[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