at (202) 224-7571 
or Amanda Kelly at (202) 224-6836.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. DORGAN. Mr. President, I ask unanimous consent that William 
``Bill'' Curlin have full floor privileges during the consideration of 
the supplemental appropriations bill. He is a fellow in my office.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. DURBIN. Madam President, I ask unanimous consent that the Senate 
proceed to executive session to consider Calendar Nos. 134, 135, 136, 
137, 138, 141, 142, 143, 145, 146, 147, 148, 149, 150, and 151.


                     Nomination of Thomas R. Lamont

  I would like to add, Madam President, before I ask for this consent, 
that one of the numbers I have just read relates to the nomination of 
Thomas Lamont, to serve as Assistant Secretary

[[Page 12676]]

of the Army for Manpower and Reserve Affairs.
  Mr. Lamont is a friend of mine. He lives in my hometown, and I have 
known him for many years. He and his wife Bridget are close friends.
  Tom is a dedicated public servant. He has spent 25 years in the Judge 
Advocate General's division of the Illinois Army National Guard, where 
he was a State staff judge advocate general before retiring with the 
rank of colonel in the year 2007.
  He was also elected to the board of trustees at the University of 
Illinois. He served in the highest capacities with the Office of the 
State Attorney Appellate Prosecutor, Civil Litigation in the Office of 
the Illinois Attorney General, and the Illinois Board of Higher 
Education.
  He has practiced law in Springfield, my hometown, where he has built 
a sterling reputation for integrity and ability.
  Most recently, Tom has served as special counsel to the University of 
Illinois.
  With this confirmation, his broad array of service and experience 
will serve our Nation. The Army and America need leaders such as Tom 
Lamont.
  With our Army's soldiers deployed around the world, with their 
families counting on good leadership in the Pentagon to make certain 
they are well trained, serve us well, and come home safely, we have an 
excellent person to serve as Assistant Secretary of the Army for 
Manpower and Reserve Affairs in Tom Lamont of Springfield, IL.
  I was happy to recommend his name to the President.


                   Nomination of Margaret A. Hamburg

  Madam President, one of the nominees to be considered and voted out 
this evening is to serve in the administration with a special 
responsibility for the Food and Drug Administration. Margaret A. 
Hamburg is certainly well qualified to serve in that capacity. There 
are many responsibilities to be dealt with in the agency, including the 
safety of drugs, pharmaceuticals, medical devices, and food in America. 
It is an issue that is near and dear to me. I have spoken to the 
nominee about it personally, and I wish to commend her.
  Madam President, I ask unanimous consent that the nominations be 
confirmed en bloc, and the motions to reconsider be laid upon the table 
en bloc; that no further motions be in order; that any statements 
relating to the nominations be printed in the Record; that the 
President be immediately notified of the Senate's action, and the 
Senate then resume legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                       DEPARTMENT OF THE TREASURY

       Neal S. Wolin, of Illinois, to be Deputy Secretary of the 
     Treasury.


                     department of veterans affairs

       John U. Sepulveda, of Virginia, to be an Assistant 
     Secretary of Veterans Affairs (Human Resources).
       Jose D. Riojas, of Texas, to be an Assistant Secretary of 
     Veterans Affairs (Operations, Security, and Preparedness).
       William A. Gunn, of Virginia, to be General Counsel, 
     Department of Veterans Affairs.
       Roger W. Baker, of Virginia, to be an Assistant Secretary 
     of Veterans Affairs (Information and Technology).


                       department of the interior

       Rhea S. Suh, of California, to be an Assistant Secretary of 
     the Interior.


                          department of energy

       David B. Sandalow, of the District of Columbia, to be an 
     Assistant Secretary of Energy (International Affairs and 
     Domestic Policy).
       Daniel B. Poneman, of Virginia, to be Deputy Secretary of 
     Energy.


                 department of heath and human services

       Margaret A. Hamburg, of the District of Columbia, to be 
     Commissioner of Food and Drugs, Department of Health and 
     Human Services.


                         department of defense

       Robert O. Work, of Virginia, to be Under Secretary of the 
     Navy.
       Raymond Edwin Mabus, Jr., of Mississippi, to be Secretary 
     of the Navy.
       Thomas R. Lamont, of Illinois, to be an Assistant Secretary 
     of the Army.
       Paul N. Stockton, of California, to be an Assistant 
     Secretary of Defense.
       Andrew Charles Weber, of Virginia, to be Assistant to the 
     Secretary of Defense for Nuclear and Chemical and Biological 
     Defense Programs.
       Charles A. Blanchard, of Arizona, to be General Counsel of 
     the Department of the Air Force.

                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. The Senate will now resume legislative 
session.

                          ____________________




            UNANIMOUS CONSENT AGREEMENT--EXECUTIVE CALENDAR

  Mr. DURBIN. Madam President, as in executive session, I ask unanimous 
consent that on Tuesday, May 19, following disposition of H.R. 627, the 
Senate proceed to executive session to consider Calendar No. 29, the 
nomination of Gary Gensler to be a Commissioner of the Commodity 
Futures Trading Commission; that there be 60 minutes of debate with 
respect to the nomination, with the time equally divided and controlled 
between Senators Harkin and Chambliss or their designees, with Senators 
Cantwell, Cardin, and Sanders each controlling 5 minutes of the 
majority's time; that at 2:15 p.m. the Senate proceed to vote on 
confirmation of the nomination; that upon confirmation of Calendar No. 
29, the Senate then proceed to Calendar No. 30, that the nomination be 
confirmed and the motion to reconsider be laid upon the table; that no 
further motions be in order; that the President be immediately notified 
of the Senate's action, and the Senate then resume legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                    ORDERS FOR TUESDAY, MAY 19, 2009

  Mr. DURBIN. Madam President, I ask unanimous consent that when the 
Senate completes its business today, it stand adjourned until 10 a.m. 
tomorrow, Tuesday, May 19; that following the prayer and the 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 the Senate resume consideration of H.R. 627, the 
credit card bill, as provided for under the previous order; that upon 
disposition of H.R. 627, the Senate proceed to executive session to 
consider the Gensler nomination as provided under a previous order; 
further, that the Senate recess from 12:30 to 2:15 p.m. for the weekly 
party conference lunches.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. DURBIN. Madam President, under the previous order, tomorrow there 
will be a rollcall vote shortly after we convene. The vote will be on 
the motion to invoke cloture on the Dodd-Shelby substitute amendment to 
H.R. 627, the credit card bill. If cloture is invoked, the Senate will 
dispose of the pending amendments and vote on passage of the bill, as 
amended. As a result, Senators should expect at least two rollcall 
votes tomorrow morning.
  At 2:15 p.m., there will be a vote on confirmation of the Gensler 
nomination. We also expect to begin consideration of the Iraq and 
Afghanistan supplemental appropriations bill sometime later tomorrow 
afternoon.

                          ____________________




                   ADJOURNMENT UNTIL 10 A.M. TOMORROW

  Mr. DURBIN. Madam President, if there is no further business to come 
before the Senate, I ask unanimous consent that it stand adjourned 
under the previous order.
  There being no objection, the Senate, at 6:13 p.m., adjourned until 
Tuesday, May 19, 2009, at 10 a.m.

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate:


                         DEPARTMENT OF DEFENSE

       ZACHARY J. LEMNIOS, OF MASSACHUSETTS, TO BE DIRECTOR OF 
     DEFENSE RESEARCH AND ENGINEERING, VICE JOHN J. YOUNG, JR.


                        DEPARTMENT OF EDUCATION

       ANTHONY W. MILLER, OF CALIFORNIA, TO BE DEPUTY SECRETARY OF 
     EDUCATION, VICE RAYMOND SIMON, RESIGNED.

[[Page 12677]]




                          DEPARTMENT OF ENERGY

       RICHARD G. NEWELL, OF NORTH CAROLINA, TO BE ADMINISTRATOR 
     OF THE ENERGY INFORMATION ADMINISTRATION, VICE GUY F. CARUSO.


                       DEPARTMENT OF THE TREASURY

       ROSA GUMATAOTAO RIOS, OF CALIFORNIA, TO BE TREASURER OF THE 
     UNITED STATES, VICE ANNA ESCOBEDO CABRAL, RESIGNED.


                           IN THE COAST GUARD

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADES 
     INDICATED IN THE UNITED STATES COAST GUARD UNDER TITLE 14, 
     U.S.C., SECTION 211(A)(2):

                            To be commander

SCOTT W. CRAWLEY
MICHAEL F. PIERSON

                       To be lieutenant commander

JAMES J. BAILEY
JOSE M. BOLANOS
MICHAEL R. CAIN
PATRICK A. CULVER
ASA S. DANIELS
JEFFREY B. DORWART
LEE A. FLEMING
MARK C. FOCKEN
DOUGLAS C. HALL
JOHN M. HARTLOVE
DEAN A. HINES
BRIAN P. HUFF
HENRY M. KONCZYNSKI
HEATHER M. KOSTECKI
MANUEL P. LOMBA
MATTHEW I. MARLOW
STEVEN J. MCKECHNIE
ANN M. MCSPADDEN
DAVID W. MITCHELL
GUY A. MORROW
DAWN W. MURRAY
JOSEPH B. NOTCH
MICHAEL G. ODOM
MARK S. PALMER
BRYAN C. PAPE
BENJAMIN L. PERKINS
WILLIAM W. PRESTON
BRIAN W. ROBINSON
ROBERT A. ROSENOW
EDWARD P. SORIANO
FRAMAR L. STENSON
PRUDENCIO M. TUBALADO
JON T. WARNER
ROBERT D. WYMAN
JAMES T. ZAWROTNY
       THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT AS A 
     PERMANENT COMMISSIONED REGULAR OFFICER IN THE UNITED STATES 
     COAST GUARD IN THE GRADE INDICATED UNDER TITLE 14, U.S.C., 
     SECTION 211(A)(2):

                       To be lieutenant commander

MICHAEL J. CAPELLI
       THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT AS A 
     PERMANENT COMMISSIONED REGULAR OFFICER IN THE UNITED STATES 
     COAST GUARD IN THE GRADE INDICATED UNDER TITLE 14, U.S.C., 
     SECTION 211(A)(2):

                       To be lieutenant commander

MICHAEL J. HAUSCHEN


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                             To be general

LT. GEN. STANLEY A. MCCHRYSTAL
       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. DAVID M. RODRIGUEZ


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                           To be vice admiral

REAR ADM. JOSEPH D. KERNAN


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE AIR FORCE UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                             To be colonel

THOMAS J. SOBIESKI
       THE FOLLOWING NAMED INDIVIDUALS FOR APPOINTMENT TO THE 
     GRADE INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, 
     U.S.C., SECTION 531(A):

                              To be major

JOHN E. BLAIR
SAMANTHA L. BUTLER
DAVID M. CRAWFORD
MICHAEL W. FOUNTAIN
ROD S. JOHNSON
MICHAEL J. MATSUURA
MARSHA D. MITCHUM
JAMES REED
KADEE E. THOMPSON
PETER T. TRAN


                              In the Army

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

KINDALL L. JONES
WILLIAM J. NOVAK

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

SHARON E. BLONDEAU
KAREN D. CHAMBERS

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

REBECCA D. LANGE
FRANK PIPER
ROBERT SANTIAGO

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

WALTER A. BEHNERT
ROBERT J. BROODY
MARION S. CALOW
DANIEL L. DUCKER
DAVID E. FLOYD, JR.
TAMARA J. FREEMAN
VIRGINIA W. GERDE
JOHN R. GOUIN
MICHAEL D. KOLODZIEJ
SUSAN MORRIS
RAYMOND B. MURRAY
INGER M. NILSSON
ROBERT J. ROLLE
KELLY L. SNYDER
BRUCE A. SPAULDING
YANN STANCZEWSKI
SHELLY M. WALKER
ZACHARIAH P. WHEELER

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

ARTHUR R. BAKER
SARY O. BEIDAS
DAVID E. BENTLEY
MARY M. BRANDT
LISA M. BREITENBACH
JOHN R. BRINEMAN
WALLACE B. BRUCKER
JOHN W. BUCKNER III
DANIEL A. BUTLER
THOMAS E. CASHERO
KARIN A. COX
ERIC C. DESSAIN
GARY L. DOUBLESTEIN
GARTH A. ELIAS
MARIO F. GOLLE, JR.
MELVYN L. HARRIS
JOHN E. HARTMANN
EDWARD P. HORVATH
JAMES A. JEFFERSON
HELEN R. JOHNSON
KEVIN R. JOHNSON
TIMOTHY L. KINZIE
STEVEN B. KNIGHT
FREDERICK C. LOUGH
SCOTT A. LYNCH
PAUL F. MALINDA
RONALD F. MARTIN
MARK A. MATAOSKY
JAIME L. MAYORAL
JOHN J. MCGRAW
STEPHEN B. PALTE
MARK L. PASSAMONTI
ROY D. PENDERGRAFT
ANGEL PEREZTORO
PAUL C. PERLIK
ANDREA J. PLASKIEWICZ
MICHAEL J. RABORN
FELIX E. ROQUE
HENRY J. SCHILLER
STEVEN A. SEVERYN
ROBERT A. SHIVELY
ROBERT A. SOLOMON
JOHN B. SORENSEN
DONALD K. SPANER
DENNIS M. SULLIVAN
ANITA M. YEARLEY

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

DENNIS C. AYER
JAMES E. BARRON
MARK D. BRUM
DAVID M. COLLINS
MARCEL S. DENARD
OCIE DRAKE, JR.
JOSEPH K. DRINKWATER
BRIAN D. FOW
JEFFREY O. YOUNG

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

MICHAEL C. OGUINN
CHRISTOPHER D. PRIEST
TRACY L. SMITH

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

LARRY D. BARTHOLOMEW
DAVID M. LENNON
TIMOTHY V. MAULDIN
CRAIG W. MEINKING
WILLIAM G. REISZ
RANDY L. SPEAR
KENNETH A. WADE

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

DAWN B. BARROWMAN
SUSAN K. HAGMANN
REBA J. MUELLER

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

LAUREN J. ALUKONIS
MARYETTA M. BECK
MARY P. BOLK
ELIZABETH BONET
ROSETTE BROWNIRVING
MARY D. BURNS
CYNTHIA M. CAMPBELL
CELESTINE CARTER
JOHNNIE M. CARTER
GERALD A. CHAMBERS
MARTHA L. CLINTON
DOUGLAS W. COFFEY
JEAN A. DAYRIT
NOREEN K. DIEDO
JOHN E. FLOOD
VEDA K. FORTE
DAVID J. FREEMAN
LORENA A. GIRON
MARGARET M. HENNESSY
JAMES W. HUGHES
GRETCHEN E. MADEYAWOLFSON
PHYLLIS D. MCCORSTIN
JANECE M. MOLLHOFF
KATHRYN M. MOORE
RHONDA M. MOORE
KARA T. MURRAY
ELSA NEGRIN
KEVIN L. NELSON
IRENE L. PARRISH
CHARLES K. PERSINGER
ELIZABETH M. PETRAS
BEVERLY I. RIVELL
JANE A. RUTLEDGE
NORMA SANDOW
ROBERT P. SAVAGE
YEE L. SIMMONS
CORWYN R. VOKOUN
LUCY D. WALKER

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

PETER H. GUEVARA
JON R. LUNDQUIST
EDWARD A. MOORE
LESTER D. OBANION
MATTHEW A. WILLIAMS

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

RICHARD CANER
ROBIN J. DELEON
BENJAMIN W. GOH

[[Page 12678]]

JOAQUIN HERNANDEZ
WILLIAM G. HUBER
EMMETT W. MOSLEY
DAVID A. NATHAN
JOSE I. RUIZQUINONES
JEFFREY A. SCZUBLEWSKI
CHARLES W. WHITE, JR.

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

MICHAEL J. BEAULIEU
EUGENE C. BLACKWELL
HARRY B. CARAVAGGIO
CHRISTOPHER E. CONLEY
RICHARD H. DAHLMAN
DANIEL D. DARLAND
GARY L. MILLER
STEVEN J. OWENS
JEFFREY K. PETERS
HEATHER C. TAYLOR
LINDA K. WOMACK
JAMES A. YOUNG

                          ____________________




                             CONFIRMATIONS

  Executive nominations confirmed by the Senate, Monday, May 18, 2009:


                       DEPARTMENT OF THE TREASURY

       NEAL S. WOLIN, OF ILLINOIS, TO BE DEPUTY SECRETARY OF THE 
     TREASURY.


                     DEPARTMENT OF VETERANS AFFAIRS

       JOHN U. SEPULVEDA, OF VIRGINIA, TO BE AN ASSISTANT 
     SECRETARY OF VETERANS AFFAIRS (HUMAN RESOURCES).
       JOSE D. RIOJAS, OF TEXAS, TO BE AN ASSISTANT SECRETARY OF 
     VETERANS AFFAIRS (OPERATIONS, SECURITY, AND PREPAREDNESS).
       WILLIAM A. GUNN, OF VIRGINIA, TO BE GENERAL COUNSEL, 
     DEPARTMENT OF VETERANS AFFAIRS.
       ROGER W. BAKER, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY 
     OF VETERANS AFFAIRS (INFORMATION AND TECHNOLOGY).


                       DEPARTMENT OF THE INTERIOR

       RHEA S. SUH, OF CALIFORNIA, TO BE AN ASSISTANT SECRETARY OF 
     THE INTERIOR.


                          DEPARTMENT OF ENERGY

       DAVID B. SANDALOW, OF THE DISTRICT OF COLUMBIA, TO BE AN 
     ASSISTANT SECRETARY OF ENERGY (INTERNATIONAL AFFAIRS AND 
     DOMESTIC POLICY).
       DANIEL B. PONEMAN, OF VIRGINIA, TO BE DEPUTY SECRETARY OF 
     ENERGY.


                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       MARGARET A. HAMBURG, OF THE DISTRICT OF COLUMBIA, TO BE 
     COMMISSIONER OF FOOD AND DRUGS, DEPARTMENT OF HEALTH AND 
     HUMAN SERVICES.


                         DEPARTMENT OF DEFENSE

       ROBERT O. WORK, OF VIRGINIA, TO BE UNDER SECRETARY OF THE 
     NAVY.
       RAYMOND EDWIN MABUS, JR., OF MISSISSIPPI, TO BE SECRETARY 
     OF THE NAVY.
       THOMAS R. LAMONT, OF ILLINOIS, TO BE AN ASSISTANT SECRETARY 
     OF THE ARMY.
       PAUL N. STOCKTON, OF CALIFORNIA, TO BE AN ASSISTANT 
     SECRETARY OF DEFENSE.
       ANDREW CHARLES WEBER, OF VIRGINIA, TO BE ASSISTANT TO THE 
     SECRETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGICAL 
     DEFENSE PROGRAMS.
       CHARLES A. BLANCHARD, OF ARIZONA, TO BE GENERAL COUNSEL OF 
     THE DEPARTMENT OF THE AIR FORCE.

       THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE 
     NOMINEES' COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND 
     TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.
     
     
     


[[Page 12679]]

             HOUSE OF REPRESENTATIVES--Monday, May 18, 2009


  The House met at 12:30 p.m. and was called to order by the Speaker 
pro tempore (Ms. Hirono).

                          ____________________




                   DESIGNATION OF SPEAKER PRO TEMPORE

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

                                               Washington, DC,

                                                     May 18, 2009.
       I hereby appoint the Honorable Mazie K. Hirono to act as 
     Speaker pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                          MORNING-HOUR DEBATE

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 6, 2009, the Chair will now recognize Members from lists 
submitted by the majority and minority leaders for morning-hour debate.
  The Chair will alternate recognition between the parties, with each 
party limited to 30 minutes and each Member, other than the majority 
and minority leaders and the minority whip, limited to 5 minutes.

                          ____________________




                      PROTECTION OF INNOCENT LIFE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California (Mr. Daniel E. Lungren) for 5 minutes.
  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I rise today to 
make a comment on the appearance yesterday at my alma mater, the 
University of Notre Dame, by President Barack Obama. As I said, I am a 
graduate of the university. My dad is a graduate of the university. My 
two brothers are graduates of the university. My son is a graduate of 
the university. I have three nieces who have graduated from the 
university. It is always an honor when the President of the United 
States addresses your university, particularly when he gives its 
commencement address.
  I have known the former president of the University of Notre Dame, 
Father Hesburgh, for almost my entire life, having met him when I was 
about 6 years old, and consider him a friend to this day. His record on 
civil rights is unparalleled in this country, and he is one of the 
great leaders of the civil rights movement. Now in his nineties, I am 
sure it was with genuine joy that we saw tears in his eyes as the 
President of the United States addressed the University of Notre Dame 
yesterday.
  However, Madam Speaker, I must register my concern about the 
President's address yesterday, and it is because the President has, 
through his actions and his statements, made very clear his position on 
a fundamental issue to this Nation, to the question of ethics and 
morality and public policy. And it is an issue that has generated much 
controversy, but goes to the essence of the Catholic Church's teaching 
on the value of life.
  The church teaches that there are a number of moral principles upon 
which there can be serious discussion and disagreement: areas such as a 
just war; areas about social welfare policy; areas in which the 
Commandments of our Lord must guide us, but the manner in which those 
are applied can differ. Those moral judgments are called prudential 
judgments where we are called upon to use our prudence to come to the 
conclusions as to our proper actions, both individually and as a 
society.
  But there are a few, and very few, principles upon which there is not 
prudential judgment but upon which there is specific moral guidance, 
and protection of innocent life is among them. The question of whether 
one is ever able to take the innocent life of another intentionally 
lies at the root of not only Catholic doctrine, but lies at the root of 
the Judeo-Christian tradition which has given voice to the Constitution 
where it says we have the right to life, liberty and the pursuit of 
happiness, with life being the first of those three.
  So the question was when the President appeared at the University of 
Notre Dame, was he engaging in a dialogue in which there was an 
exchange of ideas of substance, or was it an episode in which there 
would be moral confusion afterwards in which the question of the taking 
of innocent life was just a prudential judgment type of issue which was 
the same as many other issues that we can debate and disagree on about 
whether we should go to war, how we should conduct war, how much money 
we should pay for welfare programs, what the level of education is, and 
so forth.
  And that's the question that bothers me. I guess the question I could 
ask would be whether this administration at the University of Notre 
Dame would have asked Stephen Douglas or Abraham Lincoln to deliver the 
commencement address following the great debate that took place between 
those two some 150 years ago. Because one was successful, that is 
Stephen Douglas, he was elected, he was considered a great man in many 
different ways, a great statesman; and the other was Abraham Lincoln 
who had failed in several attempts at election. And the one said that 
slavery was one of those things upon which you could not essentially 
disagree when you really looked at the question of whether one man 
could own another man.
  And while he was unsuccessful in that, he carried the moral argument 
of the day, and the suggestion here is: Was there any dialogue and 
would the suggestion be that all we have to do is reason together and 
use better words rather than essentially go to the substance of the 
issue.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until 2 p.m. today.
  Accordingly (at 12 o'clock and 38 minutes p.m.), the House stood in 
recess until 2 p.m.

                          ____________________




                              {time}  1400
                              AFTER RECESS

  The recess having expired, the House was called to order at 2 p.m.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  Lord God of the ages, ever-present to Your people today, You befriend 
humanity by revealing Yourself to all and inserting Your acts in our 
history through strong manifestations of Your Power and the inner 
strength of Your Word.
  Your grace flows in relationships once personal attitudes change and 
a fresh openness occurs toward another. Such is the subtle way Your 
love works in us and through us.
  Be with the Members of Congress and all Americans this week. May they 
imitate Your initiative to befriend others and give You the glory.
  Lord, bring forth honest words from us, even when born out of 
hesitancy and anguish. May affirmative actions follow which will reach 
across the gap of difference and indifference, so You will lead us to 
new understandings, healing and transformation of the

[[Page 12680]]

world. This will inspire new hope in Your people and give glory to Your 
Holy Name, both now and forever.
  Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER. The Chair has examined the Journal of the last day's 
proceedings and announces to the House her approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER. Will the gentleman from New York (Mr. Tonko) come 
forward and lead the House in the Pledge of Allegiance.
  Mr. TONKO 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.

                          ____________________




           ADMINISTRATION CLOSES PRIVATE CHRYSLER DEALERSHIPS

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Madam Speaker, the administration closed 900 
Chrysler dealerships overnight last week and put an estimated 100,000, 
mostly nonunion workers, on the street and out of work. Even though 
many of these dealerships were profitable, it didn't make any 
difference to the Auto Task Force, since these unelected and 
unaccountable bureaucrats have absolute power ever since the government 
nationalized Chrysler.
  And I thought the administration promised more jobs, not fewer ones.
  In Chicago-business style, the administration is strong-arming these 
businesses and workers with a process that leaves them without legal 
recourse and sticks the business owner with millions of dollars of 
unsold vehicles by forcing them to close.
  It should hardly escape anyone's notice that this is just what 
Dictator Hugo Chavez did earlier this month when he nationalized two 
U.S. oil company production facilities in Venezuela. Echoing a scheme 
that handed a U.S. company's assets over to Chavez's cronies, the 
administration nationalized these auto businesses and rewarded their 
own special interest groups, and once again, is picking the winners and 
losers in Chicago-style politics.
  And that's just the way it is.

                          ____________________




       CONGRATULATING THE ARKANSAS ASSOCIATION FOR EDUCATION AND 
 REHABILITATION OF BLIND AND VISUALLY IMPAIRED FOR 25 YEARS OF SERVICE

  (Mr. BOOZMAN asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. BOOZMAN. Madam Speaker, today I rise to congratulate the Arkansas 
Association For Education and Rehabilitation of the Blind and Visually 
Impaired for 25 years of dedicated service to the people of Arkansas.
  This important organization provides support to the professionals who 
work with the visually impaired. I have seen the results of the work 
this organization does through my involvement with the AER, working 
with the Arkansas School for the Blind in Little Rock and also as an 
optometrist practicing in Rogers, Arkansas.
  This important resource for Arkansans has been recognized recently as 
the AER chapter showing the greatest increase in membership over the 
past year. This national recognition is one reason why Arkansas was 
selected to host the 2010 AER International Conference.
  With the help of organizations like this, Arkansas is building a 
brighter future for the visually impaired community. I commend the 
service providers for their good work and wish them continued success 
for another 25 years.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore (Mrs. Capps) laid before the House the 
following communication from the Clerk of the House of Representatives:

                                               Washington, DC,

                                                     May 15, 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, I have the honor to transmit a sealed 
     envelope received from the White House on Friday, May 15, 
     2009 at 11:50 a.m., and said to contain a message from the 
     President whereby he notifies the Congress he has extended 
     the national emergency with respect to Burma.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




 CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO BURMA--MESSAGE 
      FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 111-39)

  The SPEAKER pro tempore laid before the House the following message 
from the President of the United States; which was read and, together 
with the accompanying papers, referred to the Committee on Foreign 
Affairs and ordered to be printed:

To the Congress of the United States:
  Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) 
provides for the automatic termination of a national emergency unless, 
prior to the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress a 
notice stating that the emergency is to continue in effect beyond the 
anniversary date. I have sent the enclosed notice to the Federal 
Register for publication, stating that the Burma emergency is to 
continue for 1 year beyond May 20, 2009.
  The crisis between the United States and Burma arising from the 
actions and policies of the Government of Burma, including its engaging 
in large-scale repression of the democratic opposition in Burma that 
led to the declaration of a national emergency in Executive Order 13047 
of May 20, 1997, as modified in scope and relied upon for additional 
steps taken in Executive Order 13310 of July 28, 2003, Executive Order 
13448 of October 18, 2007, and Executive Order 13464 of April 30, 2008, 
has not been resolved. These actions and policies are hostile to U.S. 
interests and pose a continuing unusual and extraordinary threat to the 
national security and foreign policy of the United States. For this 
reason, I have determined that it is necessary to continue the national 
emergency with respect to Burma and maintain in force the sanctions 
against Burma to respond to this threat.
                                                        Barack Obama.  
The White House, May 14, 2009.

                          ____________________




    COMMUNICATION FROM COUNSEL, THE HONORABLE BOBBY RUSH, MEMBER OF 
                                CONGRESS

  The SPEAKER pro tempore laid before the House the following 
communication from Angelle Kwemo, Counsel, the Honorable Bobby Rush, 
Member of Congress:

                                                    Bobby L. Rush,


                                     House of Representatives,

                                     Washington, DC, May 15, 2009.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: This is to notify you formally, 
     pursuant to Rule VIII of the Rules of the House of 
     Representatives, that I have been served with a subpoena, 
     issued in the U.S. District Court for the Eastern District of 
     Virginia, for testimony in a criminal case.
       After consultation with the Office of General Counsel, I 
     have determined that compliance with the subpoena is 
     consistent with the precedents and privileges of the House.
           Sincerely,
                                                    Angelle Kwemo,
     Counsel.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas

[[Page 12681]]

and nays are ordered, or on which the vote incurs objection under 
clause 6 of rule XX.
  Record votes on postponed questions will be taken after 6:30 p.m. 
today.

                          ____________________




            CONGRATULATING UNIVERSITY OF CALIFORNIA AT DAVIS

  Mr. TONKO. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 448) congratulating the University of 
California, Davis, for a century as a premier public research 
university and one of our Nation's finest institutions of higher 
education.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 448

       Whereas the University of California, Davis (UC Davis), was 
     authorized by Governor George Pardee in 1905 as an 
     agricultural research campus and opened its doors to students 
     in 1908;
       Whereas UC Davis became a full University of California 
     campus in 1959;
       Whereas UC Davis has since expanded its student body to 
     more than 30,000 students, and its academic offerings to more 
     than 100 undergraduate majors, 87 graduate programs, and 6 
     professional schools including education, law, management, 
     medicine, nursing, and veterinary medicine;
       Whereas UC Davis--true to its land-grant mission--has in a 
     century touched everything that matters to us as human 
     beings, from our health to the economy, to what we eat and 
     drink, to how we experience and interpret life;
       Whereas UC Davis scientists and alumni have transformed 
     agriculture to the benefit of California and the world;
       Whereas the UC Davis art program has influenced the course 
     of art history and brought critical attention to artists in 
     California;
       Whereas UC Davis scientists have helped to protect Lake 
     Tahoe, Mono Lake, and other environmental treasures;
       Whereas the UC Davis Medical Center is a top research 
     hospital that also serves as the primary acute-care and 
     trauma center for 6,000,000 people in the region;
       Whereas UC Davis research and instruction has fueled the 
     growth of the $45,000,000,000-a-year California wine industry 
     and provided worldwide leadership and innovation in enology 
     and viticulture;
       Whereas from its earliest days UC Davis has hosted 
     international scholars, and currently ranks in the top 5 of 
     all American universities for number of international 
     scholars;
       Whereas the often-overlapping and collaborating communities 
     of UC Davis and the City of Davis have forged innovations in 
     environmental housing and bicycle transportation;
       Whereas the UC Davis athletics program is as notable for 
     its athletic accomplishments--including a national record for 
     football league championships and a Division II national 
     championship in basketball--as well as for the academic 
     accomplishments of its athletes, which include 3 National 
     Collegiate Athletic Association Woman of the Year award 
     winners;
       Whereas UC Davis has 186,000 alumni who make an impact in 
     communities worldwide--and in space--and include UNICEF 
     Director, Ann Veneman, former Treasurer of the United States, 
     Anna Escobedo Cabral, former California State Superintendent 
     of Public Instruction, Delaine Eastin, renowned celebrity 
     chef, Martin Yan, and NASA astronauts, Steve Robinson and 
     Tracy Caldwell;
       Whereas UC Davis professors and researchers have achieved 
     accomplishments from determining the age of the solar system 
     to identifying and neutralizing numerous diseases;
       Whereas UC Davis professors, graduate students and 
     researchers annually generate more than $500,000,000 in 
     research funding, which is translated into scientific 
     breakthroughs, medical cures, industrial innovations and 
     other benefits to civilization;
       Whereas UC Davis undergraduates--who hail from across the 
     State and represent every race and economic class--are 
     California's top young students and future leaders; and
       Whereas UC Davis continues to serve California in new and 
     vital ways, through such new facilities as the Betty Irene 
     Moore School of Nursing, the Robert Mondavi Institute for 
     Wine and Food Science, the Tahoe Environmental Research 
     Center, and the expansion of its emergency medical facilities 
     and its schools of law and management: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) congratulates the University of California, Davis, for 
     100 successful years of providing superb educational 
     opportunities for California;
       (2) recognizes the incredible range of accomplishments by 
     the faculty, staff, students, and alumni of the University of 
     California, Davis, across the whole range of human endeavor; 
     and
       (3) thanks the University of California, Davis, for its 
     contribution to the betterment of our communities, our State, 
     and our Nation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TONKO. Madam Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Resolution 448.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. I yield myself, Madam Speaker, as much time as I may 
consume.
  I rise today to commemorate the University of California at Davis for 
completing more than 100 years as a public university. First opening 
its doors to students in 1908 and being formally established as a 
University of California campus in 1959, UC Davis has grown into one of 
the Nation's finest research universities.
  With over 30,000 students representing all racial and economic 
classes, over 100 undergraduate majors, 87 graduate programs, six 
professional schools and world renowned faculty, UC Davis generates 
more than $500 million in research funding and consistently contributes 
meaningful research to academia while also impacting its local 
community and the world.
  UC Davis' medical center serves more than 6 million people in the 
region. Its research has helped fuel the $45-billion-a-year California 
wine industry, helped to preserve local environmental treasures and 
assisted the city of Davis with innovations in environmental housing 
and bicycle transportation.
  Nicknamed the ``Aggies,'' UC Davis has also produced successful 
athletic programs. Aggie athletics have produced records in football 
and a Division II national championship in basketball while also 
gaining recognition for the academic accomplishments of its athletes.
  Initially founded as the University Farm of UC Berkley, UC Davis has 
grown to receive premier status as a top-tier research university with 
prestigious graduate programs that is a national leader in 
interdisciplinary research. One example of UC Davis' leadership in 
academia was its creation of the very first Native American Studies 
department and doctoral program in the Nation. The regular success of 
UC Davis alumni across the spectrum of public and private life 
demonstrates the prowess of this great university. Today we salute this 
university's dedication to excellence. And I do want to thank 
Representative Thompson for bringing this resolution forward.
  Madam Speaker, once again, I applaud the University of California at 
Davis.
  And I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield myself as much time as I might 
consume.
  Mr. Speaker, I rise today in support of House Resolution 448 
congratulating the University of California, Davis, for reaching the 
century mark as a premier public research university and one of our 
Nation's finest institutions of higher education. The University of 
California, Davis, was authorized by Governor George Pardee in 1905 as 
an agriculture research campus and opened its doors to students in 
1908. In 1959 UC at Davis became a full University of California 
campus.

                              {time}  1415

  Since then, UC Davis has expanded its student body to more than 
30,000 students, and its academic offerings to more than 100 
undergraduate majors, 87 graduate programs, and six professional 
schools, including education, law, management, medicine, nursing, and 
veterinary medicine.
  Embracing a philosophy of learning, discovery, and engagement, UC 
Davis provides students with a rewarding undergraduate experience while 
preparing them for success after graduation. Students benefit from a 
wide range of academic and extracurricular programs,

[[Page 12682]]

an interdisciplinary research community involved in local and global 
issues, and an abundance of opportunities to lead and make an impact on 
society. With a student body drawn from every State and more than 75 
countries, UC Davis reflects and is enriched by cultural traditions 
from around the world.
  The campus' breadth of academic programs, commitment to providing an 
attentive and research-enriched education, and a determination to 
address society's needs is truly distinctive. UC Davis is the only UC 
campus with schools of law, medicine, education, management, and 
veterinary medicine.
  In 2007-08, UC Davis received $586 million in research awards, an 
increase of 10 percent over the previous year. The campus ranks first 
in the UC system and fifth in the Nation in non-Federal research 
expenditures, reflecting the real world applicability of its research. 
Additionally, UC Davis leads the Nation in graduate and undergraduate 
education in biological sciences. Year after year, UC Davis tops the 
charts in the numbers of doctoral and bachelor degrees conferred in 
biological sciences.
  It is truly a privilege to stand before the House today to 
congratulate the University of California at Davis, on the occasion of 
their 100th anniversary. I extend my congratulations to the University 
of California at Davis Chancellor Larry Vanderhoef, the faculty and 
staff, the students and alumni. I wish all involved continued success, 
and I ask my colleagues to support this resolution.
  I reserve the balance of my time.
  Mr. TONKO. Does the gentleman from Kentucky have any further 
speakers?
  Mr. GUTHRIE. Mr. Speaker, we have no further speakers, and I yield 
back.
  Mr. TONKO. Mr. Speaker, obviously the resolution before the House is 
one that speaks to the greatness of a prestigious institution like the 
University of California at Davis. It obviously has excelled in several 
program areas and holds high standards in its interdisciplinary 
research areas. For those reasons and the many others cited by 
Representative Guthrie and myself, I believe that it is important for 
the House to move forward with this resolution and would encourage 
everyone to support the resolution before the House.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I rise in support 
of House Resolution 448. I have the privilege of representing a part of 
the University of California at Davis. It is a privilege because U.C. 
Davis is truly one of the premier institutions of higher learning in 
our Nation.
  Since the University first opened its doors to students in 1908 as an 
agricultural research institution it has played a critical role in the 
growth of California agriculture as one of our State's major industries 
and a producer of food for the world.
  At a time when the delivery of health care services is an issue of 
such paramount importance to our Nation it should be acknowledged that 
the Medical Center at U.C. Davis serves as the primary acute-care 
trauma center for millions of residents in our region. It should also 
be mentioned that the University is recognized for its work as a top 
tier research hospital.
  While the veterinary school at the U.C. Davis is recognized as one of 
the finest such schools in the Nation, I would be remiss not to point 
out that its law school has also attained the highest standards of 
excellence.
  U.C. Davis is the home of the California Biomass Collaborative, which 
is a statewide collaborative of government, industry, environmental 
groups, and educational institutions administered for the state by the 
University of California, Davis. The Collaborative is sponsored by the 
California Energy Commission as well as other agency and private 
industry partners. I worked with the Collaborative in putting together 
a Biomass Policy Forum last fall to discuss the use of woody biomass as 
a viable alternate energy source, as well as a means by which to reduce 
the threat of wildfires.
  The University has also done tremendous work in the field of 
sustainable transportation, and is the new hub of collaboration and 
research on plug-in hybrid electric vehicles in California. Such 
vehicles have zero-tailpipe emissions and could well be the future of 
clean transportation.
  In my capacity as a member of the Committee on Homeland Security I am 
particularly interested in the work conducted by the University through 
the Western Institute of Food Safety and Security, WIFSS, regarding the 
need to protect our Nation's feedstock from the threat of bio-
terrorism. Furthermore, U.C. Davis is engaged in cutting-edge research 
regarding flame retardant materials which has both civilian as well as 
military applications.
  It is therefore an honor for me to commend the University of 
California at Davis to you and ask your support for House Resolution 
448.
  Mr. TONKO. I yield back my time, Mr. Speaker.
  The SPEAKER pro tempore (Mr. Griffith). The question is on the motion 
offered by the gentleman from New York (Mr. Tonko) that the House 
suspend the rules and agree to the resolution, H. Res. 448.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




            COMMENDING UNIVERSITY OF GEORGIA GYMNASTICS TEAM

  Mr. TONKO. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 386) commending the University of Georgia 
Gymnastics Team for winning the 2009 NCAA National Championship, as 
amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 386

       Whereas the University of Georgia (UGA) Gymnastics program 
     has won its 10th National Collegiate Women's Gymnastics 
     Championship;
       Whereas the University of Georgia Gymnastics program has 
     won 16 SEC Championships;
       Whereas the University of Georgia Gymnastic program has 
     produced 8 Honda Award winners;
       Whereas the 2009 national title is the program's fifth 
     consecutive national championship;
       Whereas the Gym Dogs are now the most successful gymnastics 
     program in the country;
       Whereas the University of Georgia's gymnastics team, the 
     Gym Dogs, has made 26 consecutive appearances in the NCAA 
     Gymnastics Championships;
       Whereas the 2009 Gym Dogs team's overall record was an 
     amazing 32-1;
       Whereas the 2009 Gym Dogs also achieved the school's 
     highest team GPA, 3.36;
       Whereas the gymnastics team's coach, Suzanne Yoculan, is 
     retiring as the most successful collegiate gymnastics coach 
     in NCAA history; and
       Whereas Coach Suzanne Yoculan has, in 19 of her 26 years as 
     head coach at the University of Georgia, taken her squad to 
     an SEC title, an NCAA title, or both: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) commends the University of Georgia Gymnastics Team for 
     winning the 2009 NCAA National Championship;
       (2) recognizes that the Gym Dogs have won more national 
     championships than any other program in the Nation; and
       (3) congratulates Suzanne Yoculan for a spectacular career 
     as the University of Georgia's gymnastics coach.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TONKO. Mr. Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Resolution 386 in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. I yield myself as much time as I may consume.
  I rise today, Mr. Speaker, to congratulate the University of 
Georgia's gymnastics team on their 2009 NCAA National Championship.
  On April 17, the University of Georgia supporters were treated to a 
10th national championship. Closing out a spectacular season for the 
Gym Dogs, while also closing the immaculate career of retiring Coach 
Suzanne Yoculan on the highest note possible.
  The Gym Dogs entered the NCAA championship as the number one seed and 
won their fifth consecutive national championship, scoring a 197.825,

[[Page 12683]]

their second best point total of the season, to beat out second place 
Alabama's 197.575, and third place Utah's 197.425 in the final meet of 
Coach Yoculan's illustrious career.
  Coach Yoculan's 26-year career finishes with a long list of 
accolades: Nine NCAA championships, 16 Southeastern Conference titles, 
21 NCAA regional crowns, eight Southeastern Conference Coach of the 
Year honors, five NCAA Coach of the Year awards, 33 individual titles, 
and 57 All-Americans.
  Coach Yoculan and the Gym Dogs have also been a force in the 
community under her tenure, raising more than $125,000, assisting with 
causes such as northeast Georgia's United Way, the Athens area Habitat 
for Humanity, the Athens Regional Medical Center's Breast Health 
Center, and the Special Olympics.
  The Gym Dogs represent one of the most consistently successful 
athletic programs in NCAA history. The 2009 national champions were led 
by seniors Courtney Kupets, a three-time all-around champion, Abby 
Stack, Paige Burris, and Tiffany Tolnay. The team also included the 
juniors by the names of Lauren Johnson, Courtney McCool, Marcia Newby, 
Lauren Sessler, and Grace Taylor; sophomores Hilary Mauro and Cassidy 
McComb; and freshmen Mariel Box, Kathryn Ding, Gina Nuccio and Amber 
Trani.
  As we congratulate the Gym Dogs, Mr. Speaker, who carried a 
cumulative 3.36 GPA, we must also acknowledge the University of Georgia 
for being consistently ranked as one of the Nation's top public 
universities. UGA encompasses 16 schools and colleges that offer 
students a range of educational opportunities. UGA's graduate school 
offers 95 doctoral, 143 master's, and 19 specialist degrees across its 
programs, as well as a variety of professional development and 
portfolio-enhancing programs.
  I want to thank Representative Broun for bringing this resolution 
forward.
  Mr. Speaker, once again, I congratulate the University of Georgia and 
the Gym Dogs for their consistent success.
  I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield as much time as he may consume to 
the gentleman from Georgia, the sponsor of this resolution, Mr. Broun.
  Mr. BROUN of Georgia. Mr. Speaker, I rise today in support of my 
resolution, House Resolution 386, which honors my alma mater, the 
University of Georgia, and especially the women's gymnastic team, who 
have, once again, won the NCAA national championship.
  I would like to thank the chairman, the ranking member, and the staff 
of the House Committee on Education and Labor for working with me and 
my staff to bring this resolution to the floor.
  A new level of excellence has now been set by the University of 
Georgia's gymnastics program. For 5 consecutive years, this team has 
earned a championship crown, giving the University of Georgia the most 
successful women's gymnastics program in collegiate history and making 
Suzanne Yoculan the sport's most successful coach.
  This historic team, led by four dedicated seniors, rallied for a 
dramatic come-from-behind win to allow Coach Yoculan to retire on top. 
In fact, during 18 of Ms. Yoculan's 26 years as head coach, she has 
taken her squad to a Southeastern Conference title, an NCAA 
championship title, or both.
  The University of Georgia's women's gymnastics team certainly 
deserves our congratulations for their hard work in winning a 
championship, but they should also be recognized for their outstanding 
academic achievements. They posted a collective 3.36 GPA. Boy, that is 
something for an athlete to be able to have that kind of GPA. But to 
have the coach of a team that gives us that collective GPA, that is 
unheard of almost.
  I congratulate the Gym Dogs for another championship, and I urge my 
colleagues to join me in praising their achievements, both in and out 
of the classroom, by voting for this resolution.
  Mr. TONKO. Mr. Speaker, I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, in the interest of time, I will submit my full remarks 
for the Record, but I do want to extend my congratulations to the 
University of Georgia President Michael Adams, Athletic Director Damon 
Evans, Head Coach Suzanne Yoculan, and her staff, the hardworking 
gymnasts, and the fans. I wish all involved continued success, and I 
ask my colleagues to support this resolution.
  Mr. Speaker, I rise today in support of House Resolution 386 
commending the University of Georgia Gymnastics Team for winning the 
2009 NCAA National Championship.
  There are many words which could be used to describe the Gym Dogs at 
the University of Georgia, but without question the one constant is 
success.
  UGA's gymnastics program has won 10 National Collegiate Women's 
Gymnastics Championships, and the 2009 title represents the team's 5th 
consecutive honor. In addition, the program has won 16 Southeastern 
Conference Championships. Sixty-eight gymnasts have earned 267 All-
American awards, 33 gymnasts have won NCAA individual titles, and, for 
12 of the past 17 years, there has been at least one Gym Dog atop the 
awards stand as an NCAA individual title winner.
  Chartered by the Georgia General Assembly in 1785, the University of 
Georgia is America's first state chartered university and the 
birthplace of the American system of public higher education. With its 
statewide mission and core characteristics, UGA endeavors to prepare 
the university community for full participation in the global society 
of the twenty-first century. Through its programs and practices, UGA 
seeks to foster the understanding of and respect for cultural 
differences necessary for an enlightened and educated citizenry. UGA 
provides for cultural, ethnic, gender and racial diversity in the 
faculty, staff and student body.
  Whether it is success on the field of play, or commitment to academic 
excellence, the University of Georgia is a shining example of our 
nation's system of higher education.
  I extend my congratulations to University of Georgia President, 
Michael Adams; Athletic Director, Damon Evans; Head Coach, Suzanne 
Yoculan and her staff, the hard working gymnasts, and the fans. I wish 
all involved continued success and ask my colleagues to support this 
resolution.
  I yield back the balance of my time.
  Mr. TONKO. Mr. Speaker, the resolution before the House obviously 
congratulates an outstanding team. The Gym Dogs, under their coach at 
the University of Georgia, Coach Yoculan, have achieved great records. 
They have broken records and established a tremendous multiyear record, 
all while being great achievers in the classroom. For these reasons, I 
commend the Gym Dogs and encourage the House to support this resolution 
honoring a great team.
  I yield back my time, Mr. Speaker.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 386, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution, as amended, was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




          CONGRATULATING CAMP DUDLEY ON ITS 125TH ANNIVERSARY

  Mr. TONKO. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 300) congratulating Camp Dudley YMCA of Westport, 
New York, on the occasion of its 125th anniversary, as amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 300

       Whereas Camp Dudley YMCA (``Camp Dudley'') was founded in 
     1885 by Sumner F. Dudley, a YMCA volunteer;
       Whereas Camp Dudley is located in Westport, New York, with 
     two miles of frontage on Lake Champlain and surrounded by the 
     Adirondack Mountains;
       Whereas Camp Dudley is the oldest Camp in continuous 
     operation in the United States;
       Whereas Camp Dudley's motto of ``The Other Fellow First'', 
     is at the heart of camp life;
       Whereas Camp Dudley is a place that celebrates timeless 
     traditional values, inspiring boys, girls, men, and women 
     alike to seek

[[Page 12684]]

     something higher than their own self-interest;
       Whereas Camp Dudley has remained true to its mission to 
     develop moral, personal, physical, and leadership skills in 
     the spirit of fellowship and fun, enabling boys and girls to 
     lead lives characterized by devotion to others;
       Whereas Camp Dudley's leadership development program is a 
     dynamic part of the camp experience;
       Whereas Camp Dudley has a great legacy of Cabin Leadership, 
     driven by caring and bold leaders whose devotion to their 
     campers is the cornerstone for successful summers;
       Whereas Camp Dudley is committed to providing a balanced 
     program for campers that includes team sports, individual 
     sports, the arts, outdoor offerings, and spiritual 
     traditions;
       Whereas campers can participate in a variety of activities 
     and sports including arts and crafts, archery, band, 
     baseball, basketball, canoeing, ceramics, chorus, drama, 
     fishing, flag football, golf, hiking, high and low ropes 
     courses, kayaking, lacrosse, lifesaving, mountaineering, 
     music, photography, publications, riflery, rock climbing, 
     sailing, soccer, softball, swimming, diving, tennis, track 
     and field, water polo, weight training, writing, video, and 
     volleyball;
       Whereas Camp Dudley expanded its reach by welcoming Camp 
     Kiniya for girls into its family in 2006;
       Whereas Camp Dudley welcomes a diverse camper body of boys 
     of all faiths into their community;
       Whereas Camp Dudley is committed to making camp affordable 
     for all socioeconomic levels;
       Whereas Camp Dudley offers the Dr. William J. Schmidt 
     Memorial Scholarship program, in which approximately 20 
     percent of summer campers are awarded scholarships on the 
     basis of financial need, and are funded from generous alumni 
     and parents support;
       Whereas Camp Dudley's current and former campers and staff 
     have made significant differences in their own communities 
     and families;
       Whereas campers representing 35 States and 12 foreign 
     countries have spent their summers at Camp Dudley and has a 
     camper return rate of 84 percent; and
       Whereas one of the unique characteristics of Camp Dudley is 
     the loyalty and support of its alumni both through financial 
     support and attendance at the more than 47 alumni gatherings 
     occurring each year across the country and around the world: 
     Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) congratulates Camp Dudley YMCA of Westport, New York, 
     on the occasion of its 125th anniversary; and
       (2) recognizes Camp Dudley YMCA's current staff, campers, 
     and alumni for their contributions to their community.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TONKO. Mr. Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Resolution 300 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. I yield myself as much time as I may consume.
  Mr. Speaker, I rise today in support of House Resolution 300, which 
recognizes Camp Dudley YMCA for the contributions made to their 
community.
  Located in Westport, New York, Camp Dudley was founded in 1885 by 
Sumner F. Dudley, a YMCA volunteer. It is the oldest camp in continuous 
operation in our United States. Camp Dudley is a place that celebrates 
timeless traditional values, inspiring boys, girls, men, and women 
alike to seek something higher than their own self-interests. This 
dedication to personal development of campers can be exhibited in the 
camp's motto of ``The other fellow first.''
  The admirable mission of Camp Dudley includes helping campers to 
develop moral, personal, physical, and leadership skills in the spirit 
of fellowship and fun, enabling boys and girls to lead lives 
characterized by devotion to others.

                              {time}  1430

  In this way, Camp Dudley has shown dedication to creating a community 
of selflessness, teaching boys and girls to think of the larger 
community before one's self. A variety of activities offered at Camp 
Dudley, including arts and crafts, a multitude of sports, photography, 
writing, and many more, allow the campers to have new experiences and 
new adventures.
  With a great legacy of cabin leadership, Camp Dudley is driven by 
caring and bold leaders, whose devotion to their campers is the 
cornerstone for successful summers. As such, the camp's leadership 
development program is a dynamic and vital part of the camp experience. 
Camp Dudley has committed itself to making camp affordable for all 
socioeconomic levels, never letting financial capabilities stand in the 
way of opportunities for our young adults.
  Demonstrating such, Camp Dudley's scholarship program awards 
scholarships to approximately 20 percent of summer campers. This also 
serves as proof of the strong foundation built by the camp's alumni. 
The scholarships awarded are generously funded by both alumni and 
parents. Some notable alumni include Burgess Meredith, Bob Pettit, C. 
Roland Stichweh, Ink Clark, Pete Willmott, Paul Grinwis, John Harbison, 
Robert Appleyard, Gerald La Grange, Johnny Jones, and many others. The 
impact of Camp Dudley's influence expands beyond the campgrounds. 
Current and former campers, as well as staff, continue to make 
significant differences in their own communities and families.
  Mr. Speaker, this resolution serves to recognize the successes of 
Camp Dudley, and it congratulates the institution on the occasion of 
its 125th anniversary. I want to thank Representative McHugh for 
bringing this resolution forward, and I do urge my colleagues to 
resoundingly pass this resolution.
  I reserve the balance of my time, Mr. Speaker.
  Mr. GUTHRIE. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, I rise today in support of House Resolution 300, 
congratulating Camp Dudley YMCA of Westport, New York, on the occasion 
of its 125th anniversary.
  Founded by Sumner F. Dudley in 1885, Camp Dudley is a place that 
celebrates timeless traditional values by inspiring boys and men alike 
to seek something higher than their own self-interests. Their motto, 
``The other fellow first,'' is at the heart of camp life. For more than 
125 years, Camp Dudley has been able to maintain tremendous momentum by 
remaining true to its original mission to develop boys' moral, personal 
and physical skills in the spirit of fellowship and fun.
  Camp Dudley is committed to providing a balanced program for campers 
that includes team sports, individual sports, the arts, outdoor 
offerings, and spiritual traditions. Their leadership development 
program is a dynamic part of camp experience and is integrated into all 
parts of the camp.
  Recognizing the benefits that summer camp can provide for girls, Camp 
Dudley at Kiniya opened for its first summer season in 2006. Girls from 
all over the country can enjoy camp that celebrates leadership, 
friendship and kindness. Camp Dudley at Kiniya is a camping experience 
that allows for individual and community growth where each person feels 
safe to try new things and has the time and opportunity to develop 
meaningful relationships and passions.
  One of Camp Dudley's great legacies is its history of cabin 
leadership. From the earliest days, the summer experience has been 
driven by a group of caring leaders, whose devotion to their campers 
has been the cornerstone for successful summers. At Camp Dudley, the 
counselors are called ``leaders'' because that is what is expected of 
them. The majority of camp employees have attended Camp Dudley before 
its campers. Of the 48 cabin leaders hired last summer, all were former 
campers. This commitment to consistency carries over to each level of 
the summer staff, and ensures that the campers will find success in a 
safe and supportive environment.
  Institutions such as Camp Dudley provide a foundation of leadership 
and citizenry that enriches our Nation. I am honored to stand before 
the House today to congratulate Camp Dudley on the occasion of its 
125th anniversary. I

[[Page 12685]]

encourage the camp to continue to enhance the lives of our children, 
and I ask my colleagues to join me in supporting this resolution.
  I reserve the balance of my time.
  Mr. TONKO. Does the gentleman from Kentucky have any further 
speakers?
  Mr. GUTHRIE. Madam Speaker, I have no further speakers, and I yield 
back.
  Mr. TONKO. Madam Speaker, the tradition of 125 years with Camp 
Dudley, whereby they have nurtured our young and have strengthened our 
future by creating the leaders of tomorrow, is commendable, and I would 
encourage strongly that the House support House Resolution 300, 
honoring the 125th anniversary of Camp Dudley.
  Mr. McHUGH. Madam Speaker, I rise today as the proud sponsor of H. 
Res. 300, which congratulates Camp Dudley YMCA of Westport, New York, 
on the occasion of its 125th anniversary. I want to thank the gentlemen 
from California (Mr. Miller and Mr. McKeon) for their work to bring 
this resolution to the floor today. Likewise, I wish to thank many of 
my colleagues in the House who have signed on as cosponsors.
  Camp Dudley is the oldest camp in continuous operation in the United 
States. It was founded in 1885 by Sumner F. Dudley, a YMCA volunteer, 
and will celebrate its 125th anniversary this year. The camp is located 
in picturesque Westport, New York, on the shores of Lake Champlain and 
surrounded by the Adirondack Mountains.
  Camp Dudley is truly a special place. It is a place that celebrates 
timeless traditional values and inspires boys, girls, men and women to 
seek something higher than their own self-interest. In fact, Camp 
Dudley's motto is appropriately ``The Other Fellow First.''
  Over the years, Camp Dudley has remained true to its mission to 
develop moral, personal, physical and leadership skills in the spirit 
of fellowship and fun. In fact, leadership development is a dynamic 
part of the Dudley experience. Camp Dudley uniquely refers to its 
counselors as Leaders. This resolution recognizes this legacy of 
leadership.
  It is also important to recognize that Camp Dudley welcomes a diverse 
camper body of all faiths into their community. This resolution further 
recognizes Camp Dudley's commitment to making camp affordable for all 
socioeconomic levels. In fact, approximately 20 percent of summer 
campers are awarded scholarships on the basis of financial need and are 
funded from the generous support of alumni and parents. This support 
has allowed campers and staff to make significant contributions in 
their own communities and families. Many alumni have gone on to excel 
in a variety of fields including medicine, law, business, and 
government, to name just a few. This resolution also recognizes Camp 
Dudley's decision to expand its reach to include Camp Kiniya for girls 
in 2006. Camp Kiniya is located on the Vermont side of Lake Champlain 
in Colchester, Vermont.
  Of note, the William J. Schmidt Annual Scholarship Fund, named after 
former Camp Director Willie Schmidt, was launched in 2004. Thanks in 
large part to Dr. Schmidt's generosity and fundraising efforts, 
thousands of boys and girls have the joy of a Camp Dudley experience.
  Campers representing 35 states and 12 foreign countries have spent 
their summers at Camp Dudley. They have enjoyed this experience so 
immensely that the camper return rate stands at 84 percent. One of the 
unique characteristics of Camp Dudley is the loyalty and support of its 
alumni both through financial support and attendance at the more than 
forty-seven alumni gatherings occurring each year across the country 
and around the world.
  Accordingly, I ask my colleagues to support this resolution honoring 
Camp Dudley YMCA of Westport, New York, on the occasion of its 125th 
anniversary and join with me in recognizing Camp Dudley's current 
staff, campers, and alumni for their contributions to their 
communities.
  Mr. TONKO. I yield back my time.
  The SPEAKER pro tempore (Mrs. Capps). The question is on the motion 
offered by the gentleman from New York (Mr. Tonko) that the House 
suspend the rules and agree to the resolution, H. Res. 300, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. TONKO. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




COMMUNICATION FROM DEPUTY CHIEF OF STAFF, THE HONORABLE EDOLPHUS TOWNS, 
                           MEMBER OF CONGRESS

  The SPEAKER pro tempore laid before the House the following 
communication from Roberta Hopkins, Deputy Chief of Staff, the 
Honorable Edolphus Towns, Member of Congress:

                                    Congress of the United States,


                                     House of Representatives,

                                     Washington, DC, May 12, 2009.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: This is to notify you formally, 
     pursuant to Rule VIII of the Rules of the House of 
     Representatives, that I have been served with a subpoena, 
     issued in the U.S. District Court for the Eastern District of 
     Virginia, for testimony in a criminal case.
       After consultation with the Office of General Counsel, I 
     have determined that compliance with the subpoena is 
     consistent with the precedents and privileges of the House.
           Sincerely,
                                                  Roberta Hopkins,
     Deputy Chief of Staff.

                          ____________________




              RECOGNIZING NATIONAL MISSING CHILDREN'S DAY

  Mr. TONKO. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 297) recognizing May 25, 2009, as National 
Missing Children's Day.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 297

       Whereas May 25, 2009, will be the 27th National Missing 
     Children's Day;
       Whereas National Missing Children's Day honors our Nation's 
     obligation to locate and recover missing children by 
     prompting parents, guardians, and other trusted-adult role 
     models to make child safety an utmost priority;
       Whereas in the United States nearly 800,000 children are 
     reported missing a year, more than 58,000 children are 
     abducted by non-family members, and more than 2,000 children 
     are reported missing every day;
       Whereas Congress's efforts to provide resources, training, 
     and technical assistance has increased the capabilities of 
     State and local law enforcement to find children and to 
     return them home safely;
       Whereas the 1979 disappearance of 6-year-old Etan Patz 
     served as the impetus for the creation of National Missing 
     Children's Day, first proclaimed in 1983; and
       Whereas Etan's photo was distributed nationwide and 
     appeared in media globally, and the powerful image came to 
     represent the anguish of thousands of searching families: 
     Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) recognizes National Missing Children's Day and 
     encourages all Americans to join together to plan events in 
     communities across America to raise public awareness about 
     the issue of missing children and the need to address this 
     national problem,
       (2) recognizes that one of the most important tools for law 
     enforcement to use in the case of a missing child is an up-
     to-date, good quality photograph and urges all parents and 
     guardians to follow this important precaution, and
       (3) acknowledges that National Missing Children's Day 
     should remind Americans not to forget the children who are 
     still missing and not to waver in the effort to reunite them 
     with their families.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TONKO. Madam Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Resolution 297 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. I yield myself as much time as I may consume.
  Madam Speaker, I rise today in support of House Resolution 297, which 
recognizes May 25, 2009, as the 27th National Missing Children's Day, 
and urges everyone to do what they can to prevent the tragedy of a 
missing child.

[[Page 12686]]

  In the late 1970s, a succession of high-profile missing children 
cases helped heighten the awareness and underline the seriousness of 
child victimization. When Etan Patz went missing on his way to school 
in 1979, the first major national media campaign surrounding a missing 
child took place. The considerable media attention and comprehensive 
search helped highlight the problem of child abduction nationwide.
  Etan's case and others helped expose a flaw in the system. At that 
time, there was no national response system in place to coordinate 
State and local cooperation or a central mechanism to support searching 
families. In 1983, May 25 was proclaimed National Missing Children's 
Day, and a nationwide movement was born. May 25 was chosen because it 
is the anniversary of Etan's disappearance.
  More than 2,000 children are reported missing every day, but strides 
have been made to change this disturbing statistic. Programs such as 
the AMBER Alert program, which notifies law enforcement officials and 
the public of child abduction cases, have done a lot to help return 
missing children to their families. To date, 443 children have been 
recovered because of the AMBER Alert program. Each May, we reflect on 
missing children, and we renew our efforts to reunite those young 
people with their families.
  National Missing Children's Day is an opportunity to remind families 
of the importance of maintaining up-to-date photographs of their 
children and to encourage everyone to give their full attention to the 
photographs and posters of missing children. Anyone can be a hero and 
offer the tip that helps return children to their families. Protecting 
young people is one of our Nation's top priorities.
  On May 25, Madam Speaker, we will pause to remember the children 
whose lives have been lost. We will celebrate those who have been 
reunited with their families, and we will renew our effort to continue 
searching for children who continue to be missing.
  Madam Speaker, once again, I express my support for National Missing 
Children's Day, and I thank Representative Biggert for bringing this 
resolution to the floor. I do urge my colleagues to support this 
important resolution.
  I reserve the balance of my time.
  Mr. GUTHRIE. I yield myself as much time as I may consume.
  Madam Speaker, I rise today in support of House Resolution 297, 
recognizing May 25, 2009, as National Missing Children's Day. In our 
country, every year, hundreds of thousands of children are abducted or 
go missing. Today, more missing children come home safely than ever 
before, but there is still work to be done.
  First proclaimed by President Ronald Reagan in 1983, National Missing 
Children's Day honors the work being conducted on a daily basis 
throughout the U.S. to locate and to recover missing children by 
prompting parents, guardians and other trusted adult role models to 
make child safety an utmost priority.
  In 1979, 6-year-old Etan Patz disappeared. Etan's photo appeared in 
the media across the Nation and around the world. His image came to 
represent the distress of thousands of families searching for their 
missing children. This tragedy served as the motivation for the 
establishment of National Missing Children's Day.
  In the United States, more than 2,000 children are reported missing 
every day. Nearly 800,000 children are reported missing each year, and 
more than 58,000 children are abducted by non-family members. Too many 
children do not make it home, and many more continue to be victimized 
by acts of violence. Children are the most victimized segment of our 
society, and crimes committed against children of all ages are the most 
underreported of any victim category.
  Every day, local, State and Federal law enforcement are working 
diligently in an effort to find children and to reunite them with their 
families. In June 2008, President Bush signed the Protecting Our 
Children Comes First Act into law. The law reauthorized the Missing and 
Exploited Children's Program under the Missing Children's Assistance 
Act. Our reauthorization efforts provided resources, training and 
technical assistance in order to assist in increasing the capabilities 
of State and local law enforcement to locate missing children.
  The recognition of May 25, 2009, as National Missing Children's Day 
serves to remind us that we still have work to do to reunite families 
and to ensure that parents, families, neighbors, and law enforcement 
work together to locate all missing children. For this reason, I stand 
in support of this resolution. I thank the gentlewoman from Illinois 
(Mrs. Biggert) for introducing House Resolution 297. I ask for my 
colleagues' support.
  I reserve the balance of my time.
  Mr. TONKO. Does the gentleman from Kentucky have further speakers?
  Mr. GUTHRIE. Madam Speaker, I have no further speakers, and I yield 
back.
  Mr. TONKO. Madam Speaker, the impact of missing children on those 
children and their families is obviously immeasurable, and it is 
important for us to continue that unfinished business that needs to be 
accomplished here in this country so as to recognize the missing 
children situation for the gravity that it poses. For that, I believe 
strongly that we should support this resolution and recognize our 
missing children through a day of observance.
  Mrs. BIGGERT. Madam Speaker, I rise today in strong support of House 
Resolution 297, recognizing May 25, 2009, as National Missing 
Children's Day.
  On May 25, 1979, 6-year-old Etan Patz disappeared somewhere on the 
two blocks between his SoHo apartment to the West Broadway bus stop. 
Despite a massive search effort and international media exposure, Etan 
has never been found. His image has come to represent the anguish of 
thousands of families who are still searching for their missing 
children.
  In 1983, President Ronald Reagan declared May 25 National Missing 
Children's Day. Doing so has provided an annual reminder of the 
disappearance of Etan and countless other children whose whereabouts 
have yet to be discovered.
  Today, nearly 800,000 children are reported missing each year in the 
United States and more than 2,000 children are reported missing every 
day. Children continue to be the most victimized segment of our society 
and crimes committed against children of all ages are the most 
underreported of any victim category.
  In December 2007, the House of Representatives passed a bill to 
reauthorize the Missing and Exploited Children's program under the 
Missing Children's Assistance Act. I would like to urge my colleagues 
to join me in supporting full funding for the invaluable programs 
authorized by this legislation. Our efforts here in Congress provide 
resources, training, and technical assistance that increase the 
capabilities of State and local law enforcement to locate missing 
children.
  It is a shame that, 30 years after Etan's disappearance, thousands of 
children continue to be abducted or go missing in our country. While 
more missing children come home safely today than ever before, the 
recognition of National Missing Children's Day serves to remind us of 
the unfinished work we have to do to reunite families and protect the 
most vulnerable among us. I ask for my colleagues' support of this 
important resolution.
  Ms. JACKSON-LEE -of Texas. Madam Speaker, I rise today in strong 
support of H. Res. 297, ``Recognizing May 25, 2009, as National Missing 
Children's Day.'' I would like to thank my colleague Representative 
Judy Biggert for introducing this resolution, as well as the co-
sponsors, Representatives Leonard Lance, Ted Poe, Bart Stupak, Zoe 
Lofgren, Thomas Rooney, and Frank Wolf.
  I support this important resolution, because there are few things 
that are as frightening to a parent as the prospect of the losing, 
kidnapping, or murder of their child. Far too many Americans see these 
fears materialize. In the United States nearly 800,000 children are 
reported missing a year, more than 58,000 children are abducted by non-
family members, and more than 2,000 children are reported missing every 
day.
  It is for these families that Congress has in years past--as it does 
today--recognized National Missing Children's Day. If passed, this 
would mark the 27th time this Congress has marked a day in May, in 
honor of our Nation's obligation to locate and recover missing children 
by prompting parents, guardians, and other trusted-adult role models to 
make child safety an utmost priority.
  National Missing Children's Day first began in 1979, with the 
disappearance of 6-year-old

[[Page 12687]]

Etan Patz. This New York City event served as the impetus for the 
creation of National Missing Children's Day to be first proclaimed in 
1983. Etan's photo was distributed nationwide and appeared in media 
globally, and the powerful image came to represent the anguish of 
thousands of families who found themselves searching for their loved 
ones.
  This day brings serious problems to the forefront of our Nation's 
thoughts. It is from this increased awareness, Congress has put forward 
efforts--to provide resources, training, and technical assistance--
which have increased the capabilities of State and local law 
enforcement to find children and to return them home safely.
  For these reasons, I join my colleagues in recognizing National 
Missing Children's Day. One of the most important tools for law 
enforcement to use in the case of a missing child is an up-to-date, 
good quality photograph. I support the resolution, as it urges all 
parents and guardians to follow this important precaution.
  I also join in encouraging all Americans to plan events in 
communities across America to raise public awareness about the issue of 
missing children and the need to address this national problem. 
Commemoration of National Missing Children's Day should remind 
Americans not to forget the children who are still missing and not to 
waver in the effort to reunite missing children with their families.
  Mr. TONKO. I yield back my time, Madam Speaker.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 297.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. TONKO. Madam Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________




                   CONGRATULATING AVERETT UNIVERSITY

  Mr. TONKO. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 347) congratulating Averett University in 
Danville, Virginia, for 150 years of service and leadership to the 
United States.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 347

       Whereas in 1859, Union Female College, the forerunner of 
     Averett University was established to provide educational 
     opportunities for young women who did not have many 
     educational opportunities;
       Whereas the name Averett College was officially adopted to 
     honor the institution's early founders;
       Whereas in 1971, Averett became a fully accredited, 
     coeducational, 4-year institution of higher education;
       Whereas in 1980, Averett awarded its first master's 
     degrees;
       Whereas in 1988, Averett became the first institution of 
     higher education in Virginia to offer an innovative, 
     accelerated program for working adults who wished to earn 
     advanced degrees;
       Whereas in 2001, Averett College officially became known as 
     Averett University in recognition of its growth;
       Whereas Averett University enrolls more than 2,450 students 
     from 25 states and 12 countries and employs more than 350 
     people statewide;
       Whereas Averett University offers 32 undergraduate majors 
     and master's degree programs in business and education;
       Whereas Averett University confers nearly 800 degrees each 
     year;
       Whereas Averett University serves students on its main 
     campus in Danville, Virginia, and at 20 other locations 
     around the Commonwealth;
       Whereas Averett University has 13 NCAA III athletic teams 
     that have won various championships, including a national 
     championship in golf; and
       Whereas Averett University has been led by 23 presidents 
     and is currently led by Dr. Tiffany McKillip Franks: Now, 
     therefore, be it
       Resolved, That Congress congratulates Averett University in 
     Danville, Virginia, for 150 years of service and leadership 
     to the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TONKO. Madam Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Resolution 347 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. Thank you. I yield myself as much time as I may consume.
  Madam Speaker, I rise today in support of House Resolution 347, which 
celebrates Averett University's 150 years of service and leadership to 
the Commonwealth of Virginia and to our United States.
  Originally founded in 1859 as an educational institution for women, 
Union Female College grew to what is now known as Averett University. 
For the past 150 years, Averett University has remained steadfast in 
its commitment to its students and to its community. With a mission of 
preparing students for a lifetime of success, Averett University has a 
renowned liberal arts curriculum that provides individuals with the 
skills necessary to succeed on campus and beyond.

                              {time}  1445

  Demonstrating a spirit of innovation that dates back to 1859, Averett 
University was one of the first universities in Virginia to offer a 
business degree program for working adults. Because of its reputation, 
Averett University places nearly 100 percent of its education program 
graduates in employment positions each year. In fact, numerous students 
have job offers prior to even completing their student teaching. With 
faculty members that are successful entrepreneurs, artists, and 
scientists, Averett University students are prepared to succeed inside 
and outside the classroom.
  Since its inception, Averett University students have been dedicated 
to the surrounding community. This commitment continues to this day 
with students now participating in service organizations like Big 
Brothers Big Sisters, Habitat for Humanity, and the Boys and Girls 
Club. With more than 20,800 alumni in 50 States and 38 countries, this 
commitment now spreads the globe.
  As the university celebrates 150 years of achievement, may it renew 
its commitment and passion to service, to its students, and its 
community. Madam Speaker, I again congratulate Averett University. And 
I thank Congressman Perriello for bringing this resolution forward. I 
urge my colleagues to support the resolution.
  I reserve the balance of my time.
  Mr. GUTHRIE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of House Resolution 347, 
congratulating Averett University in Danville, Virginia, for 150 years 
of service and leadership to the United States.
  Founded in 1859, Averett University has a long history of preparing 
women and men to be leaders in their careers and in their communities. 
Averett began as a school for young women at a time when educating 
women was not a popular idea. That spirit of innovation continues today 
as they are among the first in Virginia to create an accelerated 
program for working adults and are among the select few in the Nation 
to offer bachelor's degrees in both aeronautics and equestrian studies.
  Averett University's educational philosophy is simple: Prepare our 
students for a lifetime of success. At Averett, students receive the 
skills and knowledge to get that first job or enter graduate school, 
and they develop the habits of the mind that will allow them to adapt 
to a constantly changing, globally connected world. The university 
combines the liberal arts with professional education, and many experts 
agree that regardless of one's job, a

[[Page 12688]]

person must be able to analyze information, think critically, 
communicate effectively, work in teams, and adapt to new conditions--
the very skills provided by a liberal arts education. Averett provides 
a powerful experience that will energize an individual for a lifetime 
career and for productive citizenship.
  I extend my congratulations to Averett University president, Dr. 
Tiffany McKillip Franks, the faculty and staff, the students, and 
alumni. I wish all involved continued success and ask my colleagues to 
support this resolution.
  I yield back my time.
  Mr. TONKO. Madam Speaker, the history of Averett University is well 
documented and has been of service to so many students who are 
achieving their professional goals. They have inspired them in the 
classroom, and they have encouraged a community responsiveness within 
its student body that continues as a tradition.
  With all of that being said, I congratulate Congressman Perriello for 
the resolution and encourage my colleagues to support the resolution.
  I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 347.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




      RECOGNIZING IMPORTANCE OF CHILD AND ADULT CARE FOOD PROGRAM

  Mr. TONKO. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 442) recognizing the importance of the Child 
and Adult Care Food Program and its positive effect on the lives of 
low-income children and families.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 442

       Whereas Child and Adult Care Food Program participants 
     under the Richard B. Russell National School Lunch Act 
     include sponsoring organizations, child care centers, family 
     day care homes, Head Start programs, at-risk after-school 
     care centers, outside-school hours care centers, emergency 
     shelters, and adult day care centers;
       Whereas 49,624 licensed child care centers with 2,300,000 
     children participated in the Child and Adult Care Food 
     Program in 2008;
       Whereas 141,535 licensed or approved family child care 
     homes with 849,000 children participated in the Child and 
     Adult Care Food Program in 2008;
       Whereas 872 family child care sponsoring organizations 
     participated in the Child and Adult Care Food Program in 
     2008;
       Whereas in 2008, 71 percent of all meals served in child 
     care centers participating in the Child and Adult Care Food 
     Program qualified for reimbursement at the rates established 
     for free or reduced price meals;
       Whereas 78 percent of all meals served in family day care 
     homes participating in the Child and Adult Care Food Program 
     qualified for tier I reimbursement factors in 2008;
       Whereas the Child and Adult Care Food Program was cited as 
     one of the important supports for long-term success in 
     building strong family child care for low-income families;
       Whereas 87 percent of the family child care homes 
     considered to be providing good quality child care 
     participated in the Child and Adult Care Food Program;
       Whereas the Child and Adult Care Food Program, due to its 
     unique combination of training and oversight, is an effective 
     vehicle for supporting family child care providers and 
     enhancing the care they provide;
       Whereas the Department of Agriculture's evaluation of the 
     Child and Adult Care Food Program found that children in the 
     Child and Adult Care Food Program received meals that were 
     nutritionally superior to those meals served in child care 
     settings outside of the Child and Adult Care Food Program;
       Whereas studies have shown that young children feel safe 
     and secure, pay attention, behave, and stay healthy, when 
     they are well nourished;
       Whereas research has shown that children who participate in 
     the Child and Adult Care Food Program eat more fruits, 
     vegetables, milk, and have a better overall diet quality;
       Whereas the current economic crisis is causing more 
     families to rely on the Child and Adult Care Food Program as 
     they struggle to feed their children;
       Whereas the Child and Adult Care Food Program contributes 
     to and supports quality child care that provides early 
     education experiences; and
       Whereas participation in the Child and Adult Care Food 
     Program, provides a basis for lifetime healthy eating 
     behaviors: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) recognizes the importance of the Child and Adult Care 
     Food Program and its overall positive effect on the lives of 
     low-income children and families, as well as its positive 
     effect on improving the quality of a child's child care 
     environment;
       (2) promotes program collaboration and encourages States to 
     better coordinate the use of all Federal and State funding 
     streams across early learning and child development systems 
     and programs, including the Child and Adult Care Food 
     Program;
       (3) recognizes the need to provide adequate resources to 
     improve the availability and quality of nutritious meals and 
     snacks served by Child and Adult Care Food Program 
     facilities;
       (4) recognizes the impact of nonprofit and community 
     organizations that work to increase the awareness of, and 
     access to, the Child and Adult Care Food Program;
       (5) recognizes the need to provide States with resources to 
     improve the availability of nutritious meals in child care;
       (6) recognizes that the Child and Adult Care Food Program 
     provides a higher meal quality and a substantial nutrition 
     contribution to the diets of children in child care; and
       (7) recognizes the Child and Adult Care Food Program can 
     help young children establish healthy eating habits which 
     help to prevent childhood obesity.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TONKO. Madam Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Resolution 442 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of House Resolution 442, which 
expresses Congress' support for the important work of the Child and 
Adult Care Food Program.
  Participation in nutrition programs sets the foundation for healthy 
lifetime eating behaviors. Studies prove that it is only when young 
children are well nourished that they feel secure, pay attention, 
behave and maintain good health. Through the Child and Adult Care Food 
Program's provisioning of nutritious meals and snacks, millions of 
children are able to experience the positive effects of improved 
nutrition.
  Authorized by the Richard B. Russell National School Lunch Act, the 
Child and Adult Care Food Program seeks to improve the quality of child 
care through the support of programs providing early education 
experiences while making such programs more affordable to our low-
income families. As part of their day care program, licensed child care 
centers and child care homes participating in the Child and Adult Care 
Food Program provide 2.9 million nutritious meals and snacks every day 
of operation. These meals and snacks have been found to be 
nutritionally superior to the meals provided by nonparticipating 
providers. In fact, the program that has its children participating in 
it, has them consuming more fruits, vegetables and milk than 
nonparticipants. They even have higher quality diets overall.
  Beyond the services provided to young children in child care, the 
Child and Adult Care Food Program also provides meals for children in 
emergency shelters and those enrolled in eligible after-school care 
programs. Additionally, the program serves 86,000 adults receiving care 
in nonresidential adult day care centers.
  Sponsorship of the child and adult care food program is critical now 
that the economic crisis is making it even harder for families to 
adequately feed their children. All children who qualify should be able 
to experience the positive benefits of the high-quality child care and 
nutritious meals as provided by the Child and Adult Care Food Program.

[[Page 12689]]

  Madam Speaker, once again, I express my support for the Child and 
Adult Care Food Program, and I urge my colleagues to support this 
resolution.
  I reserve the balance of my time.
  Mr. GUTHRIE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of House Resolution 442, 
recognizing the importance of The Child and Adult Food Care Program and 
its positive effect on the lives of low-income children and families.
  The U.S. Department of Agriculture's food and nutrition service 
administers the Child and Adult Care Food Program through grants to 
States.
  The Child and Adult Care Food Program serves nutritious meals and 
snacks to eligible children and adults who are enrolled for care at 
participating child care centers, day care homes, and adult day care 
centers. Every day, 2.9 million children receive nutritious meals and 
snacks with the Child and Adult Food Program. The program provides 
meals and snacks to 86,000 adults who receive care in those residential 
adult day care centers.
  The program also provides meals to children residing in emergency 
shelters and snacks and suppers to youth participating in eligible 
after-school care programs.
  Studies have shown that young children pay attention, behave, and 
stay healthy when they are well nourished. The Department of 
Agriculture's evaluation of the Child and Adult Care Food Program found 
that children in the program receive meals that were nutritionally 
superior to those meals served in child care settings outside of the 
program.
  The program plays an important role in improving the quality of day 
care and making it more affordable for many low-income families. I 
stand in support of this resolution and ask for my colleagues to 
support it as well.
  I yield back the balance of my time.
  Mr. TONKO. Madam Speaker, obviously the value of nutrition and 
nutrition programs provides a longtime benefit for all age demographics 
in our population and certainly a lifetime of benefits for our 
children. And I would firmly request that the House stand in full 
support of the resolution before us, H. Res. 442.
  Mr. BACA. Madam Speaker, I rise today in strong support of H. Res. 
442, a resolution recognizing the importance of the Child and Adult 
Care Food Program and its positive effect on the lives of low income 
children and families. I'd like to thank my friend, Representative 
George Miller, for introducing this legislation--and for his commitment 
to ending childhood hunger in America.
  The Child and Adult Care Food Program plays a vital role in improving 
the quality of day care for children and elderly adults by making care 
more affordable for many low-income families. Through CACFP, 2.9 
million children and 86,000 adults receive nutritious meals and snacks 
each day as part of their day care.
  For many years--I have stressed the importance of a healthy diet for 
America's school children. We now have scientific proof that a direct 
connection exists between a nutritious diet and student achievement in 
the classroom.
  As Chairman of the House Agriculture Subcommittee on nutrition--I 
fought to include important expansions of fresh fruit and vegetable 
programs for our schools in last year's farm bill. This legislation 
works in conjunction with programs like CACFP to create a healthier 
school environment for America's children.
  Congress has expanded CACFP to support children in a variety of new 
settings including at-risk after-school programs and homeless, domestic 
violence and runaway shelters. In addition, CACFP has been made 
available to adult day care centers serving chronically impaired adults 
or people over age 60.
  In today's terrible economic climate--the benefits of the CACFP 
program are having a greater impact than ever before. The program plays 
a vital role in creating and maintaining quality, affordable care for 
preschool and school-age children. I am proud to support this 
resolution--which gives the CACFP program much deserved Congressional 
recognition. I urge my colleagues to support the resolution.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today support of H. 
Res. 442, ``Recognizing the importance of the Child and Adult Care Food 
Program and its positive effect on the lives of low income children and 
families.'' I would also like to thank my distinguished colleague, 
Representative George Miller of California for introducing this 
important legislation. There are too many in our nation that too often 
go hungry. It is important to extend our support to those domestic 
programs that alleviate suffering in our own nation.
  The U.S. Department of Agriculture (USDA) reported that in 2007:
  36.2 million people lived in households considered to be food 
insecure.
  Of these 36.2 million, 23.8 million are adults (10.6 percent of all 
adults) and 12.4 million are children (16.9 percent of all children).
  The number of people in the worst-off households increased to 11.9 
from 10.8 in 2005. This increase in the number of people in the worst-
off category is consistent with other studies and the Census Bureau 
poverty data, which show worsening conditions for the poorest 
Americans.
  Black (22.2 percent) and Hispanic (20.1 percent) households 
experienced food insecurity at far higher rates than the national 
average. -
   The ten states with the highest food insecurity rates in 2007 were 
Mississippi, New Mexico, Texas, Arkansas, Maine, South Carolina, 
Georgia, Kansas, Oklahoma, and Missouri.
  USDA's Child and Adult Care Food Program plays a vital role in 
improving the quality of day care and making it more affordable for 
many low-income families. Each day, 2.9 million children receive 
nutritious meals and snacks through CACFP. The program also provides 
meals and snacks to 86,000 adults who receive care in nonresidential 
adult day care centers. CACFP reaches even further to provide meals to 
children residing in emergency shelters, and snacks and suppers to 
youths participating in eligible after school care programs.
  As a Co-Chair of the Congressional Children's Caucus, the issues that 
plague the children of our nation are important to me. Children are the 
future of our nation, and it is of vital importance that we raise a 
strong, intelligent generation that will be able to lead our country. 
The Child and Adult Food Care Program ensure that families with 
children receive nutritious meals; meals are a staple in a healthy 
prosperous life that are constantly overlooked and mitigated. 
Nutritious food can make life more enjoyable and prolong life. People 
who eat a more balanced, nutrient dense diet are more likely to be 
physically fit, feel better, and have fewer illnesses as well as lower 
risk of heart disease and diabetes. In this age of epidemic obesity, 
eating a well-balanced diet needs to be of utmost importance for the 
American population, particularly the children.
  Children who are well-nourished feel safe and secure, pay attention, 
behave, and stay healthy. Children who participate in the Child and 
Adult Care Food Program eat more fruits, vegetables, milk, and have a 
better overall diet quality. The CACFP will instill good eating habits 
in children from an early age. Additionally, the CACFP sponsors The 
National School Lunch Program (NSLP) which is a federally assisted meal 
program operating in public and nonprofit private schools and 
residential child care institutions. It provides nutritionally 
balanced, low-cost or free lunches to children each school day. The 
program was established under the National School Lunch Act, signed by 
President Harry Truman in 1946.


                                 Texas

  For the second year in a row, the study revealed Texas having the #1 
rate of child hunger at 22.1 percent. Texas is also in the top five 
states with children under five at risk of hunger (23.3 percent). 
Additionally, in Texas, there are 6,644,060 under the age of 18. 
1,470,704 of these children are food insecure. Food insecurity refers 
to the lack of access to enough food to fully meet basic needs at all 
times due to lack of financial resources. There are different levels of 
food insecurity.
  According to the results of the Census Bureau survey, those at 
greatest risk of being hungry or on the edge of hunger (i.e., food 
insecure) live in households that are: headed by a single woman; 
Hispanic or Black; or with incomes below the poverty line. Overall, 
households with children experience food insecurity at almost double 
the rate for households without children. Geographically, food 
insecurity is more common in central city households. The survey data 
also show that households are more likely to be hungry or food insecure 
if they live in states in the Midwest and South.
  H. Res. 442 is essential to recognizing the importance of nutrition 
within our national boundaries. The Child and Adult Care Food Program 
has been cited as one of the most important support for long-term 
success in building strong family child care for low-income families 
and has proved an effective vehicle for supporting family child care 
providers.

[[Page 12690]]

During the recent economic crisis, more people have begun to rely on 
the Child and Adult Food Program to feed their families.
  I firmly believe that H. Res. 442 contributes to and support quality 
child care that provides early education experiences and provides a 
basis for lifetime healthy eating behaviors, and I know that these are 
essential to building a strong foundation for our youth and our nation. 
I urge my colleague to support this bill as well as we come together 
and demonstrate our support for nutrition and the children of our 
nation.
  Mr. TONKO. I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 442.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. TONKO. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                     RECOGNIZING AMERICA'S TEACHERS

  Mr. TONKO. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 374) recognizing the roles and contributions of 
America's teachers to building and enhancing our Nation's civic, 
cultural, and economic well-being.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 374

       Whereas education and knowledge are the foundation of 
     America's current and future strength;
       Whereas teachers and other education staff have earned and 
     deserve the respect of their students and communities for 
     their selfless dedication to community service and the future 
     of our Nation's children;
       Whereas the purpose of ``National Teacher Appreciation 
     Week'', held during May 3, 2009, through May 10, 2009, is to 
     raise public awareness of the unquantifiable contributions of 
     teachers and to promote greater respect and understanding for 
     the teaching profession; and
       Whereas a number of organizations representing educators, 
     such as the National Education Association and the National 
     Parent Teacher Association, are hosting teacher appreciation 
     events in recognition of ``National Teacher Appreciation 
     Week'': Now, therefore, be it
       Resolved, That the House of Representatives thanks and 
     promotes the profession of teaching to encourage students, 
     parents, school administrators, and public officials to 
     participate in teacher appreciation events during National 
     Teacher Appreciation Week.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TONKO. Madam Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Resolution 374 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. Madam Speaker, I yield myself such time as I may consume.
  I rise today to recognize the important role teachers play in the 
edification of our Nation. Madam Speaker, we celebrated National 
Teacher Appreciation Week from May 3 through May 10. The national PTA 
created Teacher Appreciation Week in 1984 to show gratitude to the many 
teachers of our United States. It is a chance for us to thank those 
individuals who have contributed to society in ways that cannot be 
measured. It is a chance for us to recognize the selflessness and 
dedication that teachers continue to show, and it is a chance for us to 
promote greater respect and understanding for the teaching profession.
  Madam Speaker, we know that having good teachers greatly improves the 
outcomes of our Nation's youth. During the last decade, a body of 
evidence has grown to support the notion that teacher quality is an 
important factor in determining student achievement. In fact, research 
tells us that teacher quality accounts for the majority of variance in 
student learnings and test scores. Highly qualified teachers serve as 
excellent role models and instill a love for knowledge and lifelong 
learning in our students.
  We all know that teaching is an important profession that deserves 
our support and respect. Teachers have the important job of shaping 
tomorrow's leaders. Those in the teaching profession work tirelessly 
for little reward, and good teachers constantly reflect on their 
lessons and modify instruction to reach the diverse needs of students 
in their classrooms.
  Quality teachers hone their skills and are experts not only in their 
subject matter but also at connecting with young people and making 
learning come alive. Teaching is a dynamic profession, and educators 
continually attend professional development in order to sharpen their 
skills and increase their own knowledge.
  Unfortunately, research has also shown us that negative effects of 
teacher shortages exist. It is imperative that schools and communities 
support teachers. National Teacher Appreciation Week is an opportunity 
for us to all pause and recognize the selfless dedication of our 
Nation's educators. In a survey of teachers across the country, nearly 
one-half said the best gift they could receive was a simple ``thank 
you.''
  Madam Speaker, once again, I express my support for National Teacher 
Appreciation Week, and I hope this resolution serves as a big ``thank 
you'' to all of the teaching profession. I encourage everyone to take a 
moment and reflect on a motivational teacher that helped you realize 
your potential and reach your dream.
  I want to thank Representative Graves for bringing this resolution to 
the floor, and I urge my colleagues to pass this resolution.
  Madam Speaker, I reserve the balance of my time.
  Mr. GUTHRIE. Madam Speaker, I yield myself such time as I might 
consume.
  Madam Speaker, I rise today in support of House Resolution 374, 
recognizing the roles and contributions of America's teachers in 
building and enhancing our Nation's civic, cultural, and economic well-
being, and supporting National Teacher Appreciation Week.

                              {time}  1500

  Teachers make a lasting impression on America's young people and are 
key to the development of students in the classroom. I bet that almost 
every Member of this Chamber could name at least one teacher that had a 
profound impact on their lives and helped shape the person they are 
today.
  This resolution is important because it provides public recognition 
to those individuals who have dedicated their lives to helping educate 
our youth. National Teacher Appreciation Week, which took place May 3-
10, is an act of gratitude that reminds us how important teachers are 
and the integral role they play in our lives. It is important that we 
recognize teachers for the critical work they do in improving our 
Nation civically, culturally, and economically.
  Well-trained, dedicated, and skilled teachers are vitally important 
to the fabric of our country. This Chamber often discusses the 
importance of ensuring that our high school and college graduates are 
able to compete in the global marketplace. Having top-notch graduates 
who are able to think both creatively and analytically is vital as our 
country competes with other countries like China and India, who are 
also stepping up their efforts to produce high-quality graduates. We 
only get these types of graduates when we have in place a dedicated and 
skilled teacher workforce. Congress has placed an emphasis on these 
attributes which has led to an increased demand for high-quality, 
experienced teachers. In this vein, I am pleased to see the President's 
support of the Teacher Incentive Fund, which rewards principals and 
teachers for the hard work they do.

[[Page 12691]]

  Teachers today devote an extraordinary amount of time to teaching 
young people and also spend a lot of time on professional development, 
their own education, and on class preparation outside the classroom, 
oftentimes for salaries that average about $37,000 a year. The future 
of our Nation's children is dependent on the individuals that make 
these time, energy, and monetary commitments, and they deserve 
recognition for such.
  I stand in support of this resolution, recognizing the roles and 
contributions of America's teachers and recognizing National Teacher 
Appreciation Week, and I thank my colleague, Mr. Graves from Missouri, 
for introducing this resolution.
  I ask for my colleagues' support.
  I reserve the balance of my time.
  Mr. TONKO. Does the gentleman from Kentucky have any further 
speakers?
  Mr. GUTHRIE. Madam Speaker, I do have one other speaker.
  Mr. TONKO. Madam Speaker, I reserve my time.
  Mr. GUTHRIE. Madam Speaker, I yield as much time as he may consume to 
the gentleman from Texas (Mr. Poe).
  Mr. POE of Texas. I thank the gentleman from Kentucky for yielding.
  Madam Speaker, Aristotle once wrote that ``teachers are to be given 
the highest honor because they teach us how to live well,'' and of 
course, that's a correct statement.
  Today, I am proud to rise in support of America's teachers and 
pleased to be a cosponsor of H. Res. 374. This measure recognizes the 
significant roles and contributions that America's teachers have made 
to building and enhancing our country.
  The United States Census Bureau reports that today there are more 
than 6 million schoolteachers throughout the United States, not 
counting all the other types of teachers in this country.
  I come from a long line of teachers. My mother was a schoolteacher. 
My wife's a schoolteacher. My three daughters are trained teachers. Two 
of them teach young kids at the elementary level, God bless them, and 
one of them is a professor at Baylor University. The most influential 
person that taught me in public school was my seventh grade Texas 
history teacher, Ms. Wilson.
  But teaching isn't just a tradition in my family. Teaching has been a 
tradition in this country since its very inception. At our Nation's 
founding, of course, most of the teaching happened at home under the 
instruction of parents. Today, parents have many options when it comes 
to the education of their children. Some are taught in private schools, 
others in public schools. Some are charter schools, and others continue 
to be educated at home.
  Regardless of where the education takes place, teachers play a 
primary role in equipping our youth to be good citizens, to take pride 
in the democratic heritage of our Nation, and to be competitive in the 
marketplace of ideas.
  An American author and historian Henry Adams once said, ``A teacher 
affects eternity. The teacher can never tell where that influence 
stops.''
  Mr. Adams was right. Let's be sure to let the teachers who have 
touched our lives and the lives of our children know how thankful we, 
as a Nation, are.
  Mr. GUTHRIE. Madam Speaker, I yield back our time.
  Mr. TONKO. Madam Speaker, I guess the role of teachers in our lives 
is quite profound. I think we can each think of that teacher or those 
teachers who made that impact on us to perhaps allow us to achieve our 
individual best or create a career path.
  That being said, I was recently with some students from the State of 
Maryland who gathered here at the Capitol to celebrate their thank you 
notes in joint fashion. It's a great recognition nationwide to pay 
tribute to a very sound profession, one that impacts our present and 
our future.
  For those reasons, I suggest strongly that we support the resolution 
before the House, House Resolution 374.
  I yield back my time, Madam Speaker.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 374.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. TONKO. Madam Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________




               SUPPORTING NATIONAL CHILD AWARENESS MONTH

  Mr. TONKO. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 438) expressing support for designation of 
September as ``National Child Awareness Month''.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 438

       Whereas millions of American children and youth represent 
     the hopes and future of our Nation;
       Whereas numerous individuals, children's organizations, and 
     youth-serving organizations that work with children and youth 
     collaborate to provide invaluable services to enrich and 
     better the lives of the young;
       Whereas heightening awareness of and increasing support for 
     organizations that provide access to healthcare, social 
     services, education, the arts, sports, and other services 
     will assist in the development of character and the future 
     success of our Nation's youth;
       Whereas September is a time when parents, families, 
     teachers, school administrators, and communities in general 
     increase their focus on children and youth nationwide as the 
     school year begins;
       Whereas September is a time for the people of the United 
     States as a whole to highlight and be mindful of the needs of 
     children and youth;
       Whereas the House of Representatives unanimously passed H. 
     Res. 1296 in 2008 to support the designation of September as 
     ``National Child Awareness Month'';
       Whereas private corporations and businesses have joined 
     with hundreds of national and local charitable organizations 
     throughout the Nation in support of a month-long focus on 
     children and youth; and
       Whereas designating September 2009 as National Child 
     Awareness Month would recognize that a long-term commitment 
     to children and youth is in the public interest, and will 
     encourage widespread support for the charities and 
     organizations that seek to provide a better future for the 
     children and youth of the United States: Now, therefore, be 
     it
       Resolved, That the House of Representatives supports the 
     designation of a National Child Awareness Month to promote 
     awareness of children's charities and youth-serving 
     organizations across the United States and recognizes their 
     efforts on behalf of children and youth as a critical 
     contribution to the future of our Nation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.


                             General Leave

  Mr. TONKO. Madam Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Resolution 438 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. I yield myself as much time as I may consume.
  Madam Speaker, I rise today in support of House Resolution 438, which 
designates September as National Child Awareness Month.
  Today, thousands of individuals, such as guardians, effective 
teachers, and youth-serving organizations, enhance the lives of young 
people and prepare them for success. They recognize that without the 
appropriate supports, the children of our country cannot grow into 
healthy, educated, self-sufficient adults.
  National Child Awareness Month is an opportunity for this country to 
honor her children's charities and youth-serving organizations across 
the United States that uplift our youth.

[[Page 12692]]

Organizations such as the YMCA, one of the Nation's most prominent 
youth-serving organizations, is an example. It serves almost 9.5 
million children each year. They have implemented over 500,000 programs 
nationwide to strengthen the mind, the body, and the soul of our youth.
  Of course, the YMCA is not alone when it comes to serving our youth. 
The Boys and Girls Clubs, Big Brother Big Sister, the Children's 
Defense Fund, the National Education Association, and many other 
organizations have a long history of providing support for our children 
and youth.
  While we want to designate September as National Child Awareness 
Month, we must also remember that it is a long-term commitment that 
will ensure the advancement of our children. This long-term commitment 
includes the President's education, health care, and environment agenda 
that I look forward to working with my colleagues in the House and 
Senate in making a reality. Our children deserve no less.
  I want to thank Representative Sanchez for bringing this resolution 
forward.
  Madam Speaker, once again, I express my support for House Resolution 
438, and I urge my colleagues to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. GUTHRIE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of House Resolution 438, 
expressing support for designation of September as National Child 
Awareness Month.
  Last year, the House unanimously passed House Resolution 1296 to 
support the designation of September as National Child Awareness Month. 
In 2008, that resolution was sponsored by my colleague, Representative 
Ken Calvert, the lead Republican sponsor of the resolution we are here 
to support today.
  In preparation for each new school year, parents, families, teachers, 
school administrators, and communities focus even more fully on 
children and youth during the month of September. Designating September 
as National Child Awareness Month helps to promote our attentiveness to 
children's charities and youth-serving organizations across the United 
States.
  Private corporations and businesses have joined with hundreds of 
national and local charitable organizations throughout the Nation in 
support of a month-long focus on children and youth.
  Children and youth-serving organizations provide access to health 
care, social services, education, the arts, sports, and other services 
that assist in the development of character and the future success of 
our Nation's youth.
  Children's charities and youth-serving organizations provide 
invaluable services to enrich the lives of the Nation's children on a 
daily basis. Through this resolution, Congress is able to recognize the 
efforts of these organizations on behalf of children and youth as a 
positive investment for the future of our Nation.
  Designating September as National Child Awareness Month acknowledges 
the inherent public interest that a long-term commitment to children 
and youth promotes. I stand in support of this resolution. I ask for my 
colleagues' support in designating September as National Child 
Awareness Month.
  I yield back the balance of my time.
  Mr. TONKO. Madam Speaker, the importance of recognizing the impact we 
can have on our children through programs, through resources, through 
legislation, through budgeted areas that can support their development 
are all reason to support this legislation which brings it to laser 
sharp focus during the month of September where we dedicate a month to 
growing awareness of the needs of our children.
  For those reasons, I strongly support this resolution and encourage 
our colleagues to do likewise.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, as the sponsor of 
H. Res. 438 I rise in support of this bipartisan resolution expressing 
support for recognizing the month of September as National Child 
Awareness Month.
  My colleague from California, Congressman Ken Calvert and I were 
pleased to introduce H. Res. 438 because it will raise awareness of 
children's charities and youth-serving organizations across the United 
States. This resolution recognizes that these organizations' efforts on 
behalf of children and youth are critical contributions to the future 
of our nation.
  As we know, September is traditionally back-to-school month, a time 
when families focus on preparing children for the coming school year. 
In addition to academic preparation, it is also a time when the 
American public should be focused on the physical, social and economic 
well-being of our nation's children.
  It is my hope that H. Res. 438 will encourage more individuals to 
volunteer for or contribute to causes that help our children.
  An enhanced awareness of children's charities and youth-serving 
organizations, made possible by this resolution, will assist these 
organizations' efforts to encourage volunteers to become involved in 
the lives of the most disadvantaged children in our communities across 
the country.
  I am confident that National Child Awareness Month will serve as a 
banner that will unite charitable organizations of diverse missions, 
size, geography and scope to focus on a common goal--improving the 
lives of our nation's youth.
  Many non-profit youth-serving organizations and charities across the 
country have expressed their strong support for the recognition of 
September as National Child Awareness Month.
  I am hopeful that president Obama will share my enthusiasm and issue 
a Presidential Proclamation to designate September as National Child 
Awareness Month. With his support, both public and private programs 
across the nation will be acknowledged for their contributions to 
ensuring our children's well-being.
  In the meantime, I would like to thank my colleagues for their 
unanimous support for the adoption of H. Res. 438--National Child 
Awareness Month as it will serve to bring the nation's focus back to 
the one resource that guarantees our future success--our children.
  Mr. CALVERT. Madam Speaker, I stand in strong support of House 
Resolution 438, a bipartisan resolution which expresses the sense of 
the U.S. House of Representatives that National Child Awareness Month 
should be established in the month of September.
  September is traditionally ``back-to-school'' month, a time when 
families focus on preparing children for the coming school year. 
Recognizing September as National Child Awareness Month will heighten 
the American public's attentiveness to the importance of our children's 
health, education, safety and character development through the ongoing 
efforts of the numerous organizations and individuals who help to 
protect and nurture them. With this resolution we express our support 
for a month-long effort to recognize the importance of children in our 
society as they grown into responsible citizens.
  It is widely recognized that a strong, supportive family unit is the 
most important factor in the well-being of a child. Unfortunately there 
is no guarantee that every child will have a support system to depend 
on. Thankfully there are many organizations that provide for the most 
disadvantaged children in communities across the country. Even children 
with solid support systems benefit from youth-serving organizations 
which enrich their lives through activities such as sports, the arts, 
philanthropy and further education outside of the classroom.
  I would like to extend my sincerest appreciation to the 69 bipartisan 
cosponsors and to the gentlelady from Orange County, the lead sponsor, 
Loretta Sanchez, for her efforts on behalf of this resolution. In 
addition I would like to extend a special thanks to the Education and 
Labor Committee for moving the bill quickly. It is my hope that 
Senators Feinstein and Burr will quickly pass a companion resolution in 
the Senate chamber and that President Obama will by Presidential 
Proclamation, designate September as National Child Awareness Month so 
that the many child-focused programs of the federal government might 
also be highlighted.
  Most importantly, I commend the many local and national youth-serving 
organizations and charities dedicated to the well-being of children 
across the nation and the world.
  Mr. ISSA. Madam Speaker, today I rise in support of H. Res. 438, 
``Expressing support for designation of September as `National Child 
Awareness Month.' '' This bipartisan resolution sponsored by Rep. 
Loretta Sanchez (D-CA-47) and cosponsored by me, would recognize the 
efforts of our community leaders as they participate in growing the 
hopes and dreams of our children; the future of our Nation.

[[Page 12693]]

  September, a month characterized by the return to school, signifies 
the start of the new school year. All around the country, corporations 
and businesses gear-up to highlight our youth and support children's 
charities and youth serving organizations. Declaring September as 
National Child Awareness Month will provide an excellent collaborative 
platform for these charitable groups to bring national attention to 
issues of vital concern to our children such as education, health, 
social services, sports, arts, and character development.
  H. Res. 438 would recognize these efforts as a positive investment 
for the future of our Nation. National Child Awareness Month is 
supported by many regional and national youth organizations among which 
are the Make-A-Wish Foundation and Big Brothers Big Sisters program.
  Madam Speaker, I applaud my colleagues in recognizing the efforts 
those children's charities and youth serving organizations have put 
forth and also honor children for their widespread participation in 
these groups.
  Mr. TONKO. I yield back my time, Madam Speaker.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 438.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




               FRAUD ENFORCEMENT AND RECOVERY ACT OF 2009

  Mr. SCOTT of Virginia. Madam Speaker, I move to suspend the rules and 
concur in the Senate amendment to the House amendments to the Senate 
bill (S. 386) to improve enforcement of mortgage fraud, securities 
fraud, financial institution fraud, and other frauds related to federal 
assistance and relief programs, for the recovery of funds lost to these 
frauds, and for other purposes.
  The Clerk read the title of the Senate bill.
  The text of the Senate amendment to the House amendments is as 
follows:

       Senate amendment to House amendments:
       On page 31, line 13, after ``the Commission'' insert: ``, 
     including an affirmative vote of at least one member 
     appointed under subparagraph (C) or (D) of subsection 
     (b)(1)''
       Resolved further, That the Senate agree to the amendment of 
     the House of Representatives to the title of the aforesaid 
     bill.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Poe) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that 
all Members have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. I yield myself such time as I may consume.
  Madam Speaker, the bill, S. 386, the Fraud Enforcement and Recovery 
Act of 2009, is a bill crafted to combat the financial fraud that 
contributed to causing, and worsening, our Nation's mortgage crisis, as 
well as other financial schemes such as securities fraud, ID theft, and 
organized retail theft. Not only does the bill clarify certain Criminal 
Code sections, but more importantly, it provides resources to law 
enforcement agencies to enforce present antifraud statutes.
  This is essentially the same bill the House passed 2 weeks ago, with 
a minor amendment that the Senate added before it approved the House-
amended bill last week, by unanimous consent.
  It also keeps the independent bipartisan commission proposed by the 
gentleman from Connecticut (Mr. Larson) to examine more broadly the 
circumstances giving rise to the current financial crisis.
  The Senate has clarified the subpoena power of the commission to 
specify that at least one Republican-appointed commissioner must 
approve the issuance of any subpoena.
  I would like to thank, once again, the chairman of the full Judiciary 
Committee, the gentleman from Michigan (Mr. Conyers); the ranking 
member of the full committee, the gentleman from Texas (Mr. Smith); the 
ranking member of the Crime Subcommittee, Mr. Gohmert; and other 
Members of the committee, such as the gentleman from Texas (Mr. Poe) as 
well as the gentlelady from Illinois (Mrs. Biggert), and our colleagues 
in the other body for their help in making this such a strong 
bipartisan bill.
  I urge my colleagues to support the bill and to send it to the 
President.
  I reserve the balance of my time.
  Mr. POE of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, S. 386, the Fraud Enforcement and Recovery Act of 2009 
improves current criminal and civil fraud statutes to help the Federal 
Government bring predatory lenders and unscrupulous financial 
institutions to justice.
  Judiciary Chairman Conyers and Ranking Member Smith sponsored the 
companion legislation in the House, H.R. 1748, the Fight Fraud Act of 
2009. S. 386, as amended, merges these two important pieces of 
legislation together to provide comprehensive and effective solutions 
to combating mortgage fraud, securities fraud, and other financial 
crimes.
  The House passed this legislation in early May with overwhelming 
bipartisan support.

                              {time}  1515

  The Senate has returned the bill to us with one important change. 
Section 5 of the bill creates a Financial Crisis Inquiry Commission 
within the legislative branch. This commission is charged with 
examining the causes, both domestic and global, of the current 
financial and economic crisis in the United States and reporting its 
findings to Congress.
  The bill grants the commission the authority to issue subpoenas, as 
necessary, to conduct its investigation and meet its obligation to 
Congress. A subpoena may be issued only by the agreement of the 
chairperson and vice chairperson or by approval from a majority of the 
commission's members.
  The Senate amendment clarifies that a majority vote must include the 
vote of at least one Member appointed by either the minority leader of 
the House or the minority leader of the Senate.
  This provides additional assurance that the examination undertaken by 
the commission, and in its exercise of subpoena authority, will not be 
politicized. I urge my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. SCOTT of Virginia. I reserve the balance of my time.
  Mr. POE of Texas. I yield 3 minutes to the gentleman from Texas (Mr. 
Burgess.)
  Mr. BURGESS. I thank the gentleman for yielding. My concern today 
involves just that creation of a financial commission. I spoke on this 
when the bill passed this House earlier this month.
  Madam Speaker, I'm generally not in favor of commissions. I think 
Congress needs to do the work that the people sent us here to do. But 
if we have to create a commission then, please, let us create that 
commission so it is above reproach, so that it does not appear to have 
a political agenda.
  The 9/11 Commission really should be the model that this body uses 
for the creation of this financial commission. After all, the events we 
saw in September of 2008 have been very devastating to this country, 
even as the events of September 2001 were devastating to this country.
  We have not looked back into the causes of this crisis. We have not 
held anyone accountable. Most importantly, since we don't know what 
went wrong, we don't know how to keep it from happening again.
  Congressman Brady from Texas and myself introduced a bill earlier 
this year for just such a commission, H.R. 2111, but it differs 
substantially from the bill under consideration today. The bill we are 
considering again creates a 10-member commission, but composed of 6 
Democrats and 4 Republicans.

[[Page 12694]]

  The 9/11 Commission was split 50-50. So why would we unbalance this 
commission and, quite frankly, if there's guilt on one side, there's 
guilt on the other. And why would we tip the scale in one direction or 
the other?
  S. 386 allows the chairman of the Senate Banking Committee to select 
a commissioner. The chairman of the Senate Banking Committee may have 
been part of the problem.
  This bill allows the chairman of the House Financial Services 
Committee to appoint a representative to the commission. The chairman 
of the House Financial Services Committee may have been part of the 
problem.
  S. 386 creates an accountability commission focused on protecting not 
the people, but the government. H.R. 2111, however, creates an 
accountability commission focused on protecting taxpayers and restoring 
public confidence, something that is missing at this critical juncture.
  This commission that we are authorizing today is little more than a 
fig leaf to provide some measure of congressional cover. And, Madam 
Speaker, when do we get the report? December of 2010. Conveniently 
timed a month after the next election. If we are so serious about doing 
this, what is to prevent us from wrapping this work up within a year's 
time, or September of 2010 at the latest, so that the American people 
would have this information before they go to the polls next fall?
  Now, I just want to close by quoting a few lines from Investors 
Business Daily, an article entitled: ``Probe Yourselves, from April 16, 
2009.'' The article says: ``Regulators also deserve blame for lowering 
lending standards that then contributed to riskier home ownership and 
the housing bubble.'' Exactly correct.
  Continuing to quote: ``As such, the proposed commission will be 
little more than a fig leaf to cover Congress' own multitude of sins.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. POE of Texas. I yield the gentleman 1 additional minute.
  Mr. BURGESS. I thank the gentleman. ``Letting Members, the true 
creators of this financial mess, to bash business leaders as they pose 
as populist saviors of Main Street from Wall Street.''
  Continuing to quote: ``On NPR Thursday,'' back in April, ``a reporter 
confronted Representative Frank, the chairman of the Financial Services 
Committee, with the fact that his $300 billion Hope for Homeowners 
program passed with much fanfare a year ago that has so far helped one 
homeowner.'' One. One homeowner. And the response was: ``It was the 
fault of the right. And Bush.''
  Quoting again: ``Truth is, the chairman's party has been in charge 
since 2006. And during that time, Democrats have presided over one of 
the most disgraceful and least accomplished Congresses in history. This 
financial mess began on their watch, yet they pretend otherwise.''
  Further quoting from the Investors Business Daily, the commission 
that is outlined ``won't get to the bottom of our financial crisis; it 
will carefully select scapegoats to be ritually shamed by the liberal 
media, stripped of their wealth, and exiled. Then new rules will be 
imposed that will no doubt make things worse. And the cycle will begin 
again.''
  The SPEAKER pro tempore. The time of the gentleman has again expired.
  Mr. POE of Texas. I yield the gentleman an additional 2 minutes.
  Mr. BURGESS. Madam Speaker, quoting again: ``Wall Street didn't 
create this subprime mess. Congress, through repeated interventions in 
healthy markets, did. And when the whole thing failed, it was Congress' 
fault.''
  Investors Business Daily concludes by saying: ``We'd be happy to 
support a 9/11-style commission to look into the causes of the 
financial meltdown. But only if Congress agrees to put itself under the 
microscope. Anything less would be a sham.''
  Madam Speaker, they're exactly correct. It will be a sham. The 
American people will see through this. We should do this correctly. If 
we're going to have a commission, it should be a 50-50 bipartisan 
split.
  Let's investigate. Let's figure out what went wrong. Most 
importantly, rather than just assigning blame, let us create an 
environment where this never is able to happen again.
  Mr. POE of Texas. I yield back the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, the bill as it's before us 
passed the Senate by unanimous consent. I urge my colleagues to concur 
in the Senate amendment, thereby passing the bill so it can go to the 
President so that resources can be made available to law enforcement 
and those who are guilty of fraudulent schemes can be held accountable. 
I would urge us to pass the bill.
  Mr. DINGELL. Madam Speaker, I rise today in support of S. 386, the 
Fraud Enforcement and Recovery Act. This legislation provides the 
Department of Justice with the tools it needs to fight fraud in the use 
of funds under TARP and the American Recovery and Reinvestment Act. S. 
386 has a number of provisions that seek to protect Americans by 
ensuring the agencies tasked with investigating and prosecuting 
mortgage and financial fraud have the funding and personnel they need 
to do so. I am also pleased the House recognizes the need for increased 
accountability for mortgage lending businesses not directly regulated 
or insured by the Federal Government, an industry responsible for 
nearly half the residential mortgage market before the housing crash.
  I am more hesitant to support other provisions of S. 386. This bill 
includes an amendment to establish a special commission to investigate 
the causes of the current financial crisis. I believe that any such 
commission should be comprised of members of this body, who are 
furthermore from the committees of jurisdiction relevant to the matter. 
I have introduced a resolution, H. Res. 345, to do precisely that. It 
is my long-held belief that the Congress should, contrary to the 
prevailing fashion of the times, conduct, its own oversight work. For 
the simple fact that members of this body will ultimately write the 
legislation to re-impose a strict regulatory framework upon the 
financial services industry, they should be personally involved in 
vigorous efforts to expose the many and sundry causes of this country's 
recent economic collapse. In brief, well-informed members of Congress 
write more effective legislation.
  With this in mind, I voice my support for aggressive oversight of the 
financial services industry, but respectfully object to the manner in 
which S. 386, as amended, mandates it be performed.
  Mr. BERMAN. Madam Speaker, I rise today in support of the Fraud 
Enforcement & Recovery Act of 2009. I want to specifically address the 
language in this bill that will strengthen the provisions of our 
Nation's most effective fraud-fighting tool, the federal False Claims 
Act. With our Nation spending hundreds of billions of dollars to 
revitalize our faltering economy, now is the time to plug the loopholes 
that have been created in the False Claims Act over the last quarter 
century. Now is the time to update this law to ensure that it reaches 
the modern fraud schemes that are draining our public fisc with 
impunity. As one of the authors of both the 1986 False Claims Act 
Amendments and the relevant language in S. 386 which we consider today, 
I submit this statement to clarify the true intent of the False Claims 
Act and to send a clear message that all government funds should be 
protected from fraud.


                   I. HISTORY OF THE FALSE CLAIMS ACT

  Before I get into the provisions of the bill we are considering 
today, Madam Speaker, I'd like to provide some background on the False 
Claims Act, how it came to be and how it has been amended in the past.
  Congress enacted the False Claims Act in 1863, in response to 
complaints about ``the frauds and corruptions practiced in obtaining 
pay from the Government during the [Civil] War.'' Proposed by President 
Lincoln, the legislation offered private citizens a reward if they 
assisted the Government in combating fraud. The sponsor of the original 
False Claims Act explained that the statute, ``offers, in short, a 
reward to the informer who comes into court and betrays his 
coconspirator, if he be such; but it is not confined to that class.''
  The 1863 Act authorized private individuals, called ``qui tam 
relators,'' to bring lawsuits on behalf of the United States to 
prosecute fraud against the Government and to recover funds that were 
wrongfully obtained. The Act provided for double damages and a $2,000 
civil penalty per false claim, and private individuals who successfully 
pursued claims under the Act were entitled to half of the Government's 
recovery. The Act did not authorize the Government to intervene in the 
private individual's

[[Page 12695]]

case, nor did it preclude qui tam actions based upon the source of the 
relator's information.
  Nearly eighty years later, in the midst of World War II, Attorney 
General Francis Biddle requested that Congress make changes to the 
False Claims Act that would prevent parasitic lawsuits. Biddle was 
concerned that qui tam complaints were being filed based solely on 
information contained in criminal indictments. Biddle argued that such 
cases contributed nothing new and could interfere with the Government's 
criminal prosecutions. So, he urged Congress to repeal the 
authorization for qui tam actions.
  The Senate and House of Representatives each considered Attorney 
General Biddle's request, and the House went so far as to pass a bill, 
H.R. 1203, proposing repeal of the False Claims Act's qui tam 
provisions. The Senate demurred. The House Judiciary Committee then 
considered legislation providing that jurisdiction would be barred on 
qui tam suits that were based on information in the possession of the 
Government, unless the relator was an original source of that 
information. Without explanation, the resulting conference report 
dropped the reference to ``original sources.''
  The 1943 amendments changed the False Claims Act in several ways. 
Most significantly, these amendments authorized the Department of 
Justice to take over cases initiated by relators. The 1943 amendments 
required relators to submit all of their supporting evidence to the 
Department of Justice at the time the relator filed his complaint and 
gave the Department sixty days to decide whether or not to intervene 
and take exclusive control of the suit. If the Government elected to 
intervene, the relator would have no role in the case and no voice in 
its resolution.
  The 1943 amendments also included a ``government knowledge bar,'' 
which deprived courts of jurisdiction over qui tam actions that were 
``based upon evidence or information in the possession of the United 
States, or any agency, officer or employee thereof, at the time such 
suit was brought.'' The 1943 amendments also significantly reduced the 
amount of the relator's share of any recovery. In fact, under the 1943 
amendments, relators were not assured of a minimum recovery at all. The 
amendments provided that if the Government prosecuted the suit, the 
court could award the informer ``fair and reasonable compensation'' not 
to exceed 10-percent of the proceeds. If the Government did not 
intervene, the informer's award could not exceed 25-percent of the 
proceeds.
  These changes put the False Claims Act into hibernation. By the 
1980s, it had become evident that the False Claims Act was no longer an 
effective tool against fraud. In particular, some courts, for example 
in United States ex rel. State of Wis. (Dept. of Health and Social 
Services) v. Dean, 729 F.2d 1100 (7th Cir. 1984), had broadly 
interpreted the government knowledge bar adopted in 1943, holding that 
the bar precluded all qui tam cases involving information already known 
to the Government, even when the qui tam relator had been the source of 
that information.
  Additionally, the changes to the amount of the relator's share 
undermined the Act's usefulness. Individuals with information about 
fraud against the Government were far less likely to become relators 
without some guarantee that they would be rewarded if they prevailed, 
particularly since relators often exposed fraud by their employers and 
were terminated from their jobs as a result. The 1943 amendments did 
not provide relators with an adequate incentive to bring qui tam 
actions. Consequently, from 1943 to 1986, fewer than ten False Claims 
Act cases were brought each year.
  As a result of the problems that arose following the 1943 amendments, 
by the 1980s, fraud against the Government had grown to unprecedented 
levels. A 1981 three-volume General Accounting Office report, Fraud in 
Government Programs:--How Extensive is It?--How Can it Be Controlled, 
concluded that fraud against the Government was ``widespread.'' The 
report also noted that false or fraudulent claims against the 
Government result both in monetary losses and a broad spectrum of non-
monetary losses. These include, for example, loss of confidence in 
Government programs, Government benefits not going to intended 
recipients, and harm to public health and safety. During this same 
period, several legal scholars began discussing the merits of increased 
use of the False Claims Act to address fraud against the Government.
  In response to these concerns, Senators Charles Grassley, Carl Levin, 
and Dennis DeConcini introduced S. 1562 in 1985. The Committee on 
Administrative Practice and Procedure of the Senate Committee on the 
Judiciary held hearings on S. 1562 and S. 1673, a similar bill 
supported by the Reagan Administration. The House of Representatives 
took up a similar bill, H.R. 3317, and the Subcommittee on 
Administrative Law and Governmental Relations of the House Committee on 
the Judiciary held hearings on that measure.
  Both Committees heard from a range of witnesses, including 
whistleblowers and the Department of Justice. The Senate Committee 
heard testimony that ``45 of the 100 largest defense contractors--
including 9 of the top 10--were under investigation for multiple fraud 
offenses.'' In addition, the Committee learned that, due to limited 
Government resources, ``[a]llegations that perhaps could develop into 
very significant cases are often left unaddressed at the outset due to 
a judgment that devoting scarce resources to a questionable case may 
not be efficient. And with current budgetary constraints, it is 
unlikely that the Government's corps of individuals assigned to anti-
fraud enforcement will substantially increase.'' The Senate and House 
bills sought to address this resource problem by constructing 
legislation which would empower private citizens with knowledge of 
fraud or false claims to come forward and bring the resources of 
private counsel to bear on Government investigations under the Act.
  In response to the problems Congress identified, as well as concerns 
raised by the Department of Justice and potential defendants, Congress 
adopted the False Claims Amendments Act of 1986. President Reagan 
signed the bill into law on November 23, 1986. The 1986 amendments made 
a number of changes to the False Claims Act. Although the amendments 
did not include a provision for recovering consequential damages, they 
increased the penalty provision, which had been unchanged for more than 
100 years, from double damages to treble damages. In order to limit 
interference with Government investigations, the amendments provided 
that qui tam actions be filed under seal for sixty days and served on 
the United States, but not the defendant, to provide the Government 
time to determine whether to take over the action. However, while the 
amendments limited the seal period to sixty days, they permitted the 
Government the opportunity to request and receive an extension for good 
cause. The amendments also provided the Government, for the first time, 
the option of intervening later in a case, even if it had initially 
declined to join, if it had ``good cause'' to do so. Furthermore, the 
legislation provided that a qui tam relator would remain a fully 
participating party even if the Government joined the case, but 
provided that a court could, under specified circumstances, restrict 
the relator's role.
  Additionally, in order to incentivize individuals to report false 
claims and fraud, Congress eliminated the uncertainty of purely 
discretionary rewards. Rather, since 1986, rewards to qui tam relators 
have been based on the relator's contributions. In most cases, relators 
would be guaranteed at least a 15-percent share of the Government's 
recovery. The 1986 amendments also eliminated a potent disincentive for 
relators, by creating a new right of action for any employee who is 
retaliated against for lawful acts in furtherance of False Claims Act 
proceedings. Under the 1986 amendments, employees who suffered 
retaliation would be entitled to all relief necessary to make them 
whole, including double back pay and attorneys' fees. The 1986 
amendments also sought to replace the government knowledge bar with a 
``public disclosure bar'' that would only bar truly parasitic relators 
whose complaints were ``based upon allegations or transactions in a . . 
. [Government proceeding] or investigation, or from the news media,'' 
and were not an ``original source'' as defined under the Act. Congress 
also authorized the award of attorneys' fees to a defendant prevailing 
in a suit that ``the court finds . . . was clearly frivolous, clearly 
vexatious, or brought primarily for purposes of harassment.''


                    II. THE CURRENT FALSE CLAIMS ACT

  Currently, the False Claims Act permits the Government to recover 
treble damages from those who knowingly present, or cause to be 
presented, false claims to a United States Government officer, employee 
or member of the Armed Forces; or who knowingly make, or cause to be 
made, false statements to get such claims paid by the United States. 
The Act also applies to those who make false statements to conceal, 
avoid, or decrease an obligation to pay or transmit money or property 
to the Government. It also covers certain conspiracies to violate the 
Act. In addition to damages, the courts are required to award the 
Government a civil penalty of $5,500 to $11,000 for each violation of 
the Act. The Government is entitled to recover such forfeitures upon 
any showing that a defendant violated the False Claims Act, without 
needing to prove that the violation resulted in damages in the case at 
hand. Thus, a defendant may be held liable for these penalties under 
the False

[[Page 12696]]

Claims Act whether or not payment was made on the tainted claim.
  The Act defines several statutory terms. The term ``person'' is 
broadly defined in the law's civil investigative demand provision to 
include partnerships, associations, and corporations, as well as States 
and political subdivisions thereof. The statutory definition of 
``claim'' is also intended to be read broadly and, indeed, is not an 
exclusive list. The definition applies to any request or demand for 
Government money or property, regardless of whether it is submitted to 
the Government or to another entity, such as a Government contractor, 
agency, instrumentality, quasi-governmental corporation, or a non-
appropriated fund. In defining the word ``claim'' so broadly, Congress 
intended in 1986 to make sure that the FCA would impose liability even 
if the claims or false statements were made to a party other than the 
Government, if the payment thereon could potentially result in a loss 
to the Government or cause the Government to wrongfully pay out money. 
For example, because any fraud that reduces the effectiveness of 
programs and initiatives the Government has sought to advance also 
undermines the Government's purpose in supplying funding support, 
Congress intended for a false claim to the recipient of a grant from 
the United States or to a State under a program financed in part by the 
United States, to be considered a false claim to the United States.
  In sum, Congress intended the False Claims Act to protect all 
Government funds and property, without qualification or limitation. 
However, over the years, some courts have incorrectly grafted 
limitations to the reach of the Act, leaving billions of dollars 
vulnerable to fraud. Most recently, in June 2008, the Supreme Court 
ruled in the Allison Engine decision that, absent the ``Government 
itself'' inking the check or approving a false claim, the Act does not 
impose liability for false claims on Government funds disbursed for a 
Government purpose by a Government contractor or other recipient of 
Government funds, even if such fraud damages the Government or its 
programs. Because so many inherently governmental functions are carried 
out by government contractors these days, including contracting and 
program management functions, this ruling severely limits the reach of 
the law. The primary impetus for the current corrective legislation is 
to reverse these unacceptable limitations and restore the False Claims 
Act to its original status as the protector of all Government funds or 
property. While we cannot possibly predict the breadth of fraudulent 
schemes that can be used to target the public fisc, I take this 
opportunity to stress that, when done knowingly, the following conduct 
clearly violates the False Claims Act:
  Charging the Government for more than was provided.
  Seeking payment pursuant to a program for which the claimant was not 
eligible.
  Demanding payment for goods or services that do not conform to 
contractual or regulatory requirements.
  Fraudulently withholding property from the Government or attempting 
to pay the Government less than is owed in connection with any goods, 
services, concession, or other benefits provided by the Government.
  Fraudulently seeking to obtain a Government contract.
  Submitting a fraudulent application for a grant of Government funds.
  Submitting a false application for a Government loan.
  Requesting payment for goods or services that are defective or of 
lesser quality than those for which the Government contracted.
  Making false statements for a loan guaranteed by the Government that 
later defaults.
  Requesting Government services to which one is not entitled.
  Submitting a claim that falsely certifies that the defendant has 
complied with a law, contract term, or regulation.
  Submitting a claim by a person who has violated a statute or 
regulation, the violation of which is capable of influencing the 
payment decision.
  Submitting a false application in a multi-staged grant application 
process, where the second stage of the application would not have been 
granted had the applicant been truthful in the first stage.
  Submitting a claim for payment even though the defendant was 
violating the Government-funded program's conditions of participation 
or payment.
  Submitting a claim that seeks payment for an estimate or opinion that 
the defendant knows to be false.
  Submitting claims based on an interpretation of a regulation or 
contract that the defendant knows has been rejected by the Government.
  Fraudulently cashing a Government check or knowingly keeping 
Government funds that were initially wrongfully or mistakenly obtained.
  The False Claim Act does not specify a particular method for 
assessing damages. Courts, however, should liberally measure damages to 
effectuate the remedial purpose of the Act, which is to afford the 
Government a full and complete recovery. The Government has finite 
resource. So when a fraudfeasor wrongfully obtains or retains 
Government owned or administered funds, it prevents the Government from 
achieving the full purposes and benefits intended to result from its 
spending or from utilizing funds wasted as a result of fraud or abuse 
for other purposes. Indeed, when a defendant obtains a Government 
contract under false pretenses or wrongfully qualifies for a 
Government-funded program, it has no right to receive payment for the 
services it provides. In such a case, the Government should be awarded 
damages of the entire amount paid by the Government. Finally, it has 
long been the law that where the Government received legitimate value 
from the defendant's work, any offset occurs after, rather than before, 
trebling. This assures, for example, that defendants who know they are 
not eligible to participate in a Government program or contract cannot 
substantially evade and defeat the purposes of eligibility requirements 
by contending that the services or products they provided under false 
pretenses have similar market value to services or products that 
otherwise would have been provided by persons whom the Government 
intended to be eligible.
  When a court calculates civil penalties under the False Claims Act, 
it should consider each separate bill, voucher or other demand, 
concealment of payment, or other prohibited act as a separate violation 
for which a civil penalty should be imposed. This is true although many 
such claims may be submitted at one time. For example, a doctor who 
completes separate Medicare claims for each patient treated will be 
liable for a civil penalty for each such claim, even though several 
paper claims forms or electronic requests for payment may be submitted 
to a Medicare contractor at one time. Likewise, each claim for payment 
submitted under a contract, loan guarantee, or other agreement which 
was originally obtained by means of false statements or other corrupt 
or fraudulent conduct, or in violation of any statute or applicable 
regulation, constitutes a false claim. For example, claims submitted 
under a contract obtained through collusive bidding are false and 
actionable under the Act, as are all Medicare claims submitted by or on 
behalf of a physician who knows he or she is ineligible to participate 
in the program.


            III. PURPOSE OF THE FALSE CLAIMS ACT AMENDMENTS

  Since its inception, the central purpose of the False Claims Act has 
been to enlist private citizens in combating fraud against the U.S. 
Treasury. Specifically, the Act's qui tam provisions were crafted to 
provide a clear procedural roadmap, so as to assist and encourage 
private citizens to not only report fraudulent schemes, but to actively 
participate in investigating and prosecuting those who steal from the 
public fisc. However, over the course of the Act's history, courts have 
embraced a number of conflicting interpretations that have removed 
protection for billions of federal dollars and discouraged qui tam 
relators from filing suits under the Act.
  The False Claims Act amendments included in S. 386, the Fraud & 
Enforcement & Recovery Act of 2009, remove some of the confusion that 
is currently undermining the Act's ability to fully reach those who 
target the American tax dollar. S. 386 clarifies a number of key 
provisions and reaffirms that the False Claims Act is intended to 
protect all Government funds, without qualification or limitation, from 
the predation of those who would avail themselves of taxpayer money 
without the right to do so. This legislation is the first step in 
correcting the erosion of the effectiveness of the False Claims Act 
that has resulted from court decisions contrary to the intent of 
Congress. This mounting confusion occurs at a time when the country can 
least afford weakened antifraud legislation. Particularly now, at a 
time of dramatically-increased reliance on private contractors to 
perform what have traditionally been viewed as governmental functions, 
clarity of purpose and effect must be the hallmarks of the False Claims 
Act.
  The False Claims Act also needs to be amended to bolster protections 
for qui tam plaintiffs, the individuals who bring fraud on government 
programs to the attention of the federal government and file FCA suits 
on behalf of the United States. Qui tam relators have been able to 
uncover vast amounts of fraud, and their efforts have resulted in the 
return of billions to the Treasury. In Fiscal Year 1986, the year prior 
to Congress revitalizing the False Claims Act qui tam provisions, the 
Department of Justice recovered just $54 million under the Act. Since 
then, there has been

[[Page 12697]]

a steady increase in recoveries, culminating in settlements and 
judgments of more than $5 billion in the past two years. This success 
has been due, in large part, to qui tam relators who ferreted out and 
prosecuted False Claims Act violations. Indeed, of the $21.6 billion 
recovered under the False Claims Act from 1986 to 2008, $13.7 billion 
was the result of qui tam actions. However, with estimates of fraud and 
abuse losses remaining in the range of 10% of disbursements to 
contractors, much remains to be done.
  In February 27, 2008, testimony before the Senate Committee on the 
Judiciary, Michael F. Hertz, Deputy Assistant Attorney General, Civil 
Division of the U.S. Department of Justice, whose long career as the 
Government's chief False Claims Act prosecutor predates the 1986 
amendments, noted the critical role played by qui tam plaintiffs:

       [T]he 1986 qui tam amendments to the Act that strengthened 
     whistleblower provisions have allowed us to recover losses to 
     the federal fisc that we might not have otherwise been able 
     to identify.

  Recent testimony heard by the House Committee on the Judiciary 
underscores the critical role qui tam relators play in uncovering and 
prosecuting violations of the False Claims Act. The Subcommittee on 
Courts, the Internet and Intellectual Property and the Subcommittee on 
Commercial and Administrative Law held a joint legislative hearing on 
June 19, 2008, on H.R. 4854, the False Claims Act Corrections Act of 
2007, a bill I sponsored with Mr. Sensenbrenner to address many of the 
same problems that are addressed in S. 386, as amended by the House of 
Representatives. At that hearing, the Subcommittees heard testimony 
from Shelley R. Slade, a Washington, D.C. attorney who represents qui 
tam plaintiffs and serves on the Board of Directors of Taxpayers 
Against Fraud, a national nonprofit public interest organization 
dedicated to fighting fraud against the federal and state governments. 
Ms. Slade, who also handled FCA cases and related matters for the U.S. 
Department of Justice for ten years, testified that:

       Qui tam plaintiffs are key to the Government's efforts to 
     fight fraud, mainly for two reasons. First, as inside 
     witnesses, they produce evidence that can be absolutely 
     critical to establishing liability. Fraudulent activity by 
     its very nature is concealed. . . . Without the help of 
     insiders who brought the Government documents and other hard 
     evidence of the fraud, it would have been extremely difficult 
     for the Government to develop sufficient evidence to 
     establish liability in many of the successful FCA cases. 
     Second, it is the relentless, zealous pursuit of qui tam 
     litigation by qui tam plaintiffs and their counsel that has 
     led to many of the largest FCA cases in the last eighteen 
     years. A close study of the largest recoveries will reveal 
     that, in many instances, the qui tam plaintiff spent years 
     either trying to persuade the Government of the merits of the 
     case before finally achieving an intervention decision, or 
     litigating the case following a Government declination.

  Over the course of the last twenty years, it has become increasingly 
evident that fraud permeates a very wide range of Government programs, 
ranging from welfare and food stamps benefits to multi-billion dollar 
defense procurements; from crop subsidies to disaster relief programs; 
and from Government-backed loan programs to health care and homeland 
security.
  While fraud is not limited to any one Government agency, fraud in the 
health care arena has been particularly pernicious, covering nearly 
every facet of this industry from hospitals and laboratory work to drug 
companies, durable medical equipment makers, nursing homes, and renal 
care facilities. In the health care arena, recovery in the top twenty 
hospital fraud cases settled under the False Claims Act totaled more 
than $3.4 billion. The largest twenty settlements against 
pharmaceutical companies exceed, in total, $4.6 billion.
  While qui tam relators have long increased the efficiency of the 
Federal Government in identifying fraud and false claims and 
understanding the mechanics and scope of particular schemes, the role 
of relators has been particularly important in the health care arena 
where the complexity of frauds might otherwise thwart a Government 
investigation.
  Of the 6,199 qui tam False Claims Act cases filed between 1986 and 
2008, more than half (3,306) focused on fraud against Government health 
care programs, such as Medicare and Medicaid. These cases were 
responsible for recovering $10.1 billion, or more than 74-percent of 
the total $13.7 billion recovered in qui tam cases. Along with fraud 
against the health care programs, fraud against the Department of 
Defense still appears to be pervasive, with about 12-percent of 
recoveries, or $1.7 billion, recovered due to qui tam actions involving 
DoD contracts. The cost of fraud cannot be measured only in dollars and 
cents. GAO pointed out in its 1981 report, fraud erodes public 
confidence in the Government's ability to efficiently and effectively 
manage its programs. General Accounting Office, Fraud in Government 
Programs: How Extensive is It?--How Can it Be Controlled? (1981).
  Thus, fraud continues to drain funds from the public fisc, and the 
Government is increasingly relying on relators to uncover these 
fraudulent schemes. However, there are mounting legal divisions and 
uncertainties among the circuit courts that are jeopardizing Government 
funds and discouraging potential qui tam relators from filing actions. 
The bill on the floor today, S. 386, is a critical first step needed to 
remove the confusion and to ensure that qui tam actions continue to 
assist the Government in protecting its limited resources.
  The False Claims Act amendments in S. 386 clarify the reach of the 
Act's liability provisions, strengthen anti-retaliation protections, 
and remove impediments to the Government's investigative powers under 
the Act. Other corrections and clarifications that are needed to the 
False Claims Act have not been included in S. 386 due to the particular 
overall purpose of S. 386. Those additional False Claims Act 
corrections and clarifications should be taken up in separate 
legislation. However, I rise today to clarify the intent behind the 
False Claims Act amendments that are included in S. 386.


                 A. Section 4(a): Liability Provisions

  In Section 4(a), the legislation updates the liability provisions of 
Section 3729(a) of the False Claims Act to address misreadings of the 
Act by the courts, to remove ambiguities created by inconsistency of 
language in the present provisions, and to clarify how the Act should 
be applied when the Government implements its programs with the help of 
contractors and intermediaries or administers funds on behalf of 
beneficiaries such as another government or a Tribal authority. 
Existing provisions of Section 3729(a) are also renumbered. I want to 
go through each of the issues addressed.

          1. Fraud Against Government Contractors and Grantees

  In United States ex rel, Totten v. Bombardier Corp., 380 F. 3d 488 
(D.C. Cir. 2005), the D.C. Court of Appeals ruled that, notwithstanding 
the FCA's broad definition of the term ``claim,'' liability will not 
lie under subsection (a)(1) of 31 U.S.C. Sec. 3729, which imposes 
liability for knowing false claims, unless the false claims are 
presented directly to the United States Government itself. According to 
the D.C. Court of Appeals, when third parties disburse federal funds in 
furtherance of federal contracts, they are not the same as the ``U.S. 
Government'' for purposes of this liability provision. Following that 
decision, a number of courts held that the False Claims Act does not 
reach false claims that are (i) presented to Government grantees or 
contractors and (ii) paid with Government grant or contract funds. In 
Allison Engine Co. v. United States ex rel. Sanders, 128 S.Ct. 2123 
(2008), the U.S. Supreme Court similarly ruled that liability will not 
lie under subsection (a)(2) of 31 U.S.C. Section 3729, which imposes 
liability for knowing false statements, unless the false statements are 
made to get false claims paid by the United States Government itself. 
Moreover, the Supreme Court held that plaintiffs must show that the 
fraudfeasor ``intended'' for its false statements to cause the 
``Government itself' to ``rely'' on the false statements as a 
``condition of payment.''
  With the Government increasingly relying on private entities to 
disburse Government funds, it is a rare instance in which the 
``Government itself' would be paying the claims. The implications are 
considerable. The amendments clarify that liability under Section 
3729(a) attaches whenever a person knowingly makes a false claim to 
obtain money or property, any part of which is provided by the 
Government without regard to whether the wrongdoer deals directly with 
the Federal Government; with an agent acting on the Government's 
behalf; or with a third party contractor, grantee, or other recipient 
of such money or property. To ensure that the Act is not interpreted to 
federalize fraud that threatens no harm to Government purposes or 
federal program objectives, the Amendment explicitly excludes from 
liability requests or demands for money or property that the Government 
has paid to an individual as compensation for federal employment or as 
an income subsidy, such as Social Security retirement benefits, with no 
restrictions on that individual's use or the money or property at 
issue.
  The amendments also clarify that the False Claims Act may be used to 
redress fraud on Medicare's new Part D prescription drug benefit 
program and fraud on Medicare managed care. Both of these programs are 
administered by Government contractors. The legislation

[[Page 12698]]

eliminates any argument that the False Claims Act does not reach false 
claims submitted to State-administered Medicaid programs, as some have 
argued under the Totten case (and as the Atkins court held).
  The amendments clarify that the False Claims Act can be used to 
redress false claims submitted to recipients of federal block grants 
administered by state agencies or other third parties. Such claims 
undermine the purpose of those grants by diverting funding away from 
the objectives that the federal program sought to achieve and cause 
harm to the United States. Thus, for example, if a large non-minority 
owned business falsely applied for grant funds that the Government 
provided a municipality to assist small, minority-owned businesses, the 
business entity would be subject to False Claims Act liability.
  These clarifications are consistent with what Congress intended to 
achieve in 1986. By removing from Section 3729(a)(1) language that can 
be narrowly read to limit liability to persons who present false claims 
directly ``to an officer or employee of the Government, or to a member 
of the Armed Forces,'' the amendments finish the job Congress intended 
to complete in 1986, when it defined actionable ``claims'' in the 
current Act to include ``any request or demand .  .  . for money or 
property which is made to a contractor, grantee, or other recipient if 
the United States Government provides any portion of the money or 
property which is requested or demanded, or if the Government will 
reimburse such contractor, grantee, or other recipient for any portion 
of the money or property which is requested or demanded.''

        2. Fraud Against Funds Administered by the United States

  In a 2006 decision involving Iraq reconstruction fraud, a federal 
trial court in Virginia held that the False Claims Act does not reach 
false claims against funds administered, but not owned, by the U.S. 
Government. This was United States ex rel. DRC, Inc. v. Custer Battles, 
LLC, 376 F. Supp. 2d 617, 636-641 (E.D. Va. 2006). This result is not 
consistent with what Congress intended in 1986. When the United States 
Government elects to invest its resources in administering funds or 
managing property belonging to another entity, it does so because use 
of such investments or property for their designated purposes will 
further interests of the United States. Misdirection of such money or 
property as the result of false or fraudulent conduct by contractors 
frequently creates funding gaps which either thwart federal interests 
or require infusions of federal money to see program goals achieved. 
Accordingly, false claims made against Government-administered funds 
damage the interests of the United States in essentially the same way 
as does misappropriation or wasting of funds owned by the United 
States. Whenever money directed to address Government interests is 
wasted, it becomes necessary either to redirect other funds to complete 
the contemplated task at hand or to make do with diminished returns on 
Government program investments. The amendments address this problem by 
defining ``claim'' to include, among other things, requests or demands 
for money or property that are presented to an officer, employee, or 
agent of the United States ``whether or not the United States has title 
to the money or property.'' See new 31 U.S.C. 3729(b)(2)(A). This 
amendment to the existing statutory language clarifies that FCA 
liability attaches to knowingly false requests or demands upon the 
United States for money or property administered by the United States 
on behalf of another person.

                             3. Conspiracy

  Currently, Section 3729(a)(3) imposes liability on persons ``who 
conspire to defraud the Government by getting a false or fraudulent 
claim allowed or paid.'' This wording can be construed to apply only to 
conspiracies that violate subsections 3729(a)(1), (2) or (7). Some 
courts have interpreted the section to be even more limited. For 
example the court in United States ex rel. Huangyan Import & Export 
Corp. v. Nature's Farm Products, Inc., 370 F. Supp. 2d 993 (N.D. Cal. 
2005) held that section 3729(a)(3) does not extend to conspiracies to 
violate section 3729(a)(7). The current provision does not explicitly 
impose liability on those who conspire to violate other provisions of 
the False Claims Act, such as delivery of less Government property than 
that promised the Government or making false statements to conceal an 
obligation to pay money to the Government. Section 4(a) of S. 386 
amends current Section 3729(a)(3) to clarify that conspiracy liability 
can arise whenever a person conspires to violate any of the provisions 
of Section 3729 imposing False Claims Act liability. Because this 
expands conspiracy liability to other sub-sections of 3729, this 
particular amendment is a substantive change. The rest of the Section 4 
amendments are meant to merely clarify the existing scope of False 
Claims Act liability.

   4. Wrongful Possession, Custody or Control of Government Property

  The amendments to the False Claims Act in S. 386 also update current 
Section 3729(a)(4) of the False Claims Act, which makes the 
Government's ability to recover for conversion of Government assets 
dependent upon issuance of an inaccurate certificate or receipt. This 
language is unchanged from the original Act as drafted in 1863. This 
outmoded phraseology led the court in United States ex rel. Aakhus v. 
Dyncorp, Inc., 136 F.3d 676 (10th Cir. 1998), to dismiss a case on the 
technical grounds that no receipt was provided. Where knowing 
conversion of Government property occurs, it should make no difference 
whether the person committing the offense receives an inaccurate 
certificate or receipt documenting the transaction. The updated 
provision eliminates reference to such documentation. It appears in the 
renumbered provisions of the Act as Section 3729(a)(1)(D).

         5. Wrongful Retention of Government Money or Property

  Currently, Section 3729(a)(7) of the False Claims Act imposes 
liability for ``reverse'' False Claims Act violations when a person 
makes or uses false records or statements to conceal, avoid, or 
decrease an obligation to pay or transmit money or property to the 
Government. This liability provision is analogous to the liability 
established under current Section 3729(a)(2) for making false records 
or statements to get false or fraudulent claims paid or approved. The 
Act, however, currently contains no provision that expressly imposes 
liability on a person who wrongfully avoids a duty to return funds or 
property to the United States by remaining silent. The amendments 
address this issue by expressly imposing liability on anyone who 
``knowingly conceals or knowingly and improperly avoids or decreases an 
obligation to pay or transmit money or property to the United States.'' 
This language is intended to make clear that a person who retains an 
overpayment, while avoiding a duty to disclose or return the 
overpayment that arises from a statute, regulation or contract, 
violates the False Claims Act. Indeed, to address any potential 
confusion among the courts as to what is intended to be encompassed 
within the term ``obligation'' as used in Section 3729(a)(7), the 
amendments define that term in new Section 3729(b)(3) as encompassing 
legal duties that arise from the retention of any overpayment.
  A legal obligation to disclose or refund an overpayment can arise in 
various ways. Examples include, but are not limited to: (i) Government 
contracts that incorporate a rule of the Federal Acquisition 
Regulations that requires disclosure of an overpayment, and (ii) 
criminal statutes that penalize a party's non-disclosure of an 
overpayment in order to fraudulently secure the overpayment. 
Importantly, the amendments do not impose liability in situations in 
which the law clearly permits the recipient of the overpayment to 
retain the overpayment without disclosure pending a reconciliation 
process.
  Liability for all non-disclosed overpayments of the same type also 
should be imposed once an organization or other person is on notice 
that it has been employing a practice that has led to multiple 
instances of overpayment. For example, if a corporation learns after-
the-fact that it has been violating a billing rule or a contract 
requirement in its billing, and it nonetheless fails to comply with a 
legal obligation to disclose the resulting overpayments, this amendment 
renders the corporation liable under the Act for all overpayments 
resulting from the violation of the billing rule or contract 
requirement, even those not specifically identified or quantified.
  We use the term ``disclose'' in this provision to mean full 
disclosure of all the pertinent facts concerning the overpayment to the 
appropriate Government officials with authority to determine what 
actions, if any, the recipient of the overpayment should take to remedy 
the situation.
  The amendments also define the term ``obligation'' to include fixed 
and contingent duties owed to the Government, a term intended to 
encompass, among other things, ad valorem and other customs duties, 
such as custom duties for mismarking country of origin on imported 
products. The amendments are intended to overrule the result reached in 
American Textile Manufacturers Institute, Inc., supra, as applied to ad 
valorem duties imposed for import violations. Reference to that 
particular custom duty is not intended to exclude other types of 
customs duties or statutory obligations that are similar in effect and 
purpose or that otherwise meet the definition set forth in the proposed 
amendments.

[[Page 12699]]




         B. Section 4(b): Government Complaints-in-Intervention

  Section 4(b) of S. 386 deals with the Government's ability to 
intervene in a relator's case. The False Claims Act does not expressly 
provide that the United States may amend the qui tam plaintiff's 
complaint--or, if more practical, file its own complaint upon 
intervention in a qui tam case--subject to the same rules on ``relation 
back'' of amended claims as would apply if it were amending its own 
complaint. Federal Rule of Civil Procedure 15(c)(2) provides that a 
party's amendment of a pleading will relate back to the date of its 
original pleading when the claim ``asserted in the amended pleading 
arose out of the conduct, transaction, or occurrence set forth or 
attempted to be set forth in the original pleading.'' In United States 
v. Baylor Univ. Medical Center, 469 F.3d 263 (2d Cir. 2006), the Second 
Circuit suggested that the United States may not be able to avail 
itself of this rule when amending a qui tam plaintiff's complaint. The 
implication of this ruling is that the United States could sometimes be 
forced to forgo a thorough investigation of the merits of qui tam 
allegations in order to ensure that it does not lose claims due to the 
running of the statute of limitations.
  Section 4(b) clarifies that the Government's complaint in 
intervention or amended complaint will relate back to the date of the 
original qui tam complaint so long as the conditions of Federal Rule of 
Civil Procedure 15(c)(2) otherwise are met. Thus, Section 4(b) adds a 
new paragraph (c) to Section 3731 that expressly provides that the 
United States' complaint-in-intervention or amended complaint relates 
back to the date of the complaint filed by the qui tam plaintiff ``to 
the extent that the claim of the Government arises out of the conduct, 
transactions, or occurrences set forth, or attempted to be set forth, 
in the prior complaint of that person.''


              C. Section 4(c)--Civil Investigative Demands

  The False Claims Act was amended in 1986 to give the Department of 
Justice an effective investigative tool: civil investigative demands or 
``CIDs,'' which are administrative subpoenas for documents, 
interrogatory responses and sworn testimony that may be used to 
investigate allegations of potential violations of the False Claims 
Act. Use of this tool, provided for in Section 3733, is increasingly 
necessary for effective investigation of False Claims Act allegations. 
Program agencies are strapped for resources and unable to assign 
investigators even to meritorious cases, let alone issue Office of 
Inspector General subpoenas.
  Nevertheless, as a result of restrictive language in the False Claims 
Act's CID provisions, the Department of Justice very rarely uses CIDs. 
The Assistant U.S. Attorneys and Main Justice trial attorneys are 
disinclined to use these subpoenas because of the length of time 
required to obtain review and approval by the Attorney General. 
Pursuant to Section 3733, the Attorney General may not delegate his 
authority to issue CIDs.
  Moreover, Department attorneys are concerned that the False Claims 
Act, by limiting access to CID material to Government ``custodians'' 
and ``false claims law investigators,'' implicitly may preclude them 
from showing the documents, interrogatory responses and testimony 
obtained through CIDs to fact and expert witnesses and consultants, and 
the parties, in connection with their investigation or litigation of 
the case or proceeding. While statutory language does permit them to 
make ``official use'' of this material, they are nonetheless 
disinclined to rely on this language alone because of potential 
ambiguity as to its reach. Without being able to share the evidence in 
this manner, they fear that they may be unable to make sense of the 
documents and information produced and, accordingly, rarely employ 
CIDs.
  Section 4(c) of S. 386 facilitates the issuance of CIDs by amending 
Section 3733 to authorize the Attorney General to delegate the 
authority to issue CIDs to a designee, and clarifying that CIDs may be 
issued during the investigation of qui tam allegations prior to the 
Government's intervention decision. Section 4(c) also clarifies that 
the Attorney General or his designee may disclose CID material to the 
qui tam plaintiff when necessary to further a False Claims Act 
investigation or litigation. Qui tam plaintiffs are not only parties to 
the False Claims Act proceeding, they often are fact witnesses or 
experts in the subject matter under investigation. Accordingly, more 
often than not, it will be necessary for the Department of Justice to 
show information obtained through CIDs to the relator in order to 
investigate or litigate the allegations effectively. However, the 
Department of Justice retains the discretion to evaluate whether 
disclosure to the relator is appropriate under the circumstances of the 
case, taking into account such factors as the need to protect the 
integrity of its investigation.
  Finally, to eliminate any ambiguity on the question of whether 
Department of Justice attorneys may use and disclose the documents, 
testimony and interrogatory responses obtained through CIDs in 
connection with the steps that law enforcement customarily takes to 
investigate, and, if required, litigate allegations of wrongdoing, 
Section 4(c) of the bill clarifies Section 3733 by adding a new 
definition of ``official use'' in subsection 3733(1). The definition 
provides that ``official use'' includes ``any use that is consistent 
with the law, and the regulations and policies of the Department of 
Justice.'' The new definition of ``official use'' also includes 
specific examples of the types of uses that fall within the term 
``official use.'' These examples are not meant to be an exhaustive 
list, but rather illustrative of the ordinary, lawful uses of 
subpoenaed material in a Department of Justice investigation or 
litigation that we intend the Department of Justice to employ in False 
Claims Act cases. Section 4(c) of the bill also removes confusing 
language in Section 3733(i)(2)(B) and (C) that could be misinterpreted 
by the courts to prevent the custodian of CID material from sharing the 
material with other Department of Justice or program agency personnel 
for these official uses in the absence of authority from regulations or 
a court.


            D. Section 4(d): Relief from Retaliatory Actions

  Section 3730(h) of the False Claims Act imposes liability on any 
employer who discriminates in the terms or conditions of employment 
against an employee because of the employee's lawful acts in 
furtherance of a qui tam action. This section needs to be amended so 
that it is clear that it covers the following types of retaliation that 
whistleblowers commonly have faced over the course of the last twenty 
years: (i) retaliation against not only those who actually file a qui 
tam action, but also against those who plan to file a qui tam that 
never gets filed, who blow the whistle internally or externally without 
the filing of a qui tam action, or who refuse to participate in the 
wrongdoing; (ii) retaliation against the family members and colleagues 
of those who have blown the whistle; and, (iii) retaliation against 
contractors and agents of the discriminating party who have been denied 
relief by some courts because they are not technically ``employees.''
  To address the need to widen the scope of protected activity, Section 
4(d) of S. 386 provides that Section 3730(h) protects all ``lawful acts 
done'' . . . in furtherance of . . . other efforts to stop 1 or more 
violations'' of the False Claims Act. This language is intended to make 
clear that this subsection protects not only steps taken in furtherance 
of a potential or actual qui tam action, but also steps taken to remedy 
the misconduct through methods such as internal reporting to a 
supervisor or company compliance department and refusals to participate 
in the misconduct that leads to the false claims, whether or not such 
steps are clearly in furtherance of a potential or actual qui tam 
action.
  To address the concern about indirect retaliation against colleagues 
and family members of the person who acts to stop the violations of the 
False Claims Act, Section 4(d) clarifies Section 3730(h) by adding 
language expressly protecting individuals from employment retaliation 
when ``associated others'' made efforts to stop False Claims Act 
violations. This language is intended to deter and penalize indirect 
retaliation by, for example, firing a spouse or child of the person who 
blew the whistle.
  To address the need to protect persons who seek to stop violations of 
the Act regardless of whether the person is a salaried employee, an 
employee hired as an independent contractor, or an employee hired in an 
agency relationship, Section 4(d) of S. 386 amends Section 3730(h) so 
that it expressly protects not just ``employees'' but also 
``contractors'' and ``agents.'' Among other things, this amendment will 
ensure that Section 3730(h) protects physicians from discrimination by 
health care providers that employ them as independent contractors, and 
government subcontractors from discrimination or other retaliation by 
government prime contractors.
  I should note that this amendment does not in any way require that a 
qui tam plaintiff must have refused to engage in the misconduct or 
tried to stop the fraud internally before he or she may avail 
themselves of the incentives and protections in the False Claims Act. 
As the Congress recognized when the False Claims Act's qui tam 
provisions were first enacted in the nineteenth century, and as we have 
repeatedly affirmed in different contexts, including the new IRS 
whistleblower law, sometimes it ``takes a rogue to catch a rogue.'' An 
individual who participates in the fraud, and who for whatever reason 
does not challenge the misconduct within his or her organization, is 
still entitled to a relator's award and the protections of Section 
3730(h) unless he or she is otherwise barred by a specific provision in 
the law.

[[Page 12700]]




             E. Section 4(e): Service upon State Plaintiffs

  Increasingly, qui tam plaintiffs are filing False Claims Act actions 
on behalf of not only the Federal Government, but also one or more 
States joined as co-plaintiffs pursuant to state False Claims Act 
statutes. Such cases ordinarily allege false claims submitted to 
Medicaid, which is a program funded jointly by the United States and 
the states. These cases are increasing in number as many states 
recently have enacted qui tam statutes, and many more are expected to 
do so in light of provisions in the Deficit Reduction Act of 2005. 
False Claims Act Section 3732 provides that state law claims may be 
asserted in a case filed under the federal False Claims Act if the 
claims arise from the same transaction or occurrence. The statute is 
unclear, however, as to whether the seal imposed by the U.S. District 
Court on the case pursuant to Section 3730(b) precludes the qui tam 
plaintiff from complying with state requirements to serve the 
complaint, or restricts the qui tam plaintiff and the Federal 
Government in their ability to serve other pleadings on the States, and 
disclose other materials to the States.
  The amendment in Section 4(e) of S. 386 adds a new paragraph (c) to 
Section 3732 that clarifies that the seal does not preclude service or 
disclosure of such materials to the State officials authorized to 
investigate and prosecute the allegations that the qui tam plaintiff 
raises on behalf of the State. This paragraph also clarifies that State 
officials and employees must respect the seal imposed on the case to 
the same extent as other parties to the proceeding must respect the 
seal.


            F. Section 4(f). Effective Date and Application

  Section 4(f) of S. 386 provides that the amendments in Section 4 take 
effect upon enactment and apply to conduct on or after the date of 
enactment, with the exception of the amendment of Section 
3729(a)(1)(B), which shall apply to False Claims Act claims pending on 
or after June 7, 2008, and the amendments set forth in Section 4(b), 
(c), and (e) of the Bill, each of which shall apply to all cases 
pending on the date of enactment. We intend for the definition of claim 
also to apply to all False Claims Act claims pending on or after June 
7, 2008, as that definition is an intrinsic part of amended Section 
3729(a)(1)(B). The purpose of this amendment is to avoid the extensive 
litigation over whether the amendments apply retroactively, as occurred 
following the 1986 False Claims Act amendments.
  However, while the amendments state that the remainder of the Section 
4(a) liability provisions are not retroactive, the courts should 
recognize that Section 4(a) only includes one substantive change to 
existing False Claims Act liability, which is the expansion of the 
conspiracy liability. All of the other Section 4(a) amendments merely 
clarify the law as it currently exists under the False Claims Act. With 
the exception of conspiracy liability, the courts should rely on these 
amendments to clarify the existing scope of False Claims Act liability, 
even if the alleged violations occurred before the enactment of these 
amendments.
  In other words, the clarifying amendments in Section 4(a) do not 
create a new cause of action where there was none before. Moreover, 
these clarifications do not remove a potential defense or alter a 
defendant's potential exposure under the Act. In turn, courts should 
consider and honor these clarifying amendments, for they correctly 
describe the existing scope of False Claims Act liability under the 
current and amended False Claims Act. The amended conspiracy provision, 
on the other hand, is limited to those violations that occur after the 
enactment of these amendments.
  Each of the provisions in S. 386 dealing with the False Claims Act is 
key to protecting taxpayer dollars, and I urge my colleagues to support 
this legislation.
  Mr. SCOTT of Virginia. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and concur in the Senate amendment to the House amendments to the 
Senate bill, S. 386.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BURGESS. Madam Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until approximately 6:30 p.m. today.
  Accordingly (at 3 o'clock and 23 minutes p.m.), the House stood in 
recess until approximately 6:30 p.m.

                          ____________________




                              {time}  1833
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Heinrich) at 6 o'clock and 33 minutes p.m.

                          ____________________




 REPORT ON RESOLUTION WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII 
          WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS

  Mr. HASTINGS of Florida, from the Committee on Rules, submitted a 
privileged report (Rept. No. 111-113) on the resolution (H. Res. 450) 
waiving a requirement of clause 6(a) of rule XIII with respect to 
consideration of certain resolutions reported from the Committee on 
Rules, which was referred to the House Calendar and ordered to be 
printed.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 
will resume on motions to suspend the rules previously postponed.
  Votes will be taken in the following order:
  House Resolution 300, by the yeas and nays;
  Concurring in the Senate amendment to the House amendments to S. 386, 
de novo;
  House Resolution 442, by the yeas and nays.
  Remaining postponed votes will be taken later in the week.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.

                          ____________________




          CONGRATULATING CAMP DUDLEY ON ITS 125TH ANNIVERSARY

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 300, 
as amended, on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 300, as amended.
  The vote was taken by electronic device, and there were--yeas 388, 
nays 0, not voting 45, as follows:

                             [Roll No. 267]

                               YEAS--388

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellsworth

[[Page 12701]]


     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Green, Al
     Green, Gene
     Griffith
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Klein (FL)
     Kline (MN)
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Space
     Spratt
     Stearns
     Sutton
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Watson
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--45

     Barrett (SC)
     Biggert
     Brown, Corrine
     Carney
     Costello
     Davis (AL)
     Deal (GA)
     Delahunt
     Ellison
     Garrett (NJ)
     Gerlach
     Graves
     Grayson
     Grijalva
     Gutierrez
     Harman
     Holden
     Johnson (IL)
     Kanjorski
     Kennedy
     Kissell
     Kosmas
     Lewis (GA)
     Maloney
     Marchant
     McCollum
     Mica
     Moran (VA)
     Rohrabacher
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Shuler
     Smith (WA)
     Snyder
     Souder
     Speier
     Stark
     Stupak
     Sullivan
     Tanner
     Towns
     Wamp
     Waters
     Watt

                              {time}  1900

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution, as amended, was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




               FRAUD ENFORCEMENT AND RECOVERY ACT OF 2009

  The SPEAKER pro tempore. The unfinished business is the question on 
suspending the rules and concurring in the Senate amendment to the 
House amendments to the Senate bill, S. 386.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and concur in the Senate amendment to the House amendments to the 
Senate bill, S. 386.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BURGESS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 338, 
nays 52, not voting 43, as follows:

                             [Roll No. 268]

                               YEAS--338

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Buyer
     Calvert
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Cassidy
     Castle
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Green, Al
     Green, Gene
     Griffith
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Klein (FL)
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Luetkemeyer
     Lujan
     Lungren, Daniel E.
     Lynch
     Maffei
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nunes
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Snyder
     Space
     Spratt
     Stearns
     Sutton
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Watson
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--52

     Akin
     Bachmann
     Bartlett
     Barton (TX)
     Bishop (UT)
     Blackburn

[[Page 12702]]


     Boehner
     Boustany
     Brady (TX)
     Broun (GA)
     Burgess
     Burton (IN)
     Camp
     Campbell
     Carter
     Chaffetz
     Cole
     Conaway
     Culberson
     Davis (KY)
     Duncan
     Ehlers
     Flake
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Granger
     Hensarling
     Johnson, Sam
     Jordan (OH)
     King (IA)
     Kingston
     Kline (MN)
     Lamborn
     Latta
     Lucas
     Lummis
     Mack
     Manzullo
     McHenry
     Miller (FL)
     Myrick
     Neugebauer
     Olson
     Paul
     Pence
     Price (GA)
     Sessions
     Shadegg
     Smith (NE)
     Thornberry
     Westmoreland

                             NOT VOTING--43

     Barrett (SC)
     Biggert
     Brown, Corrine
     Carney
     Costello
     Davis (AL)
     Deal (GA)
     Delahunt
     Ellison
     Gerlach
     Graves
     Grayson
     Grijalva
     Gutierrez
     Harman
     Holden
     Johnson (IL)
     Kanjorski
     Kennedy
     Kissell
     Kosmas
     Lewis (GA)
     Maloney
     Marchant
     McCollum
     Mica
     Moran (VA)
     Rohrabacher
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Shuler
     Smith (WA)
     Souder
     Speier
     Stark
     Stupak
     Sullivan
     Tanner
     Towns
     Wamp
     Waters
     Watt


                Announcement by the Speaker Pro Tempore

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

                              {time}  1909

  Mr. ROYCE changed his vote from ``nay'' to ``yea.''
  So (two-thirds being in the affirmative) the rules were suspended and 
the Senate amendment to the House amendments was concurred in.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




      RECOGNIZING IMPORTANCE OF CHILD AND ADULT CARE FOOD PROGRAM

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 442, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 442.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 377, 
nays 10, not voting 46, as follows:

                             [Roll No. 269]

                               YEAS--377

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Green, Al
     Green, Gene
     Griffith
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Klein (FL)
     Kline (MN)
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Space
     Spratt
     Stearns
     Sutton
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Watson
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--10

     Akin
     Broun (GA)
     Campbell
     Chaffetz
     Flake
     King (IA)
     Kingston
     McClintock
     Paul
     Shadegg

                             NOT VOTING--46

     Barrett (SC)
     Biggert
     Brown, Corrine
     Capps
     Carney
     Castor (FL)
     Costello
     Davis (AL)
     Deal (GA)
     Delahunt
     Ellison
     Gerlach
     Gohmert
     Graves
     Grayson
     Grijalva
     Gutierrez
     Harman
     Holden
     Johnson (IL)
     Kanjorski
     Kennedy
     Kissell
     Kosmas
     Lewis (GA)
     Maloney
     Marchant
     McCollum
     Mica
     Moran (VA)
     Rohrabacher
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Shuler
     Smith (WA)
     Souder
     Speier
     Stark
     Stupak
     Sullivan
     Tanner
     Towns
     Wamp
     Waters
     Watt


                Announcement by the Speaker Pro Tempore

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

                              {time}  1916

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




                          PERSONAL EXPLANATION

  Mr. GUTIERREZ. Mr. Speaker, I was unavoidably absent from this 
Chamber today. Had I been present, I would have voted ``yea'' on 
rollcall votes 267, 268 and 269.

                          ____________________




                          PERSONAL EXPLANATION

  Mr. MICA. Mr. Speaker, due to mechanical problems relating to US 
Airways flight #859, I was unavoidably detained and was unable to vote 
on rollcalls 267, 268, and 269. Had I been present, I would have voted 
``yea'' on each of these measures.

                          ____________________




   HONORING THE SACRIFICE OF PETTY OFFICER SECOND CLASS TYLER TRAHAN

  (Mr. NYE asked and was given permission to address the House for 1 
minute.)
  Mr. NYE. Mr. Speaker, I rise today to honor the life, the service and 
the sacrifice of Petty Officer Second Class

[[Page 12703]]

Tyler Trahan, who was killed in action by a roadside bomb outside 
Fallujah, Iraq, on April 30.
  Petty Officer Trahan was an explosive ordnance disposal technician, 
one of the most dangerous assignments, assigned to Unit 12 based in 
Norfolk, Virginia, and at the time of his death, he was deployed with 
the SEAL team based out of Virginia Beach.
  Three years ago, like his father and grandfather before him, he 
signed up to bravely serve his country in uniform, telling his hometown 
newspaper, ``I want to go and fight for the freedom I enjoyed growing 
up.''
  During his service, he earned numerous commendations and medals, 
including a Bronze Star with a Combat ``V'' Distinguishing Device and a 
Purple Heart.
  On Sunday I had the opportunity to have dinner with the warfighters 
of the EOD Unit 10, which was based in Norfolk, like Trahan's unit. In 
an asymmetric conflict, where we are faced not with tanks and planes, 
but with roadside bombs with cell phone triggers, our EOD personnel, 
like Tylar Trahan, are critical for our success in the region.
  Tyler Trahan was killed while performing his duties in al Anbar 
Province. While we may never know how many lives were saved by his 
actions, we must ensure that his life, his service and his sacrifice 
are never forgotten.

                          ____________________




           PRESIDENT OBAMA'S RHETORIC CONTRADICTS HIS ACTIONS

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Mr. Speaker, President Obama last week 
told a town hall audience that ``we are mortgaging our children's 
future with more and more debt.'' He talked about how borrowing would 
lead to higher interest rates. I appreciate the President acknowledging 
these dangers. Unfortunately, it is his budget and his allies in 
Congress that will produce more debt in the next decade than all 
previous administrations combined. They are his policies that are 
borrowing too much, spending too much and taxing too much.
  On the other hand, Republicans continue to offer a better way 
forward. Our policies would help small businesses and entrepreneurs 
have the capital and freedom to innovate and create jobs.
  At some point, the President's actions need to match his words. 
American families cannot afford for President Obama to try to have it 
both ways.
  In conclusion, God bless our troops, and we will never forget 
September the 11th in the global war on terrorism.

                          ____________________




   AMERICA'S NATIONAL SECURITY DEPENDS ON A STRONG MANUFACTURING BASE

  (Mr. KUCINICH asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. KUCINICH. Across the United States, the word in the last few 
weeks is that America is going to lose many auto plants that provide 
thousands of jobs that have kept the economy of communities going for 
generations. And with that, thousands of dealerships now will close.
  Think about it, America. America is going out of the car business. We 
are going out of the steel business. The things that enable us to 
defend our country we are giving up.
  We have a resolution, House Resolution 444, which says that it is 
time that America took a stand and had a strategic industrial policy 
which declares that the maintenance of steel, automotive, aerospace and 
shipping is vital to our national security.
  With China now getting bragging rights about how they are moving 
their auto industry forward and with America having about a $700 
billion trade deficit with China, isn't it time that America woke up 
and started restoring our auto industry instead of pushing it into 
bankruptcy?

                          ____________________




                                DEBT DAY

  (Ms. GINNY BROWN-WAITE of Florida asked and was given permission to 
address the House for 1 minute and to revise and extend her remarks.)
  Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise because April 
26 was Debt Day.
  Debt Day is the day that the Federal Government runs out of revenue 
and starts paying for its reckless spending by borrowing more money. 
This means that all of the money spent by the Federal Government for 
the rest of the year will either be borrowed from other countries or, 
as the gentleman who preceded me here on this side of the aisle said, 
or borrowed from future generations.
  Deficits are nothing new in Washington. And it is not a one-party 
disease. However, American families and small businesses across the 
country are tightening their belts, and certainly Congress needs to do 
the same.
  Instead, the Obama administration offers a budget that doubles the 
national debt in 8 years, and by 2012, the American people will be 
paying $1 billion per day in net interest on that debt.
  The American people know that we cannot borrow and spend our way back 
to economic health. The path to economic recovery starts with fiscal 
responsibility.
  I believe that the Federal Government should follow the example set 
by our Nation's families and eliminate unneeded and excessive spending.

                          ____________________




                            HOUSTON ROCKETS

  (Ms. JACKSON-LEE of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Ms. JACKSON-LEE of Texas. There comes a time when you need to 
acknowledge the hometown team and thank them for their best effort. The 
Rockets wanted to win. They put their heart in it. They came back in 
game 6. They came back in other games. They were down 20 points or more 
in other games. They lost by a large amount, but they came back. And 
boy, did they give us a game in game 6.
  So you can see the faces of the Houston Rockets. And I'm cheering 
them on. Congratulations for getting into this part of the NBA, getting 
into what they have not done before, which is the playoffs. So I am 
grateful for the young team that they are. Some that don't have height, 
we are aware of the injuries of some of our teammates, but Houston is 
very proud. And we celebrated our Houston Rockets because they did a 
darn good job. It is a good lesson for young people to know in the face 
of adversity, to keep on keeping on. That is what sports is all about. 
And that is what the message is when we tell our children to play, play 
fair, have good judgment, have integrity and keep on keeping on, and 
some day, you will be a winner.
  Winners never quit, and quitters never win.

                          ____________________




                             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.

                          ____________________




                 AMERICANS ARE NOW IN THE CAR BUSINESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
  Ms. KAPTUR. Mr. Speaker, the people of the United States are now in 
the car business. Our taxpayers own the majority share of Chrysler, and 
maybe General Motors before long.
  Why? Wall Street financial shenanigans and fraud left banks without 
credit to loan to dealers and to consumers who wanted to buy cars in 
this very credit-sensitive auto sector.
  The result? Car sales started plummeting last year, and this occurred 
despite the fact that the Big Three had reached an important plateau in 
the production of the cars of the future.
  In 2007 Ford won 102 quality awards, including AutoPacific's Best in 
Class

[[Page 12704]]

for three models and Germany's largest auto magazine's Auto 1 of Europe 
Award for its S-MAX.

                              {time}  1930

  In 2008, Forbes awarded the 2008 Chrysler 300 ``the highest-quality 
car in the near-luxury category'' over the Audi A4, BMW 3 Series, Lexus 
IS, and Mercedes-Benz C Class.
  Of the 15 global finalists for the 2008 Motor Trend Car of the Year 
Award, the Big Three manufactured nine, the Japanese only four, and the 
Europeans two. The 2008 winner was GM's Cadillac CTS, which Motor Trend 
described as ``proof that Detroit can still build a world-class car.''
  America cannot afford to let the auto industry vanish any more than 
we can allow our national economy or defense to vanish. They are 
inextricably linked.
  America needs an auto industry that competes on a level playing field 
globally. And America needs Presidential advisors who tell the 
President the truth.
  And what is the truth?
  Truth 1: The U.S. auto industry was poised to rebuild market share 
with its new models until the Wall Street-manufactured financial crisis 
hit. In this situation, Wall Street is the perpetrator and our auto 
industry and our communities the victim.
  Truth 2: The global market in which our auto sector competes has been 
far from fair for a very long time. Closed markets and tax and trade 
policies have really crippled our industry.
  Truth 3: The unfair marketplace players include Japan, South Korea, 
and Communist China. Managed markets in Europe, as well, complicate the 
playing field.
  Japan has the third largest economy in the world, but its automobile 
market is essentially closed to American carmakers. Import penetration 
in Japan by all foreign firms is less than 3 percent, while Japanese 
companies just in this country now command more than half of our market 
share.
  Until recent cutbacks, one manufacturer, Chrysler Jeep turned out 
more vehicles at one factory, the Toledo North Assembly Plant, in a 
single month than the U.S. auto industry sold in Japan and Korea, 
combined, in an entire year. Superlative products made by U.S. workers 
in U.S. factories are still systematically barred entry into the closed 
markets of Asia: Japan, South Korea, and Communist China.
  Truth 4: China and Mexico, whose workers build vehicles the majority 
of their populations cannot afford to buy, while being paid subhuman 
wages, export cars anywhere in the world. We are told now China and 
Mexico are poised, through GM restructuring, to deliver more cars to 
our country. That's right. To get GM profitable as fast as possible, 
America must continue to shut plants down and unemploy our own workers? 
What kind of a solution is that?
  Millions of our own people are falling out of gainful employment, so 
we will use our tax dollars to deep-six U.S. workers while employing 
more Chinese and Mexican citizens? What sense does this make?
  Why would any first-world nation leave its auto sector in shambles?
  America's tax policy and our trade policy are seriously out of whack. 
Germany, through VAT, can export a vehicle here and get a 19 percent 
credit. Our vehicles there are saddled with a 19 percent tax. What's 
fair about managed markets all across the world that disadvantage autos 
from our Nation?
  While the former administration and Wall Street placed our auto 
industry on the operating table, President Obama had best ask his White 
House advisors from Wall Street for the truth.
  Why have the credit lines to the automotive sector been frozen for 
months, like a tourniquet, cutting off their blood supply?
  Why are Japan and South Korea's markets still closed to American 
vehicles?
  Why do nations like Germany employ a VAT tax to their advantage and 
our detriment?
  Let's get real before this White House's Wall Street advisors ask our 
Nation to take more Chinese and Mexican car imports while thousands 
upon thousands of Main Street Americans hit the unemployment lines.
  Here is the plain, unvarnished truth. The world might be flat in 
America because our markets are wide open, but tax-and-trade terrain is 
mountainous across the world for our country, surely in Asia and in 
Europe, in managed markets, and even on our own continent where tariff 
and nontariff barriers keep out our products.
  What sense does it make for our middle class to prop up companies 
hitting bottom from this financial crisis only to have more jobs 
outsourced, resulting in more unemployment here and more citizens 
expecting care from our government?
  It is time for this administration to employ section 201 trade relief 
in order to get our beleaguered industry back on its feet.
  And frankly, it is time for some truth.

                          ____________________




                                 GITMO

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
  Mr. POE of Texas. Mr. Speaker, the administration plans to close the 
state-of-the-art Guantanamo Bay detention facility by January. The 
problem is, they have no plan for what to do with the terrorist 
detainees. These are the people who have tried to kill Americans, and 
they want to keep up their sinful ways by trying to kill more 
Americans. These are people picked up off the battlefield, sometimes 
hiding between children and women's skirts in villages. They were not 
wearing uniforms. They were not state sponsored, but they were there 
for a reason, and that was to kill innocent people.
  For example, they use women and children for two purposes: one, to 
hide behind as cover, and the other reason is to murder in the name of 
religion. That's why they're called terrorists. They try to inflict 
terror and fear in all peoples.
  Some of these people have been waterboarded. They gave us vital 
information that saved American lives. Apparently, two plots were 
uncovered by waterboarding. One crime was to crash a plane into a Los 
Angeles skyscraper and another to blow up the Brooklyn Bridge.
  I wonder if the would-be victims appreciated the waterboarding?
  What are we supposed to do to get this information?
  But some are now to be more concerned about the treatment of Gitmo 
detainees than they are about potential American victims. Maybe we 
don't have our priorities straight. And by the way, Mr. Speaker, I have 
been to Gitmo, and its facilities are better than many American jails 
where we keep Americans.
  Let's look a little bit at history. General George Washington had a 
very different way of dealing with folks that were captured who weren't 
wearing uniforms. A British spy named Major John Andre, who was a buddy 
of Benedict Arnold, fell into these circumstances. After surveying West 
Point, Benedict Arnold met with Andre and gave him a sheaf of papers 
outlining the state of the garrison and the arrangements that had been 
made for its defense at West Point. Andre removed his uniform as a 
senior British officer, put on a plain coat, stuffed Arnold's secret 
instructions into his silk stockings, and set off for New York and his 
headquarters. Militiamen caught up with him on the road, however, found 
the papers from Arnold in his boots, and turned him over to George 
Washington, who had him hanged. Is that better than being waterboarded?
  So what do we do with these terrorists if we close Gitmo? If we take 
hundreds of hard-core terrorists from an isolated island like Gitmo and 
put them in American prisons, we expose the nearby communities, 
inmates, law enforcement, prison guards, officials and their families 
to the possibility of payback, attacks aimed at breaking them out or 
retaliation against the community for holding them.

[[Page 12705]]

  If they go to an American prison, they, in all likelihood, would 
eventually be released into the United States. That's not good news.
  We don't want them brought to Texas, by the way, Mr. Speaker. We have 
enough problems from the Federal Government neglecting our southern 
border.
  Last week, in the Judiciary Committee hearing, Attorney General 
Holder couldn't name one State that wants these outlaws sent to them. 
So what are we going to do?
  Are we going to reopen Alcatraz and put them there? Who knows?
  Do we bring them here and try them in our Federal courts?
  Mr. Speaker, if we stop and take a look at why we have separate legal 
systems for our citizens and for military purposes, maybe the reasons 
will be crystal clear even to administration lawyers: The American 
domestic legal system wasn't built to deal with enemies in a war. 
Military courts have always handled combatants captured on the 
battlefield.
  Nonuniformed enemies in a time of war do not have the same rights 
under the U.S. Constitution as American citizens, at least that's what 
we have always thought.
  So what's next? Are our soldiers going to have to warn terrorists of 
their Miranda Rights?
  Are the Army Rangers going to need a search warrant from a Federal 
judge to go into an al Qaeda hideout in Afghanistan?
  Will the troops need to consult a Federal lawyer and get permission 
to shoot back when being shot at? Now, wouldn't that be helpful.
  So what is the administration going to do with these terrorists?
  They have set the date of January 22, 2010, to close down Gitmo. 
Let's hope the administration reevaluates its decisions regarding 
letting these terrorists go and keep them locked up.
  And that's just the way it is.

                          ____________________




             HONORING STEWART WINSTEIN ON HIS 95TH BIRTHDAY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Illinois (Mr. Hare) is recognized for 5 minutes.
  Mr. HARE. Mr. Speaker, I rise today to honor Stewart Winstein, who 
turns 95 years young on May the 28th. Stewart is a giant of Rock Island 
County and one of the most respected leaders in my entire congressional 
district.
  Stewart's contributions to the Quad Cities region are enough to fill 
up three biographies. He was the longest serving chairman in the 
history of the Rock Island County Metropolitan Airport Authority. In 
that position, he fostered unprecedented growth at the Quad City 
International Airport. He oversaw major expansion projects, as well as 
the increased security that resulted from the September 11 terrorist 
attacks. Through it all, Stewart was committed to providing the people 
of the Quad Cities with a safe, reliable, and very bustling airport. 
The thousands of people that fly in and out of the Quad City airport 
are fortunate to have had Stewart's leadership and his dedication.
  From 1974 to 1978, Stewart served as president of the Rock Island 
County Welfare Information and Referral Services. And as if that didn't 
keep him busy enough, he was also public administrator, public 
guardian, and conservator during that time.
  Amazingly, all the things I've named so far were just Stewart's 
extracurricular activities. His day job was being the best attorney in 
all of Rock Island County. Stewart is renowned for the law firm he 
founded with his two partners, Frank Wallace and Harrison Kavensky, 
nearly 50 years ago. Winstein, Kavensky & Wallace has withstood the 
test of time as a result of the tremendous leadership of Stewart and 
the outstanding service he has provided to all of his clients.
  But it was in the arena of politics that I got to know Stewart so 
well. He is a fierce and articulate advocate of the Democratic Party 
and our principles. He worked tirelessly for local Democrats, including 
myself and my predecessor, Congressman Lane Evans. Stewart has hosted 
events for candidates from the White House to the courthouse at his 
home. He witnessed history as a delegate to the 1968 Democratic 
Convention in Chicago and attended several more in the years that 
followed. He served long stints as vice chairperson and treasurer of 
the Illinois State Democratic Central Committee.
  To list Stewart's numerous accomplishments only tells half the story. 
Stewart is a great man. He always had tremendous love for family, 
especially his late wife, Dorothy. Dorothy was not just Stewart's wife, 
she was his very best friend.
  I have had the honor and privilege of calling Stewart a longtime 
friend and trusted advisor for many years. Our community has benefited 
greatly from his generosity and his goodwill. To put it simply, the 
Quad Cities is a better place to live because of Stewart Winstein.
  I would like to join Stewart's son, Arthur, his stepson, Max, and all 
of his family and friends in wishing him a very happy 95th birthday.

                          ____________________




                              THE FAIR TAX

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from South Carolina (Mr. Inglis) is recognized for 5 minutes.
  Mr. INGLIS. Mr. Speaker, I rise tonight to ask my colleagues that may 
be supporters of the Fair Tax whether we have got some parallel idea 
that we have been, that I have been talking about on this House floor 
for a while now.
  In the Fair Tax, what happens is you reduce taxes, income taxes, 
payroll taxes, those sorts of things, and you impose a tax on 
consumption. And the very good idea behind that is that you want to tax 
the things that you don't necessarily want to incentivize, and you want 
to free up from taxation those things that you do want to incentivize.
  So right now, under our current Tax Code, savings and investing, 
investments are treated shabbily in the Tax Code. Consumption is 
treated pretty well, because if you are a business, you can deduct 
those things. And so the idea is to turn that around. That's one of the 
good arguments for the Fair Tax.
  Now, of course, the downside of the Fair Tax is that it comes with a 
pretty substantial increase in the price of goods sold if they are new 
goods because it's a substantial consumption tax, perhaps 23 percent. 
Of course, Fair Tax proponents immediately point out that that wouldn't 
be the actual total increase in the price of a good because the income 
tax assumptions would come out of the pricing of that product; and so 
the dollar candy bar wouldn't be a $1.23, it would be something less 
than a $1.23 because the candy bar company would not have to pay income 
taxes, nor would the sugar company and all the components. Good 
arguments.
  So I am wondering if it's the same thing as what I've been talking 
about with a revenue-neutral carbon tax, the same kind of deal, that 
what we are doing here is we are switching what you tax, swapping out 
one tax for another.
  So in the concept that I have been describing here in a series of 
Special Orders, what we would do is we would reduce taxes on payroll, 
and that's something we want more of, labor industry income, and we 
would impose a tax, essentially a consumption tax, on carbon dioxide.

                              {time}  1945

  The result would be that the things that would be incentivized would 
be payroll, which is again labor, industry work. The thing that would 
be disincentivized would be carbon emissions.
  Now, the interesting thing is that it's sort of the son of fair tax, 
a much smaller impact than fair tax--what I'm talking about here when 
it comes to the dollar shock--because in the case of the fair tax, 
gasoline, presumably, would go up by a 23 percent sales tax. Natural 
gas would have a 23 percent sales tax. Electricity would have a 23 
percent sales tax on it. Now, of course,

[[Page 12706]]

some of that would be knocked down by the income tax assumptions coming 
out of the provisions of those products, but the result would be a 
switch in taxes in the fair taxes. It would be a big, old switch from 
income taxes and from those sorts of things--payroll tax--to a 
consumption tax. What I'm talking about is that it would be sort of a 
small version of that where you would take reduced payroll taxes and 
then would impose a tax on carbon dioxide, but the difference between 
the two is this:
  In what I'm talking about, there would be an incentive to switch 
technologies, too. In the fair tax, you are talking about just hitting 
every new product sold with a 23 percent sales tax. In the case that 
I'm talking about, you would be just targeting one particular kind of 
product. The result would be that nuclear would be possible, that all 
kinds of new transportation fuels would be possible and that we would 
be breaking this addiction to oil, cleaning up the air and creating new 
jobs in this sort of son of fair tax, in this little, small version of 
a fair tax. That is the fair tax plus this very important technology 
shift.
  That's what I'm after, Mr. Speaker, is that technology shift that can 
give us an expansion of this economy and be part of the means of our 
growing out of this recession. We did it in the '90s with the 
productivity we got out of the Internet and the PC. I think we can do 
it again now with energy. Energy security is our ticket out of this 
recession. Similar to the tech boom in the 1990s, this is our 
opportunity to grow the economy and to clean up the air, to create jobs 
and, by the way, to help balance the Federal budget, because that's 
what happened in the late '90s. The growth of the economy because of 
the productivity from the Internet and the PC gave us new revenues.
  I think we can do the same thing in energy, but the start of it is 
getting the economics right, and if we do that, Mr. Speaker, I think we 
can help change the energy insecurity of the United States into energy 
security. It all starts with economics and with free enterprise making 
it happen.

                          ____________________




                      U.S. STRATEGY IN AFGHANISTAN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
  Mr. JONES. Mr. Speaker, just last week, the House approved a $96.7 
billion spending bill that provides funding for our military operations 
in Iraq and Afghanistan. I joined many of my House colleagues in voting 
for this funding. Our men and women in uniform and troops in the field 
deserve the best training and equipment our Nation can provide.
  While America's military personnel faithfully conduct their mission 
abroad, elected officials here in Washington should take seriously 
their responsibility to develop a viable, long-term strategy for these 
operations. I have always voiced my support for the United States 
military action to topple the Taliban in Afghanistan following the 
tragedy of September 11. Yet, nearly 8 years later, I am concerned that 
the United States has not articulated a clear strategy for victory or 
an end point to our efforts in that country.
  Because of this concern, I join more than 70 Members of Congress in 
cosponsoring H.R. 2404, Congressman Jim McGovern's legislation to 
require the Secretary of Defense to submit a report to Congress 
outlining the exit strategy for the United States military forces in 
Afghanistan. Without focus and targeted objectives, adding more 
manpower to our efforts in Afghanistan could cause the United States to 
go the way of many great armies and leave our troops in never-ending, 
no-win situations.
  Many world leaders have noted that military action in Afghanistan 
alone is not going to free us of terrorism. Colonel Douglas McGregor, a 
veteran of Vietnam, put it well when he recently wrote for the Armed 
Forces Journal: ``When national military strategy fails to answer the 
question of purpose, method and end state, military power becomes an 
engine of destruction, not just for its intended enemies but for its 
supporting society and economy, too.''
  The United States continues to devote its blood and treasure in 
Afghanistan while the Afghan Government has yet to purge itself of many 
who are funneling support to the Taliban. Meanwhile, here at home, 
money and manpower are needed to address our Nation's serious economic 
concerns and to protect our citizens from the violence at our southern 
border with Mexico where drug wars are growing more dangerous every 
day. Given the problem our Nation faces at home, we need to make wise 
decisions about how we spend our money and military resources abroad.
  Andrew Basevich is a West Point graduate, a retired Army colonel, a 
Vietnam and Gulf War veteran, a professor, and a military historian. 
Mr. Speaker, he is also the father of a son who gave his life in Iraq 
in 2007. In an article he wrote for the American Conservative, titled 
``To Die for a Mystique: The Lessons our Leaders didn't Learn from the 
Vietnam War,'' I quote Mr. Basevich: ``Americans today profess to 
`support the troops,' but that support is a mile wide and an inch deep. 
It rarely translates into serious or sustained public concern about 
whether those same troops are being used wisely and well. With the long 
war already this Nation's second most expensive conflict, trailing only 
to World War II, and with the Federal Government projecting trillion-
dollar deficits for years to come, how much can we afford, and where is 
the money coming from? The President who vows to `change the way 
Washington works' has not yet exhibited the imagination needed to 
conceive of an alternative to the project that his predecessor began.''
  Mr. Speaker, again, that is from the father of a son who died in 2007 
for this country. It is essential that the President work with his 
military commanders and with the Congress to develop the best strategy 
for achieving our goals and for wrapping up our military commitment in 
Afghanistan. I hope that many of my colleagues in both parties will 
join me in cosponsoring Congressman McGovern's legislation, H.R. 2404.
  Before closing, I ask God to please bless our men and women in 
uniform. I ask God to please bless the families of our men and women in 
uniform. I ask God, in his loving arms, to hold the families who have 
given a child, a child who has died for freedom in Afghanistan and 
Iraq. I close three times by asking God: Please, please, please, God. 
Continue to bless America.

                          ____________________




                      THE STEAMROLLER OF SOCIALISM

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Georgia (Mr. Broun) is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Speaker, this week, the Energy and Commerce 
Committee will take up a bill that will put a huge tax on every single 
family in America--rich, poor and in between. It's going to hurt the 
people who can afford this tax the least--the poor, the retirees who 
are on a limited income. It has been estimated that this tax is going 
to increase the tax burden on every single family by over $3,000. Most 
families in this country can't afford to pay an extra $3,000 in taxes. 
Not only that, it is going to raise the cost of every single good and 
service in America. Food is going to go up. Medicine is going to go up. 
Health care insurance is going to go up. Everything in this country 
will go up because it's an attack on the energy producers and on the 
energy consumers in America.
  We have got to stop it. The American people need to understand what 
this is all about. It's not about cleaning up the environment. It's 
about creating more revenue for the Federal Government to grow a bigger 
Federal Government, a bigger socialistic government. We are taxing too 
much. We are spending too much. We are borrowing too much.
  What this will do is it will steal our grandchildren's future. It is 
immoral. The people who are promoting this should be ashamed of 
themselves. We've got to stop it, and the American people need to stand 
up and say ``no'' to this tax-and-trade. I call it tax-and-

[[Page 12707]]

cap. A lot of people on our side call it cap-and-tax. It's about 
taxing. It's about more revenue for the Federal Government. It's about 
just taking money from people who cannot afford to give money to the 
Federal Government. It's about promoting an agenda that FDR followed 
during the Great Depression that extended deep into the recession and 
depression during that time. That is exactly what I believe is going to 
happen to our economy if we go down this road.
  We have a steamroller of socialism being driven by Nancy Pelosi and 
by Harry Reid, and it's being fueled by the administration and Barack 
Obama. The American people need to put a stop sign and speed bumps in 
the path of this steamroller. We see the federalization and the 
nationalization of the financial services industry. We see car 
dealerships being closed by this administration. That's 
unconstitutional. It has never been done in the history of this Nation, 
and we need to stop it.
  We see this administration and the Congress wanting to socialize 
health care, making a Washington-based health care system that is going 
to take away patients' choices. It's going to increase the cost of all 
health care. It's going to destroy the quality of health care in 
America. We've got to stop it, and it's up to the American people to do 
so by contacting their Members of Congress and saying ``no.'' We have 
to develop a grassfire of grass-roots support all over this country to 
say ``no'' to this steamroller of socialism.
  Former U.S. Senator Everett Dirksen at one time said, when he feels 
the heat, he sees the light. The American people need to put the heat 
on Members of Congress in the House and the Senate and say ``no'' to a 
Washington-based health care system. Say ``yes'' to a patient-based 
health care system that the Republicans and, in fact, in our office are 
generating. We need to change the health care financing system, but it 
needs to be patient-based, not Washington-based. It needs to be based 
on choice by patients where decisions are made within the doctor-
patient relationship, not made by some bureaucrat in Washington, DC.
  So we have got to put a stop to this. We are stealing our children's 
future. We are going to destroy what this country was built upon. This 
country was built upon a free market system, and we are taking over the 
free market system here in Washington and are making it all socialized, 
all Washington-based. So it's up to the American people to say ``no.'' 
I encourage you to contact your Congressman, your Senator and say 
``no'' to this cap-and-trade bill. Say ``no'' to socialized medicine 
and what is being promoted by the Democratic majority. Say ``no'' to 
this socialization of all of our market system.
  We've got a picture of exactly where we're going. All we've got to do 
is look in Venezuela. We are going down the same track that Venezuela 
is going down. We see the end results, too. We've got a clear picture 
of that. All we have to do is look at East Berlin during the time that 
the wall was there under Communist rule. All we have to do is look at 
Cuba today, and we see where this country is headed if we don't put a 
stop to it.
  It's up to the American people. So please, folks out there, say 
``no'' to this steamroller of socialism and ``yes'' to a free market 
solution to all of these problems so that we can build a stronger 
economy. We have to leave dollars in the hands of small businesses to 
create jobs and to buy inventory. That's what, as Republicans, we are 
proposing. So, please, American people. Say ``no'' to this steamroller 
of socialism.

                          ____________________




                        CBC FOCUS ON HEALTH CARE

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentlewoman from Ohio (Ms. Fudge) is recognized 
for 60 minutes as the designee of the majority leader.
  Ms. FUDGE. Thank you very much, Mr. Speaker. Good evening.
  Mr. Speaker, I am here this evening to anchor the hour for the CBC 
for our Special Order tonight, which will be health care.
  The Congressional Black Caucus, the CBC, is proud to anchor this 
hour. The CBC is chaired by the Honorable Barbara Lee from the Ninth 
Congressional District of California. My name is Congresswoman Marcia 
L. Fudge, and I represent the 11th Congressional District of Ohio.
  CBC members are advocates for families nationally, internationally, 
regionally, and locally. We continue to work diligently to be the 
conscience of the Congress. We stand firm as the voice of the people, 
and we provide dedicated, focused service to the citizens and to the 
congressional districts that elected us to Congress.
  The vision of the founding members of the Congressional Black Caucus 
is to promote the public welfare through legislation designed to meet 
the needs of millions of neglected citizens. It continues to be a 
beacon and focal point for the legislative work and political 
activities of the Congressional Black Caucus today.
  Tonight, the CBC will focus its attention on health care reform. 
Specifically, we must ensure access to quality health care for all 
Americans. We must control health care costs and eradicate health care 
disparities.
  At this time, Mr. Speaker, I yield to our Chair, the gentlelady from 
California, the Honorable Barbara Lee.

                              {time}  2000

  Ms. LEE of California. Thank you for yielding.
  Let me say once again as Chair of the Congressional Black Caucus how 
grateful I am to Congresswoman Marcia Fudge, the gentlelady from Ohio, 
for continuing to lead our Special Orders on Monday evening and for 
continuing to keep our caucus very focused on the key issues addressing 
and facing our Nation today. And also let me thank you for your 
sacrifices and everything you do each and every day to make sure that 
this hour is solidified so the rest of the country really understands 
the Congressional Black Caucus's agenda as the conscience of the 
Congress. Thank you, Congresswoman Fudge.
  Let me thank and acknowledge our colleague, Congresswoman Donna 
Christensen, who Chairs the Congressional Health Caucus Health Brain 
Trust and also serves as the second vice Chair of the Congressional 
Black Caucus. She has been such a phenomenal leader in leading the 
House of Representatives and, really, our country to address racial and 
ethnic disparities, health disparities in our country.
  Let me take a moment to thank Representative Danny Davis who co-
chairs the Congressional Black Caucus' Health and Wellness Taskforce 
along with Congresswoman Christensen. Together they have developed a 
very comprehensive set of principles with regard to health care reform, 
and I would like to insert, Mr. Speaker, a copy of those principles for 
the Record this evening.

Congressional Black Caucus Health and Wellness Taskforce Benchmarks for 
                           the 111th Congress

       1. Every measure must apply equitably to American Indian 
     tribes and the Territories.
       2. The elimination of health disparities of any population 
     group must be a central goal of any healthcare reform 
     process, and the process must be coordinated within HHS and 
     across all agencies at the state, local and community levels.
       3. Coverage and every other provision must extend to 
     everyone residing legally in this country.
       4. Communities must be engaged from the identification of 
     the challenges to the crafting of solutions and their 
     implementation. They must receive the funding, education and 
     technical assistance to fully carry out this role.
       5. In this process, health and health care must be 
     comprehensive and include mental and dental health services 
     fully and equitably with physical health.
       6. Creating and expanding a diverse workforce on all levels 
     must be a priority, and these efforts must begin in concert 
     with efforts to improve K through 12 education and with 
     outreach efforts beginning at least in junior high school 
     with underrepresented minorities including those with 
     disabilities.
       7. There must be increased focus and spending on 
     prevention, irrespective of any offset.
       8. Recognizing that the traditional ``medical home'' has 
     been the office of the family and other primary care 
     provider, efforts must be undertaken to increase their 
     numbers and their reimbursement and they must be an integral 
     part of the implementation of this program.

[[Page 12708]]


       9. Health information technology (HIT) must be an integral 
     part of any reform effort and access to it by all providers 
     must be supported where needed so that every provider and all 
     communities enjoy its benefits and savings. Additionally, all 
     HIT systems included and subsequently implemented must ensure 
     patient privacy, as well as robust penalties for any 
     violation of such privacy.
       10. There must be an increase in research that is community 
     based, looks at the causes of disparities and includes 
     minorities in clinical trials. Beneficial findings must be 
     fast tracked into practice.
       11. The collection of data by race, ethnicity, language, 
     geography and socioeconomic factors must be mandated and 
     uniform.
       12. Reform must be done within the context of and include 
     provisions that address the social, ambient and built 
     environmental issues affecting health.

  Also, let me thank and recognize Congresswoman Eddie Bernice Johnson 
who brings a wealth of knowledge and expertise to this health care 
debate. As a registered nurse, she has been very involved in health 
care reform for many, many years.
  First, let me just say as one who personally supports a single-payer 
form of universal health care, I also believe that health care must be 
and should be a fundamental human right. But I also know that whatever 
form health care reform takes, that we must have a public option very 
similar to that of Medicare.
  Forty-seven million people lack health insurance in America, and 
although racial and ethnic minorities account for about one-third of 
the American population, they account for about half of the uninsured. 
In my district alone in Alameda County--and also throughout the 
country--there are very profound inequities in health insurance 
coverage between various racial and ethnic groups. Among non-elderly 
adults 18-64 years of age, Latinos are five times as likely as whites 
to be uninsured; African Americans and Asian-Pacific Islanders are also 
more likely than whites to be uninsured.
  And because medical costs have been steadily rising, medical bills 
are the number one cause of bankruptcy in the United States. In today's 
economic climate with unemployment numbers--for instance, in my own 
State of California reaching over 11 percent--that means that millions 
more are falling into bankruptcy every day, and, of course, that means 
millions more are losing their health care coverage. And, of course, 
African Americans, Latinos, Native Americans and Asian-Pacific 
Islanders, unfortunately, are disproportionately affected.
  The statistics are irrefutable. African American women are nearly 
four times more likely to die during childbirth than white women from 
pregnancy complications. Nearly half of all those living with HIV and 
AIDS in the United States are African Americans, and the AIDS rates for 
African Americans are nearly 10 times that of whites. And a recent 
study by the CDC found that nearly one in two young African American 
girls is infected with one of the four more commonly sexually 
transmitted infections as opposed to one in four among the general 
population.
  African Americans are two times more likely to have diabetes than 
whites, and African Americans are nearly 3\1/2\ times more likely than 
whites to have an amputation as a result of the diabetes. African 
American men with colon cancer are more than 40 percent less likely 
than white men with the same condition to receive major diagnostic and 
treatment procedures. While medical science has made a lot of advances 
over the last 10 years, the gains made by the discovery of new drugs 
and treatments have not passed on to all segments of our population.
  For example, going back to my own district in Alameda County in 
California, from 2001-2003, we had an average rate of 2,033 people die 
of coronary heart disease, a mortality rate of about 160 per 100,000 
people. Across every category, African American men and women in my 
district had higher mortality rates than any other group: 286 per 
100,000 for African American men and 199 per 100,000 for African 
American women. While the overall mortality rate has declined in my 
district by 7 percent since 1998, the gap, mind you, the gap between 
African Americans and the overall county rate has grown dramatically. 
In 1990-1991, the African American rate was 16 percent higher than the 
county rate. In 2002-2003, it was 50 percent higher. Something is 
seriously wrong.
  The story is the same with cancer and with diabetes, and these 
statistics are not only in my district but they are reflected 
throughout the country and all of our Congressional Black Caucus, 
Congressional Hispanic Caucus, and Congressional Asian-Pacific American 
Caucus members' districts. It is a shame and a disgrace.
  This is a serious health care crisis that warrants a clarion call 
immediately. Our Nation has failed to guarantee what is often federally 
funded, health research, which fully benefits everyone across the 
Nation.
  So that is why we're here tonight, Mr. Speaker, to speak with 
clarity, with one voice, to demand health care reform now and to demand 
an end to the factors that perpetrate racial and ethnic health 
disparities in this country. We can't do one without the other.
  I'm sure that Congresswoman Dr. Christensen is going to review 
tonight the Health Equity and Accountability Act. Let me mention a 
couple of the provisions. It will bolster efforts to ensure culturally 
and linguistically appropriate health care and remove language and 
cultural barriers to health care; it will improve workforce diversity; 
it will strengthen and coordinate data collection; it will ensure 
accountability and improve evaluation, and it will improve health care 
services in general. This is the Health Equity and Accountability Act 
which Congresswoman Christensen has worked so hard on with our tri-
caucus for several years. It will help put our country back on track to 
eliminating health disparities in our country. So I must applaud again 
Congresswoman Christensen and her staff for spearheading the 
development of this initiative, and I look forward to its introduction 
in the next few weeks.
  Finally, let me just say we all know that the profit motive has 
driven the health care industry. It should not be an industry. It's an 
industry that has rewarded and provided profits for the wealthy and for 
the insurance industry; yet it's been, unfortunately, at the expense of 
the people it's intended to serve.
  And so as the conscience of the Congress, we are insisting that the 
public health option or a public health option similar to Medicare be 
part of any health care reform package and that closing health care 
disparities be part of any health care reform effort. These are central 
principles that we are making sure our perspective incorporates as it 
relates to whatever health care bill that comes out because, quite 
frankly, we can't have some of the same old business in the health care 
business.
  So thank you again, Congresswoman Fudge, for this evening. And let me 
just say we're sounding the alarm once again that members of the 
Congressional Black Caucus, we're not going to stand for any health 
care bill that doesn't include closing health care disparities which 
our community, unfortunately, has suffered under since our presence 
here in the United States of America.
  Thank you very much, Congresswoman Fudge.
  Ms. FUDGE. Thank you, Madam Chair, and thank you for your leadership 
and your vision as well as your focus.
  Mr. Speaker, I would now like to turn the podium to my colleague from 
the State of California, the gentlelady from California, Diane Watson.
  Ms. WATSON. Thank you, Ms. Fudge. And, Mr. Speaker, I'm here along 
with my colleagues to speak about health care.
  As we all know, the United States is the only industrialized Nation 
not to offer universal health care to its citizens. Currently, there 
are over 47 million people without health insurance, and as a Nation, 
we are facing a health care crisis.
  Also, due to the ailing economy, the number of uninsured is on the 
rise as many Americans have lost their access to employer-based health 
care. We are

[[Page 12709]]

aware that all Americans need access to quality health care. Many of us 
for years have repeatedly called for a national solution to the health 
care crisis, especially those of us who are deeply concerned about 
health care disparities in minority communities. For years we have 
continually noted how minorities are less likely to have quality health 
care.
  For example, one-third of all African Americans lack comprehensive 
health care, but health care is not just a minority issue. Just this 
past weekend, thousands of students graduated from colleges and 
universities around the country. They walked across the stage to grasp 
their diplomas in return for their hard work, achievement, and their 
health insurance card. For those of us in California, we are blessed 
that children can remain on their parents' health insurance plan until 
they are 25 years old, but this is not the case in many States. Can you 
imagine overnight thousands of graduates who have not been able to find 
jobs in this struggling economy have now become uninsured? Yes, young 
people may be the healthiest portion of the population, but they, too, 
at some point will fall ill.
  This past weekend's graduations have made me realize how necessary it 
is to act quickly. That is why I support universal health care and H.R. 
676. We have twiddled our thumbs long enough, and now it's time to act 
as quickly as possible to give all Americans the right to quality 
health care.
  Now, I want to talk about another health issue that is very close to 
my heart, the issue of mercury amalgams. Dentists have been using 
silver dental fillings for over 150 years without informing consumers 
that these silver fillings are actually more than 50 percent mercury. A 
2006 poll showed that 78 percent of American people are not aware that 
mercury is the majority component in silver fillings. Congress has 
acted to remove mercury from public schools in the form of 
thermometers, the Environmental Protection Agency warns the public when 
mercury levels are high in certain fish. However, the Food and Drug 
Administration has done nothing to warn consumers of the risk of 
mercury in their mouth.
  Mercury is a known neurotoxin. It can harm the mental development of 
a fetus and children. Mercury vapors from dental fillings can enter the 
blood stream and cross the blood-brain, barrier. In an expecting 
mother, mercury can pass through the placenta into the fetus, 
potentially causing neurological damage. For example, autism in young 
children has been linked to mercury exposure. In adults, studies are 
beginning to show mercury as the root of neurological diseases such as 
Alzheimer's. I will admit that more studies are needed to strengthen 
the relationship between mercury and neurological illness. The studies 
that have been done thus far have been woefully shortsighted and have 
failed to look at the long-term effects of mercury fillings in children 
and adults. Rather, they have focused on only 2 or 3 years of an 
individual's life.
  I support more research on the subject. However, I do not support 
watching more Americans becoming ill without the knowledge of the 
potential health risk caused by mercury. The burden of proof is on the 
producers of mercury amalgam and on the dentist. If there is a chance 
that mercury is toxic to consumers' health, the consumer has the right 
to know.

                              {time}  2015

  In the coming months, I will be introducing a bill about the effects 
of mercury amalgam fillings and its potential health risks. I hope that 
you will support me in making consumers more aware of this critical 
issue.
  Ms. FUDGE. I thank the gentlelady from California. I would now, Mr. 
Speaker, like to yield to my colleague, the gentleman from Virginia 
(Mr. Scott).
  Mr. SCOTT of Virginia. I thank the gentlelady from Ohio for 
organizing this opportunity for us to discuss health care.
  Access to quality, affordable health care is critical to the well-
being of all Americans today and in the future. We are seeing millions 
of Americans suffering from illnesses that could have easily been 
prevented with basic preventive health care, but people did not seek 
that care because they didn't have health insurance. In fact, 46 
million Americans lack health insurance, and tens of millions more lack 
health coverage during some part of the year.
  In these tough economic times, we must seek to provide universal 
health care and must seek to reduce the cost of health care insurance, 
especially for children and pregnant women. We also must address other 
health concerns, such as the health disparity that exists between 
racial and ethnic minorities and the need to fund cutting-edge research 
to find cures for diseases.
  We also need to strengthen the Medicaid and Medicare systems and give 
patients the tools needed to challenge the decisions of all health 
insurers. Only through action in these critical issues can we meet the 
pressing health care needs of our Nation.
  Providing health care for all and reducing the costs of health care 
will relieve the financial strain on all families and businesses. It 
will also go a long way to addressing the racial disparities in health 
indicators in this country because minorities, as it's already been 
said, are less likely to be covered by health insurance than others.
  On child health, one of the first actions of this Congress was the 
passage of the Children's Health Insurance Program, the SCHIP, where we 
were able to provide coverage for 7 million children already covered by 
SCHIP, plus an additional 4 million more. While this was a good step in 
the right direction, it is not enough, because 5 million children are 
still left without health insurance.
  That's why I introduced legislation that would provide health 
insurance for all children, the All Healthy Children Act, which was 
endorsed by the Children's Defense Fund as a logical, achievable, and 
incremental next step to closing the child health coverage gap. This 
proposal would ensure that all children and pregnant women are covered 
by expanding the coverage of both Medicaid and the SCHIP programs by 
eliminating the procedural red tape that currently prevents them from 
being covered by either program. This comprehensive program will 
include all basic health care coverage, as well as coverage for mental 
health, prenatal, and well-child care.
  Mr. Speaker, our health care system is unfortunately riddled with 
inefficiencies, excessive administrative expenses, inflated prices, 
poor management, and inappropriate care and waste. These problems 
significantly increase the cost of medical care and health insurance 
for employers and workers and affect the security of the financial 
security of our families. We all know that reforming health care is not 
going to be easy, but we have a good opportunity now to finally reform 
the health care system by cutting costs, protecting families from 
bankruptcy or debt because of medical costs, investing in prevention 
and wellness, and improving patient safety and quality of care.
  We have taken the first step in reforming our health care system by 
passing a Federal budget for fiscal year 2010 that includes more than 
$630 billion to establish a reserve fund to finance fundamental health 
care reform that will first bring down health care costs and then 
expand coverage.
  The budget does a number of things. It accelerates the adoption of 
health care information technology and expansion of electronic health 
records.
  The budget expands research comparing the effectiveness of medical 
treatments to give patients and physicians better information on what 
works best.
  It invests over $6 billion for cancer research at the National 
Institutes of Health as part of the administration's multiyear 
commitment to double cancer research funding.
  It strengthens the Indian health system, which sustained investments 
in health care services for American Indians and Alaska Natives to 
address persistent health disparities and foster healthy Indian 
communities.

[[Page 12710]]

  It invests $330 million to increase the number of physicians, nurses, 
and dentists practicing in areas of the country experiencing shortages 
of health professionals.
  It supports families by providing additional funding for affordable, 
high-quality child care, expanding Early Head Start and Head Start, and 
creating the Nurse Home Visitation program to support first-time 
mothers.
  It strengthens the Medicare program by encouraging high quality and 
efficient care and improving program integrity.
  And finally, it invests over $1 billion for Food and Drug 
Administration food safety efforts to increase and improve inspections, 
domestic surveillance, laboratory capacity, and initiatives to prevent 
and control food-borne illnesses.
  Mr. Speaker, for years we've been at a stalemate in Congress and 
haven't been able to enact real health care reform. As a Nation, we are 
already spending more on health care than any other Nation. We spend a 
higher percentage of our GDP. We spend a higher amount per capita, and 
yet by any measure, by any of the health indicators, we are still in 
poor health, and we still suffer from significant disparities in 
different parts of our population.
  So we're already paying for health care. What we need to do under the 
present administration and Congress is to finally do more than talk 
about health care reform and actually do something about it.
  Mr. Speaker, I'm delighted to have this opportunity and, again, want 
to thank the gentlelady from Ohio for organizing this Special Order.
  Ms. FUDGE. I would like to, Mr. Speaker, again thank Representative 
Scott for his vision. To put in place an act that really does address 
the needs of babies and children is very significant for this Congress, 
and I thank you as well.


                             General Leave

  Ms. FUDGE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on health care reform.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Ohio?
  There was no objection.
  Ms. FUDGE. Mr. Speaker, I would now like to yield to my colleague, 
the gentleman from New Jersey (Mr. Payne).
  Mr. PAYNE. Mr. Speaker, let me begin by thanking the gentlelady from 
Ohio, Congresswoman Marcia Fudge, for anchoring this evening's Special 
Order on health care. I want to say that her continued diligence in 
bringing issues that confront our Nation, in general, but African 
Americans, in particular, week after week has been a great addition to 
our Congressional Black Caucus, and let me commend you again for your 
diligence.
  Ms. FUDGE. Thank you.
  Mr. PAYNE. I want to also recognize our distinguished Chair of the 
CBC Health Brain Trust, Congresswoman Donna Christensen, for her 
leadership in health care debates and for introducing legislation which 
you will hear about tonight which will address the root causes of our 
Nation's health disparities and the crisis that we find ourselves in.
  You've heard from other Members, Congressman Scott, Congresswoman 
Barbara Lee, and you will hear from others tonight, because health care 
is one of the most important issues that confronts our Nation in 
general, as I mentioned before, but in particular, communities of 
minorities, whether they be black, Hispanic, Native American, foreign 
born.
  Mr. Speaker, I join and I am pleased to join the other Members 
tonight to talk about the costs, health care access, the lack of it, 
the need for quality care, and the eradication of health disparities 
which are so important to us.
  Our Nation's health care costs are increasing rapidly. In 2007, the 
United States spent $2.2 trillion on health care. We also spent twice 
as much on health care than any other developed countries.
  In 2006, the U.S. spent $6,714 per capita on health care, more than 
double that for any country in the Organization for Economic 
Cooperation and Development, OECD, with an average of $2,915, and these 
are developed nations in the world.
  Our health care quality system compares poorly to other developed 
nations. For example, the U.S. ranks 22nd out of 30 OECD countries on 
life expectancy. We have the third highest infant mortality rate in 
OECD countries, with 6.9 deaths per 1,000. Only Mexico and Turkey have 
worse infant mortality rates.
  As alarming as that is, though, if we take out the infant mortality 
rate for African Americans, it's astounding. If you take the city of 
Minneapolis, 9.2 per 1,000; Seattle, 10.3; Los Angeles, 10.1; Phoenix, 
12.9--that's per 1,000 live births in the African American community--
Detroit, 17.3 deaths, when 6.9 deaths are in OECD countries. My own 
city, 15.5. It's an abomination. It's wrong. It should not be in a 
Nation, a developed Nation of this--13.6 in Philadelphia; and the 
Nation's capital, 14.4; Charlotte, 14.1; Orlando, 13.8; New Orleans, 
13.2; Miami, 11.8, when it's 6.9 in OECD countries.
  And so we really have to talk strongly about health care reform, and 
we have to go into the disparity of health care in our communities. The 
costs of health care are straining American families' pocketbooks. Half 
of all personal bankruptcies are at least partly the result of medical 
expenses. More than 80 percent of the 47 million Americans in this 
country are uninsured, and these are many working families.
  Mr. Speaker, there is strong support for comprehensive health care 
reform. In fact, a solid majority of the public, 59 percent, believes 
health care reform is more important than ever. Sixty-seven percent of 
all Americans favor a public health insurance option similar to 
Medicare to compete with the private health insurance plans, and I am a 
strong supporter of that public health insurance option.
  Mr. Speaker, I believe that our Nation's health is its most precious 
asset; however, health disparities plague this country and lead to 
deteriorating conditions for millions of Americans. Because of 
deficiencies in health insurance and health care access, minorities 
suffer at greater rates and greater levels of severity from health-
related issues than their like counterparts.
  Education and awareness alone cannot combat these issues. While 
vigilance and groundbreaking health research have reduced the incidence 
of death and illness among white Americans, health statistics on 
minorities remain staggering. Even though deaths caused by breast 
cancer have decreased among white women, African American women 
continue to have higher rates of mortality from breast and cervical 
cancer.
  While the national HIV and AIDS mortality rate lessens, this disease 
remains a leading cause of death among African American men. In 2002, 
more than 2.5 times more African American newborns died than white 
newborns at that time.
  Research shows that quality health care could eliminate some of these 
health-related issues and reduce the onset of others. Unfortunately, 
especially during the current state of the economy, health insurance 
and quality health care continues to be widely unavailable.

                              {time}  2030

  I represent one of the most expensive States for health care. In New 
Jersey, health care and health insurance remain out of reach for many 
low-income citizens--a large percentage of them living in my 
congressional district.
  Many of my constituents are aware of habits and actions that lead to 
health complications. Despite awareness efforts, non-Hispanic black 
males and females continue to have the highest prevalence of 
hypertension. Diabetes disproportionately affects the ethnic and racial 
minorities. Heart disease is the leading cause of death in the United 
States for African Americans. Its prevalence is double that of the 
broader community.
  Access to health care and the lack of health insurance prevents even 
some of the most knowledgeable from avoiding illness.

[[Page 12711]]

  In conclusion, on May 9, Congresswoman Christensen and the 
Congressional Black Caucus Foundation cosponsored a Health and Wellness 
Expo in my district. It began on Friday evening. We were fortunate 
enough to have Congressman Albio Sires and Congressman Ed Towns join 
Congresswoman Christensen in my district. That was on May 8th. The next 
afternoon, the next day, Congresswoman Clarke came to the district to 
the Health and Wellness Expo.
  We served over 400 people, with an overwhelmingly positive response 
to screenings and workshops, where people were told on the spot that 
they should immediately see a physician. I know that we saved the lives 
of many people because we had screenings of blood pressure and a bone 
marrow drive and bone density and cholesterol and depression. We had a 
screening for diabetes and glucose. We had a glaucoma screening. HIV/
AIDS screening was held, kidney disease, oral and dental, and on and 
on.
  I, again, would like to thank Donna Christensen, our Congresswoman 
who heads our Health Brain Trust, for her being there. This is the 
third time she's been to my district. We have a serious problem in my 
district, but I will continue to work to bring those statistics down. 
They should not be the way they are.
  So, Mr. Speaker, our society's institutions, from government to 
business to not-for-profits, must provide opportunities to bring 
affordable and quality health care to all Americans. More importantly, 
I believe that our society's leaders and major institutions must create 
incentives and lower barriers so that individuals and families can take 
steps to achieve healthier lifestyles. Finally, in order to reduce the 
cost of health care, there must be an increased focus on spending for 
prevention.
  Mr. Speaker, I look forward to working with my colleagues on both 
sides of the aisle to develop policies that will improve the delivery 
of our health system in the most effective and efficient way that we 
can.
  With that, thank you once again, Congresswoman Fudge, and thank you, 
Congresswoman Donna Christensen, for the outstanding work that you are 
both doing.
  I yield back the balance of my time.
  Ms. FUDGE. Thank you, Mr. Payne. Thank you for always continuing to 
fight for those who are most in need.
  Mr. Speaker, I would, at this time, yield to the gentleman from 
Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. First of all, I want to commend Representative 
Marcia Fudge for the tremendous leadership that she continues to 
display each and every week by hosting, organizing, convening, and 
giving all of us the opportunity to discuss issues that are pertinent 
to all of America, but especially to the African American community.
  I also want to commend Representative Donna Christensen for the 
outstanding leadership that she has displayed for a number of years as 
chairperson of the Congressional Black Caucus Health Brain Trust, and 
all of the members who consistently try and protect, promote, and 
project the health care needs and opportunities that should exist for 
all of us in America.
  We are poised right now to do serious health reform. I want to 
commend President Obama for having the courage to tackle one of the 
most pernicious issues of our day, and that is the issue of trying to 
make sure that each and every American, that each and every one of our 
citizens have the opportunity to receive cost-effective, as 
comprehensively as we can provide it, quality health care that is 
culturally competent, provided by individuals who understand their 
needs and individuals that they can understand instructions and what is 
being given.
  We are about to do something that has been needed, and that is we're 
going to expand--and I'm confident that we will do it. No matter which 
option people look at, no matter what kind of coverage they suggest, 
that when we finish, we're going to have the best health care delivery 
system that this country has ever seen.
  In many instances, I don't think that we have to reinvent the wheel. 
Yes, there are large numbers of uninsured individuals in our country, 
probably about 50 million of them, and some of those individuals, no 
matter what plan we come up with, are going to be covered. But just as 
important as coverage--just as important are the delivery mechanisms 
and systems which are provided.
  I often say to people that as far as health care improvement, I don't 
think anything has done much more than Medicare, Medicaid, and the 
development of community health centers and community mental health 
centers. And so any plan or system that we come up with, I hope that we 
will expand community health centers, because as deliverers of primary 
care, I don't think that there's anything in America that has done a 
more effective job for low-income people than what these institutions 
have done.
  In addition to that, I would hope that we take a hard look at nursing 
home care. What happens to people once they begin to reach the 
``golden'' ages? What happens to them as they have given every measure 
of devotion that they could possibly provide for their country? We need 
to make sure that they don't languish in some place.
  One of the proudest things in my family is the fact that we decided, 
for example, that neither one of our parents would have to experience 
that kind of care. My mother was an invalid for about the last 10 or 12 
years of her life. But, of course, we decided that she would stay at 
somebody's house, in somebody's home, and that we could be assured. I 
think that every senior citizen should have the assurance of knowing 
that they're going to be cared for.
  I don't want us to forget those individuals with disabilities, those 
individuals who are sometimes shunned aside, who are not perceived as 
being a part of the mainstream population. And so in order to be 
effective, health care reform must be quite comprehensive.
  I know that our committees on Energy and Commerce, Ways and Means, 
Education, all of these committees are working jointly together to come 
up with the kind of plan that the President is going to be proud of.
  So, again, Representative Fudge, I want to commend and thank you for 
the opportunity to be here, and I want to thank, again, my classmate 
who has led the charge, and that's Representative Donna Christensen, 
who, for so many years, has been the caucus' point person on health 
care. And we're going to make health care in this country a right so 
people will understand that it does not have to be a privilege. I thank 
you all so much.
  Ms. FUDGE. Thank you, Mr. Davis. I just want to say that you have 
always talked of the need to make sure that we have community health 
clinics and how it probably does in many ways serve our communities 
better. I thank you for discussing that with us this evening.
  Mr. Speaker, I would now like to yield to the person that we have all 
talked about this evening, our go-to person, our expert, our Chair, and 
the person that we really do look to as we tackle health care, and that 
is my colleague from the Virgin Islands, Dr. Christensen.
  Mrs. CHRISTENSEN. Thank you, Congresswoman Fudge. I just want to add 
my word of thanks and commendation for the way that you bring us 
together every week on Monday evenings to discuss issues of importance, 
not just to the African American community or communities of color, but 
issues of importance to our entire country.
  I want to thank my colleagues for their kind words. I did have the 
opportunity to visit with Congressman Payne in his district. It was a 
wonderful event, very well attended, and the people who came, I know, 
really benefited from what he and his staff and others in the community 
came together to provide.
  And Congressman Scott, who's been working on SCHIP, but he also has 
worked tirelessly on another issue that's not always seen as a public 
health issue, but it is a public health issue, and that's the issue of 
juvenile violence among our young people, and

[[Page 12712]]

working to prevent that. We look forward to continuing to work with him 
on the PROMISE Act and other legislation that he has introduced.
  Of course, Congressman Davis is my co-Chair on the Health Brain 
Trust, so I share all of the accolades with him, as he has long been 
working in the area of health care.
  This weekend I had the honor of giving the commencement address at 
LSU Health Sciences Center in New Orleans, Louisiana. I want to 
recognize and congratulate the 546 graduates. As we look to health care 
reform, we're wondering where the health care personnel are going to 
come from. The LSU Health Sciences Center made a great contribution in 
doctors, nurses, dentists, health researchers, and allied health.
  We commend them, and we commend them not just on graduating and 
completing their coursework, but I want to commend them especially 
because, for those who started about 4 years ago, as the medical 
students would have, and others, they started just before Katrina. 
Their school was devastated by Katrina. Some of them had to go to 
classes in other parts of our country to keep their coursework going.
  But the LSU administration, faculty, and staff really pulled together 
when they had very limited help and support to bring their students 
back together and to see to it that they did complete their coursework 
and do great research and be able to move on to very promising careers 
in all of the fields of health.
  So I want to congratulate them and commend them on that. It's good to 
see that they are now in the process of rebuilding some of the 
facilities there and continuing to grow and will be educating another 
cadre of young people and graduating another cadre next year.
  I want to thank our chairlady for our steadfast commitment to the 
issue of the elimination of health disparities as well, as we heard her 
speak to it a few minutes ago.
  I want to just highlight some of the key themes from a report that's 
often overlooked. It's the National Health Care Disparities Report 
that's done by the Department of Health and Human Services. They do it 
every year. It's done by the Agency for Health Research and Quality.
  This is the report for 2008. It's amazing because it really is very 
similar to the report that Surgeon General Heckler did 25 years ago 
when she found that persistent disparities remain and, as she said, was 
an affront to the ideals of this country and the quality of medicine 
that we have here.
  But three key themes emerge in the 2008 report: one, that disparities 
persist in health care quality and access; two, that the magnitude and 
pattern of disparities are different within subpopulations; three, that 
some disparities exist across multiple priority populations.
  As they look at some of these highlights, some of the trends that we 
still see today in communities of color, for blacks and Asians, 60 
percent of the core measures used to track access remained unchanged or 
got worse in that year. That's 60 percent for African Americans and for 
Asians.

                              {time}  2045

  For Hispanics, 80 percent of core access measures remained unchanged 
or got worse in 2008; and for poor populations, 57 percent of core 
access measures remained unchanged or got worse in that year.
  So as we move towards health care reform, the issue of access and 
insurance is very important. As we begin that work when we get back 
from our Memorial Day break, it will be critical that we work arduously 
to remove the 46 million Americans off of the rolls of the uninsured 
and an additional 20 million Americans out of the category of being 
underinsured.
  Studies confirm that more than 5 in 10 or 55 percent of Hispanics, 
and 4 in 10 African Americans were uninsured for all or part of 2007 
and 2008, compared to just 2 in 10 or 25 percent in whites. 
Additionally, in total, more than three in every four people of color, 
76 percent, were uninsured for 6 months or more in 2007-2008.
  I agree with Congressman Davis that we will enact universal coverage 
before the end of this year and bring insurance to every person living 
in this country. But while eliminating uninsurance is critical, it's 
also important that we remember that health and wellness is about more 
than just having an insurance card.
  Only about 20 percent of health disparities can be attributed to 
uninsurance. We have to ensure as well that health equity is an 
integral component of efforts not only to reform but to transform our 
Nation's health care system so that all Americans, regardless of race 
or ethnicity, regardless of whether you live in an urban or rural area, 
regardless of your gender or sexual orientation that you receive 
equitable and appropriate care every single time that it is needed.
  The time to eliminate the current inequities in health and in health 
care is long overdue, and the evidence detailing the impact that they 
have had and continue to have on the health and well-being of Americans 
is staggering.
  In fact, across every chronic condition and every acute disease, and 
across every measure of health care quality, racial and ethnic 
minorities, as you have heard this evening, are disproportionately more 
likely than whites to be on the downside and to be detrimentally 
affected.
  In addition to eliminating uninsurance and achieving health equity 
with comprehensive health reform, we also have to ensure that we 
identify the health policy that exists in every policy, and this is 
something that I want to just focus on for a few minutes.
  We were reminded of this by a Dr. Ogilvie who spoke at our spring 
Braintrust a few weeks ago. From climate and urban planning policies to 
environmental and education policies, from housing and transportation 
policies, from employment and criminal justice policies, every week a 
new study is released that confirms that there is a health policy in 
every policy. So it's not a surprise then that by addressing the health 
repercussions of the policies that are not overtly health-related, we 
are more likely to champion policies that not only complement our 
health care reform efforts but that further improve the health and 
wellness of every person living in this country. And that's where we're 
also going to see some of those savings come about when we address 
health in a very holistic way, not just disease entities but the whole 
community creating cultures of wellness.
  For example, a March 2009 report from Public Health Law and Policy 
explains, the human health aspects of climate change policy by focusing 
on food systems and land use planning, that is, health policy in every 
policy. In their analyses and recommendations, they note that because 
both climate change policy and public health policy ultimately seek to 
improve the lives of people, it is critical that they work towards 
complementary goals and in a complementary manner to have the greatest 
potential to create healthy and sustainable communities and 
neighborhoods.
  You can take that into education if we don't have a strong 
educational system where every child has access to quality education. 
We know that poor education is also linked to poor health. We can never 
build the diverse workforce that we need if we don't have good K-12 
education.
  If you live in substandard housing, it's difficult to be healthy. If 
you don't have access to healthy foods, you cannot adopt those 
lifestyles that are necessary to improving and supporting good health.
  And so insurance for everyone. Universal coverage is important. I 
will work hard with my colleagues to ensure that we get that done, as 
the President has asked, before we go out for the August recess.
  But insurance is not enough. We have to reform the system. We have to 
improve the standard of living in our communities. And then with the 
insurance, with the improvements in the system, with the healthy 
communities, then we can ensure that every American will have access to 
quality health care, and our country will be a stronger and better 
country because of it.

[[Page 12713]]


  Ms. FUDGE. Thank you so much again to our expert, Representative 
Christensen.
  Mr. Speaker, I would like to close this session by saying a few 
things. Dr. Martin Luther King, Jr. said, ``Of all the forms of 
inequality, injustice in health care is the most shocking and 
inhumane.''
  Mr. Speaker, I come from the 11th District of Ohio, a place where 
arguably you can find the best health care providers in the world, but 
still people cannot see a doctor. There is something wrong with what is 
going on in America today.
  Anytime we have a health care system that is more reactive than 
proactive, something is wrong in America today. Anytime we look at a 
health care system whose cost is rising so rapidly that our paychecks 
can't keep up, something is wrong with what is going on in America 
today, Mr. Speaker. If your health is determined by where you are born 
or the neighborhood you live in, something is wrong with what is going 
on in America today.
  And I say to you that the members of this caucus are going to fight 
in every way we know how to ensure that every American, be they rich, 
be they poor, be they minority is going to have a right to have health 
care that is going to be not only affordable but is going to take care 
of their needs in a preventive way, in a cost-effective way and in a 
humane way.
  Because right now if you can get to see a doctor if you are poor, 
they may make you sit in an emergency room for 5 or 6 hours. They don't 
really take you seriously when you come in with serious problems, and 
that is why we have all of these hospitalizations that we really 
shouldn't have because these issues should have been treated early on 
in the process.
  So I say to you, Mr. Speaker, that as members of the Congressional 
Black Caucus, we are determined to make sure that by the time health 
care is approved in this country, every single person who wishes to 
have health care will have it. Every single person who has a job will 
be able to afford it. And for those who are not, we are going to take 
care of those people.
  Now they can call it anything they want to call it, but government's 
job is to take care of its people. That is what we intend to do, and 
that is what we intend to help our President do. We are going to 
continue to fight as hard as we can to make sure that every American in 
every district we serve has health care.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, health care in the 
United States has degraded in accessibility and quality, to the extent 
that we are a nation in crisis. Fundamental change is needed to truly 
make progress toward a healthier America.
  My experiences as a federal legislator--and as a nurse--have provided 
a unique vantage point from which to discuss this issue. During my 
years as chief psychiatric nurse at the Veterans' Administration 
Hospital in Dallas, I have seen, first-hand, the state of affairs of 
our health care system.
  When it comes to mental health, for example, our system is 
particularly weak. Insurers do not provide sufficient or consistent 
coverage of mental health care services. Individuals with mental 
illness must navigate a patchwork of community service providers. Those 
with severe illness often have limited options for care. They end up 
homeless and are victims of a system that does not work. Others may not 
have an employer who understands mental illness. Others may be 
unemployed, and uninsured; or they may work for minimum wage and earn 
``too much'' to qualify for Medicaid. People with mental illness are 
among those least served by our local and national care systems.
  We need relief from the harsh and unfair practices of the health 
insurance industry. We need a guarantee of quality, affordable health 
care for all of us. We need to set and enforce the rules so insurance 
companies put health care above profits. We must be able to keep the 
health care that we have, and in addition, we need the choice of a 
public plan, so we're not left at the mercy of the same private 
insurance companies that have gotten us into this mess.
  It is my belief that we need not re-invent the wheel. We can achieve 
savings and improve value in our current systems of Medicare, Medicaid 
and CHIP--and make them available to anyone who needs coverage. 
Legislation like H.R. 676 makes a strong case for this policy strategy. 
Tonight I would like to share some good suggestions for health care 
reform. A study by the Commonwealth Fund analyzed policy options and 
their economic impact on health care costs. Five major strategies 
emerged, and I think these should be priorities.
  First, we must extend affordable health insurance to all.
  Second, we should offer financial incentives to reward efficiency and 
quality in health care that is provided.
  The third strategy is to ensure that care is accessible, coordinated 
and patient-centered.
  A fourth strategy for a high performance health system is that we 
must set benchmarks for quality and efficiency.
  Last, a reformed health care system must hold national leadership 
accountable, and it must allow for public/private collaboration.
  We can take the best of current models, and lessons learned, and use 
that to reform our health care system. Only then will we begin to 
reduce the health disparities that plague African Americans and other 
minorities.
  Forty-six million uninsured Americans, including 5.7 million Texans, 
need health care coverage.
  The time to act is now.

                          ____________________




                        INEQUITIES IN THE RULES

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Texas (Mr. Carter) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. CARTER. Thank you, Mr. Speaker.
  If you read this statement right here, Speaker of the House Nancy 
Pelosi on November 8, 2006 made this statement, which has been quoted 
quite a bit, ``The American people voted to restore integrity and 
honesty in Washington, D.C., and Democrats intend to lead the most 
honest, most open, and most ethical Congress in history,'' November 8, 
2006. That's a very, very noble goal, a noble goal that unfortunately 
doesn't seem to be being met by the majority.
  I've been here on the floor of the House talking about ethics now and 
talking about basically right and wrong, stuff that anybody can 
understand, I think; that there are just certain things that really 
just by their very nature just don't seem right.
  I credit the American people with an awful lot of common sense, and I 
think that common sense leads them to look at some of the things that 
go on in Washington and say, You know what, that doesn't make sense. 
That's just not right. Something's wrong here.
  Generally when the American people are saying to themselves, That 
doesn't sound right, something's wrong, that's just not the way it 
ought to be, generally they've got a pretty good judgment of what 
they're looking at and what they're hearing.
  It's been my--I wouldn't say duty--but the goal that I've taken on to 
try to point out some of these things. And I started off with a good 
friend, a gentleman named Charlie Rangel.
  Charlie is the chairman of one of the most important committees in 
the House of Representatives, the Ways and Means Committee, the 
taxation committee of the House of Representatives. I actually 
discovered when Mr. Rangel spoke on the floor of the House about the 
fact that he hadn't paid taxes on a piece of Caribbean real estate that 
he owned for a long period of time because he just misunderstood that 
that was income to him and that he had submitted the unpaid past-due 
taxes and would pay any penalties and interest that might be assessed. 
But none had been assessed.
  It just struck me, having been a small-town lawyer and a judge in a 
medium-sized suburban county, that that didn't sound like the IRS that 
most of my friends and neighbors were familiar with. Because most of my 
friends and neighbors were familiar with the IRS that when they just 
didn't pay on April 15 but paid on October 15 of the same year, they 
looked at their tax bill, and along with the taxes was interest and 
sometimes penalties. If they went longer than that, there was even more 
interest and even larger penalties.
  It seemed to me when you're talking about something like 10 years I 
believe, but don't hold me to that--it was in double figures anyway--
when you're talking about the years that Mr. Rangel didn't pay his 
taxes, and it was in

[[Page 12714]]

the sum of, as I recall, it was about $10,000 or $12,000 that he had to 
pay. I don't remember the exact number on that either. But for there to 
be no penalties and interest, when somebody who pays their tax bill 6 
months late, and they only owe maybe $400, $500, and they look down 
there and there's penalties and interest. I thought--and I think people 
listening to that would have thought the same thing--Well, that's not 
right. If everybody else is paying penalties and interest, why isn't 
the chairman of the Ways and Means Committee paying penalties and 
interest? Surely it's not because he's the chairman of the Ways and 
Means Committee and is in charge of overseeing taxation for the House 
of Representatives. Surely that is not the case. But if it is the case, 
then the rest of the world is being treated differently than Mr. 
Rangel.
  So I introduced a bill to this august body to create the Rangel Rule. 
The Rangel Rule is very simple. If you fail to pay taxes for whatever 
reason, and you're willing to pay those past-due taxes, but you don't 
want to pay penalties and interest--even if it's been 10 or 20 years 
that you haven't paid the taxes--just like Mr. Rangel, you can claim 
the Rangel Rule, and you won't have to pay penalties and interest.
  All you basically do is write on your taxes when you pay your taxes, 
``exercising the Rangel Rule,'' and then you will be treated the same 
as the chairman of the Ways and Means Committee, and your penalties and 
interest should be excused.

                              {time}  2100

  Now, a lot of people thought that was funny. And a lot of people 
caught on to it and thought it was a good idea. And it is still here 
looking for signatures on a discharge petition which is growing which 
would allow us to bring this to the floor of the House. But its real 
purpose was to have people who use common sense apply common sense to 
this issue and say, That is not right. That is not fair. And it put a 
spotlight on one particular incident that is not fair. But I have got 
three pages here of various people that have issues.
  And then of course, in our current news, we have issues with the 
Speaker. So, we will get to all that as we go through this evening. But 
right now, I don't want everybody to think I'm just picking on Mr. 
Rangel because quite frankly, there is a lot of other issues here.
  And to start off with, we have the Secretary of the Treasury. Do you 
know that guy? That is the guy that has told us we need to spend these 
trillions of dollars to save the world. Well, the man who has spent us 
into the poorhouse almost didn't pay his taxes. Now, the difference 
between Mr. Geithner and Mr. Rangel, in Mr. Rangel's defense, is what 
we call the ``Geithner rule precedent.'' Even with solid evidence that 
a taxpayer was aware of their self-employment tax liability, was given 
funds specifically to pay their obligation and still consciously failed 
to pay, only interest should be assessed. Because Mr. Geithner failed 
to pay his self-employment tax, even though the people who paid him 
sent him the money in a check, $30,000 worth, and said, Here it is. 
This is to pay yourself employment tax. And he didn't pay it. Now, I 
assume he kept the money. But he didn't pay it. And when he then was at 
that time being offered up as the nominee for the job of the Treasurer 
of the United States, he did rush down and pay that amount of money. 
But he didn't have any penalties assessed against him, even though, 
arguably, it is an intentional act, because he was specifically told, 
Here is the check to pay your taxes, and he didn't pay them. And it 
took the fact that the President of the United States chose him to be 
Treasurer to get him to pay those taxes. We don't know if he ever would 
have paid them if he hadn't come under the spotlight of this 
government. But when he did, he paid them.
  And if anybody intentionally did something like that, you would think 
that there would be some kind of penalties about it. And yet all he had 
to do was, he did have to pay some interest, so that is why it is not 
exactly a Rangel Rule. But he didn't have to pay any penalties. And my 
gosh, if the ordinary citizen from Toledo, Ohio, just doesn't pay on 
the 15th of April and pays on the 15th of October, he will pay some 
penalties. It may not be a lot, but he will pay some penalties, and 
he'll pay some interest.
  The question you have to ask yourself is, what makes Mr. Geithner so 
special that he doesn't have to pay penalties for intentionally not 
paying his taxes? And I guess the answer is it is because he was the 
second highest man in the Treasury, and now he is the Treasurer of the 
United States, and he is the man who is advising us on this massive 
spending program that this House has set forward before it in the last 
100 days. More money has been spent by this House in the last 100 days 
than all the Congresses and all the Presidencies that have ever gone 
before put together on the advice of the man who was aware that he had 
to pay his self-employment tax because he got a letter telling him that 
which he had in his possession and he didn't pay it.
  I think almost everybody thinks it is not right for somebody, because 
they have a government position, to be treated differently from 
somebody else. I think common sense in America tells us that is the 
right thing to do. The right thing to do is treat everybody the same. 
And just because you're a big shot doesn't mean that you don't have to 
pay your fair share and you shouldn't be treated exactly like anybody 
else in this country. And that is what we have been talking about. So 
that is just an extension of the Rangel Rule.
  We could stop there because I talked about this before. But there are 
others that need to be mentioned.
  This is an article from The Washington Post, Federal funding funneled 
to Representative Murtha's supporters. A Pennsylvania defense research 
center regularly consulted with two handlers close to Representative 
John Murtha, a Democrat from Pennsylvania, as it collected nearly $250 
million in Federal funding through the lawmaker, according to documents 
obtained by The Washington Post and sources familiar with the funding 
request. The center then channeled a significant portion of the funding 
to companies that were among Murtha's campaign supporters.
  This brought to attention another issue. This issue has to do with 
the fact that Representative Murtha has steered millions of dollars to 
a group of people, contracts, to a group headed by a man named Bill 
Kuchera, who is a government contractor. And these offices of this 
firm, PMA, were raided by Federal officers on January 3 of this year. 
It says, this contact has very close ties to John Murtha. The agents 
were from the FBI, IRS and the Defense Criminal Investigative Service. 
They searched the offices of Kuchera Industries and Kuchera Defense 
Systems in three different locations in Pennsylvania. This is the same 
group that has contributed thousands of dollars to Mr. Murtha's 
campaign.
  Now, this is something that, at a very minimum, should be talked 
about by the Ethics Committee. I didn't mention that in the ethics 
report on Charlie Rangel we were promised by the Speaker of the House, 
Nancy Pelosi, back when this all broke last fall, that the Ethics 
Committee would have concluded the investigation and cleared up the 
Rangel situation by the beginning of this Congress. So we all waited in 
anticipation of finding out if there was a solution to this issue 
concerning Mr. Rangel. Nothing has come. And we have heard nothing, 
absolutely nothing, from the Ethics Committee.
  The same thing, Nancy Pelosi has actively blocked seven resolutions 
that would require the Ethics Committee to form an investigative 
subcommittee that would look into the relationship between PMA-awarded 
earmarks and campaign donations with Mr. Murtha. Why does she feel the 
need to protect PMA? Well, we have a body here called the Ethics 
Committee. And that Ethics Committee's job is to go look into these 
allegations against our Members and come up with solutions to that 
problem. Either they have violated the rules of this House or they 
haven't violated the rules of this House. Either

[[Page 12715]]

they have violated, more importantly, rules of the laws of the land or 
they haven't violated the law of the land. And if that is the case, the 
Justice Department should, I assume by this search that they had, be 
looking into this issue.
  These issues need to be resolved. These issues prevent us from having 
the most open, ethical Congress in history and caused that rule to rest 
in peace. So that statement is now resting in peace in those two cases 
because nothing has been done.
  And there is more. An organization got earmarks from Representative 
Alan Mollohan that gave free rent to a family charity. Mollohan 
provided millions of dollars in earmarks to a group he helped to start, 
and that group gave the Mollohan Family Charitable Foundation $75,000 
in free rent, according to Roll Call newspaper on the Hill. The West 
Virginia High Technology Consortium has provided more than $75,000 in 
free rent and administrative services to the Robert H. Mollohan Family 
Charitable Foundation according to the tax records while receiving 
millions of dollars' worth of earmarks from Alan Mollohan, Democrat 
from West Virginia, who serves as the family charitable foundation's 
secretary.
  Here is a copy of The Washington Post article, upon taking control of 
the Congress in November of midterm elections, Democrats vowed to 
require lawmakers to disclose their requests and to certify that money 
they are requesting does not benefit them. Another key Democratic 
reform requires House Members seeking earmarks to certify that neither 
they nor their spouses have any financial interest in the project. In 
the Democratic Congress, pork is still getting served. That is from The 
Washington Post, May 24, 2007.
  And then, West Virginia charity got rent deal, Roll Call, March 10, 
2009. The West Virginia High Technology Consortium has provided more 
than $75,000 in free rent and administrative services to the Robert H. 
Mollohan Family Charitable Foundation while receiving millions of 
dollars of earmarks from Alan Mollohan.
  Now Mr. Mollohan says that this is perfectly legitimate. And do you 
know what? It might be. It might be. But that is not for us to judge.
  Once again, if you are trying to have the most open, ethical and 
honest Congress in the history of the Republic, then when you have 
questions raised like this, there should be a place you go to resolve 
those questions. To me, at least the starting place is the Ethics 
Commission and the Ethics Committee. And yet here we are. There has 
been no ethics investigations that we know of launched to look at these 
allegations.
  I think the American citizens ought to look at this and say, well, 
why not? If in reality this is innocent and there is nothing wrong with 
it, then why couldn't it be brought before the Ethics Committee and 
they can tell us this is perfectly all right, normal behavior to give 
large amounts of earmarks to a company and then get free rent for your 
charitable foundation. Maybe it is perfectly legitimate. I don't know. 
But if you listen to that, and you think of the most honest, open, 
ethical Congress in the history of the Republic, then you would say, 
something needs to be resolved about this issue.
  And really that is what we are about here. We are saying we want 
resolution. We want someone to look into these matters, and let's be 
what Nancy Pelosi has promised us we would be.
  I would like to say that was all. But there was also this issue 
recently. Representative Maxine Waters pushed for a $12 million TARP 
giveaway to One United Bank. Waters' husband is a stockholder and 
member of the board of directors of that bank. Daughter Karen Waters 
and her firm have made over $450,000 charging candidates and ballot 
measures sponsors for endorsements for Ms. Waters. And L.A. County 
supervisor, Yvonne Burke, supported a measure to lease the Chester 
Washington Golf Course to American Golf, owned partly by Representative 
Waters' husband and son after Waters supported Burke in her campaign. 
All these allegations came out in the Los Angeles newspapers.
  Now, there may be absolutely nothing to this. We don't know. But you 
ask yourself, does it sound like there is nothing to it? Because what I 
failed to say was part of that article was that it is a clear 
indication that Ms. Waters used influence to get them to look at giving 
TARP money to One United Bank. And doesn't that talk about benefits to 
House Members or their spouses, any financial interest in the project?
  I would argue if that is the rule passed by the Democratic Congress, 
the ethics rule for this Congress, imposed upon themselves and others, 
shouldn't we follow that rule?

                              {time}  2115

  Doesn't it make sense? Doesn't it make sense to say let's get answers 
to that question? I don't understand why that also is not something for 
the Ethics Committee to report on.
  Rahm Emanuel, a former Member of this body, now the, some would 
argue, the number two man in the White House, the man who has President 
Obama's ear, he got free rent from Rosa DeLauro, who is also a Member 
of this body, by living in her basement in an apartment. I mean, you 
know, I am sure it was a nice place, for 5 years. Rent free.
  Now, you say to yourself, Well, isn't it all right for one Member of 
this Congress to allow another Member of this Congress to stay in their 
place if they want to and not charge them any rent?
  I would say, yeah, I don't really see anything wrong with that. But 
then, if you knew that Ms. DeLauro's husband was a lobbyist who 
regularly lobbied this Congress, then all of a sudden you have got to 
say, wait a minute. Now we're talking about this rule right here, these 
requests, and spouses and Members and financial interests and interest 
in lobby events in this Congress.
  And, you know, the lobby right now, they are the enemy of the state 
as far as we hear around this place all the time. These are the most 
horrible people on Earth we hear from people around here. I don't agree 
with that. They're human beings just like anybody else and they're 
doing a job, but those who aren't doing it properly are an issue for 
this Congress. And I would argue that that ought to at least be looked 
into.
  No action has been taken by the Ethics Committee, and when Rahm 
Emanuel was put on as Chief of Staff to the President, the Ethics 
Committee said it now has no jurisdiction over him. So I guess if there 
is an issue there, it's gone away by moving from the legislative branch 
to the executive branch. But just because you move doesn't make it 
right. It's an issue that ought to be answered to.
  And it may be absolutely positively nothing there, but what do you 
think? What do the Members of this body think? Does it sound like it 
ought to be looked into? Does it sound like it ought to be questioned? 
Does it sound like something you would like to know the answer to? 
Because, let me tell you, I can almost take judicial notice of the fact 
that rent in Washington, D.C., it's not cheap. And so if he's getting 
rent every month for 5 years, I would say, I don't know what the place 
looks like, but I've shopped around for those basement apartments. I 
rented a room with a microwave for a thousand dollars a month. Others 
rent those apartments down in the basement of people's townhouses 
around here for anywhere from $1,500 to $1,800 a month, times 5 years. 
That's a pretty decent gift. That's a pretty decent reward.
  And it wouldn't be bad if it was just a Member of this Congress, but 
it is the lobbyist spouse who also is giving that gift, and it ought to 
be talked about. It ought to be looked into.
  We say that we don't want to have conflicts of interest in this 
House. We want to disclose those conflicts of interest. Anyway, you are 
supposed to disclose what you're doing. Here. Disclose the requests and 
the money being certified and what you do.
  Now, Hilda Solis served, who has now been appointed to the Labor 
Department, Secretary of Labor. She was the treasurer with fiduciary 
duties for a labor organization, in direct violation

[[Page 12716]]

of House Ethics Rules. Her group lobbied Congress and took direct 
action in elections under all her fiscal approval while serving in 
Congress.
  Her husband failed to pay taxes, even after the IRS liens, for 16 
years. And I guess the shift to the executive branch is the solution to 
that problem, but it really ought to be the Ethics Committee's job. But 
once again, now that she's Secretary of Labor, the Ethics Committee has 
no jurisdiction over here. But does that make it right? Does that make 
it not--does that make it okay to do that? Is that the kind of 
government that our President promised us he wanted to have? He was 
going to have the kind of a government that we could be proud of; and 
yet this lady, in violation of House rules, represented a labor group 
that lobbied this Congress, and she was part of their executive 
committee and didn't report it, and now she's Secretary of Labor and 
all is forgiven. And yet she's right where the conflict was, if there 
was a conflict. I mean, doesn't that make sense to anybody that that 
ought to be looked into by somebody?
  We had an ethics issue down in Florida, and it caused one of the 
Members of this House, rightfully, for other reasons also, to lose the 
election. Tim Mahoney, the Democrat, we learned through the press and 
from his own lips, paid off a mistress that he had with Federal funds 
so that she'd keep quiet. He is accused of using these taxpayer Federal 
funds to pay a former staffer and his mistress. The Speaker of the 
House refused to take action. Florida voters told her she was wrong and 
kicked him out.
  Compare that to the pledge. The Ethics Committee took no action. He 
was voted out of office after one term. The people took some action. So 
maybe that's where we are today. Maybe that's the only place we get 
recourse is from the people of the United States. They have to step up.
  You know, we took a big battering as a party. I was very offended, as 
were many Members, when we were accused of all being part of a culture 
of corruption. You don't hear me accusing every Democrat in this House, 
because of these people on this list, being part of a culture of 
corruption. There are good-hearted people on that side of the aisle who 
are doing the right thing, and I don't think it's fair for anybody to 
step up and classify a whole party because of the issues of some.
  But I do think that when those issues come up, it's the duty and 
responsibility of that party to make sure those issues are resolved. We 
resolved ours. Many people resigned. Many people didn't run for 
reelection because of issues that came up, and here we are with these 
issues.
  And then finally, once again, resting in peace is the most open, 
ethical, honest Congress in history, and that very noble phrase 
basically died between January 4, 2007, and February 10, 2009. And it 
died because of all these issues not resolved by this House, not 
resolved by its Ethics Committee, not resolved by the Justice 
Department if it is applicable. And when you come out of a world of 
right and wrong and you try, to the best you can--and people make 
mistakes. You know, some of these things could be mistakes. I want to 
make that very clear.
  But these are the kinds of things that others have been accused of 
being part of a culture of corruption, and those issues were resolved. 
These issues go unresolved, and the leader who set the standard, who 
has told us that these things would be resolved, has not only not 
resolved them, she has been a stumbling block for resolving these 
issues.
  And now, that brings us to an issue that we have with the Speaker. 
Speaker Nancy Pelosi is having an ongoing war with the CIA. I think 
most of the country is aware of that, and it has to do with accusations 
and allegations concerning what some call torture and others call 
interrogation practices with those people who are, have been held in 
Guantanamo or other places as potential terrorist enemies of our state. 
And the issue, of course, that makes the front page is waterboarding. 
Whether it's good or evil, whether it's torture or not torture is not 
what we are talking about today. That's for--I think each of us has our 
own opinion about that.
  I think the real issue here, the issue we have to resolve, is that 
the Speaker of the House has attacked unmercifully this entire 
operation and all of these things to do with the--who got told what 
about this interrogation practice. And she denied vehemently that she 
had ever gotten any knowledge of these extensive interrogation tactics. 
And she's just really stood up and in no uncertain words said, I never 
knew about it.
  Well, the current CIA director, the current Democrat CIA director who 
was appointed by President Obama, has released information to the fact 
that Ms. Pelosi was, when she was the minority leader and in the 
minority, she was in the room when these interrogation methods were 
discussed and that there are notes to show she was there. And she has 
said--she's basically taking the position that the CIA is not telling 
the truth. Some say either Ms. Pelosi's not telling the truth or the 
CIA is not telling the truth. That's kind of where we are.
  But truthfulness, public statement truthfulness is what we would 
expect from a Speaker who tells us this is going to be the most open, 
ethical, and honest Congress in history.
  I don't know. I think most everybody comes from a part of the world 
sort of like mine, honesty means telling the truth. And I think at your 
parents' or your grandparents' knee, they would tell you, You be 
honest. You tell the truth.
  I have told my children, when something was broken or something 
happened, Now, you be honest and you tell me the truth, because if you 
don't, it will be worse on you than if you did tell the truth. And I 
believe they will testify to that fact. Because the truth is just, 
that's something we instill in our children. We hopefully all do that 
because, quite frankly, truth and honesty is a goal we set for 
ourselves as Americans. We set the goal for ourselves as a Nation to be 
an open, honest Nation. And we do that by raising the next generation, 
hopefully, to understand the difference between telling the truth and 
not telling the truth.

                              {time}  2130

  I don't like the word ``lie'' or ``liar,'' and I'm not going to use 
it. Others might, but I'm not. I will tell you that you are not honest 
if you are not telling the truth. It comes down to: Is this CIA telling 
the truth or is the Speaker of the House telling the truth?
  Now, why would somebody go off on this in such a big way? Well, I 
don't think I'm going off on it in nearly as big a way as are some of 
the people in the press right now. Let's wake up, folks. The reality is 
we're talking about a person who, through a series of horrible 
disasters, might end up being the President of the United States, an 
unelected President of the United States, because if something should 
happen to the President or to the Vice President, God forbid, the 
Speaker of the House stands in line to be the President of these United 
States. The Speaker of the House of Representatives is an important, 
important position.
  This issue of truth plays on how we want this place to operate and 
who we want to be. Do we want to talk to each other straight, tell each 
other the truth, look each other in the eye, give our word, and keep 
it? When something happens, do we want to tell them, yes, it happened 
or, no, it didn't happen, and it's the truth? How do 400-plus people 
get together and try to work things out and keep saying, let's all work 
together, if we don't talk honestly to each other?
  So it's either the CIA--the agency that is in charge of intelligence 
for this Nation--or it's the Speaker of the House. They're both 
important. I would allege the Speaker is more important even though the 
duty of protecting this Nation by National Intelligence is really what 
has kept us safe for these last 8 years since the attack on 9/11. Even 
so, as for the Speaker of the House, who is standing in line to be 
President should a disaster strike this Nation, I think the truth 
should be part of what comes from her lips.
  So this needs to be resolved. The American people have a right to 
know.

[[Page 12717]]

This Congress has a right to know. We have a right to know all that we 
can about those meetings where enhanced interrogation was discussed, 
whether it was at one or whether it was at 50. I don't know how many it 
was discussed at, but I know it has been clearly stated by the head of 
the CIA that at one Ms. Pelosi was present, and it was clearly stated 
that enhanced interrogation was being used.
  So I guess the best, real title to this discussion we are having 
these days is: Let's get to the bottom of it. Let's get to the bottom 
of this stuff. Let's get through it and find out what the truth is. 
Let's lay it out before the American people, and let's let the cards 
fall where they may. That's what I think ought to happen.
  As a solution finder for 20 years, everybody who comes into the 
courthouse is looking for a solution to their problems. You hope most 
of the time you're right, and sometimes you might not be right, but 
your job that day is to try to solve that problem to the best of your 
ability under the law.
  We owe a duty to this wonderful body, to the greatest legislative 
body ever created on the face of the Earth. We owe a duty to this great 
bunch of folks out there--we call them Americans of all sorts--that 
this government speaks the truth.
  I am really pleased to see my friend Mark Kirk join me. I am going to 
yield such time as he would like to use. He is a very intelligent man 
about the military in general, so I would like to hear his comments.
  Mr. KIRK. I would just like to raise this point:
  As you well know from criminal law--and I think the code is section 
5, U.S.C. 1001--lying to Congress is a felony. So the question will be: 
Will criminal charges be brought by congressional officials against CIA 
briefers for lying, as they've said, which is a felony--then we can 
expose that record, have a criminal investigation and possibly a 
trial--or are these empty charges and no criminal process will be put 
forward because there were no crimes, and the Speaker will not be able 
to back up what she said on national television, and will not come 
forward with any potential felony accusations? It seems clear to us 
that she won't, and that puts quite a light on the statements that she 
made before the country.
  I yield back to the gentleman.
  Mr. CARTER. The gentleman raises an excellent point, and that's just 
what we've been talking about here. I thank the gentleman for reminding 
me of that fact. In reality, that testimony is treated under oath, and 
lying to Congress carries penalties. If the CIA is lying, as Ms. Pelosi 
seems to be alleging, then, quite frankly, we ought to look into it. I 
mean, the one thing this body should do is enforce the laws of this 
land. So I thank the gentleman for reminding me of that.
  As we've been talking here today about solutions, that would be one 
solution, to bring this to light. It's all about sunlight. You know, 
sunlight is purifying, and if you put the light of day on things, we 
generally get the answers to questions we have. All of the things I've 
talked about today, all of them, just need sunlight on them. Maybe 
they'll all clear up, but we've got to have somebody asking for it, and 
that's what I've been doing these last 6 or 8 weeks.
  I see my good friend from Texas, a fellow judge and fellow 
Congressman is here, Louie Gohmert. He is one of my very dearest 
friends. I yield such time as he would choose to consume.
  Mr. GOHMERT. Well, I appreciate both of my friends' comments here 
tonight. As always, they are very thoughtful.
  These are serious issues. As a former judge, like my friend from 
Texas, when you hear serious issues and serious allegations, you know 
that somebody lying, it's a serious allegation. So you look for 
evidence. Is there evidence to show maybe so? As my friend from Texas 
knows, as a judge, the rules of evidence don't allow prior activity to 
be introduced as evidence of what happened in a later activity unless 
it rises to the level in some cases of habit where it's sufficient to 
possibly avoid that rule. So, anyway, I've been looking for indications 
that, maybe, you know, it's something else.
  We had the printout from some of the information on the Speaker's Web 
site in the last Congress, and the statement was made that our goal is 
to restore accountability, honesty and openness--very much like the 
2006 statement--at all levels of government, and to do so, we will 
create and enforce rules that demand the highest ethics.
  Of course, my friends have pointed out situations that didn't 
necessarily meet that test where, clearly, there were ethical 
violations that were alleged that needed to be investigated. Each time 
those were brought up, they were tabled. They were not allowed to go 
forward. So do you think this was a lie--and I ask rhetorically--when 
it says that we're going to enforce the rules that demand the highest 
ethics from everybody here? I would pose the possibility that maybe she 
forgot that this was the promise originally.
  If you look at another statement, it says that bills should be 
developed following full hearings and open subcommittee and committee 
markups with appropriate referrals to other committees. Well, I mean, 
you can look at so many of the bills in the last Congress. In fact, 
most of the biggest bills, when they involved money, didn't go through 
full committee markup in the regular order of things.
  Look at the stimulus package: $800 billion. It was the biggest 
spending stimulus bill of any kind that just dwarfed by 500 percent the 
one that I was against that President Bush did. I mean, it's 
incredible. There were no subcommittee or committee markups. There were 
no amendments that were allowed, but it says here that bills were 
supposed to be developed with full hearings, with open subcommittee and 
committee markups and with referrals to other committees.
  Then it went on to say that there should be at least 24 hours to 
examine a bill prior to consideration at even the subcommittee level. 
Well, there wasn't even a subcommittee level. They rammed that right 
through the floor and down everybody's throats. So you could say, well, 
was this a lie then? I don't think so. I think they forgot that this 
was what they promised. I think this was just a mistake. They forgot.
  Then it goes on to say that bills should generally come to the floor 
under a procedure that allows open, full, fair debate, consisting of a 
full amendment process. Now, like the stimulus package, it didn't come 
to the floor with any chance of amendments on the stimulus package. It 
was take it or leave it. It got rammed down our throats.
  You say: So was this a lie? Not if they forgot that they made these 
promises. I pose that as another possibility. Maybe they just forgot 
that they kept making these promises, including right up to the 
election in November of 2006 and again in 2008. There was no full 
amendment process as promised here.
  Then it goes on to say, though, that the minority would be granted 
``the right to offer its alternatives, including a substitute.'' Well, 
there was the biggest spending bill in history like this, and there was 
no opportunity for a substitute. There was no opportunity for 
alternatives. So would you say they were lying? I think you could say 
they forgot that they had made those promises.
  Then it goes on to say that Members should have at least 24 hours to 
examine the bill. As we'll recall, it was put on the Internet at around 
midnight, and the next morning we were voting on it. We were debating 
and voting. There was no alternative. There was no substitute. We just 
had to go with that bill. We could fuss about it, but the bottom line 
was it was going to be rammed down our throats. I think maybe they had 
forgotten that they had promised that we would have 24 hours.
  The President made promises about how many days the people would have 
to review this on his Web site. I don't necessarily think he was lying. 
I just think he forgot that he promised. With the stimulus, we were 
told that it had to be signed immediately. We didn't have time to have 
24 hours. It had to be done. People were losing jobs every

[[Page 12718]]

day. It passed the House over much of our fussing about it, and then it 
went to la-la land for 4 days because the President wasn't going to 
sign it until he had an adequate photo-op in Colorado 4 days later. 
According to what we were told, people were losing jobs every day, and 
it had to be passed immediately. I think, during those 4 days, they 
forgot that people were losing jobs every day, and they forgot that 
they told us they had to pass it immediately. That's why they took so 
long to do that.
  It goes on to say, too, that conference report text prior to floor 
consideration would be provided. Well, as my friends know, in the last 
Congress, they came up with a way to go around conference committee 
reports where, if the Senate has one version and the House has another 
version, then under the rules, you have to go to a conference--to a 
bipartisan, bicameral committee. They didn't want the Republicans in 
the House to have any say in that, so they secretly met and worked out 
a compromise without having a conference as the rules required. Then 
they rammed that down our throats but not as a conference report. I 
think they forgot that they made that promise as well.
  Rules governing floor debate must be reported before 10 p.m. for a 
bill to be considered the following day. With the biggest bills, that's 
not done. I think they forgot. I think they forgot.
  We were also told on the current Web site of the Speaker's of honest 
leadership and open government. The culture of corruption practice 
under the Republican-controlled Congress was an affront to the idea of 
a representative democracy, and its consequences were devastating. See, 
we'd been told about all of the bipartisanship that was going to be 
taking effect once the Speaker was in power. This is on the official 
Web site. It's just a slam at the Republican-controlled Congress. I 
think they forgot they were in the majority. I think they forgot, and 
that's why they're still making political statements. This isn't 
bipartisanship. These are mean, partisan statements here. I think they 
forgot. They're in control, and there's no reason to be partisan when 
you're in control.
  Another statement: The American people demanded not just high ethical 
standards but also transparency. Well, there have been requests to come 
forward and to disclose everything, and things have come out. They 
aren't transparent. We've asked the administration: Tell us what were 
the benefits of the waterboarding. There has been no transparency 
there. There has been no request from the Speaker to have that kind of 
transparency. I think they forgot that this was a promise that there 
would be this kind of transparency and disclosure and accountability.

                              {time}  2145

  That is also promised on the Web site. I think they forgot. They made 
those. So it may not be lies that some would assert--and I'm certainly 
not willing to assert that. I think they forgot. And this final 
statement--and I appreciate the yielding--but on the Speaker's Web site 
it says, Led by our newest Members, House Democrats have acted to make 
this Congress the most honest and open Congress in history.
  I think they forgot they made that promise.
  So I think by my friend from Texas taking the Special Order time to 
remind us of the promises that were made, perhaps that will jog the 
memory and we'll be able to get back to complete some of these promises 
that were made. So maybe it's just a memory problem. Memories. How 
about that?
  Mr. CARTER. Reclaiming my time.
  I'm reminded of when I was in law school. It's a beautiful spring day 
and the baseball team was playing off in the distance. And the 
professor called on every member in the back row to respond to a case, 
and every one of them stood up and said, I'm unprepared, Mr. Fritz. And 
when he finally went all the way across the back row of the auditorium, 
he said, Everyone stand and look around. You're seeing the greatest 
concentration of ignorance in the history of man.
  Maybe we're witnessing the greatest lapse of memory in the history of 
this Congress, because if you give them credit for forgetting, they 
sure have forgotten a lot. And I thank the gentleman for pointing that 
out.
  There are those that say that the way politics should work is you 
tell people what you're going to do in the campaign, and then you do 
it, and then you tell them what you did to get elected the next time. 
Of course, the new modern world is you tell them over and over and over 
what you're going to do, you don't do it, and you tell them over and 
over and over that you didn't. Maybe that is where we are. All of these 
things are curious, but the reality is, we raised enough issues here 
tonight that we don't meet anywhere close to this standard.
  I want to ask the Speaker how much time we have left.
  The SPEAKER pro tempore (Mr. Minnick). Six minutes.
  Mr. CARTER. Thank you.
  I thank my friend from Texas, a wise counsel, to look at that and 
decide maybe it's not that we're not having any untruths here; maybe 
we're just having a gigantic lapse of memory by the leadership of this 
House, the Democratic leadership of this House and possibly some of its 
participants. But I don't think all of the participants. There are 
open, honest, ethical men and women in this House. I think their voices 
all should be heard on both sides of the aisle.
  Resolve these issues, Madam Speaker. Make the Ethics Committee work. 
Make your office work. Follow the rules and procedures. As Mr. Kirk 
says, if we have the top leader of the House of Representatives saying 
a Federal agency has lied to Members of Congress and to its leadership, 
then file charges and let's go take them to task on this and find out 
if they did lie, and then let's open the pages of the books and let's 
look at the events and let's decide.
  The burden of proof will be on the state. That is fair. Our Founding 
Fathers created that. They don't have to defend themselves other than 
sit there if they want to. But the state has to prove that they are 
lying. But if someone is accusing them of untruth--because I just used 
a word I swore I wouldn't use--then the law says telling a falsehood to 
Congress is an actionable offense, as Mr. Kirk pointed out. Let's take 
that action. If the CIA has been lying to this body, let's take them to 
court. Let's find out. Let's have a hearing before this body. Let's 
find out and let the sunlight, the purifying sunlight of day shine upon 
this issue between the Speaker of the House and the CIA.
  And by the way, the CIA director appointed by President Obama 
confirms what other CIA directors and other Members of this Congress 
who were present said, that there was a briefing. Maybe it's part of 
Mr. Gohmert's famous memory lapse or just forgotten. Maybe that is the 
defense to all of this we've talked about. Maybe all of these issues we 
raised, the solution is, I forgot. Maybe with all of the ethics issues 
that have been raised before this Congress, someone would think could 
be resolved by, I forgot that was a rule. It's not the way it works, 
and that's not the way it should work.
  We've got issues before this Congress that are issues that divide 
this Nation. We are about putting back this Nation together, not 
dividing it. That is what our President has told us. We, in this body, 
are about putting this body back together in a healthy way. The noble 
statements made by the Speaker are only noble if they're carried out. 
But if they're only words--we hear lots of words around this place. 
There is more than just words involved in everything we do. There is 
action. Let's resolve these issues. That is all I ask. That is all the 
Members of Congress ask. And I think that is all that the American 
people ask. Let's resolve these issues.
  I guess the ultimate resolution will be at the polling place, but 
that is not really the solution we should have. There should be more 
pride in this institution than having to settle it at the ballot box. 
That is kind of like settle it out in the street in Gunsmoke. That is 
not the law we want to have in this country. Let's settle these issues.

[[Page 12719]]

  I thank the Speaker for his patience, and I yield back the balance of 
my time.

                          ____________________




                      HEALTH CARE AROUND THE GLOBE

  The SPEAKER pro tempore (Mr. Minnick). Under the Speaker's announced 
policy of January 6, 2009, the gentleman from Illinois (Mr. Kirk) is 
recognized for 60 minutes.
  Mr. KIRK. Mr. Speaker, when I returned home from Afghanistan, I have 
been spending the last several months on the health care issue and the 
need for reform in this country.
  Before being elected to Congress long ago, I used to work for the 
American Hospital Association as a young researcher in their hospital 
research and educational trust. Now, with the service in the Congress 
and this background, I have been working for several weeks now 
intensively building a bipartisan and centrist agenda for health care 
reform. Our base for this is the Tuesday Group, 32 centrist GOP 
moderates, which I co-Chair along with Congressman Charles Dent. 
Tomorrow, we will outline a detailed health care reform agenda with 70 
representatives of patients, doctors, hospitals, employer and insurer 
groups.
  Our President has set three top goals for health care reform: to 
lower costs, to increase choice, and to expand access. But what model 
should the Congress use in providing the reform that our country needs?
  I want to talk tonight to provide some details on key issues that we 
are facing to review comparisons of health care systems in the United 
States and among our key allies and then to discuss detailed centrist, 
bipartisan solutions that we could put forward--especially in Senate 
health care legislation--that could make its way to the President's 
desk.
  First, on the details. Our system is built largely on private health 
care for people under age 65, and we have seen a tremendous explosion 
in defensive medicine. Defensive medicine is driving costs up in our 
country probably faster than other countries because, as you can see 
from this chart, the cost of defending across a lawsuit has been rising 
steadily in recent years, and this is unique to the United States. This 
chart alone shows that especially for obstetricians, gynecologists, and 
neurosurgeons, the need is clear for lawsuit reform to restrain the 
growth in medical costs, especially in health insurance.
  This chart shows a comparison in the critical issue, which I believe 
that our top focus is not in health care costs but in health care 
outcomes. The question should be whether you live or die in the system 
first, then how much does it cost.
  When we look at, for example, patient-reported health care outcomes 
in pap smears and mammograms, we see stark differences in coverage for 
Americans and in other countries. Here you see pap smears in the last 3 
years, women aged 25-64, 89 percent coverage for the United States; but 
among our British allies, only 77 percent, and probably the key model 
that many in Congress are looking at, Canada, falls well below the 
United States.
  Also in mammograms, key for long-term health status among women in 
the United States, 86 percent coverage for women aged 50-64, and much 
lower across the board in more status, government-controlled health 
care systems.
  We also looked at a key fact in health care, which is health care 
delayed is health care denied. The problem with waiting times is 
present in the United States, but it's much more acute in other 
countries. When we look at patients who waited more than 4 weeks to see 
a specialist doctor, we see in the United States it's about 23 percent, 
1 percent better, actually better, in the German Republic. But in the 
principal cases of Canada and the United Kingdom, which offer so many 
examples to many in this Congress for the kind of health legislation 
they would like to put forward, waiting times are double what they are 
in the United States. That means that the health care that they provide 
would be much poorer than for our country, especially during a long 
wait.
  This chart shows even a more serious situation. It shows the percent 
of patients that had to wait more than 4 months for health care. In the 
United States, just 8, even slightly better in Germany, but when you 
look at Canada, and especially the United Kingdom, now reporting 41 
percent of patients who have waited more than 4 months for health care.
  Health care outcomes are distinctly different for the United States 
and other countries, especially with breast cancer incidents. This 
chart shows mortality per 100,000 females of breast cancer, and it 
shows that the United States actually has the best numbers compared to 
Canada and the United Kingdom at 28 for the U.S., 29 for Canada, and 34 
for the United Kingdom.
  When we look at high-tech medical procedures in Britain, Canada, and 
the United States, the critical procedures necessary to actually 
survive key bits of morbidity are not available in Britain and Canada 
as compared to our country. In dialysis, and I speak especially as the 
co-Chair of the Kidney Caucus here in Congress, we can see access in 
Britain is far lower than in the United States. For coronary bypass, 
the United States is clearly much better. And in coronary angioplasty, 
we are significantly, by almost a factor of 6, better than other 
countries.
  One of the key differences between the United States and other 
countries is people ask, Why do we spend so much money? Why do we have, 
in some areas, lower health outcomes? And part of it might be the 
health practices of Americans themselves.
  This shows obesity across countries, and we know that, in general, 
Americans will be heavier than people from other countries.

                              {time}  2200

  And that leads to higher health care costs. The question is whether 
building a large State control which will restrict access to health 
care is the way to go, or whether a program, I think, that would have 
strong bipartisan support to encourage a reduction in obesity would be 
the more appropriate stand.
  When we look at how to address health care needs, that is primary 
through health insurance. Health insurance currently in the United 
States is governed by the States. Some States have a fairly modest 
threshold for offering health insurance and therefore their health 
insurance costs would be expected to be fairly low. Other States would 
have extremely high mandates for health insurance, making it more 
expensive. As you can see here, the pattern differs, and it sets up a 
way for Federal officials to compare outcomes of health systems in our 
countries.
  Probably the biggest difference that we see is in the difference of 
health care costs between New Jersey and California. In New Jersey, we 
see that health care costs are totaling $6,048 per patient, whereas in 
California they're down to $1,885. That roughly $5,000 difference is a 
tremendous barrier to access for medium- and low-income persons in New 
Jersey that is not present in California.
  It should be the policy of the United States to remove barriers so 
that we can offer low-cost insurance like what is offered to the people 
of California and not have a highly regulated, high-barrier system, 
like New Jersey, prevail for the United States.
  When we look at the uninsured, a number of people look just at the 
overall number, totaling $37 million in 2002, totaling $49 million just 
afterwards. Obviously, with the recession that's going on, the number 
of uninsured has been rising. But we ought to look a little bit deeper 
as to who the uninsured are.
  As this data shows from the National Survey on America's Families, we 
see that out of the 49 million uninsured, 22 percent were uninsured for 
just less than 5 months. Another 25 percent were uninsured for 6 months 
to 11 months. Roughly half were the long-term uninsured--over 12 
months--that I think is very appropriate for Federal policy to look at.
  As you can see, this problem might be somewhat smaller than 
originally estimated. Also, when you look at the

[[Page 12720]]

uninsured, you have to ask the question: Can people access or do people 
have a problem accessing health insurance because they can't afford it? 
Or, for some, is it because they simply have decided not to pay for it?
  When we look at the uninsured by household income, we find that 19 
percent are over $75,000 in income, who really should have paid for 
health insurance on their own with that kind of income. That is above 
average for the United States. Eighteen percent, $50,000 to $74,000. 
Then, for the modest- and low-income, we see roughly 60 percent. 
Especially for the plus-$75,000 income, we ought to ask: Should the 
State, should the taxpayer be paying for their health insurance, or 
should we instead look for them to make some of their own decisions?
  When we look at the very low-income uninsured, obviously we have a 
number of programs already addressing the needs of low-income 
Americans. This chart shows that a considerable number of low-income 
Americans are already eligible for public coverage. But as we have 
seen, for example, in the State of Massachusetts, for some of the very 
hardest to insure, with unsteady addresses, sometimes registering in 
the emergency room under different names, an insurance model may not be 
the best way to care for this group of people, our fellow citizens. A 
better way may be the public hospital approach that can take anyone at 
anytime, for a community in the 1 percent to 2 percent range that is 
very difficult in keeping solid addresses, solid identities, or keeping 
appointments.
  When we look at the uninsured and how much the Federal Government 
already pays, by one estimate in 2004, the Kaiser Commission on 
Medicaid and the Uninsured estimated that we already commit about $35 
billion on coverage for lower-income Americans. And the question that 
we may ask, which may not be fully explored in this Congress, is: Is 
that sum of money substantially above the gross domestic product of 
many of the members of the United Nations? Is that sum of money being 
wisely used already, or is there a system which would provide a more 
flexible and effective coverage for low-income Americans, which would 
in fact return a considerable amount of authority and power to them in 
making their own health care insurance decisions?
  Now, in briefly reviewing the key details and issues before us, I 
want to also compare health care in the United States to that in other 
countries, especially the two principal models that many here in the 
Congress are looking to, Canada and the United Kingdom, for what they 
can tell us about how health care could be changed for the better or 
the worse in the United States.
  In my view, our country should work towards providing a universal 
access to health care. While a nationalized government HMO could prompt 
tax increases, inflation, and a decline in quality, I think this 
Congress can enact policies to dramatically expand health care access 
for Americans.
  When we reform health care, in my view, we should follow key 
principles, first and foremost, that reform should enhance the 
relationship that you have with your doctor. Insurance companies 
already interfere too much with our care. But a government HMO might do 
far worse.
  Second, reforms should reward the development of better treatments 
and cures. Americans strongly support treating diseases like diabetes, 
heart disease, or cancer, but they are passionate about a cure.
  Finally, reforms should be sustainable, because especially the 
sickest and most elderly of our citizens will depend for their very 
lives on these reforms.
  The worst thing that we can do is to enact a health care program that 
the Federal Government cannot afford to keep. In considering United 
States health care reforms, many Americans look to Canada and Britain 
as our model. But Canadians have a very different view.
  While over 60 percent of Americans are actually satisfied with their 
health care plan, only 55 percent of Canadians report the same 
satisfaction. Over 90 percent of Americans facing breast cancer are 
treated in less than 3 weeks, but only 70 percent of Canadians get such 
treatment. Meanwhile, thousands of Canadians come to U.S. hospitals 
instead.
  The average Brit waits even longer--62 days. And Britain now has 
fewer oncologists treating cancer than any other Western European 
country. It may be no wonder that Britain ranks 17 out of 17 
industrialized countries for surviving lung cancer.
  Similar statistics tell a tale of lower quality care for coronary 
heart disease, where 94 percent of Americans are treated, versus 88 
percent of Canadians; or emphysema, where 73 percent of Americans are 
treated versus just 53 percent of Canadians.
  The most dramatic differences come in the field of cancer, where 
Britain's most respected medical journal, The Lancet, published the 
details of a very broad review of cancer and its survival rates in 
Europe and America. In short, here is what the Lancet reported:
  The cancer survival rate for American men in September of 2007 was 66 
percent. For European men, just 47 percent. The cancer survival rate 
for American women was 63 percent. For European women, just 56. Of the 
16 cancers studied, only Sweden showed survival rates that were close 
to the American rates, but still well below our level.
  We know that diabetes is one of the principal causes of senior health 
care problems. In the United States, 93 percent of Americans are 
treated within 6 months, while in Canada, less than half--43 percent--
see a doctor in the same time. In Britain, it is even worse. Only 15 
percent of British diabetics are seen within 6 months.

                              {time}  2210

  Over 80 percent of American women receive a mammogram, while only 73 
percent of Canadians receive one.
  Hip replacements offer a very stark contrast between the countries. 
In the United States over 90 percent of seniors are treated with a hip 
replacement within 6 months. In Canada, less than half of patients are 
treated in the same time, but many Canadians wait for a hip for over a 
year. Britain is not the place to break a hip because only 15 percent 
of patients are treated within 6 months, and many die during the wait.
  Many advances of 21st century medicine come from MRI scans. Most 
Americans wait less than a week for an MRI. Most Canadians wait for 
over a year. In the United States, doctors use 27 MRI scans per million 
people. In Canada and Britain, it's less than a fifth of that at just 
five MRI scans per million.
  The care for children also varies. Newborns most at risk need the 
close care of a neonatal specialist. In the United States there are 
over six neonatologists per 10,000 live births. In Canada they have 
fewer than four, and Britain has fewer than three. In our country we 
have over three neonatal intensive care beds per 10,000 births, just 
two and a half in Canada and less than one in Britain. It may be no 
wonder that babies in Britain have a 17 percent higher chance of dying 
compared to 13 percent a decade ago. Overall, the life expectancy of a 
British woman below the poverty line is falling.
  The starkest difference in care between the countries comes when you 
are the sickest. In Britain, government hospitals maintain just nine 
intensive care beds per 100,000 people. In America we have three times 
that number at 31 per 100,000. In sum, Britain has less than two 
doctors per 1,000 people, ranking it next to Mexico and Turkey.
  Even dentists are in short supply. The average American dentist sees 
12 patients a day while the average British dentist must see over 30.
  Stories of poor care under a government-only system are common in 
Britain. Last February, the Daily Mail reported Ms. Dorothy Simpson, 
age 61, had an irregular heartbeat. Officials at the National Health 
Service denied her care because she was ``too old'' at age 61. The 
Guardian reported in June that one in eight British NHS hospital 
patients wait more than a year for treatment.
  We know that governments regularly run out of money, and this can 
have a real impact if they are in charge of you or your family's health 
care. Ontario

[[Page 12721]]

canceled funding for childhood immunizations, routine eye exams and 
physical therapy services when they ran out of money. Government unions 
also regularly go on strike. In British Columbia they had to cancel 
5,300 surgeries during a health care worker strike. The Fraser 
Institute, an independent Canadian research organization, reported that 
the average wait for surgery is now up from 14 to 18 weeks. Queen 
Elizabeth Hospital in Halifax reports that its X-ray machine--by the 
way, no MRI available--was installed during the Nixon administration. 
To compare, Northwest Community Hospital in Arlington Heights, 
Illinois, flunks its own publicly reported quality standard if a 
patient does not receive a PCI test within 90 minutes of surgery.
  In Washington there are many proposals to have the government take 
control of health care. Some bills in Congress even call for pushing 
all uninsured people, including illegal aliens, into Medicare. We 
should look very carefully at such proposals.
  Remember, Medicare covers 40 million Americans at a taxpayer cost of 
$400 billion annually. Adding another 40 million patients to Medicare's 
costs would likely cost taxpayers an additional $400 billion annually. 
Knowing the government will run a $2 trillion deficit this year during 
the worst recession in living memory, can we enact an enormous tax 
increase, or do we just have to borrow the money from China?
  Seniors and low-income Americans will absolutely depend on the 
Congress's promises, and I believe the worst thing that we can do is 
make commitments that are too expensive and then pull the rug out from 
those who can least afford to cope. Instead, we should back bipartisan 
reforms that the government can afford to keep.
  There are a number of steps Congress should take to expand access to 
care and bring down the cost of medicine. First, we should expand the 
number of Americans who have access to employer-provided health care. 
One of the best ways to do this is to allow small businesses to band 
together to form larger pools of insurable employees to share risks and 
administrative costs. We should also allow franchises to offer national 
health care plans so that their members, working at Starbucks or 
AlphaGraphics or Subway, can create one large national insurable pool 
of their generally younger and currently uninsured employees.
  Second, Congress should expand access to care for millions of self-
employed Americans who do not have insurance. A refundable tax credit 
for individuals and families equal to the same tax credit large 
employers get would help millions buy insurance. Individuals could be 
eligible for a credit of up to $5,000 annually, and lower income 
families would be eligible for a credit worth up to $8,000.
  Third, as jobs become more portable, so should health insurance. We 
should protect Americans who lose their jobs, and their families, who 
are excluded from coverage by pre-existing conditions. Congress should 
also remove the current 18-month time limit on COBRA continuing health 
insurance coverage. This would give families the option of always, if 
they wanted to, at their own expense, sticking with the health 
insurance plan they like and currently have. This expanded coverage 
should also act as a bridge for retirees who may not yet be eligible at 
age 65 for Medicare.
  Fourth, we must pass commonsense measures to bring down health care 
costs. The Veterans Administration already uses fully electronic 
medical records to care for 20 million patients while saving lives and 
cutting wasteful spending.
  We also need lawsuit reform. State supreme courts controlled by the 
plaintiff's bar, like in my home State of Illinois, are expected to 
strike down local lawsuit reforms that cap noneconomic damages in 
medical liability cases. We need Federal lawsuit reforms to lower 
insurance rates across the country, keeping doctors in the practice of 
medicine.
  Finally, the Federal Government should mandate and enforce the right 
to see in-house infections caused by hospitals. Nearly 2 million 
Americans contract hospital infections every year, costing Medicare 
about $5 billion annually. We should create incentives for hospitals to 
reduce their infection rates and to publish their results.
  In sum, there's a great deal that the President and Congress could do 
without making the mistake of Xeroxing the 40 years of mistakes made in 
Canada and Britain.
  So having described some of the issues that we face, let's look in 
detail at one of the key numbers driving the debate here in 
Washington--the uninsured. According to last year's Census, there are 
45.7 million uninsured in America. But according to CRS, 9.5 million of 
those are illegal aliens, 6 million are children now covered by the 
SCHIP program that I voted for that was signed into law by President 
Obama in January, about 10.8 million have above-average incomes in the 
United States, and about 9.1 million are only temporarily uninsured. 
That means that if we focus on the problem of U.S. citizens who are of 
lower income, who have not been insured for longer than a year, it is 
10.3 million folks, hardly a number that justifies a government 
takeover of health care, but one that a bipartisan centrist agenda 
could address to make sure that those family members have the health 
insurance they need.
  Yesterday I took a survey of voters in Illinois. We received 3,400 
responses, and the question we asked was this, ``Should Congress raise 
taxes to fund a new government health care plan?''

                              {time}  2220

  The answers came back: 2,730, or 80.3 percent, said ``no''; and only 
454, or 13.4 percent, said ``yes''; 214, or 6.3 percent, said they 
didn't know. Clearly, in the face of the deepest recession in modern 
memory, we should not raise taxes in a significant way throwing 
millions of families out of work for a government program that we 
cannot afford to keep.
  Therein comes the third part of my discussion tonight. Given these 
problems, given the comparisons to other countries, and given the 
fiscal constraints on the Federal Government, is there room for a 
bipartisan reform agenda in Congress? The answer is emphatically 
``yes.'' And we will outline that tomorrow in front of 70 different 
groups.
  In the view of the Tuesday Group reform agenda, our comprehensive 
reform agenda will accomplish eight major goals. Number one, we will 
guarantee the doctor-patient relationship. Number two, we will put 
forward reforms that will lower the cost of health insurance. Number 
three, we will increase the number of Americans who have insurance. 
Number four, we will allow Americans to keep insurance they like. 
Number five, we will improve quality and accountability. Number six, we 
will increase personal responsibility. Number seven, we will lower the 
demand for federal borrowing. And, finally, number eight, we will do it 
in a bipartisan and sustainable way so that momentum for this program 
will not just be built up during the Obama administration, but future 
presidencies, including Republican presidents.
  In this agenda, our primary objective is to guarantee your 
relationship with your doctor. That is why tomorrow we will be putting 
forward the Medical Rights Act. The Medical Rights Act will guarantee 
the rights of patients to carry out the decisions of their doctor 
without delay or denial of care by the government. This legislation 
will uphold the right of individuals to receive medical services as 
prescribed by their doctor and will not allow the government to 
restrict or deny care if the care is privately provided. We allow, of 
course, the government to run its own health care programs for the 
military, for TRICARE, for the VA, for the Indian Health Service and 
others. But if the health care is paid for by you, you should control 
it. And there should be no attempt to control your health care by the 
Federal Government.
  The reason why we think this is necessary is because in other 
countries it is illegal for patients to pay for the care out of their 
own pocket. The most infamous restriction comes against Canadian 
citizens that face this barrier. For them, they at least have one out,

[[Page 12722]]

because the drive is not too far to the United States. But if we have 
the government take over health care in America, where will we be able 
to drive? And how will we find care if it is denied by a government 
program? That is why we need the Medical Rights Act. And in my 
judgment, it fulfills the promise of the President that you will always 
have choice and control of your health care. It is a bill that he 
should support.
  Secondly, our goal is to lower the cost of health insurance. What we 
would like to do is allow alliances to form, for example, among the 
Libertyville Chamber of Commerce members or among national franchise 
members to build larger and larger insurance pools from self-employed 
or small employers to spread risks, lower cost and share administrative 
expenses.
  We would also like to equalize the tax benefits that the self-
employed receive so that small and self-employed individuals have the 
same tax break that large employers have when they provide health 
insurance to their employees.
  To lower the cost of health insurance, you also need lawsuit reform. 
And the proliferation of frivolous malpractice lawsuits, as 
demonstrated on late-night TV for all the ads that you see, would be a 
huge reform that would help us drive down the practice of defensive 
medicine and therefore the cost of health insurance.
  Doctors who practice in certain high-risk fields such as emergency 
medicine, general surgery, thoracic surgery and obstetrics and 
gynecology especially need this reform to stay in the practice of 
medicine. By one estimate, the cost of defensive medicine in the United 
States is over $100 billion a year. Our reforms will call for blame to 
be allocated responsibly among key parties, to stabilize the 
compensation for insured patients and to encourage the States to adopt 
innovative strategies, especially alternative dispute resolution 
incentives for doctors and hospitals, and new health care courts 
specializing in resolving medical injury disputes.
  We will also be calling for State innovation programs to reward 
States that reform insurance markets to provide a more flexible 
insurance product to meet the needs of patients. Instead of dictating 
and controlling health insurance from a new Washington national office, 
the Congress should follow the direction of the National Governors 
Association that said that States must have the flexibility to respond 
to justifiable variation in local conditions and costs. Obviously, 
health care in Alaska is very different from health care in Florida. 
And we should allow States to manage that flexibility in the most 
appropriate way. Programs that we focused on and looked at most 
intensely are Idaho's high-risk reinsurance program and the 
Massachusetts State insurance program. And these flexible programs 
should not be overridden by Congress.
  We also want to provide more control and flexibility, but most 
importantly, dignity to low-income patients. With 25 percent of people 
already eligible for public coverage, not even enrolling in the public 
plans currently offered, we should find ways to have patients be able 
to join lower-cost private plans that with a combination of subsidies 
and tax credits, lawsuit reform, health information technology and 
deductions would not only make their insurance more affordable but 
would suddenly give lower-income Americans the same control over their 
health care that middle- and upper-income Americans have.
  Another key point of our agenda reform is to increase the number of 
Americans who have access to health insurance. There is a key point of 
common sense here that lowering the cost of health insurance will 
expand access. As I outlined earlier, on average, health insurance in 
California costs about $5,000 less than health insurance in New Jersey. 
By permitting health alliances and pooling national resources, 
deploying health information technology and equalizing tax breaks for 
self-employed Americans, we will dramatically lower the cost of 
insurance and therefore expand access.
  We should also take some time to expand rural health care. In the 
Congress, the National Health Service Corps and the area health care 
centers should be reauthorized and expanded to make sure that we can 
address this critical rural need, especially in primary care.
  One of the items not talked about very much in the House or the 
Senate is the potential for damage that we could cause to the health 
insurance that Americans currently have. Legislation in the House and 
Senate called the Healthy Americans Act would end the tax break for 
employer-provided health insurance in the United States. That sounds 
like a technical phrase, but you should remember that employer-provided 
health plans cover 160 million Americans. And most of those plans are 
supported through the ERISA legislation and tax break that employers 
receive. Legislation like the Healthy Americans Act not only kills the 
Federal Employer Health Benefit Plan that covers every Member of this 
Capital, staffer, Senator, Congressman and all Federal employees, but 
it then goes on to wipe out the Federal tax break under ERISA for the 
other 155 million Americans that depend on this health insurance.

                              {time}  2230

  In fact, just yesterday, the Director of the Office of Management and 
Budget said we may need to look at cutting back the tax benefit that 
supports employer-provided health care. In my view, this is an idea 
whose time has never come.
  One of the key rules in health care is to do no harm, and for this 
Congress to attack employer-provided health care is an attack on the 
health care of every Federal employee and 155 million civilian 
employees who depend on employer-provided health care.
  Instead, our bipartisan agenda strengthens employer health care and 
continues the benefits under ERISA that cover 160 million Americans. We 
should not only allow Americans to keep the health insurance they like, 
we should also improve quality and accountability. One of the best ways 
to do that is to accelerate the deployment of health information 
technology.
  The Congress should accelerate the setting of standards and using 
payment incentives under Medicare, Medicaid, TRICARE, which covers 
military retirees, and the VA and Indian Health Service to encourage 
the more rapid deployment of health information technology to reduce 
medical errors, to limit the waste of defensive medicine, and to 
improve health outcomes. Many of these advances, especially with 
electronic medical records, have already been made at the Veterans 
Administration, leading to an 80 percent reduction in health errors.
  Key health information technologies also include e-prescribing, 
chronic disease registries, and clinical decision systems that will 
dramatically lower cost, improve outcomes, and eliminate errors.
  This Congress also needs to work on eliminating fraud, waste, and 
abuse in the current government health care systems. The Congressional 
Budget Office estimates that more than $10 billion in improper Medicare 
payments were made in 2008 alone. There is strong bipartisan support 
for a number of policies outlined in both the Ways and Means and 
Finance Committees to improve transparency, to prosecute fraud, and to 
require provider accountability.
  When we look to the future, I think we should emphasize research and 
not rationing. It was a bipartisan effort led by President Clinton and 
Speaker Gingrich that doubled the resources to the National Institutes 
of Health. In my view, we should accelerate that momentum on basic 
research.
  The Congress also approved funding for comparative effective 
research. Now, this research has the potential to help patients and 
doctors to make informed decisions. But many in the Congress would like 
to use the $1 billion recently approved for comparative effectiveness 
research to actually begin a system of restrictions and rationing in 
the United States. In my view, this takes us into the problems that I 
described earlier in my talk and would

[[Page 12723]]

ruin some of the key advances that distinguish American health care 
among those of our allies.
  We should also foster public-private partnerships to avoid an 
innovation gap that is currently existing between where public 
research, especially funded by the NIH, ends and where real health care 
delivery mechanisms can begin.
  Congress can use this opportunity to foster a new bridge for biotech 
companies, universities, patient advocacy organizations, pharmaceutical 
companies, and research institutions to accelerate the deployment of 
new research in the practice of medicine, an area where the United 
States has excelled, a country that has already received more Nobel 
Prizes in medicine than any other country on Earth.
  Finally, on the research side, we should look at compassionate 
access. With little to lose, many terminally ill patients can only hope 
for the very quick FDA approval of cutting-edge treatments and drugs 
for hope in their own case. Compassionate access can provide real hope 
to patients that need it most, can save their lives, and can accelerate 
treatments for nearly everyone, but especially the seriously ill.
  When we look at the key objectives of this bipartisan agenda, we also 
have to return to a basic principle, I believe, central to the American 
character, which is increasing personal responsibility. It's time, like 
the chart that I outlined here, to look at bad health habits, 
principally obesity, drinking, and smoking, and to encourage or reward 
Americans who do not exhibit these habits. Normally, we see 75 percent 
of the Nation's health care spending is dedicated to chronic diseases 
related to these three areas, all entirely preventable if we encourage 
the right habits.
  Also, we ought to expand the use of health savings accounts, because 
we know that Americans who directly control health spending from their 
own tax-deferred health savings account, much like an IRA, will take a 
much greater role in the health care decisions they make. Their patient 
compliance will likely be higher, and the choices they make will be 
more appropriate for end-of-life care. These health savings accounts 
are critical, not just to empowering patients, but also to eventually 
either becoming part of a patient retirement savings or an estate for 
their children.
  Finally, when we look at all of these reforms, we have to pay key 
attention to the bottom line. Health care reform in the United States 
has to lower the demand for Federal borrowing, now at what the 
President already describes as a completely unsustainable rate. Because 
many sick and elderly Americans will depend on the reforms that we 
make, the reforms instituted by this Congress must be fiscally 
responsible and sustainable over time.
  The Congressional Budget Office reports that we will borrow $1.18 
trillion just in fiscal year 2009 in a completely unsustainable way, 
and that new revenues for a health care bill that could be put forward 
by this House are simply not there.
  In its place, this Congress could look at an enormous tax increase or 
at faltering climate change legislation that already looks like it will 
not provide the revenues initially hoped for in its early drafts. In 
the face of this lack of funding, either on the borrowing side or the 
unwillingness of Americans to go through a new tax increase and 
faltering prospects for a climate change bill, it's essential that we 
return to the kind of reforms that I just outlined here tonight as a 
way to lower the cost of health insurance, expand access, and improve 
health care outcomes.
  I spent quite a bit of time here tonight talking about the situation 
in detail because, in my view, this is going to be the biggest subject 
this Congress deals with this summer. When we look at the worst angels 
of our nature, we might be able to expect a fairly fierce and partisan 
debate here in the House. That is predictable but unfortunate.
  My hope lies in the moderates of the Senate who can come forward and 
make sure that we have a bipartisan, modest, and sustainable set of 
health care reforms that will improve health care for every American in 
this country in a sustainable way across Presidential administrations 
and across parties, and not end up making the same mistakes as our 
allies in Canada and Britain.
  Well, those are the details. We will be providing further details in 
the Tuesday Group meeting tomorrow, and we look forward to joining with 
many Members on the Democratic side in building what can be one of the 
greatest opportunities for this Congress to affect the daily lives of 
the Americans that we represent.
  And I yield back the balance of my time.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Ellison (at the request of Mr. Hoyer) for today on account of 
official business in district.
  Mr. Kanjorski (at the request of Mr. Hoyer) for today on account of 
official business.
  Mr. Stupak (at the request of Mr. Hoyer) for today.
  Mr. Wamp (at the request of Mr. Boehner) for today on account of his 
24th wedding anniversary.

                          ____________________




                         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. Hare) to revise and 
extend their remarks and include extraneous material:)
  Ms. Woolsey, for 5 minutes, today.
  Mr. Hare, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  (The following Members (at the request of Mr. Broun of Georgia) to 
revise and extend their remarks and include extraneous material:)
  Mr. Poe of Texas, for 5 minutes, May 22.
  Mr. Jones, for 5 minutes, May 22.
  Mr. Paul, for 5 minutes, May 19, 20 and 21.
  Mr. McHenry, for 5 minutes, May 19, 20, 21 and 22.
  Mr. Moran of Kansas, for 5 minutes, today, May 19, 20 and 21.
  Mr. Broun of Georgia, for 5 minutes, today.

                          ____________________




                              ADJOURNMENT

  Mr. KIRK. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 10 o'clock and 39 minutes 
p.m.), under its previous order, the House adjourned until tomorrow, 
Tuesday, May 19, 2009, at 10:30 a.m., for morning-hour debate.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

   Under clause 2 of Rule XXIV, executive communications were taken 
from the Speaker's table and referred as follows:

       1876. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the Department's reports 
     entitled, ``The National Healthcare Quality Report 2008 
     (NHQR)'' and ``The National Healthcare Disparities Report 
     2008 (NHDR)'', pursuant to Public Law 106-129; to the 
     Committee on Energy and Commerce.
       1877. A letter from the Acting Assoc. Bur. Chief, Federal 
     Communications Commission, transmitting the Commission's 
     final rule -- In the Matter of Amendment of Part 90 of the 
     Commission's Rules [WP Docket No.: 07-100] received April 30, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Energy and Commerce.
       1878. A letter from the Acting Assistant Secretary For 
     Export Administration, Department of Commerce, transmitting 
     the Department's final rule -- Additions and Revisions to the 
     List of Approved End-Users and Respective Eligible Items for 
     the People's Republic of China (PRC) Under Authorization 
     Validated End-User (VEU) [Docket No.: 090415662-9687-01] 
     (RIN: 0694-AE61) received April 30, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Foreign Affairs.
       1879. A letter from the Chairman, Federal Accounting 
     Standards Advisory Board, transmitting the Board's report 
     entitled, ``Estimating the Historical Cost of General 
     Property, Plant, and Equipment: Amending Statements of 
     Federal Financial Accounting Standards 6 and 23'', pursuant 
     to Section 307 of the Chief Financial Officers Act of 1990; 
     to

[[Page 12724]]

     the Committee on Oversight and Government Reform.
       1880. A letter from the Director of Regulations Management, 
     Department of Veterans Affairs, transmitting the Department's 
     final rule -- Per Diem for Nursing Home Care of Veterans in 
     State Homes (RIN: 2900-AM97) received April 27, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Veterans' Affairs.
       1881. A letter from the Director of Regulation Management, 
     Department of Veterans Affairs, transmitting the Department's 
     final rule -- Headstones and Markers (RIN: 2900-AN29) 
     received April 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Veterans' Affairs.
       1882. A letter from the Chief, Publications and 
     Regulations, Internal Revenue Service, transmitting the 
     Service's final rule -- Credit for Residential Energy 
     Efficient Property [Notice 2009-41] received April 24, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways 
     and Means.
       1883. A letter from the Deputy Chief Counsel, Regulations, 
     Department of Homeland Security, transmitting the 
     Department's final rule -- Rail Transportation Security 
     [Docket No.: TSA-2006-26514; Amendment nos. 1520-6, 1580-1] 
     (RIN: 1652-AA51) received April 30, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Homeland Security.

                          ____________________




         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:

       Mr. PERLMUTTER: Committee on Rules. House Resolution 450. 
     Resolution waiving a requirement of clause 6(a) of rule XIII 
     with respect to consideration of certain resolutions reported 
     from the Committee on Rules (Rept. 111-113). Referred to the 
     House Calendar.
       Mr. TOWNS: Committee on Oversight and Government Reform. 
     H.R. 885. A bill to elevate the Inspector General of certain 
     Federal entities to an Inspector General appointed pursuant 
     to section 3 of the Inspector General Act of 1978; with an 
     amendment (Rept. 111-114). Referred to the Committee of the 
     Whole House on the State of the Union.
       Mr. TOWNS: Committee on Oversight and Government Reform. 
     H.R. 2182. A bill to amend the American Recovery and 
     Reinvestment Act of 2009 to provide for enhanced State and 
     local oversight of activities conducted pursuant to such Act, 
     and for other purposes (Rept. 111-115). Referred to the 
     Committee of the Whole House on the State of the Union.
       Mr. TOWNS: Committee on Oversight and Government Reform. 
     H.R. 626. A bill to provide that 4 of the 12 weeks of 
     parental leave made available to a Federal employee shall be 
     paid leave, and for other purposes (Rept. 111-116 Pt. 1). 
     Referred to the Committee of the Whole House on the State of 
     the Union.
       Mr. CONYERS: Committee on the Judiciary. H.R. 1676. A bill 
     to prevent tobacco smuggling, to ensure the collection of all 
     tobacco taxes, and for other purposes; with an amendment 
     (Rept. 111-117). Referred to the Committee of the Whole House 
     on the State of the Union.


                         discharge of committee

  Pursuant to clause 2 of rule XII, the Committee on House 
Administration discharged from further consideration, H.R. 626 referred 
to the Committee of the Whole House on the State of the Union, and 
ordered to be printed.

                          ____________________




                      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. FALEOMAVAEGA (for himself, Ms. Bordallo, Mr. 
             Delahunt, and Ms. Hirono):
       H.R. 2455. A bill to amend the Whale Conservation and 
     Protection Study Act to promote international whale 
     conservation, protection, and research, and for other 
     purposes; to the Committee on Foreign Affairs, and in 
     addition to the Committees on Natural Resources, Ways and 
     Means, and 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 Mrs. DAVIS of California (for herself, Mr. Bishop of 
             New York, Mr. Hare, Mr. Cummings, Mr. Wu, and Mr. 
             Costello):
       H.R. 2456. A bill to amend section 484B of Higher Education 
     Act of 1965 to provide for tuition reimbursement and loan 
     forgiveness to students who withdraw from an institution of 
     higher education to serve in the uniformed services, and for 
     other purposes; to the Committee on Education and Labor.
           By Mrs. DAVIS of California (for herself, Mr. McCotter, 
             Mr. Rush, Mr. Wittman, and Mr. Hare):
       H.R. 2457. A bill to amend the Employee Retirement Income 
     Security Act of 1974, the Public Health Service Act, and the 
     Internal Revenue Code to require that group health plans and 
     issuers of health insurance coverage provide coverage for 
     second opinions; to the Committee on Energy and Commerce, and 
     in addition to the Committees on Education and Labor, and 
     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. LAMBORN (for himself, Mr. Akin, Mrs. Bachmann, 
             Mr. Bartlett, Mrs. Blackburn, Mr. Boozman, Mr. Brady 
             of Texas, Mr. Burton of Indiana, Mr. Calvert, Mr. 
             Conaway, Ms. Fallin, Mr. Fleming, Mr. Franks of 
             Arizona, Mr. Gingrey of Georgia, Mr. Gohmert, Mr. 
             Hensarling, Mr. Hoekstra, Mr. Hunter, Mr. Sam Johnson 
             of Texas, Mr. Jones, Mr. Jordan of Ohio, Mr. King of 
             Iowa, Mr. Kline of Minnesota, Mr. Latta, Mr. Linder, 
             Mr. Marchant, Mr. McClintock, Mr. McCotter, Mr. 
             McHenry, Mr. McKeon, Mrs. McMorris Rodgers, Mr. Moran 
             of Kansas, Mr. Neugebauer, Mr. Pence, Mr. Pitts, Mrs. 
             Schmidt, Mr. Shimkus, Mr. Souder, Mr. Tiahrt, Mr. 
             Wittman, and Mr. Miller of Florida):
       H.R. 2458. A bill to amend the General Education Provisions 
     Act to prohibit Federal education funding for elementary or 
     secondary schools that provide access to emergency postcoital 
     contraception; to the Committee on Education and Labor.
           By Mr. BURTON of Indiana (for himself and Mr. Wexler):
       H.R. 2459. A bill to amend the Public Health Service Act 
     with respect to the National Vaccine Injury Compensation 
     Program; to the Committee on Energy and Commerce.
           By Ms. DeLAURO (for herself, Mr. George Miller of 
             California, Mr. Hare, Mr. Hinchey, Mr. Serrano, Ms. 
             Schakowsky, Mrs. Capps, Mr. Nadler of New York, Mr. 
             McGovern, Mr. Frank of Massachusetts, Mrs. Maloney, 
             Mr. Gutierrez, Mrs. McCarthy of New York, Mr. Walz, 
             Mr. Rush, Ms. Baldwin, Mr. Holt, Ms. Linda T. Sanchez 
             of California, Ms. Norton, Mr. Filner, Ms. Jackson-
             Lee of Texas, Mr. Stark, Ms. Schwartz, Mr. Johnson of 
             Georgia, Mr. Waxman, Ms. Castor of Florida, Ms. Zoe 
             Lofgren of California, Ms. Moore of Wisconsin, Mr. 
             Connolly of Virginia, Mrs. Lowey, Mr. Kildee, Mr. 
             Bishop of New York, Mr. Olver, Mr. Blumenauer, Mr. 
             Ryan of Ohio, Ms. Wasserman Schultz, Mr. Cleaver, Mr. 
             Ellison, Mr. Kucinich, Ms. Sutton, Mr. Ortiz, Mr. 
             Israel, Mr. Brady of Pennsylvania, Mr. Markey of 
             Massachusetts, Ms. Woolsey, Mr. Al Green of Texas, 
             Mr. Gene Green of Texas, Mr. Cummings, Mrs. Davis of 
             California, Mr. Lewis of Georgia, Mr. McDermott, Mr. 
             Rodriguez, Mr. Lynch, Mr. Michaud, Ms. Berkley, Mr. 
             Van Hollen, Mr. Jackson of Illinois, Mr. Sarbanes, 
             Mr. Rothman of New Jersey, Mr. Oberstar, Ms. Hirono, 
             Mr. Grayson, Mr. Grijalva, Ms. Pingree of Maine, Mr. 
             Carson of Indiana, Mr. Capuano, Mr. Cohen, Mr. 
             Conyers, Mr. Costello, Ms. Eshoo, Mr. Honda, Ms. 
             Kilpatrick of Michigan, Mr. Larson of Connecticut, 
             Ms. Lee of California, Ms. McCollum, Mr. Moran of 
             Virginia, Mr. Murphy of Connecticut, Mr. Pascrell, 
             Mr. Price of North Carolina, Mr. Sherman, Mr. 
             Kennedy, Ms. Velazquez, Mr. Weiner, Mr. Doyle, Mr. 
             Fattah, Mr. Sires, Mr. Davis of Illinois, Mr. Clay, 
             Ms. Corrine Brown of Florida, Mr. Pallone, Mr. Meeks 
             of New York, Mr. Berman, Mr. Courtney, Mr. Meek of 
             Florida, Mrs. Christensen, Mr. Payne, Ms. Clarke, Ms. 
             Shea-Porter, Mr. Abercrombie, Ms. Edwards of 
             Maryland, Mr. Sablan, and Ms. Fudge):
       H.R. 2460. A bill to allow Americans to earn paid sick time 
     so that they can address their own health needs and the 
     health needs of their families; to the Committee on Education 
     and Labor, and in addition to the Committees on Oversight and 
     Government Reform, and 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 Ms. HERSETH SANDLIN (for herself and Mr. Boozman):
       H.R. 2461. A bill to amend title 38, United States Code, to 
     clarify the responsibility of the Secretary of Veterans 
     Affairs to verify the veteran status of the owners of small 
     business concerns listed in the database maintained by the 
     Secretary; to the Committee on Veterans' Affairs.
           By Mr. KING of New York:
       H.R. 2462. A bill to eliminate the backlog in performing 
     DNA analyses of DNA samples collected from convicted child 
     sex offenders, and for other purposes; to the Committee on 
     the Judiciary.
           By Mr. KING of New York (for himself and Mr. Tiahrt):

[[Page 12725]]


       H.R. 2463. A bill to amend the Internal Revenue Code of 
     1986 to establish and provide a checkoff for a Breast and 
     Prostate Cancer Research Fund, and for other purposes; 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 Mrs. LOWEY:
       H.R. 2464. A bill to amend title 49, United States Code, to 
     prohibit advance notice to certain individuals, including 
     security screeners, of covert testing of security screening 
     procedures for the purpose of enhancing transportation 
     security at airports, and for other purposes; to the 
     Committee on Homeland Security.
           By Mrs. LOWEY:
       H.R. 2465. A bill to amend the Internal Revenue Code of 
     1986 to reward those Americans who provide volunteer services 
     in times of national need; to the Committee on Ways and 
     Means.
           By Mrs. LOWEY:
       H.R. 2466. A bill to amend the Internal Revenue Code of 
     1986 to protect the financial stability of activated members 
     of the Ready-Reserve and National Guard while serving abroad; 
     to the Committee on Ways and Means.
           By Mr. LYNCH:
       H.R. 2467. A bill to provide for semiannual actuarial 
     studies of the FHA mortgage insurance program of the 
     Secretary of Housing and Urban Development; to the Committee 
     on Financial Services.
           By Mr. McDERMOTT:
       H.R. 2468. A bill to establish a United States-India 
     interparliamentary exchange group; to the Committee on 
     Foreign Affairs.
           By Mr. POE of Texas (for himself, Mr. Burton of 
             Indiana, Mr. McCaul, Mr. Coble, Mr. Chaffetz, Mr. 
             Souder, and Mr. Gallegly):
       H.R. 2469. A bill to amend the Controlled Substances Act to 
     enhance criminal penalties for drug trafficking offenses 
     relating to distribution of heroin, marihuana, and 
     methamphetamine and distribution to and use of children, and 
     for other purposes; 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. ROONEY (for himself, Mr. Miller of Florida, Ms. 
             Ros-Lehtinen, Ms. Corrine Brown of Florida, Mr. Klein 
             of Florida, Ms. Kosmas, Mr. Mario Diaz-Balart of 
             Florida, Mr. Lincoln Diaz-Balart of Florida, Mr. 
             Posey, Mr. Mack, Mr. Buchanan, Mr. Hastings of 
             Florida, Mr. Meek of Florida, Ms. Ginny Brown-Waite 
             of Florida, Mr. Mica, Mr. Putnam, Ms. Wasserman 
             Schultz, Mr. Stearns, Ms. Castor of Florida, Mr. 
             Bilirakis, Mr. Crenshaw, Mr. Wexler, Mr. Boyd, Mr. 
             Grayson, and Mr. Young of Florida):
       H.R. 2470. A bill to designate the facility of the United 
     States Postal Service located at 19190 Cochran Boulevard FRNT 
     in Port Charlotte, Florida, as the ``Lieutenant Commander Roy 
     H. Boehm Post Office Building''; to the Committee on 
     Oversight and Government Reform.
           By Mr. WHITFIELD:
       H.R. 2471. A bill to reauthorize the Uranium Enrichment 
     Decontamination and Decommissioning Fund, to authorize the 
     Secretary of Energy to pay affected participants under a 
     pension plan referred to in the USEC Privatization Act for 
     benefit increases not received, to direct the Secretary of 
     Energy to provide a plan for the re-enrichment of certain 
     uranium tailings, 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. RUSH (for himself, Mr. Payne, Mr. McDermott, Mr. 
             Rangel, Ms. Kilpatrick of Michigan, Ms. Clarke, Mr. 
             Clay, Mr. Fattah, Mr. Cummings, Mr. Meeks of New 
             York, Mr. Cao, and Mr. Royce):
       H. Con. Res. 128. Concurrent resolution expressing the 
     sense of Congress that Africa is of significant strategic, 
     political, economic, and humanitarian importance to the 
     United States; to the Committee on Foreign Affairs.
           By Mr. BOOZMAN:
       H. Res. 451. A resolution expressing the sense of the House 
     of Representatives with respect to childhood stroke and 
     designating an appropriate date as ``National Childhood 
     Stroke Awareness Day''; to the Committee on Energy and 
     Commerce.
           By Mr. CAPUANO:
       H. Res. 452. A resolution expressing support for 
     designation of September 15, 2009, as ``National Kids' 
     Philanthropy Day''; to the Committee on Education and Labor.
           By Ms. MATSUI (for herself, Mr. Price of North 
             Carolina, Mr. Platts, Mr. Ehlers, Mr. Berman, Mr. 
             Berry, Mr. Blumenauer, Mrs. Capps, Mr. Cardoza, Mr. 
             Costa, Mr. Doggett, Mr. Faleomavaega, Mr. Farr, Mr. 
             Hodes, Mr. Honda, Mr. Lewis of Georgia, Mr. Loebsack, 
             Mr. McDermott, Mr. George Miller of California, Mrs. 
             Napolitano, Ms. Norton, Mr. Polis of Colorado, Mr. 
             Sarbanes, Mr. Schiff, Ms. Slaughter, Mr. Thompson of 
             California, Mr. Van Hollen, and Mr. Waxman):
       H. Res. 453. A resolution recognizing the significant 
     accomplishments of the AmeriCorps and encouraging all 
     citizens to join in a national effort to salute AmeriCorps 
     members and alumni, and raise awareness about the importance 
     of national and community service; to the Committee on 
     Education and Labor.
           By Mr. POE of Texas (for himself, Mr. Costa, Mr. 
             Stupak, Mrs. Biggert, Mr. Wolf, and Ms. Zoe Lofgren 
             of California):
       H. Res. 454. A resolution recognizing the 25th anniversary 
     of the National Center for Missing and Exploited Children; to 
     the Committee on Education and Labor.
           By Mr. TIAHRT:
       H. Res. 455. A resolution congratulating the Wichita State 
     University men's and women's bowling teams for winning the 
     2009 United States Bowling Congress Intercollegiate Bowling 
     National Championship; to the Committee on Education and 
     Labor.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 22: Ms. Waters, Mr. Bonner, and Mr. Neal of 
     Massachusetts.
       H.R. 52: Mr.Tanner.
       H.R. 197: Mr. Sam Johnson of Texas, Mr. Chandler, Mr. 
     Nunes, and Mrs. Kirkpatrick of Arizona.
       H.R. 416: Mr. Moran of Virginia.
       H.R. 442: Mr. Cassidy, Mrs. Bachmann, and Mr. King of Iowa.
       H.R. 450: Mr. Moran of Kansas.
       H.R. 484: Mr. Calvert and Mr. Courtney.
       H.R. 574: Mr. Higgins and Ms. Schakowsky.
       H.R. 606: Ms. Jackson-Lee of Texas.
       H.R. 622: Ms. Markey of Colorado.
       H.R. 669: Mr. Peterson.
       H.R. 863: Mr. Schiff, Mr. Snyder, Ms. Kilpatrick of 
     Michigan, Ms. McCollum, Mr. Connolly of Virginia, Mr. Price 
     of North Carolina, Mr. Hinchey, Mrs. Tauscher, Mr. Moran of 
     Virginia, and Mrs. Capps.
       H.R. 904: Ms.  Schakowsky.
       H.R. 913: Mr. Cohen.
       H.R. 952: Mr. Edwards of Texas and Mr. Hill.
       H.R. 981: Mr. McDermott.
       H.R. 984: Mr. McDermott.
       H.R. 1064: Mr. Capuano, Mr. Driehaus, Mr. Israel, and Mr. 
     Van Hollen.
       H.R. 1067: Mr. Massa and Mr. Alexander.
       H.R. 1074: Mr. Michaud, Mr. Salazar, Mr. Culberson, Mr. 
     Bilirakis, Mr. Schock, Mrs. Bachmann, Mr. Latta, and Mr. King 
     of Iowa.
       H.R. 1115: Mr.Chaffetz.
       H.R. 1118: Mr.Rohrabacher.
       H.R. 1150: Mr.Chandler.
       H.R. 1203: Mr. Carson of Indiana, Mr. McGovern, Mr. Arcuri, 
     Mr. Davis of Tennessee, Mr. Braley of Iowa, Mr. Larsen of 
     Washington, Mr. Stupak, Ms. Schakowsky, Mr. Calvert, Mr. 
     Boren, and Mr. Simpson.
       H.R. 1210: Mr. Walz.
       H.R. 1213: Mr. Barrow.
       H.R. 1215: Ms. Clarke.
       H.R. 1242: Mr. Moore of Kansas and Mrs. Bono Mack.
       H.R. 1257: Mr. Scalise.
       H.R. 1313: Mr. Michaud.
       H.R. 1327: Mr. Luetkemeyer, Mr. Cummings, Mr. Boyd, Mr. 
     Boswell, Mr. Coble, and Mr. Minnick.
       H.R. 1329: Ms. Castor of Florida and Mr. Carson of Indiana.
       H.R. 1380: Mr. Yarmuth.
       H.R. 1389: Mr. Rothman of New Jersey.
       H.R. 1441: Mr. Guthrie.
       H.R. 1443: Mr. Price of North Carolina.
       H.R. 1454: Mr. Frank of Massachusetts, Mr. Wolf, and Mr. 
     Berman.
       H.R. 1458: Mr. Lewis of Georgia, Mr. Carnahan, and Mr. 
     Price of North Carolina.
       H.R. 1478: Mr. Conyers and Mr. Cohen.
       H.R. 1507: Mr. Cummings.
       H.R. 1521: Mr. Klein of Florida.
       H.R. 1522: Mr. Filner, Ms. Corrine Brown of Florida, and 
     Mr. Meeks of New York.
       H.R. 1548: Mr. Sam Johnson of Texas.
       H.R. 1550: Mr. Boccieri.
       H.R. 1552: Mr. Cummings.
       H.R. 1558: Mr. Wilson of Ohio, Mr. Levin, and Mr. Boucher.
       H.R. 1585: Mr. Carson of Indiana.
       H.R. 1587: Mr. Lamborn, Mr. Duncan, Mr. Smith of Nebraska, 
     Mr. Schock, and Mr. Hunter.
       H.R. 1588: Mr. Wittman, Mr. Gohmert, and Mr. Hoekstra.
       H.R. 1597: Ms. Kosmas.
       H.R. 1607: Mr. Kildee.
       H.R. 1616: Mr. Jackson of Illinois, Mr. DeFazio, Mr. Meek 
     of Florida, Mr. Olver, Ms. Roybal-Allard, Mr. Kennedy, and 
     Mr. Sherman.
       H.R. 1662: Mr. Hall of New York, Mrs. Tauscher, Mr. 
     Ackerman, Mr. Ellison, Mr. Childers, Mr. Jones, Mr. McNerney, 
     Mr. Rush, Mr. Scott of Georgia, Mr. Bishop of Georgia, and 
     Ms. Corrine Brown of Florida.

[[Page 12726]]


       H.R. 1670: Ms. Shea-Porter and Mr. Connolly of Virginia.
       H.R. 1671: Mrs. Miller of Michigan, Mr. Cummings, and Mr. 
     Sablan.
       H.R. 1691: Mr. Rahall and Mr. Latham.
       H.R. 1708: Ms. Lee of California, Ms. Roybal-Allard, Mr. 
     Jones, Ms. Sutton, Mr. Scott of Virginia, and Mr. LoBiondo.
       H.R. 1712: Mr. Latta.
       H.R. 1765: Mr. Pitts.
       H.R. 1799: Mr. Boyd and Mr. Teague.
       H.R. 1803: Mr. Boucher.
       H.R. 1898: Mr. Thompson of California, Ms. Schwartz, and 
     Mr. McDermott.
       H.R. 1940: Ms. Castor of Florida.
       H.R. 1948: Mr. Kirk.
       H.R. 2006: Mr. Cohen and Mr. Gonzalez.
       H.R. 2014: Mr. Larsen of Washington, Mr. Kind, Mr. Inslee, 
     Mr. Nunes, Mr. Burton of Indiana, Mr. Courtney, Mrs. 
     Dahlkemper, Mr. Jones, Ms. DeGette, Ms. Shea-Porter, Ms. 
     Fudge, and Mr. Putnam.
       H.R. 2017: Mrs. Dahlkemper.
       H.R. 2048: Mr. Burton of Indiana.
       H.R. 2049: Mr. Roe of Tennessee and Mr. Latham.
       H.R. 2053: Mrs. Napolitano.
       H.R. 2058: Mr. Brady of Texas, Mr. Hinchey, and Mr. Massa.
       H.R. 2060: Ms. Ros-Lehtinen.
       H.R. 2070: Ms. Titus.
       H.R. 2076: Mr. Holt.
       H.R. 2081: Ms. McCollum.
       H.R. 2112: Ms. Edwards of Maryland.
       H.R. 2123: Mr. Murtha.
       H.R. 2141: Ms. Speier and Mr. Cummings.
       H.R. 2193: Mr. Bishop of Utah, Mr. Brady of Texas, Ms. 
     Fallin, Mr. Franks of Arizona, Mr. Gingrey of Georgia, Mr. 
     Hunter, Mr. Jordan of Ohio, Mr. King of Iowa, Mrs. Lummis, 
     Mr. McClintock, Mr. McKeon, Mr. Posey, Mr. Latta, Mr. Rooney, 
     Mr. Poe of Texas, Mr. Broun of Georgia, Mr. Coffman of 
     Colorado, Mr. Roe of Tennessee, and Mr. Cole.
       H.R. 2194: Mr. Luetkemeyer, Mr. Ryan of Wisconsin, Mr. 
     Shuler, Mrs. Bono Mack, Mr. Crowley, Mr. Ross, Ms. Berkley, 
     Mr. Boren, Mr. Rothman of New Jersey, Ms. Ginny Brown-Waite 
     of Florida, Mr. Maffei, and Mr. Daniel E. Lungren of 
     California.
       H.R. 2209: Mr. Quigley and Mr. Filner.
       H.R. 2245: Mr. Towns, Mr. Kanjorski, Mrs. Maloney, Mr. 
     Cummings, Mr. Mica, Ms. Fudge, Mr. Courtney, and Mr. Hare.
       H.R. 2246: Mr. Peterson.
       H.R. 2263: Mr. Farr.
       H.R. 2269: Ms. Corrine Brown of Florida.
       H.R. 2294: Mr. Kingston, Mr. Gohmert, Mr. McKeon, Mr. Cao, 
     Mr. McHenry, Mr. Hall of Texas, Mr. Hensarling, Mr. Forbes, 
     Mr. Ryan of Wisconsin, Mr. Ehlers, Mr. Brady of Texas, Mr. 
     Royce, and Mr. McClintock.
       H.R. 2312: Mr. Honda.
       H.R. 2350: Mr. Wu, Mr. Sarbanes, and Mr. Heinrich.
       H.R. 2360: Mr. Welch, Mr. Wilson of Ohio, Mr. Platts, and 
     Mr. Michaud.
       H.R. 2365: Mr. McNerney, Mr. Filner, Mr. McIntyre, Mr. 
     Sablan, and Mr. Gordon of Tennessee.
       H.R. 2368: Mr. Hinchey.
       H.R. 2389: Mr. Wu and Mr. Blumenauer.
       H.R. 2397: Mr. Chaffetz.
       H.R. 2404: Mr. Loebsack, Mr. Frank of Massachusetts, and 
     Mr. Yarmuth.
       H.R. 2426: Mr. Ellison.
       H.R. 2427: Mr. Frank of Massachusetts.
       H.R. 2450: Mr. Brady of Pennsylvania and Mr. Murtha.
       H. Con. Res. 102: Mr. Platts.
       H. Con. Res. 108: Mr. Brady of Pennsylvania, Ms. DeGette, 
     and Mr. McDermott.
       H. Con. Res. 118: Mr. Goodlatte.
       H. Con. Res. 120: Mr. Calvert.
       H. Con. Res. 127: Mr. Meeks of New York, Mr. Wilson of 
     South Carolina, Mr. Hastings of Florida, Mr. Pierluisi, and 
     Ms. Corrine Brown of Florida.
       H. Res. 57: Mr. Blumenauer, Mrs. Christensen, Mr. Meek of 
     Florida, and Mr. Gene Green of Texas.
       H. Res. 111: Mr. Marchant, Mr. Andrews, Mr. Sam Johnson of 
     Texas, Mr. Payne, Mr. Teague, Mr. Fattah, Mrs. Lummis, Mr. 
     Michaud, and Mr. Platts.
       H. Res. 175: Mr. Massa.
       H. Res. 196: Mr. Wilson of South Carolina, Mr. Coble, Mr. 
     McCotter, Mr. Rogers of Kentucky, Mr. Burton of Indiana, and 
     Mr. Wittman.
       H. Res. 225: Mr. Hoekstra and Mr. Issa.
       H. Res. 252: Mr. Rush, Mr. Braley of Iowa, Mr. DeFazio, and 
     Mr. Yarmuth.
       H. Res. 260: Mr. Towns.
       H. Res. 267: Mr. Wu.
       H. Res. 318: Mr. Inglis, Mr. Fleming, Mr. McCotter, and Mr. 
     Wilson of South Carolina.
       H. Res. 355: Mr. Doyle, Ms. Bordallo, and Ms. Linda T. 
     Sanchez of California.
       H. Res. 386: Mr. Wittman.
       H. Res. 390: Mr. Wittman, Mr. Issa, and Mr. Young of 
     Florida.
       H. Res. 397: Mr. Deal of Georgia.
       H. Res. 407: Mr. Gutierrez, Ms. Clarke, Mr. Loebsack, Mr. 
     Thompson of Mississippi, Ms. Ros-Lehtinen, Mr. Lewis of 
     Georgia, Mr. Davis of Illinois, Mrs. Capps, Mr. Wilson of 
     Ohio, Mr. Kildee, Mr. Kagen, and Mr. Crowley.
       H. Res. 408: Mr. Wittman.
       H. Res. 426: Mr. Calvert.
       H. Res. 430: Mr. Brady of Pennsylvania, Mrs. Halvorson, Mr. 
     Oberstar, Mr. Pallone, Ms. DeLauro, Mr. Crowley, Mr. Doyle, 
     Mr. Ryan of Ohio, Mr. Towns, Mr. Markey of Massachusetts, Mr. 
     Payne, Mr. Neal of Massachusetts, Mr. Faleomavaega, Mr. 
     Perriello, and Mr. Gallegly.
       H. Res. 433: Mr. Grijalva, Mr. Waxman, Mr. Hastings of 
     Florida, Mr. Holt, Ms. Norton, and Mr. Moran of Virginia.
       H. Res. 437: Mr. Baird, Mr. Altmire, and Ms. McCollum.
       H. Res. 439: Mr. Pierluisi, Mrs. Christensen, and Mr. Scott 
     of Virginia.

                          ____________________




    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:

       Pursuant to clause 9 of rule XXI of the Rules of the House 
     of Representatives, the Committee on Transportation and 
     Infrastructure is required to include a list of congressional 
     earmarks, limited tax benefits, or limited tariff benefits as 
     defined in clause 9(d), 9(e), or 9(f) of rule XXI of the 
     Rules of the House of Representatives that are included in 
     the manager's amendment to H.R. 915, the ``FAA 
     Reauthorization Act of 2009''. It is not clear if the 
     definition of ``congressional earmark'' under clause 9(d) of 
     rule XXI applies to the provision described below. However, 
     in the interest of full disclosure and transparency, the 
     Committee has required Members of Congress to comply with all 
     requirements of clause 9(d), 9(e) of rule XXI.
       The Amendment No. _ to be offered by Mr. Oberstar of 
     Minnesota, or his designee, to H.R. 915 contains a provision 
     requested by Representative Jim Matheson, which allows the 
     release of certain restrictions on the use of a parcel of 
     property conveyed to the City of St. George, Utah for airport 
     purposes. The proceeds from the sale of such property will be 
     used for the development of a replacement airport. No other 
     provision in the amendment includes an earmark, limited tax 
     benefit, or limited tariff benefit.
     
     
     


[[Page 12727]]

                          EXTENSIONS OF REMARKS
                          ____________________


                         HONORING REX DAVIDSON

                                 ______
                                 

                         HON. YVETTE D. CLARKE

                              of new york

                    in the house of representatives

                          Monday, May 18, 2009

  Ms. CLARKE. Madam Speaker, I rise today to congratulate, pay tribute, 
and honor Mr. Rex Davidson on the occasion of his retirement from his 
post as a very valued Board Member of the New York City Workforce 
Investment Board (WIB) and as President and CEO of Goodwill Industries 
of Greater New York and Northern New Jersey of 36 years.
  On April 8th, I had the pleasure of visiting the New York City WIB 
for a briefing on the programs that we in Congress fund through the 
Workforce Investment Act (WIA) and how these programs reach the 
constituents of my district.
  During this visit I had the opportunity to tour the Brooklyn 
Workforce1 Career Center which provides important customized services 
to both jobseekers and businesses to promote and increase the 
employment, job retention, earnings, and improve the occupational 
skills of New Yorkers.
  The Career Center, funded through WIA and operated by Goodwill 
Industries of Greater New York and Northern New Jersey, just recently 
celebrated its 15,000th placement; an exciting and momentous 
achievement.
  In my district alone in 2008, 7,083 customers received services 
through the Brooklyn Workforce1 Career Center and 1,554 Constituents 
from New York's 11th Congressional District found jobs.
  Rex Davidson attended my visit to the Brooklyn Workforce1 Career 
Center to give both the perspective of an operator of one of our City's 
local One-Stop service locations and Board Member of the WIB.
  It was clear from this interaction with Rex that he is passionate 
about his work both with Goodwill Industries and the Workforce 
Investment Board; he cares about the role of the business-driven 
workforce development system in New York City and the important need to 
link economic and workforce development to achieve the best outcomes 
for New Yorkers and New York City businesses.
  Throughout his tenure with the WIB, Rex exhibited this passion 
helping to drive the increasing performance of not only the Center 
which Goodwill operates, but also that of the entire Workforce1 Career 
Center system.
  Of his many accomplishments as a WIB Member, Rex served as Chair of 
the WIB's Prisoner Re-Entry Steering Committee.
  The make-up of the Steering Committee is of experts representing the 
critical sectors and disciplines in New York City that focus on 
prisoner reentry issues, as well as, other key Board Members. Its goal 
is to address the complex issues associated with the reentry of people 
with criminal histories into New York City's workforce.
  In June of this year, Rex Davison will leave his post at the New York 
City WIB and at Goodwill Industries as he pursues other ventures out 
West.
  At this critical moment in our nation's history, as we seek to 
improve the economic vitality of neighborhoods and ensure that more 
Americans can get back to work, it seems particularly fitting to honor 
Rex and the work that he does in New York City, particularly for the 
residents in my district, and ensuring that more New Yorkers than ever 
have access to services provided through WIA.
  The Workforce Investment Board, Goodwill Industries, the people of 
New York City, and indeed the people of New York State will truly miss 
Rex. Rex Davidson is truly a credit to our nation.
  I hope that you will join me in thanking him for his service and 
wishing him well on his future adventures.

                          ____________________




                              JESUS TORRES

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Jesus Torres who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Jesus Torres is a senior at Arvada High 
School and received this award because his determination and hard work 
have allowed him to overcome adversities.
  The dedication demonstrated by Jesus Torres is exemplary of the type 
of achievement that can be attained with hard work and perseverance. It 
is essential that students at all levels strive to make the most of 
their education and develop a work ethic that will guide them for the 
rest of their lives.
  I extend my deepest congratulations once again to Jesus Torres for 
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I 
have no doubt he will exhibit the same dedication he has shown in his 
academic career to his future accomplishments.

                          ____________________




                            ALEXANDER WATSON

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Alexander Watson who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Alexander Watson is a senior at Pomona 
High School and received this award because his determination and hard 
work have allowed him to overcome adversities.
  The dedication demonstrated by Alexander Watson is exemplary of the 
type of achievement that can be attained with hard work and 
perseverance. It is essential that students at all levels strive to 
make the most of their education and develop a work ethic that will 
guide them for the rest of their lives.
  I extend my deepest congratulations once again to Alexander Watson 
for winning the Arvada Wheat Ridge Service Ambassadors for Youth award. 
I have no doubt he will exhibit the same dedication he has shown in his 
academic career to his future accomplishments.

                          ____________________




   INTRODUCTION OF THE RIGHT TO A SECOND MEDICAL OPINION ACT OF 2009

                                 ______
                                 

                          HON. SUSAN A. DAVIS

                             of california

                    in the house of representatives

                          Monday, May 18, 2009

  Mrs. DAVIS of California. Madam Speaker, I rise today to introduce 
the Right to a Second Medical Opinion Act of 2009 to ensure the 
accessibility and coverage of medical second opinions.
  Imagine that your doctor tells you that you must undergo surgery that 
may threaten the use of a limb or leave you with a serious chronic 
condition. It is only natural to want a second opinion from another 
doctor when facing such a serious health event.
  Besides giving patients much-needed peace of mind, second opinions 
can benefit health plans by reducing the number of invasive procedures 
and result in better patient care through increased dialogue about 
treatment options. Some health care groups see the value in such 
requests and provide patients with a second opinion.
  When I was a member of the California State Assembly, I heard from a 
number of patients who experienced a glitch in their health care 
coverage. They noticed the absence of a clear process for obtaining 
medical second opinions. These patients, many struggling with 
challenging health conditions, had difficulties obtaining second 
opinions through their health plans.
  After meeting with patients, physicians and health groups, I authored 
a law in California that guarantees coverage of second opinions. The 
law in California was a good first step. Unfortunately, only a small 
number of states have similar laws on the books. It is time to extend 
second opinion coverage to health plans nationwide.
  Americans deserve quality and comprehensive health care coverage. I 
urge you, Madam Speaker, and all of my colleagues to pass this critical 
legislation into law.

[[Page 12728]]



                          ____________________




 A TRIBUTE TO BILLIE WESTERNOFF, CALAVERAS COUNTY RESOURCE CONNECTION 
                           FOOD BANK DIRECTOR

                                 ______
                                 

                         HON. DANIEL E. LUNGREN

                             of california

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I rise today to 
pay tribute to Billie Westernoff, who is retiring after 20 years of 
dedicated service at the Calaveras County Connection Food Bank.
  Ms. Westernoff's career at this important community facility has been 
solely based on her desire to serve the public. Her vibrant personality 
and remarkable ability to connect with people have brought national 
recognition to the food bank. Furthermore, her determination to provide 
comprehensive programs and services related to nutrition, prevention 
and intervention for families in Calaveras County has strengthened my 
district and our Nation.
  Let me also say that in 2007, Ms. Westernoff testified before 
Congress on the importance of fresh fruits and vegetables as a part of 
a child's daily diet. As a result of her testimony, the Mother Infant 
Child Harvest program was piloted in Calaveras County and served as the 
model for the federal Women Infant Children program nationally.
  Her dynamic focus and ability to inspire others to assist individuals 
in need will be her legacy. It is an honor to recognize Billie 
Westernoff for her immense dedication to improving the quality of life 
for so many individuals and for her commitment to collaboration and 
equality. She has served my district and our Nation proudly.

                          ____________________




                            INDIAN ELECTIONS

                                 ______
                                 

                            HON. JOE WILSON

                           of south carolina

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. WILSON of South Carolina. Madam Speaker, I want to commend the 
people of India on their successful election concluded Saturday. I want 
to congratulate Prime Minister Manmohan Singh and his United 
Progressive Alliance for winning the most seats, 262, in what is a 
month long voting process with as many as 700 million eligible voters.
  Prime Minister Singh has been instrumental in forging a stronger 
alliance between India, the world's largest democracy, and the United 
States, the world's oldest democracy--including the U.S.-India civilian 
nuclear agreement which will mean jobs and cleaner energy for both our 
nations. As evidenced by the vibrant success of Indian Americans in 
American commerce and society, the shared values of our two nations are 
stronger than ever before.
  I have met Prime Minister Singh in New Delhi and Washington, and I 
wish him and the people of India much success moving forward. There are 
tremendous challenges in that region, but I know that working together 
with their neighbors and allies, India can have a bright future.

                          ____________________




                             CHARLIE WAGNER

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Charlie Wagner who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Charlie Wagner is a senior at Pomona High 
School and received this award because his determination and hard work 
have allowed him to overcome adversities.
  The dedication demonstrated by Charlie Wagner is exemplary of the 
type of achievement that can be attained with hard work and 
perseverance. It is essential that students at all levels strive to 
make the most of their education and develop a work ethic that will 
guide them for the rest of their lives.
  I extend my deepest congratulations once again to Charlie Wagner for 
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I 
have no doubt he will exhibit the same dedication he has shown in his 
academic career to his future accomplishments.

                          ____________________




     CELEBRATING TAIWAN'S PRESIDENT MA YING-JEOU FIRST ANNIVERSARY

                                 ______
                                 

                          HON. EMANUEL CLEAVER

                              of missouri

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. CLEAVER. Madam Speaker, I rise today to convey my support for the 
Taiwanese president, Ma Ying-jeou, his many successes, and the guiding 
principles of his country. President Ying-jeou is to be commended for 
championing strengthened ties between Taiwan and the People's Republic 
of China, since assuming office on May 20, 2008.
  It is with tremendous pride that we will collaborate with our long-
time friend and ally, the Republic of China (Taiwan), at the upcoming 
World Health Assembly (WHA) later this month in Geneva, Switzerland. 
This is the first time since 1972 that Taiwan has been afforded 
international standing among sovereign nations at a United Nations 
event. This Congress most recently honored the U.S.-Taiwan bilateral 
relationship with the passage of H. Con. Res. 55, recognizing the 30th 
anniversary of the Taiwan Relations Act, the cornerstone of U.S.-Taiwan 
relations. The passage of this Act illustrates the commitment and 
friendship between our two great nations. The strong leadership and 
cooperation of President Obama and President Ma Ying-jeou will 
unquestionably help strengthen our nations' unity.
  Charged with the task of promoting global public health, the work of 
the WHA assumes great significance particularly in the midst of H1N1, 
HIV/AIDS, SARS, and avian flu threats. We welcome the meaningful 
cooperation of world-wide partners to make for safe and sensible 
solutions amidst continued dangers that jeopardize public health. I am 
confident of Taiwan's intention and ability to help combat these 
threats and help meet the ever-changing demands and needs of its people 
and the global community at large.
  I urge my colleagues of the 111th Congress to please join me in 
extending continued best wishes to President Ma Ying-jeou on his first 
anniversary in office on May 20, 2009.

                          ____________________




 IN RECOGNITION OF SUSAN J. SPUNGIN'S RECEIPT OF THE MIGEL MEDAL FROM 
                 THE AMERICAN FOUNDATION FOR THE BLIND

                                 ______
                                 

                          HON. JERROLD NADLER

                              of new york

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. NADLER of New York. Madam Speaker, I rise today in recognition of 
Dr. Susan J. Spungin. In March of 2009, the American Foundation for the 
Blind (AFB) awarded the M.C. Migel Medal to Dr. Spungin at their 
Josephine L. Taylor Leadership Institute in Washington, DC.
  The M.C. Migel Medal was established in 1937 by the late M.C. Migel, 
the first chairperson of the American Foundation for the Blind. The 
award was created to honor professionals and volunteers whose 
dedication and achievements have improved the lives of people who are 
blind or visually impaired. It is the highest honor in the blindness 
field.
  This year's recipient, Dr. Spungin recently retired from her position 
as Vice President of International Programs and Special Projects at the 
American Foundation for the Blind, and as Treasurer of the World Blind 
Union.
  An internationally renowned expert on the education and 
rehabilitation of individuals who are blind or visually impaired, Dr. 
Spungin joined AFB in 1972 as a national specialist in education. In 
this capacity, she identified nationwide issues affecting blind, deaf-
blind, and severely visually impaired children and youths, and worked 
in partnership with schools, agencies, state departments of education, 
universities, the federal government, and other organizations to 
resolve those issues. Additionally, she was instrumental in shaping the 
American Foundation for the Blind's research and policy work, 
specifically, its national programs in the areas of early childhood 
development, aging, employment, rehabilitation teaching, low vision, 
orientation and mobility, and career education.
  Dr. Spungin's leadership and influence within the field of blindness 
and vision impairment are evident in her many publications and 
workshops, lectures, and keynote speeches she's presented around the 
world; in her mentorship of newer leaders in the field; and the awards 
and honors she has received and the enormous respect and reverence that 
greet her wherever she goes.
  Dr. Spungin's forty-four years of distinguished work on education and 
rehabilitation of blind people in national and international arenas is 
commendable and fully deserving of the commendation of the M.C. Migel 
Medal.

[[Page 12729]]



                          ____________________




                        TRIBUTE TO WESLEY SAVAGE

                                 ______
                                 

                            HON. IKE SKELTON

                              of missouri

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. SKELTON. Madam Speaker, each May, I hold a small business 
procurement conference at the University of Central Missouri in 
Warrensburg, Missouri. Through the years, many individuals have 
contributed to the success of this event, which helps entrepreneurs and 
small business owners to cut through bureaucratic red tape associated 
with the procurement process and to make business connections.
  One individual who was particularly helpful in gluing together my 
annual conference was Wes Savage, a good friend and expert in 
entrepreneurial studies and business development. Wes passed away 
rather unexpectedly last July, so the 2009 conference will be the first 
one without him.
  As I prepare for this year's event, let me take a moment to reflect 
on the life of a truly outstanding figure at the University of Central 
Missouri, a good family man, and a friend to so many people.
  Wes was born on May 25, 1937, in Decatur, Illinois. He received a 
bachelor's degree in mechanical engineering & industrial engineering 
from the University of Missouri--Rolla and a master's degree in 
production management & human resource management from Butler 
University. He also completed continuing education courses in 
psychology, banking, and basic programming.
  Wes enjoyed working and became an expert while being employed in a 
wide range of industries and organizations. He was a Registered 
Professional Engineer in the state of Missouri and gave time to the 
Engineers Club of Kansas City. He was affiliated with the Missouri 
Board of Architects, the Engineers and Land Surveyors, and the National 
Development Council.
  In 1987, Wes began working at the University of Central Missouri as 
the Consulting Engineer for the Small Business Development Center 
(SBDC) and became coordinator for the SBDC in 1990. Wes served as the 
Center's director until he became Director of the Institute for 
Entrepreneurial Studies and Development at the University.
  In his role at the University, Wes assisted and advised numerous 
Missouri business owners and entrepreneurs. He gave sound advice to 
help Missourians begin or improve business operations, which in turn, 
helped to create jobs and boost economic productivity in the Show-Me 
State. I have heard from many individuals through the years who have 
expressed gratitude for working with the SBDC because of the Center's 
positive impact on business.
  Wes also cared deeply about teaching university students about 
entrepreneurship and the unique opportunities and business tools 
available to people in this country. This is why he was particularly 
thrilled when the University created the Institute for Entrepreneurial 
Studies and Development and why he helped create an online course and 
co-taught with staff the first entrepreneurial course at the 
University.
  Wes Savage applied the things he learned in education and in life to 
his professional career. He was an experienced manager who motivated 
those around him with his strong work ethic and his relaxed, friendly 
demeanor.
  I know Members of the House will join me in expressing gratitude for 
Wes's life and for extending best wishes to his wife, Jane; his sons 
and their wives, Craig and Deana Savage, Scott and Gina Savage, and 
Grant and Erika Savage; his six grandchildren; and all of his friends 
and colleagues.

                          ____________________




                             HANNAH TURNER

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Hannah Turner who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Hannah Turner is a senior at Arvada High 
School and received this award because her determination and hard work 
have allowed her to overcome adversities.
  The dedication demonstrated by Hannah Turner is exemplary of the type 
of achievement that can be attained with hard work and perseverance. It 
is essential that students at all levels strive to make the most of 
their education and develop a work ethic that will guide them for the 
rest of their lives.
  I extend my deepest congratulations once again to Hannah Turner for 
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I 
have no doubt she will exhibit the same dedication she has shown in her 
academic career to her future accomplishments.

                          ____________________




     INTRODUCTION OF VETERANS EDUCATION TUITION SUPPORT ACT OF 2009

                                 ______
                                 

                          HON. SUSAN A. DAVIS

                             of california

                    in the house of representatives

                          Monday, May 18, 2009

  Mrs. DAVIS of California. Madam Speaker, I rise today to introduce 
the Veterans Education Tuition Support Act of 2009 or the VETS Act to 
address some of the difficulties our military personnel face when they 
are activated while attending college.
  Thousands of military reservists have been activated to fight in Iraq 
and Afghanistan directly from their college campuses. Unfortunately, 
students who serve in the military face unique hardships when called 
upon to defend the United States.
  Most colleges and universities refund tuition and fees to students 
when the activation occurs during the academic calendar. However, 
instances have occurred when a service member has not been reimbursed.
  The goal of the VETS Act is to provide our service members with 
certain rights when they are activated while in college to defend our 
country. The legislation requires colleges and universities to refund 
tuition and fees for unearned credit for unexpected withdrawals due to 
activation.
  It also sets guidelines for the Department of Education to forgive 
student loans when a student service member for the semester or quarter 
in which the service member is activated to defend the United States.
  Madam Speaker, I urge passage of this legislation to give rights and 
protections to the service members activated while attending a college 
or university. This is the least we can do for our brave men and women 
in uniform who sacrifice so much for us.

                          ____________________




                   ON THE BIRTH OF JOHN PATE McMAHON

                                 ______
                                 

                            HON. JOE WILSON

                           of south carolina

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. WILSON of South Carolina. Madam Speaker, today I am happy to 
congratulate Aris and Gibson McMahon of Alexandria, Virginia, on the 
birth of their new baby boy. John Pate McMahon was born on May 6, 2009, 
weighing 8 pounds and 11 ounces. He has been born into a loving home, 
where he will be raised by parents who are devoted to his well-being 
and bright future.
  On behalf of my wife Roxanne, and our entire family, we want to wish 
Aris, Gibson, and John all the best.

                          ____________________




          A TRIBUTE TO HUGH ``SMITTY'' SMITH, AN AMERICAN HERO

                                 ______
                                 

                         HON. DANIEL E. LUNGREN

                             of california

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I rise today to 
pay tribute to Hugh ``Smitty'' Smith, an American hero who served our 
nation through five major campaigns in France, Belgium, Holland and 
Germany during World War II.
  Mr. Smith served on the front lines with the 744th Light Tank 
Battalion of the United States Army. As he advanced on the Axis Powers 
as the commander of an M24 tank, he was wounded by a German sniper in 
the face. Determined to fight for the liberation of Europe, he returned 
to his battalion three weeks later. Epitomizing the strength of the 
Allied Forces, Smitty staved off starvation and suffered a concussion, 
only to stay his new post guarding German prisoners until they were 
relocated.
  Serving as a de facto battalion commander and even as a medic when 
his comrades were targets of German snipers, Smitty was known by his 
men as a ``go to guy.'' Always rising to the occasion during the worst 
battlefield conditions, Smitty guided, calmed and assisted his men when 
they needed him most. Mr. Smith's bravery was simply unmatched.
  One of Mr. Smith's most admirable leadership qualities is his fervor 
for serving others. As this was evident in his youth, he continues

[[Page 12730]]

today to lead by example and improve the wellbeing of his community by 
being a member of the CAPS team, the volunteer citizens patrol unit for 
the Galt Police Department. This role only solidifies what we know to 
be true about Smitty, that he is always ready and willing to serve 
others.
  The ability to inspire and live a life of complete selflessness is 
the legacy of a true hero. It is an honor to recognize Hugh ``Smitty'' 
Smith for his immense dedication to improving the quality of life for 
so many individuals both here and abroad, and for his unwavering 
commitment to equality and justice. He has truly served my district and 
the United States of America proudly.

                          ____________________




                              JOSEPH STIKA

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Joseph Stika who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Joseph Stika is a senior at Arvada High 
School and received this award because his determination and hard work 
have allowed him to overcome adversities.
  The dedication demonstrated by Joseph Stika is exemplary of the type 
of achievement that can be attained with hard work and perseverance. It 
is essential that students at all levels strive to make the most of 
their education and develop a work ethic that will guide them for the 
rest of their lives.
  I extend my deepest congratulations once again to Joseph Stika for 
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I 
have no doubt he will exhibit the same dedication he has shown in his 
academic career to his future accomplishments.

                          ____________________




                       HONORING MRS. KIM SCHMIDT

                                 ______
                                 

                     HON. C.A. DUTCH RUPPERSBERGER

                              of maryland

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. RUPPERSBERGER. Madam Speaker, I rise before you today to honor 
Mrs. Kim Schmidt, recipient of the Harford County Public Schools 
Teacher of the Year award. Kim is dedicated to motivating her students 
and ensuring they receive an excellent education.
  Kim has been an educator for 18 years, 16 of which have been in the 
Harford County Public School System. While Kim wanted to be a teacher 
from the time she was a little girl, her dream of teaching temporarily 
faded while she became interested in physical therapy. However, in 
college, Kim discovered her love for history and her desire to teach 
others.
  Graduating from the University of Delaware in 1991, Kim began her 
teaching career as a middle school Social Studies teacher at Old Court 
Middle School in Baltimore. In 1993, she began teaching at Havre de 
Grace High School and in 1996 she became the History Department 
Chairperson at Fallston Middle School. From 1997 to 2005, Kim held a 
variety of positions in the Harford County Public School System before 
moving back to the classroom at Havre de Grace High School to teach 
United States History.
  Throughout her career in Harford County, Kim has served on the School 
Based Instructional Decision Making Teams, School Improvement Teams, 
the Maryland Geographic Alliance, and the Maryland State Department of 
Education reading in the content area task force. In addition to 
receiving this award, Kim will compete for the title of Maryland 
Teacher of the Year to represent Maryland's teachers as an education 
spokesperson.
  Madam Speaker, I ask that you join with me today to honor Mrs. Kim 
Schmidt on this memorable occasion. Her dedication to the students of 
Harford County is showcased by her continuing drive to motivate her 
students to success, and ensure that they receive the highest quality 
of education.

                          ____________________




  TRIBUTE TO SAMUEL L. GRAVELY, JR., FIRST AFRICAN AMERICAN U.S. NAVY 
                              FLAG OFFICER

                                 ______
                                 

                        HON. BENNIE G. THOMPSON

                             of mississippi

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. THOMPSON of Mississippi. Madam Speaker, I rise today, to 
recognize the christening of the USS Gravely, the 57th Arleigh Burke 
class Aegis Guided Missile Destroyer, in honor of the late Vice Admiral 
Samuel L. Gravely, Jr.
  Samuel L. Gravely, born in Richmond, Virginia in 1922, was the first 
African American to command a fighting ship (USS Falgout) and to 
command a major warship (USS Jouett). As a full commander, he made 
naval history in 1966 as the first African American commander to lead a 
ship--the USS Taussig--into direct offensive action. He was the first 
African American to achieve flag rank and eventually Vice Admiral.
  In 1942, Gravely interrupted his education at Virginia Union 
University and enlisted in the U.S. Naval Reserve. He attended Officer 
Training Camp at the University of California in Los Angeles after boot 
camp at the Great Lakes Naval Training Station in Illinois, and then 
midshipman school at Columbia University. When he boarded his first 
ship in May of 1945, he became its first African American officer.
  In 1945, when his first ship reached its berth in Key West, Florida, 
he was specifically forbidden entry into the Officers' Club on the 
base. Gravely survived the indignities of racial prejudice and 
displayed unquestionable competence as a naval officer.
  Vice Admiral Gravely's tenure in the naval service was challenged 
with the difficulties of racial discrimination. As a new recruit, he 
was trained in a segregated unit; as an officer, he was barred from 
living in the Bachelor's Officers' Quarters.
  Gravely exemplified the highest standards and demanded very high 
standards from his crew. Vice Admiral Gravely was a trailblazer for 
African Americans in the military arena. He fought for equal rights 
quietly but effectively, letting his actions speak for him. Vice 
Admiral Gravely died on October 22, 2004, at the naval hospital in 
Bethesda, Maryland.
  Samuel L. Gravely, Jr.'s performance and leadership as an African 
American naval officer demonstrated to America the value and strength 
of diversity. Gravely was a true professional with superb skills as a 
seaman and admirable leadership attributes. His spirit aboard the USS 
Gravely will be an inspiration to its crew, the United States Navy, and 
America for generations to come.

                          ____________________




                           HONORING CLEO ZENT

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                          Monday, May 18, 2009

  Ms. WOOLSEY. Madam Speaker, I rise today to celebrate Cleo Estelle 
King Zent of Petaluma, California, for an unusual accomplishment. Cleo 
just celebrated her 100th birthday, an event few people have the 
opportunity to enjoy.
  There is no one secret to Cleo's longevity. Cleo maintains that 
genetics and a healthy lifestyle have kept her spry. She always avoided 
alcohol and tobacco use and, since she never drove, she got her 
exercise by walking everywhere. Cleo's positive outlook has also 
allowed her to experience ten fulfilling decades of life.
  Cleo, daughter of Hugh and Laura Walker King, was born in Floyd, New 
Mexico on April 9, 1909. Her father was a leading citizen who 
championed education and promoted school issues among voters.
  In 1927, Hugh and Laura King moved the family to Rio Vista, 
California where Hugh and his sons worked for Speckels Sugar Company 
until moving to Lodi, California three years later.
  Following Prohibition, Cleo worked as a waitress in a local coffee 
shop where local winemakers gathered for breakfast and conversations. 
Cesar Mondavi and August Sebastiani were among Cleo's customers.
  On May 2, 1942, Cleo married Claude R. Zent. The couple spent most of 
the World War II years in Alameda, where Claude worked as an electrical 
engineer at the Naval Air Station. Their first son, William R. Zent, 
was born in 1945, followed by the birth of Jack Zent in 1948.
  After the War, the Zent family moved to a 12-acre plot of land just 
outside the city of Petaluma and Claude transferred his employment to 
the Mare Island Naval Shipyard in Vallejo.
  For the next twenty years, Cleo and her family spent their time 
building and improving their homestead. According to Cleo, for years 
their house looked like they were just moving in or just moving out. 
When Cleo's dreams for her home were almost realized in 1966, Claude 
died of a brain hemorrhage. Cleo remained on the family's property 
walking to and from the grocery store, mowing the lawn and maintaining 
her home until she was in her 90s.

[[Page 12731]]

  Today, Cleo lives in the Golden Living Care Home in Petaluma and she 
shares her life with her sons and her four grandchildren, Caryn 
Estelle, Kevin, Christy and Christopher Zent.
  Madam Speaker, I am pleased to honor Cleo Zent whose experience is a 
testament to the fact that a healthy lifestyle and optimistic outlook 
can lead to a long and fulfilling life. Happy Birthday, Cleo!

                          ____________________




                             MELISSA TEBEAU

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Melissa Tebeau who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Melissa Tebeau is an 8th grader at Moore 
Middle School and received this award because her determination and 
hard work have allowed her to overcome adversities.
  The dedication demonstrated by Melissa Tebeau is exemplary of the 
type of achievement that can be attained with hard work and 
perseverance. It is essential that students at all levels strive to 
make the most of their education and develop a work ethic that will 
guide them for the rest of their lives.
  I extend my deepest congratulations once again to Melissa Tebeau for 
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I 
have no doubt she will exhibit the same dedication she has shown in her 
academic career to her future accomplishments.

                          ____________________




           SOUTH CAROLINA ARMY NATIONAL GUARD RECEIVES HONOR

                                 ______
                                 

                            HON. JOE WILSON

                           of south carolina

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. WILSON of South Carolina. Madam Speaker, I am grateful to 
recognize the South Carolina Army National Guard's 218th Brigade Combat 
Team who was recently honored with the Joint Meritorious Unit Award. 
Presented by the Department of Defense's Joint Chiefs of Staff, this 
award is given to units that have achieved distinction in their duties 
and is the second highest award given to a military unit.
  The 218th, led by Major General Bob Livingston, served for a year in 
Afghanistan as part of Task Force Phoenix advising and training Afghan 
police and army forces. As a result of their heroic and dedicated 
service, Afghanistan has doubled the size of its army to 52,000 troops, 
and the number of Afghan police officers killed in action each month 
has been cut dramatically.
  As a 28 year veteran of the 218th, I want to extend my gratitude and 
that of the entire nation to Major General Stan Spears, commander of 
the South Carolina National Guard, Major General Livingston, his brave 
soldiers and their families for their tremendous commitment to 
protecting American families by defeating terrorists overseas.

                          ____________________




                         TRIBUTE TO KEVIN FAHEY

                                 ______
                                 

                           HON. JOE COURTNEY

                             of connecticut

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. COURTNEY. Madam Speaker, for the past 30 years, Kevin Fahey has 
dedicated his personal and professional life to the students and 
faculty of the University of Connecticut. This year, he will retire as 
the President of the University of Connecticut Professional Employees 
Association (UCPEA), the union for professional staff at the 
university. While he will remain an active member of the UConn 
community, I rise to recognize his years of contributions to faculty 
and staff at the university.
  Kevin joined the UConn faculty over three decades ago and currently 
serves as the Senior Associate Director in the Department of Student 
Activities. As Senior Associate Director in the Department of Student 
Activities, he advises the Student Union Board of Governors (SUBOG), 
Kappa Alpha Theta, and Tau Kappa Epsilon in academics, community 
outreach, and personal and professional growth. For the past 15 years, 
Kevin has also served as the President of UCPEA.
  Madam Speaker, the success of our education systems relies on the 
strength and passion of our academic leaders. I can personally attest 
to Kevin's passion for education, the UConn community, and the students 
he advises, which has led many to conclude that he ``bleeds husky 
blue''. While his leadership with the UCPEA will certainly be missed, 
he will continue to enrich the UConn community and energize its 
students. I ask my colleagues to join with me and the UConn community 
in recognizing his decades of service.

                          ____________________




                             BRITTANY SMITH

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Brittany Smith who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Brittany Smith is a senior at Wheat Ridge 
High School and received this award because her determination and hard 
work have allowed her to overcome adversities.
  The dedication demonstrated by Brittany Smith is exemplary of the 
type of achievement that can be attained with hard work and 
perseverance. It is essential that students at all levels strive to 
make the most of their education and develop a work ethic that will 
guide them for the rest of their lives.
  I extend my deepest congratulations once again to Brittany Smith for 
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I 
have no doubt she will exhibit the same dedication she has shown in her 
academic career to her future accomplishments.

                          ____________________




                      TRIBUTE TO JEFFREY M. COHEN

                                 ______
                                 

                            HON. CONNIE MACK

                               of florida

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. MACK. Madam Speaker, I rise today to honor one of my most trusted 
advisors and closest friends, Jeffrey M. Cohen.
  Jeff has a long history with the Mack Family, going back almost 20 
years. He interned for my father, U.S. Senator Connie Mack III, and 
later served as his press secretary for several years. After working in 
a variety of public relations and management positions in the private 
sector and on political campaigns, Jeff agreed to serve as my campaign 
manager during my first run for Congress in 2004.
  Since then, Jeff has been my right-hand man, effectively and 
efficiently managing my congressional office as well as my 2006 and 
2008 campaigns. He is my sounding board, a dedicated public servant, 
and a strong advocate for the ideals of freedom and free markets. Jeff 
is passionate about what he does and his work and management style 
reflect this.
  A professional with Jeff's talents and expertise would be an 
attractive candidate for any firm, and I've been fortunate to have him 
by my side for so many years. But Jeff has been afforded a wonderful 
opportunity that will allow him to grow in his career.
  After 5\1/2\ years as my chief of staff, Jeff is moving on to take a 
position in the private sector.
  Jeff has been named executive vice president of Alexandria, Virginia-
based Direct Impact, a leading national grassroots, public affairs, 
public education and corporate reputation firm, and a subsidiary of 
Burson-Marsteller.
  While I am happy for Jeff to begin this next phase of his 
professional career, make no mistake about it, he will be greatly 
missed. He has been a valuable member and irreplaceable part of my 
team, but I will continue to count on his advice and friendship in the 
years ahead.
  Madam Speaker, I would not be where I am today were it not for Jeff's 
dedication, service and hard work. On behalf of the people of Florida's 
Fourteenth Congressional District, I want to thank Jeff for his years 
of service to the people of Florida and the Nation. He is my friend, he 
is a true public servant in every sense of the word, and I wish him all 
the best as he begins this new and exciting chapter of his life.

                          ____________________




      HONORING 43 YEARS OF MILITARY SERVICE OF ROBERT WAYNE WILCOX

                                 ______
                                 

                        HON. BLAINE LUETKEMEYER

                              of missouri

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. LUETKEMEYER. Madam Speaker, I rise today to honor the 43 years of 
military service of Robert Wayne Wilcox, a farmer from Moberly and 
Randolph County Eastern

[[Page 12732]]

District Commissioner. I want to commend Mr. Wilcox for his two combat 
tours in Vietnam and two tours in Iraq, and I would also like to draw 
special attention to the fact that Mr. Wilcox volunteered for multiple 
tours of duty in both Vietnam and Iraq.
  Mr. Wilcox began his military career by entering active duty on March 
21, 1966 and served proudly until this past March 23, 2009. Mr. Wilcox 
accumulated more than 4,000 hours of flight time as a military pilot 
and during his last tour of duty in Iraq, he flew Black Hawk 
helicopters in over 400 hours of combat.
  Mr. Wilcox has attained numerous awards, including: three Bronze 
Stars for meritorious service, one Meritorious Service Medal, one Army 
Commendation Medal, 18 Air Medals, the Army Reserve Component 
Achievement Medal, a Vietnam Service Medal, the Global War on Terrorism 
Expeditionary Medal, a Global War on Terrorism Service Medal, the Armed 
Forces Reserve Medal with ``M'' device, one Army Service Ribbon, an 
Army Reserve Component Overseas Training Ribbon, the Republic of 
Vietnam Campaign Medal, and the Vietnam Gallantry Cross with bronze 
star attachment.
  Our soldiers, sailors, and pilots sacrifice everything they have in 
service to America and will serve as a permanent reminder of the 
bravery, loyal patriotism, and love of country.
  In closing, Madam Speaker, I ask all my colleagues to join me in 
wishing Robert Wayne Wilcox our sincerest thanks and appreciation for 
his commitment, dedication, and service to our nation. It is an honor 
to represent him in the United States Congress.

                          ____________________




                     IN MEMORY OF MAYOR BOB WASSON

                                 ______
                                 

                            HON. IKE SKELTON

                              of missouri

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. SKELTON. Madam Speaker, it is with deep sadness that I inform the 
House of the death of Mayor Bob Wasson of Sedalia, Missouri. Bob was a 
lovely man and a dedicated servant to the city of Sedalia, his family, 
and his friends.
  Bob was born on October 20, 1933, in Las Vegas, Nevada. He was raised 
in Sedalia, Missouri, and graduated from Hughesville High School. In 
1953, Bob dedicated his services to the country by volunteering for the 
army during the Korean War. He spent his time in Korea as a typist and 
played a pivotal role in hiring KATUSA soldiers, Korean Augmentation 
Troops to the United States.
  In 1962, Bob married his wife, Eleanor. In 1974, they moved back to 
Missouri, where Bob spent the remainder of his years dedicating his 
time and efforts to the community. He began his service as owner of his 
local grocery store, Bob's AF Super. It was through his store that Bob 
began to meet and interact with residents of Sedalia. In addition, Bob 
also spent several years as the director of the Sedalia Senior Center. 
In 1994, he began to reach out to the community by preaching at the 
Broadway Baptist Church. He was ordained in 1997 and spent time 
preaching at the Dresden Baptist Church and the Lamine Baptist Church 
before becoming the pastor at Mt. Herman Baptist Church, where he 
remained pastor up until his death. As Bob steadily became a noticeable 
figure in the Sedalia area, the decision was made to run for public 
office in 2002. Having no previous political experience, Bob was 
victorious in his first mayoral election, defeating the 11-year 
incumbent, winning more then 70 percent of the votes.
  As a politician, Bob is noted for starting the new recycling program, 
building a new community center, supporting Whiteman Air Force Base, 
and developing the economy. However, he is most known for his 
visibility in the community and his interaction with Sedalia citizens. 
Councilwoman Wanda Monsees framed it well when she said, ``When I think 
of Mayor Wasson, the image I get, is of how he would be in the parades, 
and he would have his young grandsons with him. That just personifies 
the kind of guy he was to me.''
  In 2008, Bob was diagnosed with a brain tumor and in April he 
underwent surgery to remove it. In May, he underwent a second surgery 
to remove a tumor discovered in his colon. However, even while battling 
cancer, Bob continued to serve Sedalia as Mayor. I admire the tenacity 
he displayed as he battled cancer and the courage it took to continue 
working and providing sound advice during difficult times.
  Madam Speaker, Bob Wasson was a great man. It was a pleasure to work 
with him on issues that affected Sedalia and central Missouri because 
he fought hard to make it a better area. I will miss him terribly and I 
hope the House will join me in expressing our deepest condolences to 
his family and friends. He was a dedicated servant to the Sedalia 
community, but above all he was a dedicated husband, father, 
grandfather, great grandfather, brother, son and friend.

                          ____________________




                            DARYA SHEVCHENKO

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Darya Shevchenko who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Darya Shevchenko is a senior at Arvada 
High School and received this award because her determination and hard 
work have allowed her to overcome adversities.
  The dedication demonstrated by Darya Shevchenko is exemplary of the 
type of achievement that can be attained with hard work and 
perseverance. It is essential that students at all levels strive to 
make the most of their education and develop a work ethic that will 
guide them for the rest of their lives.
  I extend my deepest congratulations once again to Darya Shevchenko 
for winning the Arvada Wheat Ridge Service Ambassadors for Youth award. 
I have no doubt she will exhibit the same dedication she has shown in 
her academic career to her future accomplishments.

                          ____________________




     DAYTON PLAYS IMPORTANT ROLE IN AMERICA'S AMATEUR RADIO SERVICE

                                 ______
                                 

                         HON. MICHAEL R. TURNER

                                of ohio

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. TURNER. Madam Speaker, last weekend the Dayton, Ohio area played 
host to America's Amateur Radio operators. The Dayton Hamvention, 
located in Trotwood, has been a fixture of the Amateur Radio community 
since the event's founding in 1952.
  There are 663,000 FCC-licensed amateurs in the United States and Ohio 
ranks fourth nationally with a total of 27,800. Many traveled to the 
Dayton area to attend the Hamvention.
  The Amateur Radio Service, which began in the early 1900s, is both a 
challenging hobby and a valuable national resource in times of local 
and national disasters. Amateur Radio has repeatedly proven its value 
in providing two-way communications for local emergency operations 
centers and public safety officials during hurricanes, tornadoes, 
floods, earthquakes and even terror attacks. Its motto, ``When all else 
fails . . . Amateur Radio,'' is more relevant today than ever.
  For most of the 20th century, Amateur Radio attracted and nurtured 
telecommunications skills in America's youth, inspiring many to seek 
careers in communications and engineering while advancing the art of 
radio communications. Today, Amateur Radio satellites link hobbyists 
around the globe, and Amateur Radio operators combine the latest 
computer technology and digital communications with a commitment to 
public service.
  The Dayton Hamvention, sponsored by the Dayton Amateur Radio 
Association, has steadily grown in size and popularity to become the 
premier annual gathering of ham radio operators from around the world. 
The three day event offered exhibits of the latest in radio and digital 
communications technology and forums for hams to share their skills and 
interests.
  Thanks to the never ending hard work of the Dayton Amateur Radio 
Association, hams eagerly look to Dayton each year for innovation and 
inspiration.

                          ____________________




                 IN TRIBUTE TO BISHOP SEDGWICK DANIELS

                                 ______
                                 

                            HON. GWEN MOORE

                              of wisconsin

                    in the house of representatives

                          Monday, May 18, 2009

  Ms. MOORE of Wisconsin. Madam Speaker, I rise today to recognize a 
compassionate spiritual and community leader from the Fourth 
Congressional District, Bishop Sedgwick Daniels. Bishop Daniels is the 
pastor and spiritual leader of Holy Redeemer Institutional Church of 
God in Christ. His involvement in the well-being of this community, 
whether it is his church ministry or providing critical services, has 
been a lifelong pursuit. Bishop Daniels is a recognized leader at the 
national, regional and local level for his work.
  Bishop Daniels has been recently honored with his election and 
elevation to the General

[[Page 12733]]

Board for the International Church of God in Christ. The General Board 
oversees both the temporal and spiritual affairs of the church in the 
United States and in more than 50 countries. The 12-member General 
Board of Bishops is elected to this board from the Church of God in 
Christ's International Board of Bishops.
  Bishop Daniels is the jurisdictional Bishop for the historic 
Wisconsin 1st Jurisdiction, where he oversees more than 90 
congregations and includes all of Wisconsin and northern Illinois. In 
addition to his duties as jurisdictional Bishop, he oversees an array 
of resources and services to assist the community as leader of the Holy 
Redeemer Institutional Church including: a credit union, youth programs 
through the Daniels-Mardak Boys and Girls Club, educational programs 
and plans for the development of Bishop Creek Initiative.
  Madam Speaker, for these reasons, I am honored to pay tribute to 
Bishop Sedgwick Daniels' contributions to the Fourth Congressional 
District.

                          ____________________




          HONORING THE 19TH ANNUAL DC BLACK PRIDE CELEBRATION

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                          Monday, May 18, 2009

  Ms. NORTON. Madam Speaker, Memorial Day Weekend, May 17th-25th, is 
the 19th Annual DC Black Pride celebration in Washington, DC.
  DC Black Pride is an exciting six-day event complete with dynamic 
workshops, receptions, cultural arts activities, small and large 
nightclub events that culminates in the world's oldest, most inclusive 
Black Pride Festival. Many consider DC's festival one of the world's 
preeminent Black Pride celebrations. The Festival consistently draws 
more than 30,000 people to the Nation's Capital. Attendees come from 
every major urban area in the United States as well as Canada, the 
Caribbean, South Africa, Great Britain, France, Germany, and the 
Netherlands. The Black Pride Festival features activities for the 
entire family, including performances by national recording artists, 
200 exhibition booths, book signings from noted writers, participation 
from national and local health organizations, and arts and crafts.
  Black Lesbian and Gay Pride Day, Inc. (BLGPD), the celebration's 
organizing body, chose the theme ``Pure Love'' to encourage the Black 
lesbian, gay, bisexual, and transgender (LGBT) community to recommit 
themselves to advocacy, continuing the work towards combating 
homophobia and heterosexism, promote health and wellness, strengthen 
their community, and inspire Black LGBT people everywhere to live their 
lives with pride and integrity.
  Black Lesbian and Gay Pride Day, Inc., a non-profit organization with 
a volunteer Board of Directors, coordinates this annual event. BLGPD's 
2009 Board of Directors consists of: Khalid Parker, President; 
Christopher Lane, Secretary; Maegan Marcano, Treasurer; and the 
following Members at Large: Jhahbriel Moore, Karim Shabazz, and Jimma 
Eliot-Stevens; and these Members Emeriti: Earl Fowlkes, James W. 
Hawkins, Eric E. Richardson, Clarence J. Fluker, Courtney Snowden, 
Sterling Washington and Cheryl Dunn, who lead BLGPD in its mission to 
build knowledge of and to create greater pride in the Black LGBT 
community's diversity, while raising funds to ameliorate and prevent 
health problems in this community, especially HIV/AIDS.
  I ask the House to join me in welcoming all attending the 19th annual 
DC Black Pride celebration in Washington, DC, and I take this 
opportunity to remind the celebrants that United States citizens who 
reside in Washington, DC, are taxed without full voting representation 
in Congress.

                          ____________________




                            JUSTIN TRUJILLO

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Justin Trujillo who has received the Arvada Wheat Ridge Service 
Ambassadors for Youth award. Justin Trujillo is a senior at Arvada High 
School and received this award because his determination and hard work 
have allowed him to overcome adversities.
  The dedication demonstrated by Justin Trujillo is exemplary of the 
type of achievement that can be attained with hard work and 
perseverance. It is essential that students at all levels strive to 
make the most of their education and develop a work ethic that will 
guide them for the rest of their lives.
  I extend my deepest congratulations once again to Justin Trujillo for 
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I 
have no doubt he will exhibit the same dedication he has shown in his 
academic career to his future accomplishments.

                          ____________________




     IN HONOR OF FRANCIS ``BOB'' GALANTE OF BROCKTON, MASSACHUSETTS

                                 ______
                                 

                         HON. STEPHEN F. LYNCH

                            of massachusetts

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. LYNCH. Madam Speaker, I rise today in honor of Francis Galante, 
in recognition of his bravery, sacrifice and service to the United 
States of America.
  Francis is the son of Teresa (Ferrante) and Carl Galante who 
emigrated from Frigento, Italy. He was born on August 28, 1916 in 
Brockton, Massachusetts, and lived in West Bridgewater with his aunt 
and uncle through the Depression.
  He graduated from Brockton High School, married Diana Ferrini in 
1939, enlisted in the United States Reserves, and was then drafted into 
the United States Army. He was deployed overseas and stationed in 
Africa, leaving his wife and ten-month-old daughter.
  Francis was later shipped to Salerno, Italy, with the 34th Infantry 
nicknamed the Red Bull Division. He served as a ranger behind enemy 
lines. He was hit with shrapnel in Leghorn, Italy, wounding both of his 
legs and his head. He crawled for days to get back to base in order to 
receive medical treatment. He received the Purple Heart while in the 
hospital August 9, 1945.
  After being hospitalized in Italy, Atlantic City, and Framingham, 
Massachusetts, he was discharged August 9, 1945, VJ Day, and returned 
home to Brockton. He then drove an Eastern Mass bus and also worked for 
his father-in-law's bakery, Superior Bakery, making over 200 deliveries 
in one day. Later, he was an important part of the creation of the 
cabinet company, Wood-Hu Kitchens, in Brockton, later becoming 
President. He retired from Wood-Hu Kitchens in August, 1981.
  Francis was a star athlete, held records in track, and was also a 
professional gymnast performing in many Brockton clubs. He was a member 
of the YMCA since he was eight years old and was the longest standing 
member of the YMCA until his recent illness. He was a member of the 
Thorny Lea Golf Club in Brockton for over forty years.
  Madam Speaker, Francis had many passions in life, the most important 
being family. He was married at the age of twenty-three to the love of 
his life, the late Diana. He was the proud parent of two children, four 
grandchildren, and two great-grandchildren. Francis was known for his 
amazing health and vigor at the age of 92. He always had the ability to 
make people laugh while poking fun at the same time. Francis is 
remembered and admired by his family and many friends.
  Madam Speaker, it is my distinct honor to take the floor of the House 
today to join with Francis Galante's family, friends, and 
contemporaries to thank him for his remarkable service to his community 
of Brockton and to the United States of America.

                          ____________________




                         TRIBUTE TO HELEN CROFT

                                 ______
                                 

                           HON. JASON ALTMIRE

                            of pennsylvania

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. ALTMIRE. Madam Speaker, I rise today to pay tribute to the 
extraordinary life of Helen Croft, who died unexpectedly this month at 
the age of 45.
  Known for her warmth, optimism and contagious enthusiasm, Helen was 
an art teacher at North Allegheny School District's Hosack Elementary 
School. In this capacity, she positively impacted the lives of 
thousands of young students, including most recently my two daughters, 
Natalie and Grace.
  She treated every student, teacher and parent with respect, and 
brought a smile to the face of seemingly everyone with whom she came 
into contact. She exhibited a love of life that extended well beyond 
the school.
  She also worked as a coach in a community soccer league, and 
cultivated at her home a renowned colonial-style garden that drew 
admirers from across western Pennsylvania. A graduate of Buffalo State 
University and the Fashion Institute of New York City, she was known 
for her talent for embroidery, which she regularly shared with friends 
and neighbors.

[[Page 12734]]

  She will be greatly missed by those friends and neighbors, as well as 
the entire North Allegheny School District, especially her students. 
But of course her loss will be most deeply felt by her husband Corky 
and their two children, Jacob and Hannah.
  Her work lives on in the hearts of everyone she touched, and she 
serves as a lasting inspiration to the students who loved her.

                          ____________________




 IN RECOGNITION OF THE 20TH ANNIVERSARY OF THE OHIO AEROSPACE INSTITUTE

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. KUCINICH. Madam Speaker, I rise today in recognition of the Ohio 
Aerospace Institute, as they celebrate their 20th anniversary on 20th 
of May, 2009.
  The Ohio Aerospace Institute (OAI) is a non-profit organization whose 
work is supported by several institutions, including the NASA Glenn 
Research Center, the Air Force Research Laboratory, and the Wright 
Patterson Air Force Base. The institute works in conjunction with ten 
public and private universities in the State of Ohio by offering 
students the opportunity to study aerospace engineering for their 
graduate work, as well as with numerous companies around the country.
  The OAI leads research projects and develops technology partnerships 
in order to connect universities, laboratories and industries working 
in the field of aerospace engineering. Their partnerships with local 
universities educate and mentor local students, creating the future 
leaders of our aerospace workforce. The OAI also brings together 
various representatives of the governmental, industrial and educational 
sectors--fostering and improving stronger cooperation between them.
  Since OAI's inception 20 years ago, they now have 80 employees and 
have led more than 250 research and development projects funded by 206 
million dollars from the space industry sector and the federal 
government. The OAI is continuing Ohio's instrumental and historical 
role in space research by inspiring our future John Glenns, Wright 
Brothers, and Neil Armstrongs.
  Madam Speaker and colleagues, please join me in honor of the tireless 
service and significant contribution that the Ohio Aerospace Institute 
has provided to the State of Ohio and to our entire nation.

                          ____________________




                              SHELBY WEST

                                 ______
                                 

                           HON. ED PERLMUTTER

                              of colorado

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud 
Shelby West who has received the Arvada Wheat Ridge Service Ambassadors 
for Youth award. Shelby West is an 8th grader at Moore Middle School 
and received this award because her determination and hard work have 
allowed her to overcome adversities.
  The dedication demonstrated by Shelby West is exemplary of the type 
of achievement that can be attained with hard work and perseverance. It 
is essential that students at all levels strive to make the most of 
their education and develop a work ethic that will guide them for the 
rest of their lives.
  I extend my deepest congratulations once again to Shelby West for 
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I 
have no doubt she will exhibit the same dedication she has shown in her 
academic career to her future accomplishments.

                          ____________________




  CONGRATULATING TAIWAN ON OBTAINING OBSERVER STATUS IN WORLD HEALTH 
                                ASSEMBLY

                                 ______
                                 

                           HON. WALLY HERGER

                             of california

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. HERGER. Madam Speaker, I rise today to congratulate Taiwan on its 
participation as an observer in the 62nd annual World Health Assembly 
(WHA), which is taking place in Geneva this week. The recent H1N1 
influenza outbreak serves as yet another reminder that international 
cooperation is vital to protecting against the spread of infectious 
diseases. In order to achieve this goal, it is important to have broad 
participation in the activities of the World Health Organization (WHO), 
and I commend the WHO for inviting Taiwan to assist in carrying out its 
mission.
  Taiwan is a key trading partner for the United States and the fifth 
largest overseas market for U.S. agricultural exports. With growing 
attention to ensuring the safety of the food supply in a global 
economy, our close economic ties with the people of Taiwan present 
another compelling argument for Taiwan's involvement in the WHA. 
Furthermore, I believe the Taipei delegation will bring a valuable 
perspective to the WHA in light of Taiwan's remarkable success in 
advancing the public health of its people.
  This Congress has repeatedly passed legislation promoting Taiwan's 
meaningful participation in the WHO, and I am encouraged to see these 
efforts finally come to fruition. I am especially pleased that this 
development comes in the context of steady improvement in relations 
between Taipei and Beijing, and I applaud officials on both sides of 
the Taiwan Strait for their efforts to pursue peace and stability in 
the region.
  I look forward to increased cooperation among Taiwan, the United 
States, and other members of the international community to share 
public health information and guard against global pandemics.

                          ____________________




                   TRIBUTE TO MONSIGNOR WILLIAM KERR

                                 ______
                                 

                           HON. JASON ALTMIRE

                            of pennsylvania

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. ALTMIRE. Madam Speaker, I rise to commemorate the incredible life 
of a truly great man, Monsignor William Kerr, who died last week at the 
age of 68. Monsignor Kerr was known, respected and loved throughout the 
world and his loss will be felt around the globe.
  His professional life began as a parish priest in his hometown of St. 
Louis, and ended as Executive Director of the Claude Pepper Center for 
International Dialogue in Tallahassee, Florida. In between, he spent 
his entire career traveling the world working for peace, fighting for 
human rights, and promoting education and diplomacy.
  He spent the majority of his professional life in Pittsburgh, 
Washington, DC, and Tallahassee, home of his beloved Florida State 
University, where he received multiple degrees and spent the early part 
of his career as an adjunct faculty member and an instructor of 
history, in addition to his position as Catholic Campus Minister.
  Throughout his life, Monsignor Kerr traveled the globe to carry out 
his true callings of spiritual ministry and education. His travels gave 
him the opportunity to meet and befriend countless dignitaries, and to 
advance the cause for which he dedicated his life, human rights.
  He served as a vice president at Catholic University here in 
Washington, DC, and as president of La Roche College in McCandless, 
Pennsylvania.
  It was at La Roche College that I first met Monsignor Kerr. As a 
Trustee at La Roche, I worked closely with him and witnessed first-hand 
his love of education and the ease with which he interacted with 
people, whether they be Heads of State or freshman students.
  During his twelve years as president of La Roche College he created 
programs to educate future leaders and assist students from war-ravaged 
countries to get an American education. The Pacem in Terris Institute, 
which he created at La Roche, established a scholarship program for 
outstanding college age men and women from conflict and post-conflict 
nations, such as Bosnia and Rwanda. The students would receive an 
education at La Roche to study leadership and diplomacy in return for 
their agreeing to return to their home country after graduation to help 
rebuild their nations. In all, 450 students from 21 countries received 
scholarships. This program fulfilled Monsignor Kerr's dream of 
educating the future leaders of developing regions as a way to stem 
conflict and promote peace.
  Through this program he developed a life-long friendship with many 
world leaders and throughout his life he cultivated a wide and eclectic 
network of friends and colleagues. And while he was comfortable hosting 
high profile dignitaries, Monsignor Kerr was at his best when he was 
among the students that he loved. It seemed that he knew the names and 
life details of every student he encountered

[[Page 12735]]

during his daily walks across campus, and he could often be seen 
sharing laughter and camaraderie with groups of students in between 
their classes.
  After leaving La Roche College in 2004, he returned to Washington, 
DC, to become the director of the Pope John Paul II Center, where he 
stayed until returning to Tallahassee to lead the Claude Pepper Center.
  Through it all he maintained his commitment to spiritual leadership, 
and he continued to celebrate mass. And it was during his celebration 
of mass at the Co-Cathedral of St. Thomas More in Tallahassee that he 
suffered the stroke that claimed his life at the age of 68.
  I count myself fortunate to be one of the many that have had the 
opportunity to know and work with Monsignor William Kerr. He had a 
profound impact on my life as he did the lives of nearly everyone he 
encountered. His like will not be seen again, and he will be deeply 
missed.

                          ____________________




          IN RECOGNITION OF PEARL ROAD AUTO PARTS AND WRECKING

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. KUCINICH. Madam Speaker, I rise today in honor and recognition of 
Pearl Road Auto Parts and Wrecking of the Old Brooklyn neighborhood of 
Cleveland, Ohio, as they become the first business ever in the City of 
Cleveland to implement wind technology by constructing a wind turbine 
at their place of business. Pearl Road Auto Parts and Wrecking, owned 
by the Kaplan family for four generations, will generate nearly 100% of 
the electricity needed to run their business from a wind turbine. I 
also rise in honor of Susan Spear and the entire staff of EcoWatch 
Ohio, who collaborated with the Kaplans to make this project become a 
reality.
  The wind turbine will be set upon a 140-foot tower, capturing the 
north coast drafts high above Pearl Road near Interstate 480. For 
years, current owners Myron Kaplan, and his sons, Jon and Kevin, worked 
toward realizing their vision of constructing a wind turbine on the 
property. Their innovative ideas are part of the legacy of the Kaplan 
business and for nearly eighty years, the owners of Pearl Road Auto 
Parts and Wrecking have been leaders in implementing environmentally 
progressive practices, including solid waste reduction, fuel reduction 
and other recycling programs.
  Moreover, the Kaplan family of Pearl Road Auto Parts and Wrecking is 
active in community programs and events, and has reflected an 
unwavering commitment to the betterment of the Old Brooklyn 
neighborhood. As leaders in community arts as well, from 1980 to 1990, 
residents gathered free of charge at the Auto Parts lot as Kaplan 
family hosted live theater, musical and poetry performances.
  Madam Speaker and colleagues, please join me in honor and recognition 
of the Kaplan family, the entire staff of Pearl Road Auto Parts and 
Wrecking, and EcoWatch Ohio, for their collective vision and 
persistence in being the first ever to construct a wind turbine to run 
a business, inspiring others to follow in their path. Whether catching 
gentle breezes or gale force winds rushing south across Lake Erie, the 
wind turbine holds the promise of clean power, renewable resources and 
endless possibilities in alternative energy programs and job 
development throughout our community and our nation.

                          ____________________




                    WEBCASTER SETTLEMENT ACT OF 2009

                                 ______
                                 

                            HON. JAY INSLEE

                             of washington

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. INSLEE. Madam Speaker, I rise today to thank Chairman Conyers and 
my colleagues on the Judiciary Committee for reporting the Webcaster 
Settlement Act of 2009, a bill I introduced to clear the path for 
private negotiations to determine the royalty rates for the use of 
music over Internet radio.
  The Copyright Royalty Board (CRB) is a government body tasked with 
determining royalty rates for the use of music over Internet radio. In 
2004, the CRB was tasked with determining a rate structure at the 
direction of Congress, and released its decision in March of 2007. The 
rate structure determined by the CRB substantially increased royalty 
fees that webcasters would be forced to pay.
  Since the CRB is authorized to set and establish a royalty rate 
structure, stakeholders need Congressional authority to forge an 
agreement that the government would adopt. H.R. 2344 provides that 
critical authority, and allows private groups 30 days from enactment to 
work out a settlement amongst themselves to replace the rate structure 
established by the government.
  Webcasters and copyright holders, including those in Washington 
State, like Washington's 101, WebRadioPugetSound, WildMixRadio
Network.com, and Hollow Earth Radio need this legislation so they have 
the freedom to negotiate and craft a fair royalty rate structure for 
all impacted parties. Currently, Internet radio pays 47% of its annual 
revenue in royalty fees, a rate that will eventually crush the 
industry.
  An estimated 42 million people tune to Internet radio on a weekly 
basis. Internet radio offers consumers not only entertainment value, 
but it serves niche markets and allows access to independent labels and 
artists, diversifying programming. Webcasters in Washington State allow 
small, local, Northwest bands an opportunity to have their music heard 
across the country. This bill will allow small webcasters serving those 
markets to continue to compete and be an outlet for minority voices.
  I urge my colleagues to consider this important bill, and to help 
keep the music playing online.

                          ____________________




     IN HONOR OF THE SURVIVORS AND VICTIMS OF THE PONTIAN GENOCIDE

                                 ______
                                 

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                          Monday, May 18, 2009

  Mrs. MALONEY of New York. Madam Speaker, I rise to honor the 
survivors and victims of the Pontian Genocide of 1915-1923. On May 19 
we remember the treacherous actions of those who murdered hundreds of 
thousands of Pontian Hellenes and destroyed their communities, and we 
remember the survivors and the fallen.
  Nearly a century ago, there were large communities of Hellenes living 
across the Ottoman Empire. In a few short years, these communities were 
destroyed, and hundreds of thousands of lives were taken at the order 
of the Ottoman government. Hellenic Pontians had lived along the 
southeastern coast of the Black Sea in what is now northern Turkey for 
more than three millenia. The perfidious decision to destroy these 
peaceful communities resulted from the fear that foreign populations 
under Ottoman rule would join with their mother countries and destroy a 
crumbling empire.
  During a bloody eight year reign of terror, the Ottoman government 
orchestrated the killing or displacement of hundreds of thousands of 
Greeks, Armenians and Assyrians who had been living in the Pontus 
region. Thousands of people were murdered outright. The rest were 
uprooted and forcibly marched across the Anatolian border, without food 
or other provisions, to the Syrian border. Mass rapes and abductions of 
women and children also occurred. More than half of the Pontian 
population perished from violence, starvation or disease.
  Roughly 400,000 Pontians refugees survived the onslaught and fled to 
Greece, Russia, and the United States. Despite the huge number of 
people who died or were displaced, most of the world paid no attention 
to their suffering. The fact that so many people could be murdered or 
removed from their homes without facing any consequences empowered 
future genocidal regimes to take similar actions.
  One of the greatest tragedies of genocide is that the aggressors 
often succeed in eliminating the memory of those who fled. Few 
Americans today know about the Pontian Genocide. We have an obligation 
to honor the memory of those who died and teach our children about 
those dreadful times in hope that they will never be repeated. On May 
19th, 2009, on the annual day of remembrance, members of the Pan-
Pontian Federation will pay solemn homage to the victims. Although the 
genocide almost caused the extinction of the Pontian people, their 
traditions and culture still resonate today.
  Madam Speaker, I ask my colleagues to join me in honoring the Pan-
Pontian Federation as they honor the sacrifices and memory of their 
noble ancestors. I commend the Pan-Pontian Federation in their efforts 
to preserve Greek culture and history. May the victims of the Pontian 
Genocide rest in peace.

[[Page 12736]]



                          ____________________




                     IN MEMORY OF JUDGE JIM HUDSON

                                 ______
                                 

                             HON. MIKE ROSS

                              of arkansas

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. ROSS. Madam Speaker, I rise today to honor the memory of Jim 
Hudson of Texarkana, Arkansas, who passed away on May 3, 2009, at the 
much too early age of 56. As a man of faith, a devoted husband and 
father, and a committed statesman, his life and legacy is an example to 
us all.
  As a circuit judge for the 8th judicial district south serving Miller 
and Lafayette Counties since 1991 and as a former prosecuting attorney, 
Jim was one of the most fair-minded and selfless people I have had the 
pleasure to know. Arkansas lost a true public servant with Jim's 
passing and he will be deeply missed.
  I knew Jim my entire adult life and was proud to call him my friend. 
His steadfast commitment to justice and his devotion to his community 
made Jim a person many of us looked up to and respected, as we 
witnessed Jim help countless individuals and families throughout his 
career in public service. He was so respected in his profession that 
both Arkansas's U.S. Senators Blanche Lincoln and Mark Pryor recently 
selected Jim as a possible nominee to fill a U.S. district judge's 
position in the Western District of Arkansas, a position for which he 
would have been perfectly suited.
  Jim's cheerful personality was contagious and he was liked by all he 
encountered. In fact, over the course of Jim's difficult five-week 
struggle with post-surgical complications, a website updated daily with 
information regarding his progress was visited more than 60,000 times.
  As a respected jurist, Jim's greatest legacy is to the legal 
profession where he had a coveted grasp of complex legal issues and a 
commitment to helping troubled youth find their way. He also mentored 
numerous young lawyers and jurists that now practice across the region, 
passing on his knowledge and teachings that exemplified his fairness 
and passion for law. His legacy will live on for decades in our 
region's legal system through the many lives and careers he touched.
  My thoughts and prayers and those of every Arkansan are with Jim's 
family during this difficult time, especially to his wife, Kathy; his 
two daughters, Sarah and Claire Hudson; his stepmother, Jane Hudson; 
and, his grandson, Jaxson Hudson.
  Jim left us much too early and those of us who knew him will always 
remember the laughter and lessons he shared with us all. We too often 
forget how much one person can make a difference in this world and 
Jim's life and legacy is an example of how one man can better the lives 
of so many, the profession he cared so deeply about and the church, 
community and state he called home.

                          ____________________




   DONA STOREY, PRESIDENT AND CEO, QUALITY TECHNICAL SERVICES, INC., 
                           VIRGINIA BEACH, VA

                                 ______
                                 

                           HON. GLENN C. NYE

                              of virginia

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. NYE. Madam Speaker, I rise today to honor America's 
entrepreneurs, those distinguished individuals who support our 
communities, drive innovation, and keep our nation strong. Small 
businesses bring fresh ideas to the table, develop the resources to 
meet the demands of an ever-changing world, and make a meaningful 
impact on our neighborhoods. Entrepreneurs are responsible for 
providing 60 to 80 percent of all new jobs, giving them the potential 
to propel rapid economic growth and expand ever-developing fields. Some 
of the country's largest companies began as start-ups in small offices, 
homes and garages exploring these new fields. Limited only by their 
imagination, these firms performed cutting-edge work in emerging 
industries that have become the very foundation of our society.
  As our nation and the world face the most difficult economic 
conditions in decades, entrepreneurs have the potential to lead us back 
to prosperity. The resiliency and adaptability shown by small 
businesses in past recessions demonstrate their capability to meet the 
challenges standing in their way and emerge stronger than ever. 
America's small businesses will drive the economic recovery from this 
downturn and our economy will emerge stronger than ever. Times may be 
tough, but America's entrepreneurial spirit is tougher.
  To recognize the monumental achievements of our nation's small firms, 
the Small Business Administration (SBA) has declared May 17-23 as the 
46th Annual National Small Business Week. The House Small Business 
Committee is celebrating all our country's hard-working entrepreneurs 
by saluting the Heroes of Small Business, those men and women who have 
shown the strength, leadership, and resourcefulness that keeps our 
economy moving forward.
  I ask that you, Madam Speaker, and the entire U.S. House of 
Representatives join me in recognizing and thanking Ms. Dona Storey for 
her tremendous accomplishments on behalf of small businesses. Ms. 
Storey is president and CEO of Quality Technical Services, Inc. (QTS), 
a minority and woman-owned small disadvantaged business. Founded in 
1980, QTS provides strategic management consulting and manages 
multiphase, multi-location interior design projects. QTS counts among 
its clients some of the nation's largest corporations such as Time Inc. 
and Johnson & Johnson, and has contracted with federal, state and local 
governments.
  Ms. Storey has garnered several accolades for her entrepreneurial 
success and contributions to the business community, including being 
named by the Small Business Administration in 2007 as Virginia's 
``Women in Business Champion of the Year.'' She participates in 
speeches and mentoring programs to educate other entrepreneurs about 
navigating the government contracting process, and is the creator of an 
online guide that provides information on how to succeed in the federal 
marketplace.
  Madam Speaker, Ms. Storey has exemplified the remarkable 
accomplishments of which America's entrepreneurs are capable. This 
week, she will testify before the House Small Business Committee to 
share her story. I ask that you and the entire U.S. House of 
Representatives join with me in honoring her for the extraordinary work 
she has done for the small business economy. Her efforts demonstrate 
that if given the right resources, America's small businesses can be 
the catalysts that lift our economy from the current downturn and put 
us on the road to recovery.

                          ____________________




                25TH ANNIVERSARY OF FATHER AVED TERZIAN

                                 ______
                                 

                         HON. JAMES P. McGOVERN

                            of massachusetts

                    in the house of representatives

                          Monday, May 18, 2009

  Mr. McGOVERN. Madam Speaker, I rise today to recognize the 25th 
anniversary of Father Aved Terzian serving at the Parish of the 
Armenian Church of Our Saviour.
  Father Aved was born in Istanbul in 1956. He grew up in the church 
and decided to study divinity after high school. The person who really 
influenced his life was His Beatitude Archbishop Torkom Manoogian, 
Armenian Patriarchate of Jerusalem, and it was at his invitation that 
Father Aved came to America in February of 1975. In 1984, ``Deacon 
Onnig'' was ordained by his spiritual mentor Patriarch Torkom 
Manoogian. Following the tradition of the Armenian Church, the 
Patriarch named him Aved.
  As the longest serving Armenian priest in Worcester, Father Aved has 
played a vital role in the promotion of Armenian culture, bringing the 
community together for Genocide Commemorations, Joint Christmas Eve 
Services, and the Greater Worcester Armenian Chorale. He has maintained 
a positive relationship with the Armenian Church of Our Saviour's 
neighbor, Worcester Polytechnic Institute, giving commencement prayers 
and providing crisis counseling.
  In 1984, he participated in a Task Force to introduce holocaust 
studies to the Worcester Public Schools Curriculum. He has served on 
the Community Partnership for Police and Clergy, the City Manager's 
Coalition on Bias and Hate, the Diocesan Council Governing Body, the 
St. Nersess Seminary Board, and as an advisor to the Dean of Clark 
University.
  Father Aved was instrumental in coordinating efforts to renovate the 
Armenian Church of Our Saviour, an ambitious project that included the 
Church Sanctuary, Sunday School, Church Hall, Cultural Center and an 
elevator to accommodate the handicapped and elderly. During his tenure, 
Memorial Endowment Funds were established as a means to generate income 
for the church.
  Looking back over the past twenty-five years, Father Aved believes 
one of his greatest accomplishments has been to bring the parishioners, 
``the backbone of his ministry,'' to work together in serving the 
church. Father

[[Page 12737]]

Aved is thankful that the people of Worcester have accepted him, and 
been generous with their love and respect. When asked how he came to 
serve the Armenian Church as a priest, Father Aved referred to his 
calling as a process of getting closer to God, one that unfolded within 
him. Being a priest has been very rewarding for Father Aved. It is not 
a job, but a life he has chosen. As a representative of Christ, he is 
able to give people comfort, and lift their spirits when they are faced 
with life's challenges. He is, in his own words, a ``wounded healer.''
  Madam Speaker, I commend Father Aved Terzian for his commitment to 
the Parish of the Armenian Church of Our Saviour for 25 years. The 
Parish celebrates this Silver Anniversary milestone with Der Hayr, his 
wife Yeretzgin Vivian and sons Onnig and Raffi. I ask my colleagues in 
the House to join me in paying tribute to this remarkable man.

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules Committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Tuesday, May 19, 2009 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                                 MAY 20
     9 a.m.
       Foreign Relations
       African Affairs Subcommittee
         To hold hearings to examine developing a coordinated and 
           sustainable strategy for Somalia.
                                                            SD-419
     9:30 a.m.
       Banking, Housing, and Urban Affairs
         To hold an oversight hearing to examine the Troubled 
           Asset Relief Program (TARP).
                                                            SD-538
       Homeland Security and Governmental Affairs
         Business meeting to consider S. 599, to amend chapter 81 
           of title 5, United States Code, to create a presumption 
           that a disability or death of a Federal employee in 
           fire protection activities caused by any certain 
           diseases is the result of the performance of such 
           employee's duty, S. 629, to facilitate the part-time 
           reemployment of annuitants, S. 707, to enhance the 
           Federal Telework Program, proposed Enhanced Oversight 
           of State and Local Economic Recovery Act, S. 920, to 
           amend section 11317 of title 40, United States Code, to 
           improve the transparency of the status of information 
           technology investments, to require greater 
           accountability for cost overruns on Federal information 
           technology investment projects, to improve the 
           processes agencies implement to manage information 
           technology investments, to reward excellence in 
           information technology acquisition, S. 942, to prevent 
           the abuse of Government charge cards, S. 469, to amend 
           chapter 83 of title 5, United States Code, to modify 
           the computation for part-time service under the Civil 
           Service Retirement System, S. 692, to provide that 
           claims of the United States to certain documents 
           relating to Franklin Delano Roosevelt shall be treated 
           as waived and relinquished in certain circumstances, 
           H.R. 918, to designate the facility of the United 
           States Postal Service located at 300 East 3rd Street in 
           Jamestown, New York, as the ``Stan Lundine Post Office 
           Building'', H.R. 1595, to designate the facility of the 
           United States Postal Service located at 3245 Latta Road 
           in Rochester, New York, as the ``Brian K. Schramm Post 
           Office Building'', H.R. 663, to designate the facility 
           of the United States Postal Service located at 12877 
           Broad Street in Sparta, Georgia, as the ``Yvonne 
           Ingram-Ephraim Post Office Building'', H.R. 987, to 
           designate the facility of the United States Postal 
           Service located at 601 8th Street in Freedom, 
           Pennsylvania, as the ``John Scott Challis, Jr. Post 
           Office'', H.R. 1284, to designate the facility of the 
           United States Postal Service located at 103 West Main 
           Street in McLain, Mississippi, as the ``Major Ed W. 
           Freeman Post Office'', and the nominations of David 
           Heyman, of the District of Columbia, to be Assistant 
           Secretary of Homeland Security, Cass R. Sunstein, of 
           Massachusetts, to be Administrator of the Office of 
           Information and Regulatory Affairs, Office of 
           Management and Budget, Robert M. Groves, of Michigan, 
           to be Director of the Census, Department of Commerce, 
           Marisa J. Demeo, of the District of Columbia, and 
           Florence Y. Pan, of the District of Columbia, each to 
           be an Associate Judge of the Superior Court of the 
           District of Columbia.
                                                            SD-342
       Appropriations
       State, Foreign Operations, and Related Programs 
           Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2010 for the Department of State.
                                                            SD-192
     10 a.m.
       Finance
         To hold a closed meeting to examine financing 
           comprehensive health reform.
                                                            SD-215
       Judiciary
       Immigration, Refugees and Border Security Subcommittee
         To hold hearings to examine securing the border and 
           America's points of entry.
                                                            SD-226
       Appropriations
       Interior, Environment, and Related Agencies Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2010 for the Forest Service.
                                                            SD-124
       Joint Economic Committee
         To hold hearings to examine oil and the economy, focusing 
           on the impact of rising global demand on the United 
           States recovery.
                                              210, Cannon Building
     11 a.m.
       Foreign Relations
         To hold closed hearings to examine developments on the 
           ground in Pakistan and Afghanistan.
                                                           SVC-217
     1:30 p.m.
       Foreign Relations
         To hold hearings to examine foreign policy priorities in 
           the President's proposed budget request for fiscal year 
           2010 for international affairs.
                                                            SH-216
     2 p.m.
       Commerce, Science, and Transportation
         Business meeting to consider pending calendar business.
                                                            SR-253
       Armed Services
       Strategic Forces Subcommittee
         To hold hearings to examine the Defense Authorization 
           request for fiscal year 2010 and Future Years Defense 
           Program for military space programs; to be possibly 
           followed by a closed session in SVC-217.
                                                           SR-232A
       Aging
         To hold hearings to examine pension plans.
                                                            SR-432
     2:30 p.m.
       Homeland Security and Governmental Affairs
       Disaster Recovery Subcommittee
         To hold hearings to examine the role of Community 
           Development Block Grant Program in disaster recovery.
                                                            SD-342
       Judiciary
       Crime and Drugs Subcommittee
         To hold hearings to examine criminal prosecution as a 
           deterrent to health care fraud.
                                                            SD-226
       Armed Services
       Personnel Subcommittee
         To hold hearings to examine the Defense Authorization 
           request for fiscal year 2010 and Future Years Defense 
           Program for active component, reserve component, and 
           civilian personnel programs.
                                                            SR-222

                                 MAY 21
     9:30 a.m.
       Armed Services
         To hold hearings to examine the Defense Authorization 
           request for fiscal year 2010 and the Future Years 
           Defense Program for the Department of the Air Force.
                                                            SD-106
       Foreign Relations
         To hold hearings to examine a new strategy for 
           Afghanistan and Pakistan.
                                                            SD-419
       Veterans' Affairs
         Business meeting to markup pending legislation.
                                                            SR-418

[[Page 12738]]

     10 a.m.
       Environment and Public Works
         To hold an oversight hearing to examine the Economic 
           Development Administration.
                                                            SD-406
       Finance
         To hold hearings to examine The United States-Panama 
           Trade Promotion Agreement.
                                                            SD-215
       Judiciary
         Business meeting to consider S. 417, to enact a safe, 
           fair, and responsible state secrets privilege Act, S. 
           257, to amend title 11, United States Code, to disallow 
           certain claims resulting from high cost credit debts, 
           S. 448 and H.R. 985, bills to maintain the free flow of 
           information to the public by providing conditions for 
           the federally compelled disclosure of information by 
           certain persons connected with the news media, the 
           nominations of Thomas E. Perez, of Maryland, to be 
           Assistant Attorney General, Civil Rights Division, 
           Department of Justice, David F. Hamilton, of Indiana, 
           to be United States Circuit Judge for the Seventh 
           Circuit, Andre M. Davis, of Maryland, to be United 
           States Circuit Judge for the Fourth Circuit, and 
           committee's subcommittee assignments.
                                                            SD-226
       Small Business and Entrepreneurship
         To hold hearings to examine the role of small business in 
           stimulus contracting.
                                                           SR-428A
     10:30 a.m.
       Commerce, Science, and Transportation
       Consumer Protection, Product Safety, and Insurance 
           Subcommittee
         To hold hearings to examine health and product safety 
           issues associated with imported drywall.
                                                            SR-253
       Appropriations
       Defense Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2010 for the Missile Defense Agency.
                                                            SD-124
       Energy and Natural Resources
         Business meeting to consider pending calendar business.
                                                            SD-366
       Appropriations
       Labor, Health and Human Services, Education, and Related 
           Agencies Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2010 for the National Institutes of Health.
                                                            SD-138
     11 a.m.
       Appropriations
       Commerce, Justice, Science, and Related Agencies 
           Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2010 for the National Aeronautics and Space 
           Administration.
                                                            SD-192
     2 p.m.
       Appropriations
       Agriculture, Rural Development, Food and Drug 
           Administration, and Related Agencies Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2010 for the Food and Drug Administration.
                                                            SD-192
       Homeland Security and Governmental Affairs
         To hold hearings to examine financial regulatory lessons 
           from abroad.
                                                            SD-342
     2:15 p.m.
       Indian Affairs
         To hold hearings to examine executive branch authority to 
           acquire trust lands for Indian tribes.
                                                            SD-628
     2:30 p.m.
       Appropriations
       Legislative Branch Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2010 for the Government Accountability 
           Office, the Government Printing Office, and the 
           Congressional Budget Office.
                                                            SD-138
       Commerce, Science, and Transportation
       Science and Space Subcommittee
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2010 for NASA.
                                                            SR-253
       Intelligence
         To hold hearings to examine the nominations of Stephen 
           Woolman Preston, of the District of Columbia, to be 
           General Counsel of the Central Intelligence Agency, and 
           Robert S. Litt, of Maryland, to be General Counsel of 
           the Office of the Director of National Intelligence.
                                                            SH-216

                                JUNE 10
     9:30 a.m.
       Veterans' Affairs
         To hold an oversight hearing to examine the Department of 
           Veterans Affairs' construction process.
                                                            SR-418

                                JUNE 24
     9:30 a.m.
       Veterans' Affairs
         To hold an oversight hearing to examine the Department of 
           Veterans Affairs quality management activities.
                                                            SR-418

                             POSTPONEMENTS

                                 MAY 20
     2:15 p.m.
       Appropriations
       Energy and Water Development Subcommittee
         To hold hearings to examine funding and oversight of the 
           U.S. Army Corp of Engineers and the Bureau of 
           Reclamation.
                                                            SD-192

                                 MAY 21
     Time to be announced
       Health, Education, Labor, and Pensions
         Business meeting to consider S. 717, to modernize cancer 
           research, increase access to preventative cancer 
           services, provide cancer treatment and survivorship 
           initiatives, and any pending nominations.
                                                            SD-430
     2 p.m.
       Appropriations
       Military Construction and Veterans Affairs, and Related 
           Agencies Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2010 for the Department of Veterans 
           Affairs.
                                                            SD-124