[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[Issue]
[Pages 16987-17170]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 16987]]

                           VOLUME 155--PART 13
                           
                     SENATE--Wednesday, July 8, 2009


  The Senate met at 9:30 a.m. and was called to order by the Honorable 
Tom Udall, a Senator from the State of New Mexico.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Great God, Eternal Lord, long ago You gave us this land as a home for 
free people. Show us that there is no law or liberty apart from You and 
lead our lawmakers to serve You with faithfulness and humility. Lord, 
use them to challenge the cruelty that divides and rules humanity. May 
they be Your instruments to draw people together in order to accomplish 
Your will. May these efforts enable America to be a light to nations, 
leading the way to Your promised kingdom. Throughout this day, may our 
Senators sense Your presence and engage in constant inner conversation 
with You.
  We pray in Your great Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Tom Udall 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 assistant legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                     Washington, DC, July 8, 2009.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Tom Udall, a Senator from the State of New Mexico, to perform 
     the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. UDALL of New Mexico 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 leader remarks, there will be a 
period of morning business for 1 hour. The Republicans will control the 
first 30 minutes, the majority will control the second 30 minutes. 
Following morning business, the Senate will resume consideration of the 
Homeland Security Appropriations Act. There will be 5 minutes for 
debate prior to a vote in relation to the Sessions amendment, with time 
equally divided and controlled between Senators Schumer and Sessions.
  Upon disposition of the Sessions amendment, there will be 2 minutes 
for debate prior to a vote on the DeMint amendment, with the time 
equally divided and controlled between Senators Murray and DeMint. 
Senators should, therefore, expect a series of votes to begin probably 
about 20 to 11 today. Additional rollcall votes are expected throughout 
the day.

                          ____________________




                         CIVILITY IN THE SENATE

  Mr. REID. Mr. President, every Wednesday in a first floor office 
meeting room there is a Prayer Breakfast. Members of the Jewish faith 
and Christian faith appear there and talk about their life experiences. 
Today was a tremendously stimulating day. Senator Ted Kaufman, from 
Delaware, made the presentation.
  I bring that to the attention of the Senate for a number of reasons. 
One is that Ted Kaufman has a stunning life story, not the least of 
which is starting in 1972, with a 29-year-old man named Joe Biden, who 
stood no chance of being elected in the State of Delaware, running 
against a man who had served in many different positions, including 
Member of the House of Representatives, Governor, and was a sitting 
Senator. But this young 29-year-old, with Ted Kaufman helping run his 
campaign, was elected, surprising everyone.
  As we know, Senator Biden, who had been recently elected--on top of 
the world, barely old enough to serve constitutionally--after having 
been in the Senate for a little over a month, his wife and daughter 
were killed and his two boys were badly injured. Ted Kaufman served 
with him as a staffer until, I think, about 1995, when he went into the 
private sector and then came back as a Senator, appointed when Senator 
Biden was elevated to become Vice President.
  But the most important part I wish to relate to the Senate is that he 
said, from the time he left here in 1995 until the day when he came 
back as a Senator, the civility that is now here was not in the Senate 
in 1995. He said the atmosphere here is so much better now than it was 
in 1995.
  Everyone should appreciate what Ted Kaufman said. We have tried--
President Obama has tried, I have tried--and I hope that has helped 
civility here. We all have to understand, as Senator Kaufman indicated 
to the Members assembled there today, that there is a difference 
between Democrats and Republicans philosophically, but that doesn't 
mean they cannot work together as friends. He gave a couple examples of 
Senators on the floor debating and then walking off shaking hands.

                          ____________________




                              HEALTH CARE

  Mr. REID. Mr. President, last month, I stood here and told everyone 
about a young woman from Nevada named Alysia. She was born with a 
kidney disease, one she fought bravely her entire life. But lately 
things have gotten worse. Similar to far too many Americans in recent 
months, Alysia lost her

[[Page 16988]]

job. That has happened to far too many Americans. When you lose your 
job, as we have learned, your health care often disappears also.
  Alysia did what any of us would do in the same situation, she tried 
to get independent coverage so she could afford the surgery she needs 
to get better. Her doctors say surgery is imperative, but insurance 
companies say: No, you can't get insurance. They refused to cover her. 
They call her kidney disease a preexisting condition--everyone else, 
including Alysia, calls it a tragedy.
  She is not the only Nevadan who has written me about injustice. Caleb 
Wolz is a high school student from Sparks, NV. Similar to so many kids, 
he used to play, when he was younger, all kinds of games. But now he 
just sticks to skiing and rock climbing. You can forgive him for not 
playing some of the games he doesn't play anymore. He was born without 
any legs. Caleb was born without legs.
  As kids grow, they grow out of their shoes. A lot of kids probably 
get a new pair every year. But Caleb, who is now 17, has needed a new 
pair of prosthetic legs every year since he was 5 years old.
  You can probably guess what the story is now, and you have it right. 
His insurance company has decided it knows better than his physicians 
and has decided that Caleb does not need legs that work and fit. Even 
after looking at pictures of the bruises and abrasions Caleb suffered 
from the prosthetics that didn't fit, his insurance company decided, 
once again, his preexisting condition is too expensive to deal with.
  These stories are hard to hear, but they are not hard to come by. 
They are extraordinary, but they are not unique. This happens to women 
all over southern Nevada just like Alysia and boys across northern 
Nevada just like Caleb. It happens to people on the east coast and the 
west coast. It happens to Americans in small towns and big cities. 
Every day, insurance companies look at a patient's medical history and 
the prescriptions they have filled. Then they deny them coverage or 
charge them exorbitant rates because of the patient's age or a specific 
illness. For every 10 patients who try to get health care, 9 of them 
never buy a plan because insurance companies deny them or make it too 
expensive.
  Most of us were not born with a kidney disease such as Alysia's or, 
unlike Caleb, we are born with both our legs. But unless you are in 
absolutely perfect health, without a history of anything from heart 
disease to high cholesterol or hay fever, in the insurance world you 
are out of luck. Some insurance companies even treat Caesarean sections 
as a preexisting condition, and some accuse women of scheduling 
unnecessary C-sections when they give birth. More than half of all 
Americans live with at least one chronic condition, and those 
conditions cause 70 percent of the deaths in America. Yet right now, 
insurance companies that care more about profits than about people are 
in complete control of their well-being. They are holding Americans 
hostage, and far too many of us cannot afford that ransom.
  Reforming health care is a complex endeavor, but one part of the 
Democrats' vision for health care is simple. We are going to give 
people control over their own health. We are no longer going to let 
greedy insurance companies use a patient's preexisting condition as an 
excuse to deny them the care they need.
  We will lower the high cost of health care. We will lower the cost of 
health care generally. We will make sure every American has access to 
that quality, affordable care, and we will do our very best to make 
sure people still have the power to choose their own doctors, 
hospitals, and health plans.
  If we leave it to private insurance companies that are more 
interested in keeping their profits up than keeping us healthy, that 
will not happen, nor will it happen if our Republican colleagues 
continue to defend the status quo. A few weeks ago, the Republican 
leader in the House of Representatives said the following:

       I think we all understand that we have the best health care 
     system in the world.

  How can one defend a health care system that goes out of its way not 
to care for people's health? And how can anyone celebrate such a system 
with a straight face? That health care system told Alysia she can't get 
the kidney surgery she needs. That health care system told Caleb he 
can't get the legs he needs. I think they would respectfully disagree 
with the Republican leader.
  Insurance companies and most of our Republican colleagues seem to 
share a common philosophy. They both reflexively and recklessly say no 
for no good reason. That is a philosophy we cannot afford in America. 
If you are fortunate enough to have coverage you like, you can keep it. 
But if you don't like the fact that the insurance company can deny you 
coverage when they feel like it, you will agree we need to change the 
way things are.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
leadership time is reserved.

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be a period for morning business for up to 1 hour, with time 
equally divided or controlled between the two leaders or their 
designees, with the Republicans controlling the first half and the 
majority controlling the final half, with Senators permitted to speak 
for up to 10 minutes each.
  The Senator from Tennessee is recognized.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the 
Senator from Arizona and I be permitted to engage in a colloquy for up 
to 20 minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. ALEXANDER. Will the Chair please let me know when 2 minutes 
remains.
  The ACTING PRESIDENT pro tempore. The Chair will do so.

                          ____________________




                              HEALTH CARE

  Mr. ALEXANDER. Mr. President, I heard the majority leader talk about 
denying care, and that is the issue before us--one of the major issues. 
The vision of the Republicans is that there will not be someone in 
between a patient and a doctor who would get in the way of a treatment 
you need or the care you need or have you stand in line or wait too 
long. Our great fear is the Democratic proposal so far, in which we 
have not had a chance to participate, would put the government between 
you and the doctor and the government doing the rationing.
  Republican proposals, such as those of Senator Gregg and Senator Burr 
and Senator Coburn and even the bipartisan proposal by Senator Wyden, a 
Democrat, and Senator Bennett, a Republican--of which I am a cosponsor 
of all--envision a system where those of us, the 250 million of us who 
already have health care insurance, would be permitted to keep it and 
that we would find a way to reform the Tax Code to give to individuals 
who do not have good health care the money they need to buy the health 
care and to choose it for themselves. Our concern is, the Government 
might become too much involved, and we might create a program that is 
filled with more debt, on top of the debt we already have, that our 
children and grandchildren simply couldn't afford it.
  Mr. McCain, the Senator from Arizona, has been, I guess, in more town 
meetings about health care than any other American, at least any other 
American who serves today in the Senate. He was in Texas last week and 
home last week in Phoenix, at some of our leading institutions, to hear 
what people had to say about it.
  I wonder if I could ask the Senator from Arizona if he heard concern 
from those in his home State of Arizona, or

[[Page 16989]]

those at M.D. Anderson in Texas, about the government getting in 
between the patient and the doctor.
  Mr. McCAIN. Mr. President, if I could say, first of all, I would like 
to thank the Senator from Tennessee for his leadership on this issue. 
It is a privilege to serve on the HELP Committee with him, and his 
continued involvement in the ongoing discussion and debate about one-
sixth of America's gross national product has been vital.
  I thank my friend from Tennessee. Could I also pick up on what the 
Senator was just saying, that the majority leader criticized the 
Republican leader in the House who said America has the best health 
care system in the world. What the Republican leader in the House was 
saying was the obvious: America has the highest quality health care in 
the world. And as the Senator from Tennessee just mentioned, I was in 
Houston at M.D. Anderson with Republican leaders, the Senator from 
Kentucky and Senator Cornyn from Texas. There were people there from 90 
countries around the world--90 countries, most of them wealthy people 
who could have gone anywhere in the world for health care.
  But they went to the best place in the world, M.D. Anderson--one of 
the best, I would argue. We have some facilities in Arizona and 
probably in Tennessee that are of equal quality.
  But is there any doubt, when people come from all over the world to 
the United States of America, that the highest quality health care is 
not in America? It is. The problem is, and I am afraid some of my 
colleagues do not get it, it is not the quality of health care, it is 
the affordability and the availability of health care.
  Our effort has been to try to make health care affordable and 
available. The latest proposal of the Democrats is that it only covers 
40 percent of the uninsured and costs trillions of dollars. So why not, 
I would ask my friend from Tennessee, why not let people go across 
State lines to get the insurance policy they want? Why could not a 
citizen of Arizona who does not like the insurance policies that are 
available there find one in Tennessee? Why not have meaningful 
malpractice reform? We all know where 10, 15, 20 percent, sometimes, of 
health care costs come from. They come from the practice of defensive 
medicine.
  Everybody knows it. It is one of the elephants in the room. So, 
therefore, we do not have--and consistently in the HELP Committee, 
amendments that have been proposed by the Senator from Tennessee and me 
and others to reform medical malpractice have been voted down.
  The State of California some years ago enacted meaningful and 
significant medical malpractice reform. Guess what. It has decreased 
health care costs. So we are not getting--and I say to my friend from 
Tennessee, I hope he agrees that we are going at the wrong problem. The 
problem is not the quality of health care. We want to keep the quality 
of health care. It is the cost and affordability of health care.
  We have not gotten affordable and available health care for all 
Americans.
  Mr. ALEXANDER. I agree with my friend from Arizona. I think of the 
pregnant women in rural counties in Tennessee who have to drive all the 
way to Memphis, or all the way to Nashville to get prenatal health care 
because there are no OB-GYN doctors after their medical malpractice 
cases have driven up their insurance. So there is no way for them to 
get health care.
  If I am not mistaken, I listened to the majority leader talking about 
the tragic case in Nevada of someone unable to get health care because 
of a preexisting condition. The Senator from Arizona knows all of the 
proposals. I believe all of the Republican proposals would say, 
everyone would be covered, that preexisting conditions would not 
disqualify you.
  The issue before us is whether we are going to address trillions to 
the debt or put the government in between the patient and the doctor.
  Mr. McCAIN. I totally agree. Could I mention, since the Senator from 
Tennessee and I are going up to another meeting in the HELP Committee, 
the Roll Call article this morning says:

       Senate Majority Leader Harry Reid on Tuesday strongly urged 
     Finance Chairman Max Baucus to drop a proposal to tax health 
     benefits and stop chasing Republican votes on a massive 
     health care reform bill. Reid, whose leadership is considered 
     crucial if President Barack Obama is to deliver on his 
     promise of enacting health care reform this year, offered the 
     directive to Baucus through an intermediary after consulting 
     with Senate Democratic leaders during Tuesday morning's 
     regularly scheduled leadership meeting.

  In other words, according to this article, any shred or semblance of 
bipartisanship is now out the window. So I think the Senator from 
Tennessee would agree with me. One of the very disappointing aspects of 
this whole debate is we have not changed the climate in Washington. Has 
there ever been, to the Senator's knowledge, a call to sit down at a 
table in a room with leading Republicans and Democrats and say: Hey, 
can't we work this out? What is your proposal? Here is ours. Can't we 
sit down and agree to save health care in America and preserve its 
quality and make it affordable and available? Way back in the 1980s 
when Ronald Reagan and Tip O'Neill sat down together, they saved Social 
Security.
  This is unfortunate that even the last shreds of attempts at 
bipartisanship are now gone. Now maybe it is because the 60th 
Democratic vote was sworn in yesterday. Maybe they figured they had the 
votes. Maybe they do. But anybody who alleges that this administration 
and the other side of the aisle are changing the climate in Washington, 
that is simply false.
  Mr. ALEXANDER. There is probably no one in the Senate who has been in 
the midst of bipartisan negotiations more times than the Senator from 
Arizona. This is not just for the purpose of feeling good, it is the 
way to actually get a broad base of support for an energy bill or an 
immigration bill or a Supreme Court nominee. Usually it involves, if I 
am not mistaken, sitting down with several members of each side and 
coming to a consensus, sharing insurance ideas, fighting off the left 
and right and producing 60 or 70 votes. If I am not mistaken, that is 
the way we do bipartisan bills around here.
  Mr. McCAIN. I say to my friend, indeed. One of the issues I think we 
ought to continue to understand is one of the key elements of this 
debate is whether we will have the so-called government option. I know 
the Senator from Tennessee is going to talk about that. I think it is 
important for us to look overseas at other countries that are highly 
industrialized, highly sophisticated, strong economies, countries that 
have government-run health care.
  To say the government option would be just another competitor clearly 
is not the case; otherwise, we would just have 1,501 new insurance 
companies in America. If you had the government option, it will lead to 
a government takeover of health care, and we ought to look at what 
other countries do.
  I am sure the Senator from Tennessee knows this, but it is health 
care rationing and a level of health care that will not be acceptable 
in the United States of America. I say that with great respect to our 
friends in Canada, the British, and other countries that have 
government-run health care systems. I think that is going to be one of 
the two major issues: the government-run health care and the employee 
mandate. Those are what this health care debate will come down to.
  It is of great concern, I know, to the Senator from Tennessee.
  Mr. ALEXANDER. I thank the Senator from Arizona. I know he is on his 
way to work on the health care bill, to take the leadership, to the 
extent we can, in making it a better bill. I thank him for coming to 
the floor to discuss that today, and to help us reemphasize that we do 
not have any disagreement with our friends on the other side about the 
need to reform health care. I do not think we have any disagreement. At 
least we want to make sure our principal goal is to make health care 
affordable for every American. We want your family and you to be able 
to buy health insurance at a price you can afford and to take care of 
tragic cases

[[Page 16990]]

such as the one the majority leader talked about. I think there is a 
consensus on both sides of the aisle to make sure if you have a 
preexisting condition you can be insured, and it will not matter where 
you live.
  The Wyden-Bennett proposal, for example, and others, actually also 
say that you may carry your insurance from one job to the other, so 
that if you lose your job, or if you change your job, you still have 
your insurance because it is your insurance, and it does not just 
depend upon your employer.
  What we are concerned about is the fact that President Obama's 
administration has already proposed adding, over the next 10 years, 
more new debt, three times as much new debt actually as was spent in 
all of World War II in today's dollars. That is the first thing.
  The second thing is this idea of the so-called government option. 
Someone says: What is so bad about that? Think of it this way. Let's 
say you put some elephants and some mice in one room. You say: OK, 
fellows, compete. What do you think will happen? Pretty soon there are 
no mice left; they are all squished. You have a big elephant left. That 
is your only choice.
  We have an example of that in the current Medicaid Program, which is 
one of the worst government programs imaginable. There are 60 million 
Americans stuffed in it, primarily because they are low income or 
disabled. It is run jointly by the Federal Government and by the State 
government. Every Governor--and this has been true for 25 years, from 
the time I was Governor--has struggled with finding money to both fund 
the State's share of it and still have money for higher education and 
for other State needs.
  It is filled with waste. The Congressional Budget Office says 1 out 
of every 10 taxpayer dollars that are spent for Medicaid is fraud, 
waste, or abuse. That is $32 billion a year. That is $320 billion over 
10 years, enough to make a real dent in whatever we decide to do on 
health care.
  Yet the Democratic proposals that we are seeing involve putting more 
people into that government program. The problem for the taxpayer is 
how expensive that is. I have a letter from the Congressional Budget 
Office dated July 7 to Senator Gregg, the ranking member of the Budget 
Committee, which I ask unanimous consent to have printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                     Washington, DC, July 7, 2009.
     Hon. Judd Gregg,
     Ranking Member, Committee on the Budget,
     U.S. Senate, Washington, DC.
       Dear Senator: In response to your request, the 
     Congressional Budget Office (CBO) has considered the likely 
     effects on federal spending and health insurance coverage of 
     adding a substantial expansion of eligibility for Medicaid to 
     the Affordable Health Choices Act, a draft of which was 
     recently released by the Senate Committee on Health, 
     Education, Labor, and Pensions (HELP). CBO's preliminary 
     analysis of that draft legislation was provided to Senator 
     Edward M. Kennedy on July 2, 2009; that analysis is available 
     on CBO's web site, www.cbo.gov.
       The draft legislation would make a number of changes 
     regarding the financing and provision of health insurance, 
     including establishing insurance exchanges through which 
     coverage could be purchased and providing new federal 
     subsidies to help individuals and families with income 
     between 150 percent and 400 percent of the federal poverty 
     level (FPL) pay for that coverage. Although the draft 
     legislation envisions that Medicaid would be expanded to 
     cover individuals and families with income below 150 percent 
     of the FPL, it does not include provisions to accomplish that 
     goal, and our preliminary analysis (conducted jointly with 
     the staff of the Joint Committee on Taxation) did not reflect 
     such an expansion.
       The precise effects on federal costs and insurance coverage 
     of adding an expansion of eligibility for Medicaid up to 150 
     percent of the FPL would depend importantly on the specific 
     features of that expansion. For example, the effects would 
     depend on how eligibility for the program was determined and 
     on whether the expansion started immediately or only as the 
     proposed insurance exchanges went into operation. The effects 
     would also depend what share of the costs for newly eligible 
     people was borne by the federal government and what share was 
     borne by the states (which would be determined by the average 
     FMAP, or Federal Medical Assistance Percentage). In addition, 
     the effects would depend on whether states faced a 
     maintenance-of-effort requirement regarding their current 
     Medicaid programs.
       CBO has not yet had time to produce a full estimate of the 
     cost of incorporating any specific Medicaid expansion in the 
     HELP committee's legislation. However, our preliminary 
     analysis indicates that such an expansion could increase 
     federal spending for Medicaid by an amount that could vary in 
     a broad range around $500 billion over 10 years, Along with 
     that increase in federal spending would come a substantial 
     increase in Medicaid enrollment, amounting to perhaps 15 
     million to 20 million people. Such an expansion of Medicaid 
     would also have some impact on the number of people who 
     obtain coverage from other sources (including employers). All 
     told, the number of non-elderly people who would remain 
     uninsured would probably decline to somewhere between 15 
     million and 20 million. (For comparison, CBO's analysis of 
     the draft legislation that was released by the HELP committee 
     found that, absent any expansion of Medicaid or other change 
     in the legislation, about 33 million people would ultimately 
     remain uninsured if it were to be enacted.)
       Such an expansion of Medicaid would have some impact on 
     other aspects of the federal budget beyond Medicaid itself 
     (including tax revenues and the proposed payments to the 
     government by employers who do not offer coverage to their 
     workers, which the legislation labels ``equity 
     assessments''). Those additional effects might increase or 
     decrease the effect of the proposal on the federal deficit by 
     as much as $100 billion. It bears emphasizing that this 
     analysis is preliminary and the figures cited are approximate 
     because they do not reflect specific legislative language nor 
     do they incorporate, in detail, a variety of interactions and 
     other effects that changes in Medicaid would cause.
       I hope this information is helpful to you. If you have any 
     questions, please contact me or CBO's primary staff contacts 
     for this analysis, Philip Ellis and Holly Harvey.
           Yours truly,
                                             Douglas W. Elmendorf,
                                                         Director.

  Mr. ALEXANDER. That letter was from Douglas W. Elmendorf, the 
Director of the Congressional Budget Office, with whom I am about to 
meet, along with other members of the HELP Committee.
  It says: The proposal envisions that Medicaid--that is the Democratic 
proposal--would be expanded to cover individuals and families with an 
income below 150 percent of the Federal poverty level.
  That sounds good, but the draft legislation does not include 
provisions to accomplish the goal. About three-quarters of the people 
who would remain uninsured under this version of the legislation would 
have income--in other words, even though we are spending trillions more 
under this proposal, a lot of people are uninsured and three-quarters 
of them are going to be dumped into Medicaid. For the Federal 
Government, that is hundreds of billions of new dollars we would have 
to borrow, and the thought is over time it would be shifted to the 
States. In the State of Tennessee, based upon conversations we have had 
with the State Medicaid director, it might add an amount of money to 
the State's annual budget that would be equal to the amount that a new 
10-percent State income tax would take.
  That is not even the worst thing about it. The worst thing about it 
is what it would do to the low-income Americans who are stuffed into 
the proposal. Some 40 percent of doctors will not see Medicaid patients 
for all their services--40 percent of doctors. So we say: 
Congratulations, we are going to run up the Federal debt and add a big 
State tax, in order to stuff you into a proposal where 40 percent of 
the doctors today will not see you. It is like giving out a ticket to a 
bus system that does not have any buses.
  What is the alternative? The Republican proposals are completely 
different. They focus first on the 250 million of us who already have 
health insurance to try to make sure it is affordable to us, that we 
can afford it. Then we say let's take the money that is available and 
give it to the low-income Americans and let them buy, choose, a private 
health insurance policy more like the policies most of us have. We 
offer this instead of stuffing them into the Medicaid proposals which 
are filled with inefficiencies, cannot be managed, and which many 
doctors will not work with.
  That is a better course forward. But, unfortunately, our voices are 
not being

[[Page 16991]]

heard on that subject. But we are going to continue to make our case. 
We have the Burr proposal, the Gregg proposal, the Coburn proposal, the 
Wyden-Bennett proposal. All are different from the government option, 
and all do not run up the debt.
  In fact, the Wyden-Bennett proposal, which is the only bipartisan 
proposal before this body today, with several Republican Senators and 
several Democratic Senators, adds zero to the debt according to the 
Congressional Budget Office.
  Maybe as we go through, if we were seriously considering it, we would 
find a need to add some costs. But at least we start with the idea that 
instead of adding $1, $2, or $3 trillion over the next 10 years to the 
Federal deficit and dumping a new program onto the States after a few 
years, which the States in their bankrupt condition, in some cases, 
cannot afford, at least we would start out with an increased deficit of 
zero.
  We are almost working at the wrong end. Our biggest problem facing 
the country is the cost of health insurance to every American, not just 
the uninsured Americans but the 250 million who already have insurance. 
The other big issue is the cost of government, caused by rising health 
care costs, and we have gotten away from thinking of ways to bring that 
under control. There are even proposals floating around to take 
savings, to cut Medicare and Medicaid and use those dollars to help pay 
for the Democratic plan.
  If we reduce the growth of spending in Medicaid, we should spend it 
on Medicare, which is increasing at a rate that is going to cause our 
children and grandchildren never to be able to pay off the national 
debt.
  Republicans stand ready to work with Democrats to produce health care 
reform this year, despite the majority leader's statement that it is 
time for Senator Baucus to stop chasing Republican votes. We are glad 
he is chasing Republican votes, and we hope he gets some. But the way 
we do things around here usually is a group of 15 or 20 Senators, such 
as Senator McCain and others, sit around and say: OK, let's put our 
ideas together and come up with a consensus bill, not to operate from a 
procedure that we won the election, we have 60 votes, and we will write 
the bill. It is more complicated than that. It needs a broad base of 
support in the Senate to have a broad base of support in the country. 
Without that base of support, it will not be successful.
  We have made our proposals--the Burr proposal, the Gregg proposal, 
the Coburn proposal, the Wyden-Bennett proposal. Senator Hatch and 
Senator Cornyn have a slightly different idea that would give the money 
to the Governors and let them find a way to cover low-income 
individuals. As a former Governor, I like that idea. We have an 
imaginative Democratic Governor in Tennessee who has brought the 
Medicaid Program there under some control and has come up with several 
innovative ideas. The difficulty he and other Governors have is that it 
takes them a year to get permission from Washington to try their 
innovative ideas to offer the kind of health care to low-income 
individuals they might need which could be different in Tennessee and 
different in California.
  This is the biggest issue before our country today. It is certainly 
the biggest issue before Congress. Republicans have our proposals on 
the table. We are ready to go to work. We want to make sure there are 
no preexisting conditions left out that disqualify people. We want to 
make sure that everyone is covered and that we have access to health 
care at a cost the family budget can afford. We are resolute in our 
determination not to add trillions more to the national debt and not to 
dump new debt on the States. We are resolute in our determination not 
to dump low-income people into a failing government program called 
Medicaid when a much better alternative is to give them the credits and 
the vouchers and the cash so they can purchase private health insurance 
and have coverage more like the rest of Americans have.
  I yield the floor and 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. VITTER. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. VITTER. I ask unanimous consent to speak in morning business for 
up to 15 minutes.
  The ACTING PRESIDENT pro tempore. In my capacity as a Senator from 
New Mexico, I object.
  The Senator from Illinois.

                          ____________________




                           HEALTH CARE REFORM

  Mr. DURBIN. Mr. President, the issues before the Senate are sometimes 
weighty and complex, historic. I don't think there is any greater 
challenge this Senate has faced in modern times than our current debate 
over health care. This is such a major part of not only the American 
economy but of our everyday lives that it is hard to think of another 
issue we have tackled which will be so far-reaching.
  The American people understand the need for change when it comes to 
health care. Even if they have a health insurance policy today they 
value and trust, they are worried about tomorrow. The cost, the 
availability, being denied coverage for a preexisting condition, losing 
a job and losing health insurance, a child who turns age 23 and all of 
a sudden is on their own in the health insurance market--there is a lot 
of uncertainty we need to be serious about.
  When we think about these issues, many times we put them in the 
context of Washington. In Washington, the issues are about the people 
one might see in the corridors. They are lobbyists representing special 
interest groups who can afford to send people to talk to Senators and 
Congressmen. They represent doctors and hospitals, health insurance 
companies, pharmaceutical companies, medical device companies. They all 
have an interest in this debate because, quite honestly, it goes to the 
bottom line--whether or not they will be profitable. They, of course, 
want to maximize their profits if they can.
  But the people who are not in the corridors are the ones we ought to 
be thinking about as well. These are average Americans who got up this 
morning, and, if they were lucky enough, went to work. They will work 
hard all day, come home bone weary, trying to keep their family 
together, and get ready for another day tomorrow.
  I think of a mother like Karen Gulva in my home State of Illinois. 
She is a single mom with a 12-year-old boy with asthma.
  I visited, about 10 years ago, the University of Chicago Children's 
Hospital. The head physician there, the admitting physician at the 
hospital in the emergency room, said to me: Senator, what would you 
guess is the No. 1 diagnosis of kids going into emergency rooms in 
America? And I said: Trauma? They fall off their bicycles and things 
like that? He said: No. Asthma. Asthma is the No. 1 reason children are 
seen at emergency rooms across America.
  Well, it surprised me because my family has been spared from that 
problem. I started thinking a lot more about it. I came to the Senate 
here and started talking to my colleagues. I went to Ted Kennedy--he 
sat back there in the back row--and I said: I am thinking about an 
asthma awareness effort. He said: Count me in. My son has asthma. Then 
I went across the aisle, at the time, and talked to Spencer Abraham, 
who was a Republican Senator from Michigan. I said: Spencer, I was 
surprised to learn about this asthma being the No. 1 reason kids go to 
emergency rooms. He said: I know all about it. I grew up with asthma. 
Pat Moynihan, who sat in the back row here: Same story.
  It dawned on me, even though it had not touched my life personally, 
it touched the lives of many people in this Chamber and a lot of 
American families.
  Karen Gulva has one of those families. The primary care physician for 
her 12-year-old son has prescribed daily doses of a lot of medications: 
Singulair, Allegra, and two different

[[Page 16992]]

kinds of inhalers. Add these medications to the Strattera he is already 
taking to regulate his ADD, and you can see that access to medication 
is essential in the day-to-day life of this typical active 12-year-old 
boy in my home State of Illinois.
  There is more to Karen's story. Karen has a stable full-time job 
earning a salary of $31,000 a year plus benefits. She falls right into 
the range of what we call middle-class working Americans. At first, 
Karen's health insurance premiums were affordable. They reduced her 
paycheck by $52.50 twice a month--$105 a month. However, costs for that 
health care have risen dramatically over the last few years. Karen is 
now paying over $300 a month for her premiums alone.
  Remember, she makes $31,000 a year gross. This does not include the 
$500 deductible or her share of the cost for office visits and 
prescriptions. The yearly cost of health care for Karen and her son is 
now so great that it is hard for her to keep up with other payments she 
has to make--just the basic necessities: food, gas for the car, and car 
payments. She is barely scraping by. She refinanced her condo twice 
this year to stay out of credit card debt.
  She has tried everything to bring down her health care costs. She has 
looked for other health insurance options in the private market, but 
because her son has what we call a preexisting condition, in this case 
asthma, she has been denied coverage.
  Karen Gulva is not looking for a handout from this government. She 
just wants some help from the country she supports as a loyal tax-
paying American citizen. All she wants is affordable health insurance. 
All she wants is some peace of mind as a mom that her kid is going to 
have what he needs to lead a normal life.
  That is what the debate is about. It is about the uninsured--50 
million people who do not have insurance--but it is also about Karen, a 
hard-working mom who has watched the cost of health insurance triple in 
a short period of time and who worries about whether she can keep up 
with it.
  I have listened to a lot of debate coming from the other side of the 
aisle, and I hope I am not misinterpreting it. But it seems for some on 
the other side of the aisle they do not view this as a matter of 
urgency. They do not see this as an issue that requires our immediate, 
full-scale attention.
  I see it differently. I think this gets to the heart of why we are 
here in the Senate. We are not here to stand on the floor and make 
speeches. We are here to pass laws that make life better for America 
and give us a chance for a stronger Nation with stronger families in 
the years to come. Sometimes we have to tackle some of the issues that 
are the hardest.
  President Obama has told many of us privately and said publicly many 
times: If health care reform were easy, they would have done it a long 
time ago. It is not easy. It is not easy because the current expensive 
system is rewarding people, unfortunately, for the wrong things.
  I have referred on the floor before to an article in the New Yorker 
from June 1 by a doctor, Atul Gawande. It is titled ``The Cost 
Conundrum.'' Dr. Gawande went to McAllen, TX, to figure out why in the 
world in that small town the average spent on Medicare recipients was 
$15,000 a year--one of the highest in the Nation. He could not find a 
reason. This is not the situation where there is a disease there or 
elderly people are sicker.
  What he found out was the doctors in that town were billing 
everything imaginable. They were throwing in tests and procedures, 
piling one on top of the other because they get paid more. The more 
they do, the more they bill, the more they get paid.
  One of the doctors said: Well, you know, it is defensive medicine. We 
can get sued. And another doctor said: That is not the case at all. 
Texas has one of the tightest med mal laws in the Nation. It limits the 
amount anybody could recover for a medical malpractice lawsuit, and 
there are not many suits that are filed. No. The bottom line is, these 
doctors have an incentive to bill more to the Medicare system because 
they get paid more when that happens.
  If you go to a place such as Rochester, MN, and the Mayo Clinic, 
where the doctors are on salary, and their goal is not to pile up the 
procedures but to get the patient well, you will find the cost of 
treating Medicare patients is dramatically less in Rochester, MN, than 
it is in McAllen, TX.
  How do you create an incentive in our system for the right outcomes--
healthy people with quality care available to them--and reduce the 
overall cost? Our health care system spends twice as much per person 
than any other nation on Earth. Our results do not show why that money 
is being spent. They do not prove that is working to make us a safer, 
healthier nation.
  So now the argument on the other side is that we have to be careful 
because we might end up with a public option; that is, a health 
insurance plan as an option that Americans can choose that might be 
government sponsored. I do not think that is wrong. In fact, I think 
that is healthy. It is important the private health insurance companies 
who now rule the roost have competition--somebody keeping an eye on 
them to make sure they treat people fairly. I think a public plan that 
does not have a profit motive, that does not worry about marketing, and 
does not have high administrative costs could be that plan, that 
competitive option that keeps the private health insurance companies 
honest.
  Many on the other side have stood up and said: Government health 
insurance plans are a bad idea. Really? Forty-five million Americans 
are under Medicare today--elderly, disabled Americans covered by 
Medicare. I have not heard a single person on the other side of the 
aisle say: Let's get rid of Medicare. It is a bad idea. And you will 
not hear that because it is a good idea, and it works. There are 
another 60 million who are covered by Medicaid, our health insurance 
for the poor. I have not heard any suggestions from the other side of 
the aisle of eliminating Medicaid.
  So 105 million Americans, one-third of our population, are currently 
insured through a government plan. I think it is a healthy thing. As 
long as the government plan we are talking about is trying to bring 
costs down and expand coverage so everybody has the benefit of health 
insurance, then I think it is a good thing to build into this system.
  So the debate will continue, as it should, at the highest levels now. 
But there is one option we cannot accept, and that is the option of 
stalemate and the option of failure. I do not know I will ever have 
another moment in time in my public career to seriously take on the 
health care reform issue. The last time was 15 years ago under 
President Clinton.
  We have to seize this opportunity. We are lucky to have a President 
who has stated to many of us and many of the leaders in Congress that 
this is a priority he is willing to fight for. Even at the expense of 
his political popularity he wants to get this job done. That is the 
kind of leadership this country needs on an issue that is critically 
important to every single person, every family, every business, and, 
frankly, to the economic future of our Nation.
  I encourage my colleagues: Try to find that common ground, try to 
bring together a bipartisan approach here, some compromise on both 
sides that comes up with the best approach. Let's bring in those 
medical professionals who can help us get to a good place. Let's give 
peace of mind to Karen Gulva and so many others around America who 
worry every single day about coverage for their kids and for the people 
they love.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania is 
recognized.

                          ____________________




                          SOTOMAYOR NOMINATION

  Mr. SPECTER. Mr. President, I have sought recognition to discuss, 
first of all, the pending nomination of Judge Sonia Sotomayor for the 
Supreme Court of the United States.
  Judge Sotomayor comes to this nomination with impeccable credentials: 
summa cum laude at Princeton; Yale

[[Page 16993]]

Law School; was on the Yale Law Journal; had a distinguished career in 
private practice; an assistant district attorney with DA Morgenthau in 
Manhattan; service on a U.S. District court, a trial court; and now 
serves on the Court of Appeals for the Second Circuit.
  The conventional wisdom is that Judge Sotomayor will be confirmed. 
But notwithstanding the conventional wisdom, under the Constitution it 
is the responsibility of the Senate, on its advice and consent 
function, to question the nominee to determine how she would approach 
important issues. It also presents a good opportunity to shed some 
light on the operations of the Supreme Court of the United States in an 
effort to improve those operations.
  It has been my practice recently to write letters to the nominees in 
advance, as I discussed it with Judge Sotomayor during the so-called 
courtesy visit I had with her, and she graciously consented to respond 
or to receive the letters and was appreciative of the opportunity to 
know in advance the issues which would be raised.
  Sometimes if an issue comes up fresh, the nominee does not know the 
case or does not know the issue and may be compelled to say: Well, let 
me consider that, and I will get back to you. So this enables us at the 
hearings to move right ahead into the substantive materials.
  The first letter I wrote involved congressional power and the 
adoption by the Supreme Court of a test on congruence and 
proportionality, which Justice Scalia called the ``flabby test,'' which 
enables the Court to, in effect, legislate.
  The second letter involved the prospect of televising the Supreme 
Court to grant greater access to the public to understand what the 
Supreme Court does.
  And the third letter, which I sent to Judge Sotomayor yesterday, 
involves the issue of the Court's backlog and the opportunities for the 
Court to take on more work.
  Chief Justice Roberts, in his confirmation hearings, noted that the 
Court ``could contribute more to the clarity and uniformity of the law 
by taking more cases.''
  The number of cases the Supreme Court decided in the 19th century 
shows it is possible to take up more cases. In 1870, the Court had 636 
cases on the docket, decided 280; in 1880, the Court had 1,202 cases on 
the docket, decided 365; in 1886, the Court had 1,396 cases on the 
docket, decided 451.
  Notwithstanding what Chief Justice Roberts said in his confirmation 
hearing, during his tenure the number of cases has continued to 
decline. In the 1985 term, there were 161 signed opinions. In the 2007 
term, with Chief Justice Roberts in charge, there were only 67 decided 
cases.
  The Court has what is called a ``cert. pool,'' where seven of the 
nine Justices--excluding only Justice Stevens and Justice Alito--have 
their clerks do the work, suggesting that the Justices spend little 
time if any on the cert. petitions except to examine a memo in this 
sort of a pool, raising questions as to whether that is adequate on 
individualized justice with the individual Justices considering these 
issues. The Justices can't consider the thousands of cases which are 
filed, but there may be a better system, as Justice Stevens and Justice 
Alito have it, with their taking their own individual responsibility.
  There is another major problem in the Court and that is its failure 
to take on cases where the courts of appeals for the circuits are 
split. There are many such cases. In my letter to Judge Sotomayor, I 
have identified some. Illustrative of the cases are important issues 
such as mandatory minimums for the use of a gun in drug trafficking or 
the propriety of a jury consulting the Bible during its deliberations. 
Justice Scalia, in dissenting on one of the refusals to take up a case 
with a circuit split, said this--dissenting, Justice Scalia wrote:

       In light of the conflicts among the circuits, I would grant 
     the petition for certiorari and squarely confront both the 
     meaning and the constitutionality of the section involved.

  He went on to say:

       Indeed, it seems to me quite irresponsible to let the 
     current chaos prevail.

  Well, that is the kind of chaos which prevails when two circuits 
split. The case may come up in another circuit where the precedents are 
divided, and it seems to me that the Court ought to take up the issues. 
That could be ameliorated by a change in the rules. Four Justices must 
agree to hear a case, and I intend to ask Judge Sotomayor her views on 
this subject and on her willingness, perhaps, to be interested in 
taking cases with only three Justices or perhaps two Justices.
  The refusal of the Court to take up these major cases is very 
serious, illustrated by its denial of consideration of perhaps the 
major--or at least a major--conflict between the power of Congress 
under article I of the Constitution to enact the Foreign Intelligence 
Surveillance Act, which provided for the exclusive means to have 
wiretap warrants issued, contrasted with President Bush's warrantless 
wiretap procedures under the terrorist surveillance program. The 
Detroit District Court found the terrorist surveillance program 
unconstitutional. The Sixth Circuit decided it would not decide the 
case by finding a lack of standing. In the letter to Judge Sotomayor, I 
cite the reasoning of the dissenting judge, showing the flexibility of 
the standing doctrine. Then the Supreme Court of the United States 
decides not to decide the case. It so happens, in so many matters, what 
the Court decides not to decide may well be more important than what 
the Court actually does decide.
  These are issues which I intend to take up with Judge Sotomayor. I 
ask unanimous consent that the text of my letter to Judge Sotomayor be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                                     Washington, DC, July 7, 2009.
     Hon. Sonia Sotomayor,
     c/o The Department of Justice,
     Washington, DC.
       Dear Judge Sotomayor: As noted in my letters of June 15 and 
     June 25, I am writing to alert you to subjects which I intend 
     to cover at your hearing. During our courtesy meeting you 
     noted your appreciation of this advance notice. This is the 
     third and final letter in this series.
       The decisions by the Supreme Court not to hear cases may be 
     more important than the decisions actually deciding cases. 
     There are certainly more of them. They are hidden in single 
     sentence denials with no indication of what they involve or 
     why they are rejected. In some high profile cases, it is 
     apparent that there is good reason to challenge the Court's 
     refusal to decide.
       The rejection of significant cases occurs at the same time 
     the Court's caseload has dramatically decreased, the number 
     of law clerks has quadrupled, and justices are observed 
     lecturing around the world during the traditional three-month 
     break from the end of June until the first Monday in October 
     while other Federal employees work 11 months a year.
       During his Senate confirmation hearing, Chief Justice John 
     G. Roberts, Jr. said the Court ``could contribute more to the 
     clarity and uniformity of the law by taking more 
     cases.''i The number of cases decided by the 
     Supreme Court in the 19th century shows the capacity of the 
     nine Justices to decide more cases. According to Professor 
     Edward A. Hartnett: ``. . . in 1870, the Court had 636 cases 
     on its docket and decided 280; in 1880, the Court had 1,202 
     cases on its docket and decided 365; and in 1886, the Court 
     had 1,396 cases on its docket and decided 451.''ii 
     The downward trend of decided case is noteworthy since 1985 
     and has continued under Chief Justice Roberts' leadership. 
     The number of signed opinions decreased from 161 in the 1985 
     term to 67 in the 2007 term.iii
       It has been reported that seven of the nine justices, 
     excluding Justices Stevens and Alito, assign their clerks to 
     what is called a ``cert. pool'' to review the thousands of 
     petitions for certiorari. The clerk then writes and 
     circulates a summary of the case and its issues suggesting 
     justices' reading of cert. petitions is, at most, limited.
       At a time of this declining caseload, the Supreme Court has 
     left undecided circuit court splits of authority on many 
     important cases such as: 1) The necessity for an agency head 
     to personally assert the deliberative process 
     privilege;iv
       2) Mandatory minimums for use of a gun in drug 
     trafficking;v
       3) Equitable tolling of the Federal Tort Claims Act's 
     statute of limitations period,vi
       4) The standard for deciding whether a Chapter 11 
     bankruptcy may benefit from executory 
     contracts;vii
       5) Construing the honest services provisions of fraud 
     law;viii and
       6) The propriety of a jury consulting the Bible during 
     deliberations.ix

[[Page 16994]]

       One procedural change for the Court to take more of these 
     cases would be to lower the number of justices required for 
     cert. from four to three or perhaps even to two.
       Of perhaps greater significance are the high-profile, major 
     constitutional issues which the court refuses to decide 
     involving executive authority, congressional authority and 
     civil rights. A noteworthy denial of cert. occurred in the 
     Court's refusal to decide the constitutionality of the 
     Terrorist Surveillance Program which brought into sharp 
     conflict Congress' authority under Article I to establish the 
     exclusive basis for wiretaps under the Foreign Intelligence 
     Surveillance Act with the President's authority under Article 
     II as Commander in Chief to order warrantless wiretaps.
       That program operated secretly from shortly after 9/11 
     until a New York Times article in December 2005. In August 
     2006, the United States District Court for the Eastern 
     District of Michigan found the program 
     unconstitutional.x In July 2007, the Sixth Circuit 
     reversed 2-1, finding lack of standing.xi The 
     Supreme Court then denied certiorari.xii
       The dissenting opinion in the Sixth Circuit demonstrated 
     the flexibility of the standing requirement to provide the 
     basis for a decision on the merits. Judge Gilman noted, ``the 
     attorney-plaintiffs in the present case allege that the 
     government is listening in on private person-to-person 
     communications that are not open to the public. These are 
     communications that any reasonable person would understand to 
     be private.''xiii After analyzing the standing 
     inquiry under a recent Supreme Court decision, Judge Gilman 
     would have held that, ``[t]he attorney-plaintiffs have thus 
     identified concrete harms to themselves flowing from their 
     reasonable fear that the TSP will intercept privileged 
     communications between themselves and their 
     clients.''xiv On a matter of such importance, the 
     Supreme Court could at least have granted certiorari and 
     decided that standing was a legitimate basis on which to 
     reject the decision on the merits.
       On June 29, 2009, the Supreme Court refused to consider the 
     case captioned In re Terrorist Attacks on September 11, 
     2001,xv in which the families of the 9/11 victims 
     sought damages from Saudi Arabian princes personally, not as 
     government actors, for financing Muslim charities knowing 
     those funds would be used to carry out Al Qaeda jihads 
     against the United States.xvi The plaintiffs 
     sought an exception to the sovereign immunity specified in 
     the Foreign Sovereign Immunities Act of 1976. Plaintiffs' 
     counsel had developed considerable evidence showing Saudi 
     complicity. Had the case gone forward, discovery proceedings 
     had the prospect of developing additional incriminating 
     evidence.
       My questions are:
       1) Do you agree with the testimony of Chief Justice Roberts 
     at his confirmation hearing that the Court ``could contribute 
     more to clarity and uniformity of the law by taking more 
     cases?''
       2) If confirmed, would you favor reducing the number of 
     justices required to grant petitions for certiorari in 
     circuit split cases from four to three or even two?
       3) If confirmed, would you join the cert. pool or follow 
     the practice of Justices Stevens and Alito in reviewing 
     petitions for cert. with the assistance of your clerks?
       4) Would you have voted to grant certiorari in the case 
     captioned In re Terrorist Attacks on September 11, 2001?
       5) Would you have voted to grant certiorari in A.C.L.U. v. 
     N.S.A.--the case challenging the constitutionality of the 
     Terrorist Surveillance Program?
           Sincerely,
                                                    Arlen Specter.


                                ENDNOTES

       iConfirmation Hearing on the Nomination of John 
     G. Roberts, Jr. to Be Chief Justice of the United States: 
     Hearing Before the S. Comm. on the Judiciary, 109th Cong. 337 
     (2005) (statement of John G. Roberts Jr.).
       iiEdward A. Hartnett, ``Questioning Certiorari: 
     Some Reflections Seventy-Five Years After the Judges' Bill,'' 
     100 Colum. L. Rev. 1643, 1650 (Nov. 2000).
       iiiSee Kenneth W. Starr, The Supreme Court and 
     Its Shrinking Docket: The Ghost of William Howard Taft, 90 
     Minn. L. Rev. 1363, 1368 (May 2006); Supreme Court of the 
     United States, 2008 Year-End Report on the Federal Judiciary, 
     Dec. 31, 2008, available at http://www.supremecourtus.gov/
publicinfo/year-end/2008year-endreport.pdf.
       ivSee Dep't of Energy v. Brett, 659 F.2d 154, 
     156 (Temp. Emer. Ct. App. 1981) (holding that the trial court 
     erred in ruling the deliberative process privilege could only 
     be invoked by an Agency head); Marriott Int'l Resorts, L.P., 
     v. United States, 437 F.3d 1302, 1306-08 (Fed. Cir. 2006) 
     (finding that it was proper for IRS Commissioner to delegate 
     responsibility for invoking deliberative process privilege to 
     Assistant Chief Counsel); Landry v. Fed. Deposit Ins. Corp., 
     204 F.3d 1125, 1135-36 (D.C. Cir. 2000) (commenting that 
     lesser officials can invoke the deliberative process and law 
     enforcement privileges), cert. denied, 531 U.S. 924 (Oct. 10, 
     2000); Branch v. Phillips Petroleum Co., 638 F.2d 873, 882-83 
     (5th Cir. 1981) (commenting that, while United States v. 
     Reynolds, 345 U.S. 1 (1953), indicates that Agency head must 
     invoke, the EEOC sufficiently complied when the director of 
     its Houston office, a subordinate, invoked the privilege on 
     the EEOC's behalf). Contra United States v. O'Neill, 619 F.2d 
     222, 225 (3d Cir. 1980) (rejecting invocation of executive 
     privilege by an attorney rather than the department head).
       vSee United States v. Brown, 449 F.3d 154, 155 
     (D.C. Cir. 2006) (considering increasing progression of 
     penalties in the statute to imply an intent requirement in 
     provision penalizing discharge of a firearm during commission 
     of a crime of violence); United States v. Dare, 425 F.3d 634, 
     641 n. 3 (9th Cir. 2005) (noting that ```discharge' requires 
     only a general intent''). Contra United States v. Dean, 517 
     F.3d 1224, 1230 (11th Cir. 2008) (finding Brown reasoning 
     unpersuasive ``because discharging a firearm, regardless of 
     intent, presents a greater risk of harm than simply 
     brandishing a weapon without discharging it''); United States 
     v. Nava-Sotelo, 354 F.3d 1202, 1204-05 (10th Cir. 2003) 
     (finding the plain language of the statute to require 
     mandatory minimum sentence even if discharge was accidental 
     or involuntary).
       viCompare Gonzalez v. United States, 284 F.3d 
     281, 288 (1st Cir. 2002) (noting that it ``has repeatedly 
     held that compliance with this statutory requirement is a 
     jurisdictional prerequisite to suit that cannot be waived'') 
     (citations omitted) with Valdez ex rel. Donely v. United 
     States, 518 F.3d 173, 185 (2d Cir. 2008) (declining to 
     determine whether to apply equitable tolling to the FTCA 
     statute of limitations); and Hughes v. United States, 263 
     F.3d 272, 277-78 (3d Cir. 2001) (holding that the FTCA's 
     statute of limitations is non-jurisdictional and applying 
     equitable tolling).
       viiCompare N.C.P. Marketing Group, Inc. v. BG 
     Star Productions, Inc., 279 Fed.Appx. 561 (9th Cir. 2008), 
     cert. denied, N.C.P. Marketing Group, Inc. v BG Star 
     Productions, Inc., 129 S.Ct. 1577 (Mar. 23, 2009) (affirming 
     lower court decision, which used ``hypothetical test'' to 
     ``examin[e] whether, hypothetically without looking to the 
     individual facts of the case, any executory contracts could 
     be assumed under applicable federal law,'' N.C.P. Marketing 
     Group, Inc. v. Blanks, 337 B.R. 230, 234 (D. Nev. 2005)); In 
     re James Cable Partners, L.P., 27 F.3d 534, 537-38 (11th Cir. 
     1994) (using ``hypothetical test''); and In re West 
     Electronics, Inc., 852 F.2d 79, 83 (3rd Cir. 1988) (same); 
     with In re Sunterra Corp., 361 F.3d 257, 262 (4th Cir. 2004) 
     (using ``actual test,'' under which ``a court must make a 
     case-by-case inquiry into whether the nondebtor party would 
     be compelled to accept performance from someone other than 
     the party with whom it had originally contracted, and a 
     debtor would not be preclude from assuming a contract unless 
     it actually intended to assign the contract to a third 
     party'' (emphasis in original)).
       viiiCompare United States v. Sorich, 523 F.3d 
     702, 707 (7th Cir. 2008), cert denied Sorich v. United 
     States, 129 S.Ct. 1308 (Feb. 23, 2009) (``[m]isuse of office 
     (more broadly, misuse of position) for private gain is the 
     line that separates run-of-the-mill violations of state-law 
     fiduciary duty . . . from federal crime'' (quoting United 
     States v. Bloom, 459 F.3d 509, 520-21 (7th Cir. 1998); with 
     United States v. Brumley, 116 F.3d 728, 735 (5th Cir. 1997) 
     (concluding that the statute ``applies to deprivations of 
     honest services by state employees and that such services 
     must be owed under state law''); and United States v. 
     Panarella, 277 F.3d 678, 692 (3rd Cir. 2002) (rejecting 
     ``personal gain'' as a requisite motivation of the crime).
       Dissenting in the Sorich cert. denial, Justice Scalia 
     wrote, ``In light of the conflicts among the Circuits; the 
     longstanding confusion over the scope of the statute; and the 
     serious due process and federalism interests affected by the 
     expansion of criminal liability that this case exemplifies, I 
     would grant the petition for certiorari and squarely confront 
     both the meaning and the constitutionality of Sec. 1346. 
     Indeed, it seems to me quite irresponsible to let the current 
     chaos prevail.'' 129 S.Ct. at 1311.
       ixCompare Oliver v. Quarterman, 541 F.3d 329, 
     340 (5th Cir. 2008), cert. denied, Oliver v. Quarterman, 129 
     S.Ct. 1985 (Apr. 20, 2009) (holding that jury consultation of 
     a Bible amounted to an unconstitutional outside influence on 
     its deliberations); and McNair v. Campbell, 416 F.3d 1291, 
     1307-09 (11th Cir. 2005) (noting that the use of a Bible 
     during jury deliberations was presumptively prejudicial but 
     that the state had ``easily carried its burden of rebutting 
     the presumption of prejudice.''); with Robinson v. Polk, 438 
     F.3d 350, 363-65 (4th Cir. 2006) (holding that the lower 
     court did not act unreasonably when it denied a defendant's 
     claim that he was prejudiced by the jury's reading of the 
     Bible during its deliberations, noting, ``Unlike [private 
     communications], which impose pressure upon a juror apart 
     from the juror himself, the reading of Bible passages invites 
     the listener to examine his or her own conscience from 
     within.'').
       xAmerican Civil Liberties Union v. National 
     Security Agency (``A.C.L.U. v. N.S.A.''), 438 F.Supp.2d 754 
     (E.D.Mich. 2006) (Anna Diggs Taylor, J.).
       xiA.C.L.U. v. N.S.A., 493 F.3d 644 (6th Cir. 
     2007).
       xiii 128 S.Ct. 1334 (2008).
       viii493 F.3d at 697.
       xivId.
       xv538 F.3d 71 (2d Cir. 2008).
       xviFederal Ins. Co. v. Kingdom of Saudi Arabia, 
     --S.Ct.--, 2009 WL 1835181 (Jun. 29, 2009).

[[Page 16995]]



                          ____________________




                              HEALTH CARE

  Mr. SPECTER. Mr. President, moving on to a second subject, The New 
York Times today has an analysis of health care which bears directly 
upon the legislation which will soon be considered by the Congress on 
comprehensive health care. The article focuses on prostate cancer, for 
illustrative purposes, to raise the issue that the key factor of 
holding down costs is not being attended to under the current system 
because there are no determinations as to what is affected.
  The article points out that the obvious first step is figuring out 
what actually works. It cites a number of approaches for dealing with 
prostate cancer, varying from a few thousand dollars to $23,000, to 
$50,000 to $100,000. It notes that drug and device makers have no 
reason to finance such trials because insurers now pay for expensive 
treatments, even if they aren't effective. The article notes that the 
selection customarily made is the one which is the most effective.
  I have talked to Senator Baucus and Senator Dodd and have written to 
them concerning my suggestion in this field. I ask unanimous consent 
that the text of the New York Times article be printed in the Record, 
together with my letters to Senator Baucus, Senator Dodd, and Senator 
Kennedy.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From the New York Times, July 8, 2009]

             In Health Reform, a Cancer Offers an Acid Test

                          (By David Leonhardt)

       It's become popular to pick your own personal litmus test 
     for health care reform.
       For some liberals, reform will be a success only if it 
     includes a new government-run insurance plan to compete with 
     private insurers. For many conservatives, a bill must exclude 
     such a public plan. For others, the crucial issue is how much 
     money Congress spends covering the uninsured.
       My litmus test is different. It's the prostate cancer test.
       The prostate cancer test will determine whether President 
     Obama and Congress put together a bill that begins to fix the 
     fundamental problem with our medical system: the combination 
     of soaring costs and mediocre results. If they don't, the 
     medical system will remain deeply troubled, no matter what 
     other improvements they make.
       The legislative process is still in the early stages, and 
     Washington is likely to squeeze some costs out of the medical 
     system. But the signals coming from Capitol Hill are still 
     worrisome, because Congress has not seemed willing to change 
     the basic economics of health care.
       So let's talk about prostate cancer. Right now, men with 
     the most common form--slow-growing, early-stage prostate 
     cancer--can choose from at least five different courses of 
     treatment. The simplest is known as watchful waiting, which 
     means doing nothing unless later tests show the cancer is 
     worsening. More aggressive options include removing the 
     prostate gland or receiving one of several forms of 
     radiation. The latest treatment--proton radiation therapy--
     involves a proton accelerator that can be as big as a 
     football field.
       Some doctors swear by one treatment, others by another. But 
     no one really knows which is best. Rigorous research has been 
     scant. Above all, no serious study has found that the high-
     technology treatments do better at keeping men healthy and 
     alive. Most die of something else before prostate cancer 
     becomes a problem.
       ``No therapy has been shown superior to another,'' an 
     analysis by the RAND Corporation found. Dr. Michael Rawlins, 
     the chairman of a British medical research institute, told 
     me, ``We're not sure how good any of these treatments are.'' 
     When I asked Dr. Danielle Perlroth of Stanford University, 
     who has studied the data, what she would recommend to a 
     family member, she paused. Then she said, ``Watchful 
     waiting.''
       But if the treatments have roughly similar benefits, they 
     have very different prices. Watchful waiting costs just a few 
     thousand dollars, in follow-up doctor visits and tests. 
     Surgery to remove the prostate gland costs about $23,000. A 
     targeted form of radiation, known as I.M.R.T., runs $50,000. 
     Proton radiation therapy often exceeds $100,000.
       And in our current fee-for-service medical system--in which 
     doctors and hospitals are paid for how much care they 
     provide, rather than how well they care for their patients--
     you can probably guess which treatments are becoming more 
     popular: the ones that cost a lot of money.
       Use of I.M.R.T. rose tenfold from 2002 to 2006, according 
     to unpublished RAND data. A new proton treatment center will 
     open Wednesday in Oklahoma City, and others are being planned 
     in Chicago, South Florida and elsewhere. The country is 
     paying at least several billion more dollars for prostate 
     treatment than is medically justified--and the bill is rising 
     rapidly.
       You may never see this bill, but you're paying it. It has 
     raised your health insurance premiums and left your employer 
     with less money to give you a decent raise. The cost of 
     prostate cancer care is one small reason that some companies 
     have stopped offering health insurance. It is also one reason 
     that medical costs are on a pace to make the federal 
     government insolvent.
       These costs are the single most important thing to keep in 
     mind during the health care debate. Making sure that everyone 
     has insurance, important as that is, will not solve the cost 
     problem. Neither will a new public insurance plan. We already 
     have a big public plan, Medicare, and it has not altered the 
     economics of prostate care.
       The first step to passing the prostate cancer test is 
     laying the groundwork to figure out what actually works. 
     Incredibly, the only recent randomized trial comparing 
     treatments is a 2005 study from Sweden. (It suggested that 
     removing the prostate might benefit men under 65, which is 
     consistent with the sensible notion that younger men are 
     better candidates for some aggressive treatments.)
       ``There is no reason in the world we have to be this 
     uncertain about the relative risks and benefits,'' says Dr. 
     Sean Tunis, a former chief medical officer of Medicare.
       Drug and device makers have no reason to finance such 
     trials, because insurers now pay for expensive treatments 
     even if they aren't more effective. So the job has to fall to 
     the government--which, after all, is the country's largest 
     health insurer.
       Obama administration officials understand this, and the 
     stimulus bill included money for such research. But stimulus 
     is temporary. The current House version of the health bill 
     does not provide enough long-term financing.
       The next step involves giving more solid information to 
     patients. A fascinating series of pilot programs, including 
     for prostate cancer, has shown that when patients have 
     clinical information about treatments, they often choose a 
     less invasive one. Some come to see that the risks and side 
     effects of more invasive care are not worth the small--or 
     nonexistent--benefits. ``We want the thing that makes us 
     better,'' says Dr. Peter B. Bach, a pulmonary specialist at 
     Memorial Sloan-Kettering Cancer Center, ``not the thing that 
     is niftier.''
       The current Senate bill would encourage doctors to give 
     patients more information. But that won't be nearly enough to 
     begin solving the cost problem.
       To do that, health care reform will have to start to change 
     the incentives in the medical system. We'll have to start 
     paying for quality, not volume.
       On this score, health care economists tell me that they are 
     troubled by Congress's early work. They are hoping that the 
     Senate Finance Committee will soon release a bill that does 
     better. But as Ron Wyden, an Oregon Democrat on the 
     committee, says, ``There has not been adequate attention to 
     changing the incentives that drive behavior.'' One big reason 
     is that the health care industry is lobbying hard for the 
     status quo.
       Plenty of good alternatives exist. Hospitals can be 
     financially punished for making costly errors. Consumers can 
     be given more choice of insurers, creating an incentive for 
     them to sign up for a plan that doesn't cover wasteful care. 
     Doctors can be paid a set fee for some conditions, adequate 
     to cover the least expensive most effective treatment. (This 
     is similar to what happens in other countries, where doctors 
     are on salary rather than paid piecemeal--and medical care is 
     much less expensive.)
       Even if Congress did all this, we would still face tough 
     decisions. Imagine if further prostate research showed that a 
     $50,000 dose of targeted radiation did not extend life but 
     did bring fewer side effects, like diarrhea, than other forms 
     of radiation. Should Medicare spend billions to pay for 
     targeted radiation? Or should it help prostate patients 
     manage their diarrhea and then spend the billions on other 
     kinds of care?
       The answer isn't obvious. But this much is: The current 
     health care system is hard-wired to be bloated and 
     inefficient. Doesn't that seem like a problem that a once-in-
     a-generation effort to reform health care should address?
                                  ____



                                                  U.S. Senate,

                                    Washington, DC, June 17, 2009.
     Hon. Max Baucus,
     Chairman, Senate Finance Committee, Washington, DC.
       Dear Max: I write to call to your personal attention 
     provisions on bio-medical research which, in my judgment, are 
     critical--arguably indispensable--for inclusion in 
     comprehensive health care reform legislation.
       I urge that authorization for the National Institutes of 
     Health be set at a new baseline of $40 billion, reflecting 
     the current $30 billion level plus the $10 billion from the 
     stimulus package. The Administration's current request of 
     $443 million is totally insufficient since at least $1 
     billion is necessary to keep up with inflation and additional 
     funding is necessary to maintain an appropriate level for 
     more innovative research grants.

[[Page 16996]]

       When the appropriations for NIH, spearheaded by Senator 
     Harkin and myself, were increased by $3 to $3.5 billion each 
     year, there was a dramatic decrease in deaths attributable to 
     many maladies. Since reform legislation has as two principal 
     objectives, improving the quality of health care and reducing 
     costs, the best way to reach those objectives is through 
     increasing funding for bio-medical research at NIH.
       The second item which I urge for inclusion in comprehensive 
     health reform legislation is specified in S. 914, the Cures 
     Acceleration Network Act which I introduced on April 28, 
     2009. That bill would help our nation's medical research 
     community bridge what practitioners call the ``valley of 
     death'' between discoveries in basic science and new 
     effective treatments and cures for the diseases. This 
     translational medical research will accelerate medical 
     progress at the patient's bedside and maximize the return on 
     the substantial investments being made on bio-medical 
     research.
       I look forward to working with you on these proposals as 
     well as other facets of comprehensive health care reform.
       I am sending an identical letter to Senator Kennedy.
           Sincerely,
     Arlen Specter.
                                  ____



                                                  U.S. Senate,

                                     Washington, DC, July 8, 2009.
     Hon. Christopher J. Dodd,
     U.S. Senate,
     Washington, DC.
       Dear Chris: Before the 4th of July recess, I mentioned to 
     you on the Senate floor my strong interest in including a $40 
     billion annual base for NIH and my proposed Cures Accelerated 
     Network Act (S.914) in the comprehensive health care reform 
     legislation.
       I am enclosing a copy of a letter which I sent to Chairman 
     Kennedy on June 17, 2009 which spells out in some detail my 
     proposals.
       Thanks very much for your consideration of this request.
       My best.
           Sincerely,
     Arlen Specter.
                                  ____



                                                  U.S. Senate,

                                    Washington, DC, June 17, 2009.
     Hon. Edward M. Kennedy,
     Chairman, Committee on Health, Education, Labor and Pension, 
         Washington, DC.
       Dear Ted: I write to call to your personal attention 
     provisions on bio-medical research which, in my judgment, are 
     critical--arguably indispensable--for inclusion in 
     comprehensive health care reform legislation.
       I urge that authorization for the National Institutes of 
     Health be set at a new baseline of $40 billion, reflecting 
     the current $30 billion level plus the $10 billion from the 
     stimulus package. The Administration's current request of 
     $443 million is totally insufficient since at least $1 
     billion is necessary to keep up with inflation and additional 
     funding is necessary to maintain an appropriate level for 
     more innovative research grants.
       When the appropriations for NIH, spearheaded by Senator 
     Harkin and myself, were increased by $3 to $3.5 billion each 
     year, there was a dramatic decrease in deaths attributable to 
     many maladies. Since reform legislation has as two principal 
     objectives, improving the quality of health care and reducing 
     costs, the best way to reach those objectives is through 
     increasing funding for bio-medical research at NIH.
       The second item which I urge for inclusion in comprehensive 
     health reform legislation is specified in S.914, the Cures 
     Acceleration Network Act which I introduced on April 28, 
     2009. That bill would help our nation's medical research 
     community bridge what practitioners call the ``valley of 
     death'' between discoveries in basic science and new 
     effective treatments and cures for the diseases. This 
     translational medical research will accelerate medical 
     progress at the patient's bedside and maximize the return on 
     the substantial investments being made on bio-medical 
     research.
       I look forward to working with you on these proposals as 
     well as other facets of comprehensive health care reform.
       I am sending an identical letter to Senator Baucus.
           Sincerely,
                                                    Arlen Specter.

  Mr. SPECTER. Mr. President, it is my view that this is a critical and 
arguably indispensable item to be taken up in this comprehensive health 
care reform--and certainly weighs heavily on my mind--and that is to 
fund the National Institutes of Health at the $30 billion currently as 
the base, plus the $10 billion in the stimulus package, for a base of 
$40 billion. The results from medical research have been phenomenal, 
with decreases in fatality to stroke, breast cancer, and many other of 
the health maladies. Then, to combine that with legislation which I 
have introduced, S. 914, the Cures Acceleration Network, which 
addresses the issue taken up by The New York Times, and that is to make 
a determination of what actually works.
  There has been identified a so-called ``valley of death'' between the 
bench and clinical research and the bedside and application of the 
research. The pharmaceutical companies do not take up this issue 
because of the cost. This is something which ought to be taken up by 
the Federal Government as the dominant funder for the National 
Institutes of Health. So should the comprehensive health care include 
this issue to address, in a meaningful way, the very high costs of 
medical care? Certainly, if the tests make a determination that the 
less-expensive items are the ones which ought to be followed, that 
could meet the Federal standard and that could prevail.

                          ____________________




                     HOLOCAUST LOOTED ART RETRIEVAL

  Mr. SPECTER. Mr. President, moving to yet another subject, there is a 
major miscarriage of justice currently being perpetrated on the victims 
of the Holocaust and their survivors. The Washington Post, 2 weeks ago 
Sunday, on June 28, pointed out that Holocaust survivors and their 
heirs are battling museums and governments for the return of thousands 
of pieces of looted art, despite pledges made by dozens of countries 
and Washington a decade ago to resolve the claims.
  At a major conference underway in Prague, delegates from 49 countries 
acknowledged that Jews continue to be stymied in their efforts to 
reclaim art that was stolen by the Nazis and later transferred to 
museums and galleries around the world, especially in Europe. An 
estimated 100,000 artworks, from invaluable masterpieces to items of 
mostly sentimental value, remain lost or beyond legal research of their 
victimized owners and descendants.
  Stuart Eizenstat, head of the U.S. delegation to the conference said:

       This is one of our last chances to inject a new sense of 
     justice into this issue before it's too late for Holocaust 
     victims.

  The article goes on to point out that:

       In December 1998, after many world-famous museums were 
     found to have Nazi-tainted art in their collections, 
     representatives from 44 countries met in Washington and 
     endorsed guidelines for investigating claims of stolen items 
     and returning them to their rightful owners.

  Notwithstanding that international determination, the program has not 
been carried out.
  The article goes on to cite the case involving Mr. Michael Klepetar, 
a real estate project manager from Prague, who has been trying for 9 
years to persuade the Czech National Gallery to relinquish 43 paintings 
that once belonged to his great uncle, Richard Popper, a prominent 
collector who was deported to Poland and perished in the Jewish ghetto 
in the city of Lodz. Popper's wife and daughter also died in the Nazi 
camps. The National Gallery in Czechoslovakia has refused to part with 
the paintings, citing a law adopted in 2000 by the Czech Government 
that entitles only Holocaust victims or their ``direct descendants'' to 
file claims for the property. The Ministry of Culture in Czechoslovakia 
has classified 13 of the looted artworks as ``cultural treasures,'' a 
designation that prevents them from being taken out of the country.
  Mr. Klepetar went on to point out the salient underlying factor:

       This country--

  Referring to Czechoslovakia--

     like most of the region, has always been anti-semitic through 
     the centuries. The only difference now is that it's not 
     politically correct. That's the root of the whole problem.

  I am writing today to Secretary of State Clinton asking her to use 
the persuasive power of the Department of State to rectify this 
problem. I am also writing to the State Department legal counselor, 
inquiring about what enforcement action might be taken in international 
legal tribunals to rectify this situation.
  I ask unanimous consent that a copy of the Post article, and the 
copies of my letters to Secretary Clinton and the State Department 
legal adviser be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page 16997]]



               [From the Washington Post, June 28, 2009]

     Jews Remain Stymied in Efforts To Reclaim Art Looted by Nazis

                          (By Craig Whitlock)

       Holocaust survivors and their heirs are still battling 
     museums and governments for the return of thousands of pieces 
     of looted art, despite pledges made by dozens of countries in 
     Washington a decade ago to resolve the claims.
       At a major conference underway here in Prague, delegates 
     from 49 countries acknowledged that Jews continue to be 
     stymied in their efforts to reclaim art that was stolen by 
     the Nazis and later transferred to museums and galleries 
     around the world, especially in Europe. An estimated 100,000 
     artworks, from invaluable masterpieces to items of mostly 
     sentimental value, remain lost or beyond legal reach of their 
     victimized owners and descendants.
       ``This is one of our last chances to inject a new sense of 
     justice into this issue before it's too late for Holocaust 
     victims,'' said Stuart Eizenstat, head of the U.S. delegation 
     to the conference and a former ambassador and deputy Treasury 
     secretary during the Clinton administration.
       The Holocaust Era Assets Conference, hosted by the Czech 
     Republic, is an attempt to revive a global campaign that 
     began 11 years ago to track down long-lost art collections 
     that were confiscated or acquired under dubious circumstances 
     during the Holocaust.
       In December 1998, after many world-famous museums were 
     found to have Nazi-tainted art in their collections, 
     representatives from 44 countries met in Washington and 
     endorsed guidelines for investigating claims of stolen items 
     and returning them to their rightful owners.
       The guidelines, known in the art world as the Washington 
     Principles, have eased the return of looted art in many 
     cases. Despite their endorsement by most European countries 
     and the United States, however, the guidelines are legally 
     nonbinding. They are also often ignored in practice by 
     museums and governments that profess in public to abide by 
     them, according to art experts.
       Michel Klepetar, a real-estate project manager from Prague, 
     has been trying for nine years to persuade the Czech National 
     Gallery to relinquish 43 paintings that once belonged to his 
     great-uncle, Richard Popper, a prominent collector who was 
     deported to Poland and perished in the Jewish ghetto in the 
     city of Lodz.
       Popper's wife and daughter also died in Nazi camps. 
     Klepetar, 62, and his brother are their closest living 
     relatives. But the National Gallery has refused to part with 
     the paintings, citing a law adopted in 2000 by the Czech 
     government that entitles only Holocaust victims or their 
     ``direct descendants'' to file claims for stolen property.
       In an interview, Klepetar argued that the Czech law was 
     unconstitutional, unethical and particularly unfair to Jews. 
     An estimated 6 million Jews were killed in the Holocaust; 
     many families were survived only by distant relatives.
       ``This country, like most of the region, had always been 
     anti-Semitic through the centuries,'' he said. ``The only 
     difference now is that it's not politically correct. That's 
     the root of the whole problem.''
       Klepetar's great-uncle had amassed a collection of 127 
     artworks--mostly Flemish and Dutch paintings from the 17th 
     and 18th centuries--which vanished after the war. In 2000, 
     however, Klepetar said someone leaked him part of a 
     confidential Czech government report on looted art that 
     indicated 43 of the paintings had been in the National 
     Gallery's possession since the early 1950s.
       The National Gallery later acknowledged it had the 
     paintings but refused to divulge any details, such as how 
     they were acquired, their condition or their precise 
     location. Klepetar has pressed his claim in the Czech courts 
     for several years but has lost repeatedly because he is not 
     considered a direct descendant under the law.
       Tomas Jelinek, vice president of the Czech Committee for 
     Nazi Victims, said the government's decision to pass the 2000 
     law that limits who can file claims for Holocaust assets was 
     designed to protect public galleries and government 
     institutions.
       ``You have all these people in charge of the museums, and 
     they don't want to lose their assets,'' he said. ``There are 
     always people who say, `Why should we give these valuable 
     objects from our collections away?'''
       Tomas Wiesner, director of galleries and museums for the 
     Czech Ministry of Culture, did not respond to requests for 
     comment.
       Art experts credited the Czech government with taking steps 
     to make it easier to find and return looted art. In 2001, for 
     instance, it established the Documentation Center for 
     Property Transfers of Cultural Assets of World War II 
     Victims, which maintains a public online database of artworks 
     in Czech museums that once may have been owned by Holocaust 
     victims.
       The database, however, offers limited information and is 
     hampered by spotty recordkeeping. For example, it lists only 
     eight of the 43 paintings in the National Gallery that were 
     part of Klepetar's family collection, even though the museum 
     has acknowledged it has the others as well.
       The Documentation Center also does not publish statistics 
     on how many claims have been filed on behalf of Holocaust 
     victims, or how many artworks have been returned. Helena 
     Krajcova, director of the center and co-chair of the looted-
     art panel for the Holocaust Era Assets Conference, did not 
     respond to requests for an interview.
       Czech officials have sometimes taken extraordinary legal 
     measures to prevent the return of looted art.
       In December, the American heirs of Emil Freund, a Prague 
     lawyer and collector who was killed during the Holocaust, 
     reacquired 32 paintings and drawings that had been in the 
     custody of the National Gallery for decades. But the Ministry 
     of Culture classified 13 of the looted artworks as cultural 
     treasures, a designation that prevents them from being taken 
     out of the country.
       Michaela Sidenberg, curator for visual art at the Jewish 
     Museum in Prague, a private institution, said Holocaust 
     survivors and their families are repeatedly stonewalled in 
     the Czech Republic, despite official policy to make it simple 
     for them to file claims for artwork taken by the Nazis.
       ``It's like a hot potato being thrown around,'' she said. 
     ``The claimants are kicked around from one bureaucracy to 
     another. Everybody is just looking for some alibi and to 
     avoid taking responsibility.''
       Asked about such criticism, Stefan Fule, the Czech 
     Republic's minister for European Union affairs, said his 
     government's hosting of the conference on Holocaust-era 
     assets demonstrates its dedication to resolving such claims 
     fairly.
       ``These are serious questions that need to be seriously 
     addressed,'' he said at a news briefing Friday. He declined 
     to say, however, whether the Czech government would consider 
     changing its laws so that distant relatives would be allowed 
     to inherit property stolen by the Nazis.
       In the meantime, Klepetar said he will keep pressing his 
     case for the return of his great-uncle's collection, even 
     though he predicted that there was ``almost zero'' chance 
     that the Czech government would change its laws or policies.
       ``No, no, I'm not going to give up,'' he said. ``It's the 
     principle. Like they say, a Jew should never let anyone 
     [defecate] on his head. And you can quote that.''
                                  ____



                                                  U.S. Senate,

                                     Washington, DC, July 8, 2009.
     Hon. Harold Koh
     Legal Adviser, U.S. Department of State, Washington, DC.
       Dear Dean Koh: With this letter, I am enclosing a copy of a 
     letter I am sending today to Secretary of State Clinton.
       I would appreciate it if you would review this situation to 
     determine if there is any legal action which could be brought 
     in international court to obtain the return of this artwork.
       I am delighted to see you at work on your new job after a 
     hard-fought confirmation battle.
       My best.
           Sincerely,
     Arlen Specter.
                                  ____



                                                  U.S. Senate,

                                     Washington, DC, July 8, 2009.
     Hon. Hillary Rodham Clinton,
     Secretary of State, Department of State, Washington, DC.
       Dear Hillary: I write to call to your personal attention a 
     gross miscarriage of justice which is being perpetuated on 
     victims and survivors of Holocaust victims who are being 
     deprived of their rights to reacquire works of art illegally 
     confiscated by the Nazis.
       The situation is succinctly set forth in an article in the 
     Washington Post on June 28, 2009:
       ``Holocaust survivors and their heirs are battling museums 
     and governments for the return of thousands of pieces of 
     looted art, despite pledges made by dozens of countries in 
     Washington a decade ago to resolve the claims. At a major 
     conference underway in Prague, delegates from 49 countries 
     acknowledged that Jews continue to be stymied in their 
     efforts to reclaim art that was stolen by the Nazis and later 
     transferred to museums and galleries around the world, 
     especially in Europe. An estimated 100,000 artworks from 
     invaluable masterpieces to items of mostly sentimental value 
     remain lost or beyond legal reach of their victimized owners 
     and descendants.''
       Ambassador Stuart Eizenstat, head of the U.S. delegation to 
     the Conference, said:
       ``This is one of our last chances to inject a new sense of 
     justice into this issue before it's too late for Holocaust 
     victims.''
       The article further specifies the unsuccessful efforts of 
     individuals to reclaim these works of art. One of those 
     individuals, Mr. Michael Klepetar, focuses on the underlying 
     reason:
       ``This country, like most of the region, had always been 
     anti-Semitic through the centuries. The only difference now 
     is that it's not politically correct. That's the root of the 
     whole problem.''
       The Czech Ministry of Culture classified 13 of the looted 
     artworks as cultural treasures, a designation that prevents 
     them from being taken out of the country. The Czech National 
     Gallery has refused to turn over these works of art citing a 
     2000 statute adopted by

[[Page 16998]]

     the Czech government which entitles only Holocaust victims or 
     their ``direct descendants'' to file claims for the property.
       I request that you review this situation with a view to 
     bring whatever diplomatic pressure is possible in 
     Czechoslovakia and elsewhere to see to it that these works of 
     art are returned to the Holocaust victims or their survivors. 
     I am writing to Secretary of State Legal Adviser Harold Koh 
     asking him to determine if there is any way to initiate legal 
     proceedings in an international court to reclaim these works 
     of art in Czechoslovakia and elsewhere.
       For your review, I am enclosing the full text of the 
     Washington Post article.
       My best.
           Sincerely,
     Arlen Specter.

                          ____________________




                 UNANIMOUS-CONSENT AGREEMENT--H.R. 2892

  Mr. SPECTER. Mr. President, I have been asked by the leader to 
propound a unanimous consent request as follows: That the order of July 
7 be modified to provide that after the Senate resumes H.R. 2892, the 
time until 10:55 a.m. be for debate with respect to the Sessions 
amendment No. 1371 and all other provisions of the July 7 order remain 
in effect.
  The PRESIDING OFFICER (Mr. Bennet). Is there objection?
  Without objection, it is so ordered.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The PRESIDING OFFICER. Morning business is closed.

                          ____________________




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of H.R. 2892, which the clerk will report.
  The bill clerk read as follows:

       A bill (H.R. 2892) making appropriations for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2010, and for other purposes.

  Pending:

       Reid (for Byrd-Inouye) amendment No. 1373, in the nature of 
     a substitute.
       Sessions amendment No. 1371 (to amendment No. 1373), to 
     make the pilot program for employment eligibility 
     confirmation for aliens permanent and to improve verification 
     of immigration status of employees.
       DeMint amendment No. 1399 (to amendment No. 1373), to 
     require the completion of at least 700 miles of reinforced 
     fencing along the southwest border by December 31, 2010.
       Feingold amendment No. 1402 (to amendment No. 1373), to 
     require grants for Emergency Operations Centers and financial 
     assistance for the predisaster mitigation program to be 
     awarded without regard to earmarks.

  The PRESIDING OFFICER. The Senator from South Carolina is recognized.


                           Amendment No. 1399

  Mr. DeMINT. Mr. President, I wish to speak briefly about an amendment 
that will be up second, I believe, this morning. It is about our 
southern border in this United States.
  I think we have made some propositions to the American people to 
secure our southern border. We have passed laws that are currently not 
being followed, and I think we see the result of that in Mexico as well 
as in the United States. Our southern border has become a battleground. 
It is a place not only where illegal immigrants and workers come into 
our country, but drug trafficking and weapons trafficking are real 
security issues. We are destabilizing Mexico with all that is going on 
because we refuse to carry out our promise to the American people to 
secure that border. We cannot have security in the United States unless 
we have a secure border.
  We passed a law that says we have to have 700 miles of reinforced, 
double-layer fencing along the southern border of the United States. Of 
the 700 miles, 370 miles were required to be built by December 31 of 
last year, and we have not met that requirement.
  In fact, there are only 330 miles of the single-layered fencing and 
only 34 miles of the double-layered fencing that was required by law to 
be built.
  So far they claim 661 miles of fencing are completed, but that 
includes both vehicle barriers and single-layered fencing.
  They continue to speak of virtual fencing, which is basically just 
detectors if someone is going across. All the evidence is that doesn't 
work well, if at all.
  The point of my amendment is to keep our promise to the American 
people. Let's move ahead with securing the border. I don't like a 
fence. I don't like the way a fence looks. But in this world today, 
where we are threatened in many ways, it is critically important that 
we are able to determine who comes and goes and what comes and goes on 
the borders of the United States.
  My amendment does two things. It requires that 700 miles of physical 
pedestrian fencing be completed, and it sets a deadline of December 31, 
2010. We can do this if we just make that commitment and fund it in 
this bill.
  A physical fence is effective, compared to the untested hundreds of 
millions of dollars of virtual fencing they are trying to substitute, 
even though we passed a law that says we need to secure the borders.
  I remind my colleagues we made a promise to the American people. We 
passed a law. This country is based on the rule of law, and we need to 
follow it in the Congress. We need to fund this and set a deadline so 
this promise will be fulfilled.
  I encourage all my colleagues to vote for the DeMint amendment this 
morning. I yield the floor.
  The PRESIDING OFFICER. The Senator from Alabama is recognized.


                           Amendment No. 1371

  Mr. SESSIONS. Mr. President, recently the Bureau of Labor Statistics 
reported that the unemployment rate in June of this year had jumped to 
9.5 percent; 467,000 jobs were lost in June alone. This is the highest 
unemployment rate in 25 years.
  The Congress passed, earlier this year, a stimulus bill. The purpose 
of it was to create jobs and reduce unemployment. We were told if we 
pass that bill, unemployment would top out at 8.4 percent. Well, it 
just hit 9.5 percent. A report released by the Heritage Foundation and 
the Center for Immigration studies has estimated that 15 percent of the 
construction jobs created by the Senate stimulus bill would go to 
illegal immigrants--about 300,000 jobs.
  The question is, is there anything we can do about it? The answer is 
yes. We have an E-Verify system where employers voluntarily, all over 
the country, are using a computer verification system to determine 
whether the job applicant who appears before them is here legally and 
entitled to work. The Federal Government uses that same system for 
every employee it hires, but we did not require that for employers who 
get government contracts under the stimulus package. Contractors who 
get money under the stimulus package are not required to use E-Verify.
  The system is pretty successful. It is not foolproof, but Secretary 
Napolitano of Homeland Security recently said:

       The administration strongly supports E-Verify as a 
     cornerstone of worksite enforcement and will work to 
     continually improve the program to ensure it is the best tool 
     available to deter the hiring of persons not authorized to 
     work in the United States.

  That was a good statement from Homeland Security. But the reality is 
that President Bush's Executive order that was to take place in 
January, which would have required all government contractors to use E-
Verify, has been pushed back four times. So that is why I offered this 
legislation.
  It is perfectly appropriate for Congress to pass legislation to 
require this. I have been advised today, though, of some good news. 
Secretary Napolitano apparently will issue a statement later today 
saying that after three or four extensions and putting off the E-Verify 
mandate for government contractors she will issue that order. So that 
is good news.
  What would my amendment do? No. 1, it would make that not just a 
Presidential policy subject to delay or implementation or withdrawal 
whenever they wanted; it would make it a permanent rule that people who 
have contracts with the government would have to use the E-Verify 
system. Instead of a 3-year extension of the E-Verify system, as 
provided for in this bill, it would go on and make it permanent. It

[[Page 16999]]

is a cornerstone today of a system that will work to a considerable 
degree to reduce the number of illegal workers who are getting jobs--
taking jobs from American workers at this particularly difficult time. 
I think it is a good step. I am glad the Secretary is moving forward 
finally on making that a reality.
  I hope my colleagues will step forward now and let's make this a 
permanent system. It is certainly contemplated to be permanent. But for 
odd reasons, to me, there seems to be a reluctance to make it so. The 
system is up and running. It can handle millions more than the millions 
it is already handling today. It is designed for a much larger use. It 
will make a difference, and it will identify quite a number of people 
who are here illegally seeking to work. In fact, I think the system 
should be made to apply to all businesses in America. I believe we can 
do that and should move in that direction. But the first step, it seems 
to me, would be to say if we are going to create a stimulus package, if 
this government is going to give contracts to private contractors who 
do work for the government, they ought to at least ask them to verify 
whether the person is legally in the country.
  Yes, there are some good things additionally that need to be done, 
such as a biometric identification system, which Senator Schumer 
referred to last night. I would heartily support that, but I believe 
this is the initial step that ought to be taken. The system should be 
made permanent and the requirement that contractors of the government 
should be a part of our law today.
  I urge my colleagues to vote for it. I think it would be consistent 
with the stated policies of the Obama administration and consistent 
with what the Senate has been working on for some time. I am baffled 
that Members would not support it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Nebraska is recognized.


                 Unanimous Consent Request--S. Res. 175

  Mr. NELSON of Nebraska. Mr. President, I ask unanimous consent that 
the Banking Committee be discharged from further consideration of S. 
Res. 175; that the Senate proceed to its immediate consideration; 
further, that an amendment to the resolution, which is at the desk, be 
agreed to; the resolution, as amended, be agreed to; that an amendment 
to the preamble, which is at the desk, be agreed to; the preamble, as 
amended, be agreed to; finally, that a title amendment, which is at the 
desk, be agreed to, and the motions to reconsider be laid upon the 
table, with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. SESSIONS. Mr. President, on behalf of several Senators, I object 
to the distinguished Senator's request. I respect him, but there is an 
objection on this side.
  The PRESIDING OFFICER. Objection is heard.
  Mr. NELSON of Nebraska. I thank the Chair.
  The PRESIDING OFFICER. The Senator from New York is recognized.
  Mr. SCHUMER. Mr. President, today, I rise asking my colleagues to 
table the pending amendment filed by my distinguished colleague from 
Alabama to the Department of Homeland Security appropriations bill.
  His amendment would both make E-Verify permanent and would 
immediately mandate all Federal contractors and subcontractors to use 
E-Verify.
  First, I have good news for my colleagues and good news for my 
colleague from Alabama. The Department of Homeland Security has just 
taken action--they were planning to do it before. It is coincidental 
but fortuitous that it occurs right now. It addresses a good part of 
the issue that my colleague from Alabama has raised.
  Today, the Department of Homeland Security has issued a statement 
indicating ``the administration's support for a regulation that will 
award Federal contracts only to employers who use E-Verify to check 
employee work authorization.''
  As we all know, E-Verify is a voluntary system, not a mandatory 
system. For Federal contractors, it will be mandatory, which is half 
and the most operative part of my colleagues' amendment.
  The administration's Federal contractor rule extends use of the E-
Verify system to covered Federal contractors and subcontractors, 
including those who receive American Recovery and Reinvestment Act 
funds. The administration will push ahead with full implementation of 
the rule, which will apply to Federal solicitation and contract awards 
starting on September 8, 2009--within a couple months.
  Accordingly, I believe Senator Sessions' amendment is moot so far as 
it applies to Federal contractors and doesn't need to be approved by us 
in order for E-Verify to apply in this context.
  He has another part of the amendment, which is to make E-Verify 
permanent. I remind my colleagues that E-Verify is in effect for the 
next 3 years. Making it permanent will extend to the outyears, but as 
chair of the immigration subcommittee, and with the support of Chairman 
Leahy, I have been investigating this issue.
  I say to my colleagues that I don't think we want to make E-Verify 
permanent because it is not tough enough or strong enough. There is a 
gaping loophole in E-Verify. It is the best we have now. We should use 
it for Federal contractors. I support that. But there is a big 
loophole.
  Let's say an illegal immigrant wants to say they are John Jones from 
Syracuse, and they know John Jones's Social Security number. They can 
easily get a fake ID that has John Jones's address on it, and they can 
submit it into the system, and nothing in E-Verify will stop that 
illegal immigrant from getting a job. Once they are in the system, they 
are approved time after time.
  What is more, nothing about E-Verify stops a citizen from loaning 
their identity to friends and family so they can get a job. We need a 
biometric system, with a picture and a biometric identifier. That is 
the only way we will stop illegal immigration. E-Verify doesn't do it.
  I assure my colleagues on our subcommittee on immigration, under 
Chairman Leahy's leadership as chairman of the full committee, we are 
investigating a biometric system which will once and for all stop 
future illegal immigration. To make this system permanent, when there 
is a better system in the offing, is premature.
  I urge that the amendment be tabled. The first part has been adopted, 
and the second part to make it permanent, when we already have it for 3 
years, is wrong when we can do better 3 years from now.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent if I might have 
30 seconds before the vote to make a request?
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. SESSIONS. Mr. President, first, if I may respond to Senator 
Schumer, it is my understanding that Secretary Napolitano's executive 
order will be different than the Executive order the Bush 
administration had, finally, after some delay, approved in that it 
would say that a government contractor would not have to check the 
employment history of employees working for them through the E-Verify 
system--their validity--but only new hires they bring on, which is 
quite a different thing.
  I am aware of a businessman in Alabama who has had highway-type work 
with good employees for many years--decades. He told me he is not now 
able to compete and is losing contract after contract because his 
competitor is using illegal labor. This is not an iddy-biddy matter; it 
is real. I hope I am incorrect about what I understand the Secretary's 
decision to be. If I am correct, I don't think the proposal is what it 
should be, and it will still be insufficient.
  Mr. SCHUMER. Mr. President, I ask unanimous consent to respond for 1 
minute, with the permission of both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from New York is recognized.

[[Page 17000]]


  Mr. SCHUMER. Mr. President, the Senator, my friend from Alabama, and 
I, in one sense, think alike on this issue--stopping future flow of 
illegal immigration. But he is right in that the order does not require 
them to check back with previous employers. That is not how E-verify 
works. They are not capable of doing it.
  Obviously, we might want to set up 1,000, 5,000, 10,000 people and 
get them to start checking on previous employment, but that is not how 
E-verify works. It is one of the loopholes in the system. To say the 
administration is not doing it, that is true, but neither does E-verify 
require that. It probably should. But if we have a biometric, if we 
have a picture, it will be a lot better and we will not need it.
  The Senator is sort of right and sort of wrong but always good-
hearted.
  The PRESIDING OFFICER. The Senator from Tennessee.


                   Unanimous Consent Request--S. 1198

  Mr. ALEXANDER. Mr. President, I thank the Senator from Washington. I 
am here because the Senator from Nebraska made a request to bring up a 
resolution of his a little while ago and an objection was made on my 
behalf. Out of courtesy to him, I want to explain.
  The reason is that Senator Bennett and I, indeed, other Senators, 
have legislation that would give the government stock in General Motors 
and Chrysler back to the taxpayers who paid for it on April 15. We 
prefer that rather than do an expression, a sentiment, which is what 
the Senator from Nebraska offered.
  We are prepared to bring our amendment up and to debate his and to 
vote on his. There are other Senators here with similar amendments. We 
simply want to make sure they are all considered at once.
  So I ask unanimous consent that the Banking Committee be discharged 
from further consideration of S. 1198, the Auto Stock Every Taxpayer 
Act, which would give all the government stock in General Motors to the 
taxpayers who paid for it; that the Senate proceed to its immediate 
consideration, the bill be read for a third time and passed, and the 
motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Mr. NELSON of Nebraska. I object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Nebraska.
  Mr. NELSON of Nebraska. Mr. President, if I might have a second to 
respond, I think this is something the good Senator from Tennessee and 
I might be able to work out. But until we have the details worked out 
as to how this would be considered in both cases, I object.
  The PRESIDING OFFICER. The Senator from New York.


                           Amendment No. 1371

  Mr. SCHUMER. Mr. President, I move to table the amendment of the 
Senator from Alabama and ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. 
Byrd), the Senator from Iowa (Mr. Harkin), and the Senator from 
Massachusetts (Mr. Kennedy) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 44, nays 53, as follows:

                      [Rollcall Vote No. 219 Leg.]

                                YEAS--44

     Akaka
     Bayh
     Begich
     Bennet
     Bingaman
     Boxer
     Brown
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Dodd
     Durbin
     Feingold
     Feinstein
     Franken
     Gillibrand
     Inouye
     Johnson
     Kaufman
     Kerry
     Kohl
     Lautenberg
     Leahy
     Levin
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Sanders
     Schumer
     Shaheen
     Specter
     Stabenow
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--53

     Alexander
     Barrasso
     Baucus
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dorgan
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hagan
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Klobuchar
     Kyl
     Landrieu
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Murkowski
     Nelson (NE)
     Pryor
     Risch
     Roberts
     Rockefeller
     Sessions
     Shelby
     Snowe
     Tester
     Thune
     Vitter
     Voinovich
     Wicker

                             NOT VOTING--3

     Byrd
     Harkin
     Kennedy
  The motion was rejected.


                Amendment No. 1407 to Amendment No. 1371

  Mr. LEAHY. Mr. President, I call up amendment No. 1407 as a second-
degree amendment to the amendment that has been proposed by Mr. 
Sessions.
  The PRESIDING OFFICER. Is there objection?
  Mr. SESSIONS. Reserving the right to object, I am not familiar with 
the amendment.
  Mr. LEAHY. Mr. President, I believe I have the right to offer the 
second degree; do I not?
  While we are determining that, let me explain what this does. It 
would create a permanent EB-5 immigrant investor regional center 
program. This is a program that has generated billions of dollars of 
capital investment in American communities. It has created thousands of 
domestic jobs.
  There are 24 of these centers now around the country. I mention to 
the Senator from Alabama that Alabama has a strong track record with it 
statewide. The problem we have had in the past is we keep reauthorizing 
for just a few months at a time, and people in this economy don't want 
to put a large investment in it because of that. So I would offer this 
as a second-degree amendment.
  Mr. SESSIONS. Mr. President, I have no objection to the second-degree 
amendment offered by the chairman of the Judiciary Committee.
  Mr. LEAHY. I ask for its acceptance.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Vermont [Mr. Leahy] proposes an amendment 
     numbered 1407 to amendment No. 1371.

  Mr. LEAHY. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To permanently reauthorize the EB-5 Regional Center Program)

       On page 3, after line 7, add the following:
       Sec. 549. Section 610 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended--
       (1) by striking ``pilot'' each place it appears; and
       (2) in subsection (b), by striking ``for 15 years''.

  Mr. LEAHY. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1407) was agreed to.
  Mr. LEAHY. Mr. President, I move to reconsider the vote.
  Mr. SESSIONS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Amendment No. 1371 is pending, as amended.
  If there is no further debate on the amendment, the question is on 
agreeing to the amendment.
  The amendment (No. 1371), as amended, was agreed to.


                           Amendment No. 1399

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate prior to a vote in relation to amendment No. 1399, 
with the time equally divided between the Senator from Washington, Mrs. 
Murray, and the Senator from South Carolina, Mr. DeMint.
  Who yields time? The Senator from South Carolina is recognized.
  Mr. DeMINT. Mr. President, current law promises the American people 
that

[[Page 17001]]

we will secure our southern borders with 700 miles of pedestrian fence. 
Obviously, we have seen violence increase and drug trafficking and 
weapons trafficking. We have destabilized the Mexican government 
because of our inability to carry out that promise. At this point there 
are only 34 miles of double-layered pedestrian fences as promised in 
our laws. We are supposed to have 700 miles. My amendment simply 
enforces current law and sets a deadline that we finish a pedestrian 
fence as required by law, finish the fence that is required by law by 
the end of next year. This is a promise we should keep to the American 
people.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Washington is recognized.
  Mrs. MURRAY. I yield my time to the Senator from Ohio, Senator 
Voinovich.
  Mr. VOINOVICH. Mr. President, we oppose this amendment. The amendment 
would force the Department of Homeland Security to construct hundreds 
of additional miles of pedestrian fencing beyond that which is 
determined as necessary. The Department of Homeland Security has 
studied and analyzed the tactical infrastructure needs, including 
pedestrian fencing or vehicle fencing along that border. It has built 
or is in the process of constructing the miles of pedestrian fencing 
that are needed or that they believe is necessary.
  The fact is, this body, when we changed the law not to be 
prospective, we did not detail the location and type of fencing. 
Instead, we left it to the discretion of the Secretary of Homeland 
Security. Not only is this amendment wrong because it overturns the 
U.S. Customs and Border Service determination of tactical 
infrastructure needs along the border, it would be incredibly costly. 
It would outstrip the funds provided for this purpose by requiring 
additional fencing. Some miles of fencing have an average cost of $5 
billion per mile.
  I urge we vote no on this amendment.
  The PRESIDING OFFICER. The Senator from South Carolina has 9 seconds 
remaining.
  Mr. DeMINT. Mr. President, what we are doing is not working. This 
amendment is designed to add some force and funding to current law. I 
encourage my colleagues to support it.
  The PRESIDING OFFICER. All time has expired. If there is no further 
debate on the amendment, the question is on agreeing to the amendment.
  Mr. DeMINT. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Byrd) 
and the Senator from Massachusetts (Mr. Kennedy) are necessarily 
absent.
  The PRESIDING OFFICER (Mr. Kaufman). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 54, nays 44, as follows:

                      [Rollcall Vote No. 220 Leg.]

                                YEAS--54

     Alexander
     Barrasso
     Baucus
     Bayh
     Bennett
     Bond
     Boxer
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dorgan
     Enzi
     Feinstein
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Klobuchar
     Kyl
     Landrieu
     Lincoln
     McCain
     McCaskill
     McConnell
     Merkley
     Nelson (NE)
     Nelson (FL)
     Pryor
     Risch
     Roberts
     Rockefeller
     Schumer
     Sessions
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Vitter
     Webb
     Wicker
     Wyden

                                NAYS--44

     Akaka
     Begich
     Bennet
     Bingaman
     Brown
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Dodd
     Durbin
     Ensign
     Feingold
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kerry
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Martinez
     Menendez
     Mikulski
     Murkowski
     Murray
     Reed
     Reid
     Sanders
     Shaheen
     Udall (CO)
     Udall (NM)
     Voinovich
     Warner
     Whitehouse

                             NOT VOTING--2

     Byrd
     Kennedy
       
  The amendment (No. 1399) was agreed to.
  Mrs. MURRAY. Mr. President, I move to reconsider the vote and to lay 
that motion upon the table.
  The motion to lay upon the table was agreed to.
  Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. VITTER. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 1375 to Amendment No. 1373

  Mr. VITTER. Mr. President, I call up Vitter amendment No. 1375.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending amendment?
  Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [Mr. Vitter] proposes an 
     amendment numbered 1375 to amendment No. 1373.

  Mr. VITTER. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To prohibit amounts made available under this Act from being 
 used to amend the final rule requiring Federal contractors to use the 
  E-Verify system to prevent Federal contractors from hiring illegal 
 aliens and to hold employers accountable if they hire illegal aliens, 
                        and for other purposes)

       On page 77, between lines 16 and 17, insert the following:
       Sec. 556.  None of the amounts made available under this 
     Act may be used to--
       (1) amend, rewrite, or change the final rule requiring 
     Federal Contractors to use E-Verify (promulgated on November 
     14, 2008);
       (2) further delay the implementation of the rule described 
     in paragraph (1) beyond September 8, 2009; or
       (3) amend, rewrite, change, or delay the implementation of 
     the final rule describing the process for employers to follow 
     after receiving a ``no match'' letter in order to qualify for 
     ``safe harbor'' status (promulgated on August 15, 2007).


                    Amendment No. 1375, as Modified

  Mr. VITTER. Mr. President, I send a modification of the amendment to 
the desk.
  The PRESIDING OFFICER. Without objection, the amendment is so 
modified.
  The amendment, as modified, is as follows:

(Purpose: To prohibit amounts made available under this Act from being 
used to amend the final rule to hold employers accountable if they hire 
                illegal aliens, and for other purposes)

       On page 77, between lines 16 and 17, insert the following:
       Sec. 556.  None of the amounts made available under this 
     Act may be used to implement changes to the final rule 
     describing the process for employers to follow after 
     receiving a ``no match'' letter in order to qualify for 
     ``safe harbor'' status (promulgated on August 15, 2007).

  Mr. VITTER. Mr. President, originally my amendment dealt with two E-
Verify issues: the no-match rule under Social Security, which I am 
about to talk about, and also ensuring that the E-Verify system is used 
for employers who operate under Federal contracts.
  Just a few minutes ago, we passed the Sessions amendment which deals 
with the second of those issues, Federal contracts, so the modification 
of my amendment simply takes that part of my amendment out and leaves a 
correction of the remaining issue, the Social Security no-match rule. 
That is the only thing the modification did.
  What is the no-match rule? In August 2007, the Department of Homeland 
Security introduced this no-match regulation which clarified the 
responsibility of employers who receive notice that their employees' 
names and Social Security numbers don't match the records of the Social 
Security Administration. Under the rule, employers receiving this sort 
of notice who did not take corrective action would be deemed to have 
constructive knowledge that they are employing unauthorized or illegal 
aliens. In other

[[Page 17002]]

words, this rule provided clear guidance on the appropriate 
responsibility of the employer, the appropriate due diligence the 
employer should undertake if they receive a letter from the Social 
Security Administration informing them there is not a proper match 
under those records. DHS, GAO, and Social Security audits found that 
such discrepancies often arise when workers use false documents to 
illegally obtain employment in the United States.
  Going after these no-matches is absolutely imperative to attack the 
issue of illegal aliens in this country. Employers who receive no-match 
letters know they have a problem and a responsibility to do something 
about it. Either their record keeping needs to be improved or they have 
hired undocumented workers. This no-match rule is reasonable in telling 
the employers: You have a problem, and you have a responsibility to do 
something about it in a circumstance where there is a no-match.
  This no-match rule has been blocked by litigation filed by organized 
labor and business groups that have consistently opposed enforcement of 
many of our Federal immigration laws. But the administration has twice 
asked the court to delay ruling on the government's motion to throw out 
the lawsuit, thus voluntarily leaving the rule in legal limbo for more 
than 5 years.
  My amendment, as modified, would simply prevent any more delays on 
the no-match rule. It would allow the Social Security Administration 
and DHS to provide employers with notices of the problem in their 
workforce payroll records. This is not only thoroughly reasonable, but 
it is absolutely necessary--one of many necessary steps we must take to 
move forward with regard to the illegal immigration problem and 
productive enforcement. If there are situations where there isn't a 
match under Social Security records, we need to do something about it. 
The employer needs to look into it and do something about it or else 
our illegal immigration laws are going to continue to be made a farce 
and continue to be flagrantly violated in many cases. This is a 
reasonable approach. It puts a reasonable but not undue burden on the 
employer to do some appropriate due diligence when they get a no-match 
notice from Social Security.
  With that, I urge all of my colleagues to support this amendment. I 
hope we will have a vote on it, probably later today. I look forward to 
any continuing debate and urge a ``yes'' vote.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 1415 to Amendment No. 1373

  Mr. GRASSLEY. Mr. President, I ask unanimous consent to set aside the 
pending amendment so I may offer an amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Mr. President, I call up amendment No. 1415.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Iowa [Mr. Grassley] proposes an amendment 
     numbered 1415 to amendment No. 1373.

  Mr. GRASSLEY. I ask unanimous consent that reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To authorize employers to voluntarily verify the immigration 
                     status of existing employees)

       At the appropriate place, insert the following:

     SEC. __. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES.

       Section 403(a)(3)(A) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
     U.S.C. 1324a note) is amended--
       (1) by striking ``The person'' and inserting the following:
       ``(i) Upon hiring.--The person''; and
       (2) by adding at the end the following:
       ``(ii) Existing employees.--An employer that elects to 
     verify the employment eligibility of existing employees shall 
     verify the employment eligibility of all such employees not 
     later than 10 days after notifying the Secretary of Homeland 
     Security of such election.''.

  Mr. GRASSLEY. Mr. President, the amendment I offer to the Homeland 
Security appropriations bill deals with the E-Verify Program. This 
morning, we voted to make the program a permanent part of our 
immigration laws. This was a vote in favor of the program because it is 
a very valuable tool for businesses across the country that want to 
abide by the law.
  My amendment makes the program an even better tool for businesses. It 
says that if an employer chooses to verify the status of all their 
workers, not just new hires, then they should be allowed to do so. 
Employers want to abide by the law and hire people who are legally in 
the country. Right now, E-Verify only allows the employer to check 
prospective employees, but we should be allowing them access to this 
free, online database system to check all of their workers.
  I hope my colleagues will agree with this approach. I believe it 
would fit in closely with initiatives by our new President to change 
the emphasis upon enforcing the laws against employment of people who 
come here illegally, because the President is emphasizing going after 
employers who are not abiding by the law. And there are lots of 
investigations that are going on in that direction.
  So we are now giving employers, through my amendment, the opportunity 
to check all their employees because that is very important. If a 
person is a businessperson, and there is a prospect that Federal people 
are going to come into the process and look at all their employment 
records, I would think an employer would want this tool to be able to 
use to see that everybody who has been hired--not just people recently 
hired--is legally able to be here.
  I urge my colleagues to agree to this amendment and allow their 
businesses back home to take steps to be in compliance with their 
immigration laws.
  Mr. President, 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. DORGAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Hagan). Without objection, it is so 
ordered.
  Mr. DORGAN. I ask unanimous consent to speak as in morning business 
for 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Thinning Elk Herds

  Mr. DORGAN. Madam President, this morning the New York Times wrote an 
editorial I wanted to commend my colleagues' attention to and take some 
issue with. The editorial in the New York Times this morning is called 
``Elk Hunting in the Badlands'' referring, of course, to the Badlands 
of North Dakota where Theodore Roosevelt went out and lived and 
ranched. The Badlands of North Dakota encompass, in large part, the 
Theodore Roosevelt National Park, a wonderful park, and the Badlands 
are about as beautiful as anything you will find in this country.
  Theodore Roosevelt National Park has elk. In 1985, a number of elk 
were released in the Badlands in the southern section. There were, I 
think, around 50 head of elk that were released in the Badlands, and 
that has now grown to somewhere close to 900 elk, which is about 600 
more than can reasonably be handled in that area. So they need to cull 
the elk herd. They need to thin out the elk herd because we can't allow 
it to grow so large that we don't have the carrying capacity on that 
land.
  So as is the case with too many Federal agencies, once they started 
thinking about how we will cull the elk herd, how we will take care of 
this problem, they came up with an idea--actually, a number of ideas. 
Among them was an idea that they would go hire Federal

[[Page 17003]]

sharpshooters and then cull the herd with Federal sharpshooters, and 
then have helicopters transport out the carcasses once the 
sharpshooters had done their job.
  It seemed to me to be boneheaded to be thinking in those terms. Much 
better, it seemed to me, was to develop an approach that was used in 
the Grand Tetons, where they deputize hunters as volunteers, and each 
volunteer can take an elk from the park.
  Now, we don't allow ``hunting'' in national parks. I understand that, 
and I am not proposing an open hunt. But in cases where you have to 
thin a herd, rather than have the Federal Treasury decide that we are 
going to hire Federal sharpshooters and then gas up the helicopters so 
you can transport the carcasses of the dead animals, a much better 
solution that you could find in almost any cafe in North Dakota, 
talking to three people over strong coffee, is what about finding 
qualified hunters, deputizing them, allowing each to take an elk and 
take the meat home; ergo, you haven't cost the Federal Government 
money. Under park supervision, you can have deputized, qualified 
hunters whom you could easily qualify, and you have solved the problem.
  This is not rocket science or a big, significant, complicated issue. 
It is not a serious illness for which we don't know a cure. This is a 
very simple issue of culling an elk herd. So I proposed that. The Park 
Service said, well, there is a restriction here and there, so we are 
going to hold a series of meetings. They held a series of meetings in 
North Dakota. As is always the case with bureaucracy, they hold a lot 
of meetings and come up with multiple alternatives, and they study them 
to death until the alternatives are nothing but carcasses. This is an 
issue in North Dakota in the Theodore Roosevelt National Park that has 
gone on for some years. The Park Service had several different 
alternatives. We were waiting for a long while to see what they were 
going to announce. And it became clear to me that they weren't going to 
get to a common-sense decision.
  So I included a provision in the Interior Appropriations bill in 
committee last week that is simple and it does as I have said: simply 
cull the elk herd by deputizing qualified hunters, under the 
supervision of the Park Service, who would be able to take the 
animals--the carcasses--and the meat out of the Badlands. So that is in 
the Interior Appropriations bill.
  The New York Times today takes great issue with that. It says it is 
not the right proposal at all, it is a terrible idea, that it would 
legislate a management issue better left to the Secretary of the 
Interior and the National Park Service. Well, the Secretary of the 
Interior was in North Dakota with me about 5 weeks ago, and we had a 
long discussion about this issue. And I know our former colleague Ken 
Salazar, and I know he would want to come to a conclusion that 
represents a deep reservoir of common sense as well for the taxpayers.
  I understand that we don't want to open hunting seasons in national 
parks. I propose only in a circumstance where, in this national park, 
just as we have done in the Grand Teton National Park, which is 
embedded in law, when you need to thin the herd, don't spend a pile of 
taxpayers' money, don't gas up helicopters to haul carcasses around. 
Deputize local qualified hunters and allow that. It is not a hunting 
season. In this case, you are thinning the herd by using qualified 
hunters, who could be deputized and operating under the supervision of 
the Park Service, to remove the meat from the park. It is very simple.
  The New York Times is a fine paper, but I doubt that it has a lot of 
hunters on its staff. I know a bit about hunting, and I know a fair 
amount about Theodore Roosevelt National Park and the Badlands. I know 
the people I represent, who looked at this, and most North Dakotans 
said: Why don't you get real and use a deep reservoir of common sense 
and solve this problem the right way. Spare taxpayers the expense of 
spending a lot of money, and do what we have done in the Grand Teton 
National Parks.
  That is the reason that last week I included the provision in the 
Interior Appropriations bill. I wanted to describe it to my colleagues. 
On behalf of the American taxpayer, let's do what is right and use some 
common sense. This is not that complicated.
  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. LAUTENBERG. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1402

  Mr. LAUTENBERG. Madam President, I rise today because there is a 
reckless amendment on the floor of the Senate to strip this country of 
an important infrastructure element to protect us against terrorism. 
This amendment is intended to strip the State of New Jersey of critical 
antiterrorism programs.
  In poll after poll, the people across our country are still deeply 
concerned about what might happen in the event of a terrorist attack. 
Everyone knows we have people fighting against terror in other 
countries, but we also have a huge assignment here. Just today, we saw 
that an attempt to smuggle bomb parts into some government buildings 
was successful. My God, what do we have to do to say to people in this 
place: Our primary function is to protect our citizens, and New Jersey 
is one of the 50 States in this country; that if it is a dangerous 
event that occurs, whether it is a natural disaster or whether it is a 
terrorist attack, we have an obligation to see that these States have 
the tools to protect themselves.
  Eliminating funding for these programs will make families in New 
Jersey more vulnerable to terrorist attacks and natural disasters. I 
point out that this area we are particularly focused on--9/11, the 
largest catastrophe that happened on American soil--is one area, which 
I will describe in just a minute, that is one of the most densely 
populated in the country, and the risks are very high.
  Eliminating funds for these programs makes families in New Jersey 
more vulnerable, and we are concerned about it. Without these 
investments, when a terrorist strikes or a hurricane hits, there is a 
good chance that emergency generators might not go on, firetrucks will 
not arrive on time, and medical crews might not know where to go.
  Let's be absolutely clear. New Jersey is no stranger to terrorism. We 
lost 700 New Jersey residents on 9/11, and dozens more still retain 
illnesses that developed as a result of their attempt to protect the 
citizens who survived.
  New Jersey is home to what has been labeled by the FBI as the most 
dangerous 2-mile stretch in America for terrorism--that 2-mile distance 
between the Port of Newark and Newark Airport. And New Jersey is the 
most densely populated State in the Nation. In the area around this 2-
mile stretch terrorists could injure or kill almost 12 million people.
  Because of the real possibility of an attack, cities and counties 
throughout New Jersey have created local emergency operations centers. 
What else could we ask for? What have the States where there are 
droughts or hurricanes or earthquakes or volcanic eruptions in this 
country had the right to ask for? They have a right to ask for help. 
But why only provide the help after something has happened if we can 
prevent things from taking place?
  Because of the real possibility of an attack, we have these local 
emergency operations centers in New Jersey. These centers coordinate 
information during an attack and manage the immediate response to 
cataclysmic emergencies. Both the 9/11 Commission report and the 
Department of Homeland Security have identified these centers as 
imperative to people's safety and security when a community crisis 
occurs. In fact, according to the 9/11 Commission's senior counsel, if 
there had been a functional emergency operations center after the 
terrorist attack on the World Trade Center, lives would have been saved 
that day.

[[Page 17004]]

  Here is what will happen if the amendment being offered by Senators 
McCain and Feingold is passed: The emergency operations center in Union 
County, in my State, will not have an interoperable communications 
network that connects fire, police, and medical officers. The emergency 
operations center in South Orange--one of our cities--will not have a 
working emergency generator.
  We can't afford to be without this infrastructure of emergency 
equipment as well as services. And the emergency operations center in 
Hackensack will not be able to properly train police officers and 
firefighters. Make no mistake, emergency operations centers save lives. 
That is preventive. That is its purpose.
  The amendment being offered by Senators McCain and Feingold defies 
common sense. By jeopardizing emergency operations centers in my State 
and other States across the country, this amendment would make us less 
secure, and I hope my colleagues will say: No, we can't permit that. We 
can't permit it in New Jersey and we can't permit it in other places in 
the country.
  We have to, as the Boy Scouts say, be prepared. It is the simplest 
lesson we could learn. Prevention is far better than cure.
  I thank the Chair for the opportunity to speak, and I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REED. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REED. Madam President, I rise to oppose the amendment that is 
currently before us, which would eliminate funding for the emergency 
operations center projects throughout the country, including one in 
Providence, RI.
  First, this issue hinges on several critical factors. One is, 
ultimately, public safety. We have experienced, over the last several 
years, a terrorist threat that could impair all kinds of communities 
around this country. In fact, on the Fourth of July, several aircraft 
in Istanbul were stopped and searched because there was intelligence 
developed by both the German Government and the United States 
indicating that there might be a threat to a commercial aircraft, as we 
witnessed on 9/11. The bottom line is, these emergency operations 
centers are critical.
  There is another aspect, of course, too, and that is that we are in a 
terrible situation economically. In Rhode Island, we are just a tad 
behind Michigan in terms of unemployment, with 12.1 percent of our 
workforce out of work--nearly 3 points higher than the national 
average--and this funding not only will meet a critical need for public 
safety but also help a little bit in terms of getting our economy 
moving forward.
  It will allow the city of Providence and the Providence Emergency 
Management Agency to move closer to completing needed improvements to 
its emergency operations center. This project will increase the space 
at the Providence EOC to ensure a ready 24-hour presence and 
accommodate a second complement of staff that will be required onsite, 
should an emergency incident occur. In undertaking this work, at least 
20 construction jobs will be produced. In Rhode Island, that is a good 
project.
  In 2004, the city of Providence designated a site within the city to 
serve as the headquarters for the Providence EMA and has worked since 
then to make improvements to the facility so it can serve the city 
during a disaster or attack. The Providence EMA completed the first 
phase of the work on the facility this year but must expand its 
existing building in order to make shortfalls that were identified in a 
2007 Federal Emergency Management Agency Technical Assistance Team 
review. These shortfalls, as pointed out by the Federal Government, 
included inadequate space within the existing facility for 
administrative and emergency operations and a lack of adequate force 
protection, physical security, and survivability measures. According to 
Providence EMA, up to $3 million will be needed to complete this work. 
Again, this was the result of a study by the Federal authorities as to 
the adequacy of this facility. While FEMA has committed resources to 
this project, Providence EMA does not have the funding to carry out all 
the improvements that are required.
  But beyond serving the needs of Providence, it plays a leading role 
in our overall State operations. The Greater Providence Metropolitan 
Medical Response System and the Providence Urban Area Security 
Initiative regions include Providence and eight surrounding 
communities, representing 60 percent of the State's population. Let me 
say that again. This EOC, although it is placed in Providence, plays a 
critical role in coordinating the emergency response for 60 percent of 
the people of Rhode Island. This is an important facility not just for 
one community but for a significant number of areas. So this will be a 
facility that is not only necessary but extremely efficient and 
integral to the protection of a significant number of my constituents.
  While I understand the administration believes that funding should be 
allocated through a risk management framework, I support the 
committee's decision to fund these projects. For my State, we know the 
facility is needed. We know the improvements are needed. The Federal 
authorities have pointed that out to us. It will not only protect a 
small portion of one city, but it will effectively protect a larger 
portion in terms of population to my State.
  Madam President, I ask unanimous consent that letters from the Mayor 
of Providence and the Rhode Island Emergency Management Agency 
regarding the project be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                           City of Providence,

                                     Providence, RI, July 7, 2009.
     Subject: Providence Emergency Operations Center (EOC) Phase 
         II Funding Request.

     Hon. Jack Reed,
     U.S. Federal Courthouse,
     Providence, RI.
       Dear Senator Reed, I write to express my strong support for 
     federal funding necessary to upgrade the functionality of the 
     City of Providence's Emergency Operations Center (EOC) and to 
     ask for your assistance in securing this funding.
       Following a 2007 on-site Federal Emergency Management 
     Agency (FEMA) Technical Assistance Team's review of the EOC, 
     two major shortfalls were identified: (1) inadequate space 
     within the existing facility for administrative and emergency 
     operations and (2) the lack of adequate force protection, 
     physical security, and survivability measures. Federal 
     funding for the facility expansion will allow the City to 
     attain a resilient, modern, efficient and effective regional 
     EOC, capable of coordinating regional emergency response, 
     redundant interoperable communications and rapid public 
     warning.
       The Providence Emergency Management Agency is responsible 
     for managing major emergencies in the City along with the 
     added responsibility for the Greater Providence Metropolitan 
     Medical Response System (GP-MMRS) and Providence Urban Area 
     Security Initiative (PUASI) regions. With limited EOC 
     interoperability in the eight surrounding communities 
     associated with MMRS and UASI programs, the improved 
     Providence EOC facility will be fully ready and equipped to 
     handle incidents which bisect traditional political 
     boundaries and provide needed incident support and 
     coordination to neighboring communities within the region, 
     thereby providing benefit to an estimated 60% of the State's 
     total population.
       On 8 April 2009, after competing nationally in the DHS FY09 
     Emergency Operations Centers Grant Program, Providence was 
     one of the few cities that met and exceeded the strict 
     federal criteria and was awarded the maximum amount of 
     $1,000,000. We are requesting additional funding to fully 
     complete the project.
       This funding is crucial for improving emergency 
     preparedness, response and recovery by ensuring the City has 
     the most advanced facility and capabilities able to provide 
     time critical flexibility, sustainability, security, 
     survivability and interoperability should a catastrophe occur 
     within or adjacent to our City.
       I respectfully request your assistance in securing the 
     additional funds necessary for this project. Should you have 
     any questions,

[[Page 17005]]

     please feel free to contact me at (401) 421-7740.
           Sincerely,
                                               David N. Cicilline,
     Mayor.
                                  ____

                                                   Military Staff,


                                  Emergency Management Agency,

                                       Cranston, RI, July 7, 2009.
     Subject: Providence Emergency Operations Center (EOC) Phase 
         II Funding Request.

     Hon. Jack Reed,
     U.S. Federal Courthouse,
     Providence, RI.
       Dear Senator Reed: I am writing in support of Mayor David 
     N. Cicilline's request for federal funding necessary to 
     upgrade the functionality of the City of Providence's 
     Emergency Operations Center (EOC).
       Two major shortfalls exist for all the Operations Centers 
     in the State of Rhode Island: (1) inadequate space for 
     administrative and emergency operations and (2) the lack of 
     adequate force protection, physical security, and 
     survivability measures. Federal funding for these shortfalls 
     in Rhode Island are essential to ensuring efficient and 
     effective capability for coordinating regional emergency 
     response, redundant interoperable communications and rapid 
     public warning by the state of Rhode Island Emergency 
     Management Agency.
       Local and Regional EOCs, like the one operated by the 
     Providence Emergency Management Agency, provide a critical 
     link to the Rhode Island Emergency Management Agency (RIEMA) 
     and its EOC enhancing RIEMA's ability as the lead 
     coordinating agency for the State.
       The State of Rhode Island has recognized the need for 
     regional capabilities and this funding proposal meets that 
     standard. While the City of Providence has received the 
     maximum amount of $1,000,000 from the DHS FY09 Emergency 
     Operations Centers Grant Program and continues to receive 
     Port Security and Urban Area Security Initiative (UASI) grant 
     funding; the Rhode Island Emergency Management Agency (RIEMA) 
     fully supports the Providence application.
       This funding will improve emergency preparedness, response 
     and recovery in Providence. Enhancing the EOC in Providence 
     will ensure that Rhode Island continues to have the most 
     advanced facilities and capabilities able to provide time 
     critical flexibility, sustainability, security, survivability 
     and interoperability should a catastrophe occur within the 
     city.
           Respectfully,
                                                   J. David Smith,
                                               Executive Director.

  Mr. REED. Madam President, I urge a ``no'' vote on this amendment.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. PRYOR. Madam President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PRYOR. Madam President, I rise today to speak about the fiscal 
year 2010 Homeland Security Appropriations bill and a program within it 
which is very important to my home State and also to many other States 
here in this great Nation. First, I thank the chairman and the ranking 
member, and their staffs--the staffs, as we know, do so much great work 
around here--for their leadership and foresight in crafting such an 
important piece of legislation. I thank the chairman for taking my 
thoughts and considerations into mind when they drafted this 
legislation, as well as the thoughts and considerations of many of my 
colleagues. This has truly been a bipartisan effort and shows the 
Senate can get good results when we work together.
  The funding in this bill covers a wide range of activities from 
protecting our Nation from terrorist events to strengthening our local 
preparedness and response activities. Today I rise in response to 
opposition to the Feingold-McCain amendment to strike funding for 
emergency operations centers. The most fundamental responsibility of 
government is protecting the lives and safety of the public. Arkansas 
finds itself as No. 10 on a list of the 59 States and territories and 
districts with the most presidentially declared major disasters. It is 
not a welcome ranking, but it is a measurement of the risks Arkansans 
face.
  Since 9/11, State and local governments have faced increased 
emergency preparedness responsibilities and costs for public safety. 
Now, in the midst of continued all-hazard risks, State and local 
governments are cutting spending on many critical programs, but 
emergencies and disasters will not wait for our economy to improve. 
Reports following Hurricane Katrina's response found multiple flaws in 
situational awareness, command and control, logistical tracking, and 
communications. Fully capable emergency operational centers at the 
State and local level are essential to a comprehensive national 
emergency management system.
  EOCs require basic resources to operate smoothly and effectively in a 
time of crisis. Some of the resources funded through EOCs include a 
hardened and safe location for emergency management staff, 
communications for reliable and accurate information gathering, and 
effective, usable technology for tracking all resources, including 
personnel and emergency supplies.
  For example, the city of North Little Rock, AR's Office of Emergency 
Services will be a recipient of these funds. This office is one of the 
emergency operations centers tasked with providing disaster assistance 
and support to a population of over 500,000 people in the central 
Arkansas area--not just North Little Rock but the entire area. Although 
the office's current personnel work very hard and are very diligent 
about providing meaningful services to the area, the age and size of 
its location limit its ability to house the needed technologies and 
staff to adequately serve central Arkansas in the event of emergency.
  Again, we have lots of emergencies there, as we will talk about. 
These funds will be used to address these limitations and provide the 
needed safety assurances.
  Recently it has become popular to attack so-called earmarks. I agree 
that congressionally directed spending needs to be transparent. I think 
the Senate has already taken care of that. Its Members should be 
accountable for the programs they support. I think the Senate has taken 
care of that as well.
  I am proud to support funding for emergency operations centers. I 
also believe the Representatives of the States and the congressional 
districts have an in-depth understanding of the needs and priorities in 
their States, rather than employees serving in Federal executive 
departments and agencies.
  There is now great accountability in the congressionally directed 
spending in appropriations bills. The public can easily review 
congressionally directed spending requests and funding on Web sites 
fully accessible to the public. In fact, the Constitution gives this 
authority to the Congress.
  The Constitution, article I, section 9, says:

       No money shall be drawn from the Treasury, but in 
     Consequence of Appropriations made by law.

  That is what we are doing here today and that is what the 
appropriations process is about, this constitutionally required system 
we have, where Congress controls the purse strings.
  For all these reasons, I voice my strong support for the funding in 
the underlying bill that supports emergency operations centers. I ask 
my colleagues, very respectfully, even though it is well intended, to 
oppose the Feingold-McCain amendment.
  I yield the floor.
  Mr. FEINGOLD. Madam President, we are going to vote, I understand, 
shortly. It is an important discussion. I am glad we had a little 
exchange about it.
  I first want to respond about what the Senator from New Jersey, Mr. 
Lautenberg, had to say about this. He expressed concern that because of 
my amendment there would be no funding for emergency operations centers 
if this amendment passes. That is absolutely incorrect. It is the 
opposite.
  To the contrary, there will be $20 million for emergency operations 
centers that will be awarded competitively to those most in need. 
Senator Lautenberg cited the 9/11 Commission endorsement for these 
centers. Yes, they did. What he failed to note is that those at the 
Commission recommended that the Homeland Security grants be awarded on 
the basis of risk, not earmarks such as the one requested by Senator 
Lautenberg.
  Of course, there may well be a need in New Jersey, and I respect 
that. I am

[[Page 17006]]

not saying that program would not qualify under a merit-based analysis. 
But it is not based on actual risk analysis and that is the problem. If 
there are worthy projects the Senator has requested, then I hope he 
would be confident that these communities in New Jersey will be able to 
compete successfully for the grants.
  I am sure it was not intentional but it is misleading to make the 
Senate believe that these centers are being taken away by my amendment. 
It is the opposite. In fact, if you look at the way this currently 
operates, if we do not change this, currently the Senate bill directs 
that half of all these emergency operations center funds will go to 
only 10 States. The House earmarks all of these funds, and a fourth of 
the predisaster mitigation funds. Last year, FEMA only funded a tiny 
fraction of the emergency operations center applications it received 
because 64 percent of the funding went to earmarks.
  On this program the Senator from New Jersey and the Senator from 
Arkansas were talking about, 10 States get 50 percent of it and 40 
States have to share the other 50 percent. What are the odds that that 
comports with any kind of rational analysis of real risk? Very small. I 
guarantee, because they are earmarks, that analysis was not done. It is 
not possible, because they were not put in the context of the 
comparative risk that is involved.
  To respond to some of the remarks of my good friend from Arkansas, I 
understand the Senate has not earmarked any of the predisaster 
mitigation funds. However, if my amendment is not agreed to, FEMA will 
have to deal with the earmarks in the House report. I do not question 
that some of these earmarked requests may be legitimate. But if they 
are legitimate, then they should have no trouble in a fair competition 
for the funds based on merit and risk.
  I think this is the key, even for those who support earmarks in 
another context. The problem here is that these are highly technical 
projects. We are talking about communications equipment, flood 
prevention projects that require engineering studies and the like. We 
do not have the expertise in Congress to make an objective 
determination of which projects are the most worthwhile. So who gets 
the funding? Those who are somehow able to get an earmark without any 
real analysis, without any real consideration of the merit as to who is 
at the greatest risk, where in the country we need to think about these 
disasters more than others.
  That is no way to think about potential earmarks. Earmarks are sent 
to small communities to set up operations centers that do not need them 
while State centers remain unfunded. During recent flooding in 
Wisconsin----
  Mr. McCAIN. Will the Senator yield for a question?
  Mr. FEINGOLD. I am happy to.
  Mr. McCAIN. It is my understanding that the Senate bill the Senator 
has described directs half of the emergency operations funds to only 10 
States, and there are 50 States in America. But half of these emergency 
operations center funds--it doesn't make much geographic sense, if you 
look. Funds are directed at Illinois, Iowa, New Jersey, New York, 
Montana, Washington, Rhode Island--East and West, all over the country. 
Maybe my friend from Wisconsin can describe what do they have in 
common, 9 of these 10 States have in common?
  Mr. FEINGOLD. Madam President, I can tell you one thing they don't 
have in common is any analysis of the need or requirement they be done 
in their communities. What they have in common is somebody stuck an 
earmark in this bill.
  It would be different, I say to my friend from Arizona, if these 10 
States had shown on the merits they have the risk in their communities 
and they need to get ahead of these disaster situations. That would be 
great. In that case I could support that only 10 States get half the 
money. But when there is absolutely no analysis and where this actually 
undercuts the very integrity of the programs they are trying to 
protect, the lives of the American people, and leaves the other States 
to fend for themselves with regard to 40 States fighting for the other 
50 percent--this is a terrible way to protect the American people from 
disaster.
  As an answer to the Senator, I would say there is only one 
explanation. You and I know what it is. Somebody got an earmark and 
that is all.
  Mr. McCAIN. There is an additional question I have to my friend from 
Wisconsin. Isn't it true that the administration has requested that 
this entire program be canceled?
  Mr. FEINGOLD. The entire program?
  Mr. McCAIN. Yes.
  Mr. FEINGOLD. They want the program merit based. They want the 
program to be based on actual need for these emergency operating 
sectors.
  Mr. McCAIN. Isn't it true that the Office of Management and Budget 
recommended this as one of the programs to be eliminated, as the 
President announced?
  Mr. FEINGOLD. They want it eliminated, Madam President, because of 
this practice my friend and I are discussing. Because of the use of 
earmarks, which undercuts the integrity of the program, they want to 
say this is not worth continuing. By this amendment we will have the 
effect of restoring its legitimacy.
  Mr. McCAIN. In other words, the administration believes we need 
emergency operations center funds because of the requirements of 
homeland security. But this process is so badly flawed that they want 
to go back to do away with this and go back to the merit and needs-
based system, is that correct?
  Mr. FEINGOLD. That is absolutely right, Madam President, I say to the 
Senator from Arizona. The President of the United States has pressed to 
ensure these funds are awarded competitively and on the basis of risk. 
That failing, which is what will happen if we do not agree to this 
amendment, the recommendation is to not go forward.
  I accept the premise that so many Members have identified here, that 
this is a worthwhile program, as long as it is based on merit and need. 
So the Senator from Arizona is correct in that. The President of the 
United States is clear on that. We have a chance here to fix this 
program, get away from the earmarks, and make sure it can continue; 
otherwise, there will be continuing efforts to say this is not what was 
intended.
  Obviously, it was not what was intended. Yes, it is one thing to get 
an earmark for a museum somewhere in your State and that does take away 
from the general funds--and the Senator from Arizona and I have strong 
feelings about that--but it is another thing to use this in a situation 
where a program has specifically been set up to figure out where in the 
United States is the most important that people have money to be able 
to do what they need to do to protect the lives of the people in their 
communities because of a particular vulnerability to disaster.
  Mr. McCAIN. Will the Senator respond to one more question? So the 
Senator is not saying we do not need emergency operations centers in 
America? We would not be eliminating the need for emergency operations 
centers, let me be perfectly clear. But what he is saying is we need to 
eliminate them in this form, which does not give the highest and most 
needed priority to these emergency operations centers around the 
country?
  In other words, we still have a threat to our Nation's security, but 
this is not the way to meet it. We can come up with a far better and 
more efficient way.
  Mr. FEINGOLD. We do need a program for emergency operations centers. 
What we do not need is another earmark trough for people to feed at. If 
the program becomes just that, which I fear it is becoming, then it 
does not stand on its own merit. This is truly an opportunity to 
protect it.
  I thank the Senator from Arizona for his questions.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Missouri is recognized.
  Mrs. McCASKILL. I listened with interest to the questions and the 
conversations concerning Senator Feingold's amendment. I rise to 
strongly support this amendment. You know,

[[Page 17007]]

one of the fantasies around here--and I yield to the long experience of 
my two colleagues on fighting this battle on earmarks--is this fantasy 
that the money for earmarks is created out of nothing; that somehow the 
money for earmarks just lands on everyone's desk and no programs are 
hurt by the earmarking process; that no money is taken from worthy 
projects for earmarking.
  Truth be known, I can give example after example in the budget that 
over the years good competitive programs have been cut while earmarking 
has skyrocketed. The Byrne grants are a good example. Byrne grants are 
a competitive process in every State where they can compete for law 
enforcement based on need, decided at the local basis.
  What has happened to the funding for Byrne grants over the years? It 
has dwindled, while in that very same budget earmarks have steadily and 
continually grown over the last decade.
  This is a perfect example of robbing Peter to pay Paul. This 
amendment will say: You must compete for these dollars based on need. 
Is that not how we should be spending the public money? Last year FEMA 
received a total of 675 individual emergency operations center project 
applications; 675 applications they received for this funding last 
year.
  They were only able to select 22 of them for funding. You know why? 
Because 64 percent of the funding went to earmarks. So because of the 
earmarking, there was less money for worthy projects that, maybe on 
merit and need, were much more important to protect people than the 
earmarking process.
  This is a textbook example of taking a pot of money and deciding 
through some waving of a magic wand that it goes individually to 10 
States without any discussion as to whether those are the 10 most needy 
projects or 10 most needy States--no discussion whatsoever.
  In my State there have been years where we have been under a constant 
emergency declaration: flooding, ice storms, tornados. We have 
floodplains. In fact, the National Association of Floodplain Managers 
supports Senator Feingold's amendment. Do you know why they support 
Senator Feingold's amendment? They say it is causing floodplain 
managers around the country to quit planning to mitigate because they 
can short-circuit the process and just go for an earmark.
  Why do the work and plan and compete as 1 of 22 out of 675 if you 
know the easiest way and the best way to do it is to hope and pray your 
Member is on the right committee? Just say it like it is. Just hope and 
pray your Member is on the right committee.
  So this is a great opportunity for everyone who believes we need to 
be careful with the way we spend our money to be counted. This is a 
great opportunity because this is very clear this money is being taken 
from projects and being earmarked for projects. As a result, 40 States 
are going to have less than a 50-percent chance to participate in this 
kind of emergency funding.
  I strongly support Senator Feingold's amendment. I urge my colleagues 
to do the same.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. I would like to thank the Senator from Missouri not only 
for her comments about this particular issue but her dedication to 
reform, transparency, and to making sure the American taxpayers' 
dollars are wisely and appropriately spent. It has been a pleasure 
working with her on various reform issues. I would argue this may not 
be the last time the three of us are on the floor of the Senate.
  When you look at the approval ratings of Congress, not just now but 
for a long time, we are not held in the highest of esteem, and 
sometimes for good reason. Sometimes for good reason. We have ongoing 
scandals concerning the use of public funds for earmarking and 
porkbarrel projects and rewards to Members of Congress that have caused 
them to be in Federal court and, indeed, even Members of Congress 
residing in Federal prison.
  This is an important amendment because as the votes line up I think 
we will see--on both sides of the aisle--we will see members of the 
Appropriations Committee probably voting on the theory that if they 
lose one they will lose a number of other efforts to eliminate earmarks 
and porkbarrel spending.
  I hope that would not be the case because this is particularly 
egregious, particularly egregious. This legislation which Senator 
Feingold's amendment is intended to cure is about homeland security, 
and to direct half of the emergency operations center funds to only 10 
States obviously is a gross misuse of the taxpayers' dollars and 
could--and could--conceivably cause us not to fund emergency operations 
centers that are more badly needed and could then put our homeland 
security perhaps in some jeopardy, or certainly not ensuring our 
homeland security to the best and wisest expenditure of tax dollars.
  Could I just remind my colleagues, last year's appropriators provided 
$35 million for the Emergency Operations Center Grant Program but 
earmarked $12.5 million of them. The Department of Homeland Security 
received 613 applications asking for $264 million for the purposes of 
the grant program to construct emergency operations centers.
  There is clearly a need for this money in the States. It is 
unfortunate that many of the applicants were turned down by the 
Department because there was no money left because we had already spent 
half of it on earmarked projects which had no competition.
  Again, I want to emphasize to my colleagues, this is not a matter of 
whether we need emergency operations centers. It is simply a matter of 
whether we are going to wisely and appropriately use the taxpayers' 
dollars where it is most needed. There has been no screening, no 
authorization, no hearing held on this issue, and it was put in, 
obviously, in an appropriations bill in an inappropriate fashion.
  So I urge my colleagues to support the amendment by the Senator from 
Wisconsin. I congratulate him on proposing this amendment.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. GILLIBRAND. 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.
  Mrs. GILLIBRAND. Mr. President, I rise today in defense of the $1 
million that was allocated in this bill for an emergency operations 
center in Mount Vernon, NY. Mount Vernon is the eleventh most densely 
populated city in the United States of America, the eighth largest city 
in the State of New York, and is located on the immediate border of the 
largest city in this country, New York City.
  Mount Vernon has three Metro-North train stations, which could 
provide a vital route for citizens exiting New York City in the event 
of an emergency. Thus, Mount Vernon is a first line of defense and a 
``safe haven'' for millions who live and work in New York City.
  In order to facilitate a proper and effective response to any 
emergency incident, Mount Vernon needs an emergency operations center. 
If, God forbid, another September 11 type incident occurs in New York 
City, which, as on September 11, compromised the communications system 
and emergency services in the city, it is imperative that we have a 
local emergency operations center nearby.
  New York City is one of the largest terrorist targets in the country, 
and it does not make sense to be cutting emergency operations where we 
could be the most vulnerable. The threat of terrorism has not 
diminished, and our preparations should not either.
  At present, the city of Mount Vernon does not have an emergency 
operations center for the managing and mitigation of a major incident. 
At best, the Mount Vernon Police Department's Field Command Center 
vehicle could

[[Page 17008]]

coordinate an incident. However, this would greatly hamper police 
operations and the ability to manage a multiagency incident.
  Utilizing an existing city facility would reduce costs associated 
with the project. This is an example of good government: repurposing an 
existing building to fulfill a new need and building important 
infrastructure to protect our citizens in an emergency.
  However, if the Federal Government does not fund this emergency 
center, the local community will have to raise property taxes in order 
to make the upgrades necessary. Westchester County has some of the 
highest taxes in the country and should not be forced to pay more in 
order to provide a resource that benefits the entire region.
  Terrorism is not a local problem, it is a national problem. So it is 
only right that the National Government makes the kinds of investments 
that can keep our communities safe.
  I oppose this amendment. I encourage my colleagues to do the same.
  In response to the arguments that were made on the Senate floor, in 
all due respect I think the judgment of a Senator knowing what is best 
for their State can usually overcome the judgment of any agency that 
makes that decision in a grant-making process because they know what 
are the most important investment needs for their communities, and our 
voices should be heard. That is why in this instance, it is very 
important that an earmark of this nature that is directed to protect us 
from terrorism and create a safe haven for citizens in the judgment and 
discretion of the Senator from New York is very much needed.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, the problem with this is the earmarks. It 
is not that New York may not need this. It is that you have taken 50 
percent of the money for 10 States. The other 40 States will have to 
divide the remaining portion of this money for those types of emergency 
centers and the calculation of risk. It ought to be true competition 
based on real risk. There is no question New York has greater risk than 
Oklahoma; that I do not deny. But the fact is, we have taken half the 
money away from 40 other States and said: You have to compete on the 
remaining portion, and you may have requirements greater than those 
earmarked in the bill.
  I support this amendment. I wholeheartedly ask my colleagues to do 
the same.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from New York.
  Mrs. GILLIBRAND. In response to my colleague, with regard to this 
particular earmark, New York has only received one earmark for $1 
million. In relation to the amount of risk and the necessity for an 
emergency response center, the need is great. Our judgment, as Senators 
from New York, as to what is the best investment for all of New York in 
terms of an emergency response investment is helpful to this process. 
It should not necessarily be left only to a grant process. Much of the 
money is still available to a grant-making process which is a great 
process because it does have competition and we hopefully get the 
greatest good for the greatest need. There is a balance where the 
judgment of a Senator or a Congress Member is very important in that 
conversation. The agencies and the administration can make their own 
judgments. That is why a combination of targeted earmarks on the one 
hand and other investments through a grant process on the other hand is 
probably a better balance and approach, because we are getting the 
judgment of all parts of the three branches of government--at least two 
of them.
  The ACTING PRESIDENT pro tempore. The Senator from Montana.
  Mr. TESTER. Mr. President, I rise to speak in opposition to the 
Feingold-McCain amendment. I do not believe this amendment serves the 
country well as far as it applies to the reality of public safety in 
rural America and the northern border.
  It is important to start by noting that this is about people, about 
public safety, about homeland security, about firefighters and other 
first responders in our frontier communities and across rural America. 
Specifically, it is about protecting folks in and around the greater 
Flathead Valley region of northwest Montana.
  The city of Whitefish is 60 miles from the northern border, nearby to 
areas where smuggling and illegal crossings are known to occur. In 
places such as Whitefish, local law enforcement often ends up assisting 
Border Patrol in response to suspicious activity at or near the border. 
Local law enforcement also helps out with security around and awareness 
about wildfires during Montana's fire season. Many of the fires up in 
northwestern Montana occur on Federal lands. When the Feds need 
assistance, whether it is the Border Patrol or the Forest Service or 
ICE, they depend on resources of local communities such as the 
community of Whitefish. In Whitefish and similar communities, local law 
enforcement works closely not only with those Federal agencies, but 
interagency cooperation is a fact of life in northwest Montana. That 
costs local governments money which too often they do not have with an 
unfunded mandate.
  Special interest groups located right here in Washington on 
Connecticut Avenue have called the Whitefish Emergency Operations 
Center a pork project. Unfortunately, I question whether they know 
where Montana is, much less northwest Montana or the city of Whitefish 
or the conditions that evolve around this project. I do, as a Senator 
from Montana. Unfortunately, they use a figure that is off by more than 
one-third. I suggest this is further evidence that the folks in 
Washington, DC, simply do not understand the State of Montana as well 
as its congressional delegation.
  I wish to be clear about what this amendment does and does not do. 
This amendment would not save the Federal Government a single penny. It 
would simply give the money back to FEMA to spend as bureaucrats, as 
unelected officials here in Washington see fit.
  Before 2007, there is no doubt that the Senate appropriations process 
was abused. Some lawmakers buried their special pet projects deep in 
large bills where they had little or no chance to be reviewed by 
Congress or withstand public scrutiny. That is how the taxpayers ended 
up footing a bill for the infamous bridge to nowhere. The very first 
bill I voted for, back in 2007, as a Senator was legislation to clean 
up the system and restore transparency and accountability to the 
appropriations process. Now every project secured by a Member of 
Congress has his or her name attached to it--no more secret requests 
made in the dark of night.
  I am glad my name is next to the Whitefish Emergency Operations 
Center project. All Senators are now required to post requests we make 
on behalf of constituents on our Web sites. Everyone can do it. I 
invite folks to go to my Web site, tester.senate.gov/
appropriations.cfm, or they may want to see the distinguished 
Republican leader's request at mcconnell.senate.gov/approps.cfm.
  The point is not that the Republican leader has asked for specific 
projects. The Democratic leader has also. The point is that no Senator 
is above the transparency requirements instituted in the last couple of 
years. That is a good thing. It is also a good thing that we can have 
this debate here today.
  Why is this particular project needed, a project in Whitefish, MT? 
Over the last 10 years, the population of Whitefish has doubled. The 
fire department is transitioning from a volunteer department to a full-
time professional department, as the call volume has increased, as has 
the population, over the last 7 years. The police department has seen 
call volume increase by over 200 percent in that same time. The current 
building is not big enough to house the growing needs of the city's 
first responders. The current building is in a 100-year flood plain and 
an earthquake zone. Why does that matter? It matters because Montana's 
Disaster and Emergency Services office has done a number of scenarios 
of massive disasters in Montana. Most of them revolve around a 
catastrophic earthquake that disables emergency operations in multiple

[[Page 17009]]

cities. That is one of the most likely disaster scenarios in our State 
and this region of our State.
  I will fight to make people around this body understand that not 
every disaster in this country happens in a major population center. 
Folks in rural America deserve to have effective and efficient 
emergency response also.
  The new Emergency Operations Center in Whitefish will solve several 
deficiencies identified by a 2006 facility needs assessment. 
Interestingly enough, Whitefish used the Department of Homeland 
Security criteria for this study. The center will provide 
interoperability and improved efficiency for ICE, Border Patrol, FBI, 
Secret Service, DEA, Montana Highway Patrol, and several other regional 
law enforcement agencies.
  The EOC Grant Program is intended to improve emergency management and 
preparedness capabilities by supporting flexible, sustainable, secure, 
and interoperable emergency operations centers with a focus on 
addressing identified deficiencies and needs. That is exactly what this 
project does.
  I oppose this amendment for many of the same reasons as the senior 
Senator from Montana. As elected officials from our States, it is our 
obligation to know what the needs are out there much better, I believe, 
than an appointed bureaucrat.
  Mr. WHITEHOUSE. Mr. President, I speak today about the importance of 
retaining funding for the Providence Emergency Operations Center in the 
fiscal year 2010 Department of Homeland Security Appropriations Act.
  The Providence Emergency Operations Center coordinates emergency 
response for 60 percent of the population of Rhode Island. I visited 
this state-of-the-art facility earlier this year and was very impressed 
by the caliber of its technology, its seamless integration of many 
different local law enforcement and emergency response agencies, and 
those who stand at the ready to protect the people of our state against 
disaster, terrorism, and other threats.
  This funding will help make necessary improvements to the facility, 
including expanding space and improving security and survivability, 
addressing shortfalls identified in a 2007 review by the Federal 
Emergency Management Agency. These funds are also expected to create 
approximately 20 new construction jobs, which are urgently needed in my 
State, where the unemployment rate has reached a staggering 12.1 
percent.
  I urge my colleagues to oppose the Feingold amendment so that we do 
not deprive Rhode Islanders of the resources needed to meet federal 
requirements for effective emergency response efforts.
  The ACTING PRESIDENT pro tempore. The Senator from Washington.
  Mrs. MURRAY. I ask unanimous consent that there be 10 minutes of 
debate prior to a vote in relation to the Feingold amendment No. 1402, 
that no amendment be in order to the amendment prior to a vote in 
relation thereto, with the time equally divided and controlled between 
Senators Murray and Feingold or their designees.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Who yields time?
  The Senator from Wisconsin.
  Mr. FEINGOLD. Let's be clear. We just heard two good examples by the 
Senators from New York and Montana. These are not separate programs 
they have fought for. They are not even separate earmarks. These are 
earmarks carved out of a program for emergency operations centers that 
were supposed to be based on the merits, a comparative analysis that 
can be highly technical of where it is most needed and where it is less 
needed, so there is some kind of opportunity for all of us to compete 
openly for these dollars for our States to make sure the American 
people are protected to the maximum extent.
  We have the Senator from New York talking about Mount Vernon being 
near New York City, where, of course, the 9/11 attacks were. That is 
understandable. But if it is that strong of a case, why can't it be 
made on the merits? Then we have a completely different kind of place--
Montana. I will not say for a minute that the Senator from Montana 
doesn't have a case. He talks about the greater Flathead Valley. Yes, 
he would know more about that place than anybody else in the Senate, 
but does that mean his case for that particular location is so 
overwhelming that it should not be reviewed in comparison to those of 
us who have similar concerns?
  A majority of my State was covered with flooding waters last June. We 
did not have an adequate emergency operations center. We would like to 
be able to compete for these dollars in an open and fair manner through 
a program that has been designated for that purpose on the merits, not 
because somebody happened to sit on a particular committee or was able 
to get an earmark. Whether it is a threat to human lives in New York or 
Montana, if these Senators are confident they can make the case, they 
should make the case on the merits.
  I say to the Senator from New York, whom I am thrilled to have in 
this body, Senators should be able to exercise their judgment. The 
Senators of this body exercised their judgment to help create the 
Emergency Operations Center Program. That program, which Senators help 
create, is supposed to be based on merit. That was the judgment of the 
Senators, not that some individual Senator would say: Hey, I heard from 
somebody in my area that this is important, and that should override 
the will of the Senate and the government that this be done in this 
way.
  I remind everybody, the President has suggested that this program 
should not even continue unless we can get to merit-based consideration 
because that is the whole idea behind it. When the lives of American 
people are threatened by disasters and terrorist threats, our decisions 
should have something to do with the comparative needs and risks to the 
American people, not whether somebody is able to get an earmark.
  I reserve the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from Washington.
  Mrs. MURRAY. Mr. President, I rise in opposition to the amendment to 
eliminate congressionally directed allocations of emergency operations 
center construction funding. The committee bill before the Senate today 
contains emergency operations center funding of about $20 million. This 
emergency operations center construction program is an authorized 
activity under the Stafford Act. The 9/11 Act which was approved by the 
Senate on a vote of 85 to 8 in July of 2007 reaffirmed this program by 
approving an amendment to the Stafford Act to adjust the Federal cost 
share for these projects from 50 percent to 75 percent.
  Emergency operations centers are critical to the effective 
coordination of emergency response, which we all know is necessary to 
save lives. The State of Texas, for example, has used these Federal 
funds to improve communications equipment and warning systems for its 
emergency operations center. The Texas EOC was used effectively in 
Presidentially declared disasters such as Hurricanes Katrina, Rita, 
Dean, and others; major flooding in El Paso and Wichita Falls; 
wildfires in 2006, 2008, and 2009; a tornado in Eagle Pass; and, of 
course, the recent H1N1 influenza outbreak. The EOC in each one of 
those cases was the critical node for communication between the layers 
of government.
  The OMB assertion that the EOC program duplicates other programs is 
really without merit. While EOC construction is an allowable activity 
under several grant programs, State and local governments have not 
chosen to use that discretion for this purpose.
  Since 2004, only $16.6 million out of the $11.5 billion of other DHS 
grant funds has been used by State and local governments for EOC 
construction, only one-tenth of 1 percent. The Emergency Management 
Performance Grants Program has provided a mere $755,000 to EOC 
construction. It is clear that the demands for the funds in these 
programs is great. In order to effectively administer emergency 
management programs and to equip and train first responders, there is 
not sufficient

[[Page 17010]]

funding for EOC construction. In this committee bill, over half of the 
total amount made available for emergency operations center 
construction is available for competitive award.
  I have listened to the Senator make some very persuasive arguments. I 
remind all of us that what we are providing is accountability and 
visibility for where those dollars are going. It is not being done in 
some bureaucracy where we cannot see it. It is laid out in this bill, 
and we have heard the arguments of many Senators here on why those 
funds are being appropriated to where they are. So I urge opposition to 
the amendment.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. Who yields time?
  Mr. FEINGOLD. Mr. President, I inquire of the Chair, how much time 
remains on each side?
  The ACTING PRESIDENT pro tempore. There is 2 minutes 24 seconds to 
the Senator from Wisconsin and 1 minute 54 seconds to the Senator from 
Washington.
  The Senator from Wisconsin is recognized.
  Mr. FEINGOLD. Mr. President, I appreciate the comments of the Senator 
from Washington. I want to be clear because it is very easy for people 
listening to this debate to think we are trying to eliminate the 
Emergency Operations Center Program. That is the opposite of the case. 
This cleans it up and makes sure every State can fairly compete for it. 
So the truth is, this earmarking is the opposite of the accountability 
the Senator from Washington refers to. It creates the absence of 
accountability. There is no real scientific or needs-based analysis. It 
is just which Senator can get an earmark. It not only harms the 
program, it is gutting the program when 10 States, without serious 
analysis, get 50 percent of the money, and 40 States have to compete 
for all the rest.
  The Feingold-McCain amendment would prevent earmarking of FEMA 
predisaster mitigation and emergency operations center grants. It does 
not eliminate them. While we may not all agree on the appropriateness 
of earmarking in general, I hope we can agree that grants that are 
supposed to protect Americans from terrorist attacks and natural 
disasters should be awarded on the basis of merits, not politics.
  Currently, the Senate bill directs half of the emergency operations 
center funds to only 10 States. The House earmarks all of these funds 
and a fourth of the predisaster mitigation funds. Last year, FEMA only 
funded a tiny fraction of the emergency operations center applications 
it received because 64 percent of the funding went to earmarks. That is 
not accountability. That is ruining a perfectly legitimate program the 
people set up to help people face the possibility of disaster.
  Many past earmarks would not have even qualified for the grants under 
the established guidelines. Again, President Obama has pressed to 
ensure that these funds are awarded competitively and on the basis of 
risk; and he has said, if not, the program should be canceled. We can 
make sure this does not happen by adopting this amendment.
  Mr. President, I reserve the remainder of my time.
  Ms. LANDRIEU. Mr. President, I rise today to speak in opposition to 
the Feingold amendment, No. 1402, which the Senate will vote on 
shortly.
  This amendment would restrict Congress's ability to direct spending 
to meritorious projects for emergency operations centers and 
predisaster mitigation projects.
  The Senate bill includes funding for the North Louisiana Regional 
Emergency Operations Center in Lincoln Parish, which is a project that 
I supported, and I would like to say a few words about it.
  This EOC will serve 29 parishes in Louisiana that represent 43 
percent of the State's land mass and 27 percent of its total 
population.
  It will provide north Louisiana with a command center for emergency 
response throughout the region and in bordering States. It will also 
serve as a staging area for emergency responders and resources and 
offer training opportunities for firefighting and public safety.
  Louisiana conducted the largest evacuation in American history last 
year as Hurricane Gustav approached our shores, and north Louisiana 
sheltered a majority of those evacuees. When Hurricane Ike struck 12 
days later, north Louisiana received thousands of additional evacuees 
from Texas who fled that storm's path.
  Mr. President, I have received letters of support from four statewide 
agencies and seven sheriffs for this project, and I ask unanimous 
consent that those letters be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         State of Louisiana, Governor's Office of Homeland 
           Security and Emergency Preparedness,
                                    Baton Rouge, LA, June 6, 2008.
     Re Lincoln Parish Public Safety Complex

     Sheriff Mike Stone,
     Lincoln Parish Sheriff's Office,
     Ruston, LA.
       Dear Sheriff Stone: On behalf of the Governor's Office of 
     Homeland Security and Emergency Preparedness, I would like to 
     extend to you my full endorsement and support of the proposed 
     construct of the Lincoln Parish Public Safety Complex. It is 
     my understanding that this complex will be available for 
     regional training opportunities and could be used, upon 
     request, by a number of public safety agencies in support of 
     joint training throughout your region.
       The concept of regional training is acutely in line with 
     state and federal initiatives and readily supports all levels 
     of regional training objectives. The purpose and goal of this 
     project is an obvious testimony of your dedication towards 
     the betterment of critically needed public safety skills. The 
     construction of this collaborative agency project will 
     obviously lend itself to the safety and well-being of all our 
     citizens in the Northern Louisiana region.
       In summary, this letter serves as my official endorsement 
     of this project in addition to providing you with our 
     continuing pledge of support and commitment towards 
     endeavoring along side our dedicated public safety responder 
     partners. I am pleased to support this initiative and look 
     forward to working with our fellow public safety officers for 
     the benefit of the entire North Louisiana region.
           Yours truly,
                                                   Mark A. Cooper,
     Director.
                                  ____

         Department of Public Safety and Corrections, Public 
           Safety Services,
                                  Baton Rouge, LA, March 28, 2007.
       To Whom It May Concern: Our agency, Louisiana State Police, 
     wishes to endorse the proposed Lincoln Parish Public Safety 
     Complex which will house state and local agencies responsible 
     for the safety and security of Lincoln Parish.
       More than 20 acres of land has been allocated for this 
     Complex by the Lincoln Parish Police Jury. This prime 
     property is located adjacent to the Lincoln Parish Detention 
     Center on Road Camp Road near Hwy 33, about one mile north of 
     I-20.
       This letter serves as our official endorsement of this 
     project as well as notification that we would like to be 
     allocated office space and use of the facilities for our 
     organization.
       We thank you for your consideration of this worthy endeavor 
     and look forward to our working relationship with other 
     public safety entities in Lincoln Parish.
           Sincerely,
                                             Colonel L. Whitehorn,
     Superintendent, Louisiana State Police.
                                  ____

                                                     Department of


                                Public Safety and Corrections,

                                       Monroe, LA, March 23, 2007.
       To Whom It May Concern: Our agency, Department of Public 
     Safety & Corrections--Division of Probation & Parole/Adult, 
     wishes to endorse the proposed Lincoln Parish Public Safety 
     Complex which will house state and local agencies responsible 
     for the safety and security of Lincoln Parish.
       More than 20 acres of land has been allocated for this 
     Complex by the Lincoln Parish Police Jury. This prime 
     property is located adjacent to the Lincoln Parish Detention 
     Center on Road Camp Road near Hwy 33, about one mile north of 
     I-20.
       This letter serves as our official endorsement of this 
     project as well as notification that we would like to be 
     allocated office space and use of the facilities for our 
     organization.
       We thank you for your consideration of this worthy endeavor 
     and look forward to our working relationship with other 
     public safety entities in Lincoln Parish.
           Sincerely,

                                      Arlena Zeigler-McDonald,

                                           District Administrator,
                                   Division of Probation & Parole.

[[Page 17011]]

     
                                  ____
         State of Louisiana, Department of Wildlife and Fisheries, 
           Office of Secretary,
                                     Baton Rouge, LA, May 2, 2007.
       To Whom It May Concern: Our agency, Louisiana Department of 
     Wildlife and Fisheries, wishes to endorse the proposed 
     Lincoln Parish Public Safety Complex which will house state 
     and local agencies responsible for the safety and security of 
     Lincoln Parish.
       More than 20 acres of land has been allocated for this 
     Complex by the Lincoln Parish Police Jury. This prime 
     property is located adjacent to the Lincoln Parish Detention 
     Center on Camp Road near Hwy 33, about one mile north of I-
     20.
       This letter serves as our official endorsement of this 
     project. We thank you for your consideration of this worthy 
     endeavor and look forward to our working relationship with 
     other public safety entities in Lincoln Parish.
           Sincerely,
                                           Bryant O. Hammett, Jr.,
     Secretary.
                                  ____

                                           Louisiana Department of


                                       Agriculture & Forestry,

                                  Baton Rouge, LA, April 23, 2008.
       To Whom It May Concern: The Louisiana Department of 
     Agriculture and Forestry wishes to support the proposed 
     Lincoln Parish Public Safety Complex which will house state 
     and local agencies responsible for the safety and security of 
     Lincoln Parish.
       More than 20 acres of land has been allocated for this 
     Complex by the Lincoln Parish Police Jury. This prime 
     property is located adjacent to the Lincoln Parish Detention 
     Center on Road Camp Road near Highway 33, about one mile 
     north of I-20.
       We thank you for your consideration of this worthy endeavor 
     and look forward to our working relationship with other 
     public safety entities in Lincoln Parish. With kindest 
     regards, I remain . . .
           Sincerely,
                                                      Mike Strain,
     Commissioner.
                                  ____



                            Bienville Parish Sheriff's Office,

                                    Arcadia, LA, February 5, 2008.
     Hon. Mike Stone,
     Sheriff, Lincoln Park
     Ruston, Louisiana.
       Dear Sheriff Stone: It has been brought to my attention 
     that Lincoln Parish is currently seeking funds for a public 
     safety complex that would be available for regional training 
     opportunities. This regional training concept would be very 
     advantageous to all surrounding public safety agencies which 
     currently have no such facility available.
       I wholeheartedly support your endeavors to see that Lincoln 
     Parish, as well as the surrounding parishes, has a ``state of 
     the art'' facility to provide much needed training on a 
     regional basis. You have my commitment to be part of any 
     training that would be beneficial to my department as well as 
     others throughout North Louisiana.
           Sincerely,
                                                 John E. Ballance,
     Sheriff.
                                  ____



                                     Claiborne Parish Sheriff,

                                      Homer, LA, February 4, 2008.
     Sheriff Mike Stone,
     Lincoln Parish Sheriff's Office
     Ruston, LA.
       Dear Sheriff Stone: I, Sheriff Ken Bailey, of the Claiborne 
     Parish Sheriffs Office am in support of the proposed Lincoln 
     Parish Public Safety Complex. I understand that this complex 
     will be available for regional training opportunities and 
     could be used, upon request, by our organization for joint 
     training with other entities in our region.
       This concept of regional training opportunities is very 
     much in line with federal and state initiatives with regard 
     to cooperative endeavors and regions working together for the 
     safety and well-being of all our citizens.
       Again, this letter serves as my official endorsement of 
     this project as well as notification that we would 
     participate in regional efforts that support public safety in 
     our area. We ore pleased to support this endeavor and look 
     forward to working with our fellow public safety officers for 
     the benefit of this entire North Louisiana region.
           Sincerely,
                                                       Ken Bailey,
     Claiborne Parish Sheriff.
                                  ____

                                                    Jackson Parish


                                         Sheriff's Department,

                                  Jonesboro, LA, February 4, 2008.
     Sheriff Mike Stone,
     Lincoln Parish Sheriff's Office,
     Ruston, LA.
       Dear Sheriff Stone: Sheriff Andy Brown, of the Jackson 
     Parish Sheriff's Office am in support of the proposed Lincoln 
     Parish Public Safety Complex. I understand that this complex 
     will be available for regional training opportunities and 
     could be used, upon request, by our organization for joint 
     training with other entities in our region.
       This concept of regional training opportunities is very 
     much in line with federal and state initiatives with regard 
     to cooperative endeavors and regions working together for the 
     safety and well-being of all our citizens.
       Again, this letter serves as my official endorsement of 
     this project as well as notification that we would 
     participate in regional efforts that support public safety in 
     our area. We are pleased to support this endeavor and look 
     forward to working with our fellow public safety officers for 
     the benefit of this entire North Louisiana region.
           Sincerely,
                                                       Andy Brown,
     Sheriff.
                                  ____

                                                   Ouachita Parish


                                         Sheriff's Department,

                                     Monroe, LA, February 1, 2008.
     Sheriff Mike Stone,
     Lincoln Parish Sheriff's Office,
     Ruston, LA.
       Dear Sheriff Stone: Please allow this letter to serve as my 
     official endorsement of the proposed Lincoln Parish Public 
     Safety Complex. The Ouachita Parish Sheriff's Office supports 
     this effort and all regional efforts to enhance public safety 
     in our area.
       It is my understanding that this facility will be available 
     for regional training opportunities and by our organization 
     for joint training with other Departments in our region. 
     Regional training fits in well with current initiatives being 
     promoted by State and Federal agencies.
       It is my pleasure to support this project. The Ouachita 
     Parish Sheriff's Office is looking forward to working with 
     and supporting other agencies of this region in the interest 
     of public safety.
           Sincerely
                                                   Richard Fewell,
     Ouachita Parish Sheriff.
                                  ____



                                        Sheriff--Union Parish,

                                Farmerville, LA, January 30, 2008.
     Sheriff Mike Stone,
     Lincoln Parish Sheriff's Office,
     Ruston, LA.
       Dear Sheriff Stone: I, Sheriff Robert G. ``Bob'' Buckley of 
     the Union Parish Sheriff's Office, am in support of the 
     proposed Lincoln Parish Public Safety Complex. I understand 
     that this complex will be available for regional training 
     opportunities and could be used, upon request, by our 
     organization for joint training with other entities in our 
     region.
       This concept of regional training opportunities is very 
     much in line with federal and state initiatives with regard 
     to cooperative endeavors and regions working together for the 
     safety and well-being of all our citizens.
       Again, this letter serves as my official endorsement of 
     this project as well as notification that we would 
     participate in regional efforts that support public safety in 
     our area. We are pleased to support this endeavor and look 
     forward to working with our fellow public safety officers for 
     the benefit of this entire North Louisiana region.
           Sincerely,
                                        Robert G. ``Bob'' Buckley,
     Sheriff--Union Parish.
                                  ____



                                      Sheriff--Webster Parish,

                                     Minden, LA, February 1, 2008.
     Sheriff Mike Stone,
     Lincoln Parish Sheriff's Office,
     Ruston, LA.
       Dear Sheriff Stone: I, Sheriff Gary Sexton of the Webster 
     Parish Sheriff's Office am in support of the proposed Lincoln 
     Parish Public Safety Complex. I understand that this complex 
     will be available for regional training opportunities and 
     could be used, upon request, by our organization for joint 
     training with other entities in our region.
       This concept of regional training opportunities is very 
     much in line with federal and state initiatives with regard 
     to cooperative endeavors and regions working together for the 
     safety and well-being of all our citizens.
       Again, this letter serves as my official endorsement of 
     this project as well as notification that we would 
     participate in regional efforts that support public safety in 
     our area. We are pleased to support this endeavor and look 
     forward to working with our fellow public safety officers for 
     the benefit of this entire North Louisiana region.
           Sincerely,
                                                      Gary Sexton,
     Sheriff.
                                  ____



                                   Lincoln Parish Police Jury,

                                       Ruston, LA, March 26, 2007.
     Re Support for Lincoln Parish Public Safety Complex.

       To Whom It May Concern: The Lincoln Parish Office of 
     Homeland Security and Emergency Preparedness fully supports 
     the proposed Lincoln Parish Public Safety Complex. The 
     Complex will be available to house state and local agencies 
     responsible for the security and safety of the citizens of 
     Lincoln Parish. The Lincoln Parish Police Jury has agreed to 
     provide twenty acres of land across from the Lincoln Parish 
     Detention Center for this project. This property is located 
     on the Road Camp Road near LA 33 approximately one mile north 
     of Interstate 20. The Police Jury is willing to work to 
     secure alternative sites if required.
       The Lincoln Parish Office of Homeland Security and 
     Emergency Preparedness would also be interested in receiving 
     an allocation or use of space in the proposed facility. I

[[Page 17012]]

     look forward to working with the other Public Safety entities 
     in Lincoln Parish to move this worthwhile project forward.
       Thank you for your consideration of this important project. 
     If you have any questions that I can answer please do not 
     hesitate to call.
           Sincerely,
                                               Dennis E. Woodward,
           Lincoln Parish Director, Office of Homeland Security & 
                                           Emergency Preparedness.

  Ms. LANDRIEU. Supporters include the Louisiana Office of Homeland 
Security and Emergency Preparedness, Louisiana State Police, Louisiana 
Department of Public Safety and Corrections, Louisiana Department of 
Wildlife and Fisheries, Louisiana Department of Agriculture and 
Forestry, and sheriffs from the parishes of Bienville, Claiborne, 
Jackson, Lincoln, Ouachita, Union, and Webster.
  The State of Louisiana has already dedicated $144,000 to this 
project, and Lincoln Parish has donated land worth $400,000 to 
accommodate the proposed facility.
  This funding represents a shared commitment on the part of State and 
local government that will ensure cost-efficiency and mission success.
  The Constitution provides Members of Congress with the authority and 
responsibility to provide funding for national programs and priorities.
  I support full transparency into the appropriations process, and 
stand by this funding request on behalf of the people of my State.
  The ACTING PRESIDENT pro tempore. The Senator from Washington.
  Mrs. MURRAY. Mr. President, we have had a vigorous debate on the 
amendment, and I appreciate the passion of the Senator from Wisconsin 
on this issue. But I again remind my colleagues, what we have had is a 
very passioned debate, and we have had a thoughtful debate about where 
these funds are going to go, which, to me, means the Senate is thinking 
about where their Federal dollars they have out there are going to go 
and it brings visibility and light. We all have an opportunity now to 
have a vote on that.
  I again urge a ``no'' vote on this amendment.
  Mr. President, I believe the time of the Senator from Wisconsin is 
used up at this point.
  The ACTING PRESIDENT pro tempore. The Senator from Wisconsin has 19 
seconds.
  Mr. FEINGOLD. Mr. President, I yield it back, and if it is 
appropriate, I ask for the yeas and nays.
  Mrs. MURRAY. Mr. President, if the Senator from Wisconsin yields his 
time back, I will yield my time back.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  All time is yielded back.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Byrd) 
and the Senator from Massachusetts (Mr. Kennedy) are necessarily 
absent.
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 38, nays 60, as follows:

                      [Rollcall Vote No. 221 Leg.]

                                YEAS--38

     Barrasso
     Bayh
     Bingaman
     Bunning
     Burr
     Carper
     Chambliss
     Coburn
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Graham
     Gregg
     Inhofe
     Isakson
     Johanns
     Kaufman
     Klobuchar
     Kyl
     Lieberman
     Lugar
     Martinez
     McCain
     McCaskill
     Risch
     Snowe
     Thune
     Udall (NM)
     Vitter
     Webb
     Wicker

                                NAYS--60

     Akaka
     Alexander
     Baucus
     Begich
     Bennet
     Bennett
     Bond
     Boxer
     Brown
     Brownback
     Burris
     Cantwell
     Cardin
     Casey
     Cochran
     Collins
     Dodd
     Dorgan
     Durbin
     Gillibrand
     Grassley
     Hagan
     Harkin
     Hatch
     Hutchison
     Inouye
     Johnson
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Specter
     Stabenow
     Tester
     Udall (CO)
     Voinovich
     Warner
     Whitehouse
     Wyden

                             NOT VOTING--2

     Byrd
     Kennedy
       
  The amendment (No. 1402) was rejected.
  Mrs. MURRAY. Mr. President, I move to reconsider the vote.
  Mr. DURBIN. Mr. President, I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mrs. MURRAY. Mr. President, I 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.
  Mr. KYL. 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.
  Mr. KYL. Mr. President, I believe there is an amendment pending. If I 
am correct in that, I ask unanimous consent to lay that aside for the 
purpose of getting an amendment pending.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.


                Amendment No. 1432 to Amendment No. 1373

  Mr. KYL. Mr. President, I send to the desk an amendment with an 
original cosponsor, Senator McCain.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The bill clerk read as follows:

       The Senator from Arizona [Mr. Kyl], for himself and Mr. 
     McCain, proposes an amendment numbered 1432.

  The amendment is as follows:

  (Purpose: To strike the earmark for the City of Whitefish Emergency 
                           Operations Center)

       On page 33, line 10, strike ``no less'' and all that 
     follows through ``Montana;'' on line 12.

  Mr. KYL. Mr. President, since this amendment deals with an earmark in 
the State of Montana, I will make my comments with respect to it at a 
time when Senator Tester can be here. I know he wants to oppose the 
amendment. We can debate that at a time that is mutually convenient for 
the two of us.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Utah is 
recognized.


                Amendment No. 1428 to Amendment No. 1373

  Mr. HATCH. Mr. President, I ask unanimous consent that the pending 
amendment be temporarily set aside, and I call up amendment No. 1428.
  The ACTING PRESIDENT pro tempore. Is there objection to setting aside 
the amendment?
  Without objection, it is so ordered. The clerk will report.
  The bill clerk read as follows:

       The Senator from Utah [Mr. Hatch], for himself, Mr. 
     Menendez, Mr. Nelson of Florida, and Mrs. Gillibrand, 
     proposes an amendment numbered 1428.

  Mr. HATCH. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. HATCH. Mr. President, I rise today to offer an amendment to the 
Homeland Security Appropriations bill that will extend, for 3 years, 
the Special Immigrant Non-Minister Religious Worker Visa Program and 
the Conrad 30 Program. In addition, my amendment addresses the 
immigration-related hardships caused by the death of a sponsoring 
relative.
  Let me say a few words about the Special Immigrant Non-Minister 
Religious Worker Visa Program. The program provides for up to 5,000 
special immigrant visas per year which religious denominations or 
organizations in the United States can use to sponsor foreign nationals 
to perform religious service in our country. To date, the Special 
Immigrant Non-Minister Religious Worker Visa Program has been extended 
six times. However, Congress has started a very poor practice of 
extending this program in 6-month spurts--making it extremely difficult 
for agency officials to administer the program and for religious groups 
to make long-term plans for their critical staffing needs.

[[Page 17013]]

  Lest some people think this is not an important program worthy of our 
attention, let me tell you about the services nonminister religious 
workers perform. These selfless workers provide human services to the 
most needy, including shelter and nutrition; caring for and ministering 
to the sick, aged, and dying; working with adolescents and young 
adults; assisting religious leaders as they lead their congregations 
and communities in worship; counseling those who have suffered severe 
trauma and/or hardship; supporting families, particularly when they are 
in crisis; offering religious instruction, especially to new members of 
the religious denomination; and helping refugees and immigrants in the 
United States adjust to a new way of life.
  I am aware of the concerns that some of my colleagues have about 
fraud within this program, and I am equally concerned. Yet I want to 
make it clear. The figures used to taint this program are outdated and 
not reflective of where things stand currently. U.S. Citizenship and 
Immigration Services, USCIS, is in the process of completing the 
implementation of rules and procedures promulgated in November 2008 to 
eliminate fraud. This includes regular site visits. Additionally, an 
inspector general report, just issued a few weeks ago, confirms that 
USCIS has developed a credible process to deter and detect nonminister 
petition fraud.
  To ensure that we continue to keep on top of this issue, I have 
insisted that language in the proposed amendment require a report from 
USCIS, within 90 days of enactment, to identify the risks of fraud and 
noncompliance by program participants. Additionally, USCIS will be 
required to provide a detailed plan that describes the actions taken by 
the agency against noncompliant program participants and future 
noncompliant program participants. Three months after providing this 
report to Congress, USCIS will be required to provide a report on the 
progress made in reducing the number of noncompliant participants of 
this program.
  I want to assure my colleagues that fraud in any government program 
is totally unacceptable to me. And I believe the extra steps included 
in the legislation will further the progress USCIS has made in 
eliminating and preventing fraud in this important program.
  Mr. President, please note that there are several religious 
organizations that support passage of the Special Immigrant Non-
Minister Religious Worker Visa Program, including The Church of Jesus 
Christ of Latter-day Saints, the American Jewish Committee, the Agudath 
Israel of America, the Catholic Legal Immigration Network, Inc., the 
Church Communities International, the Conference of Major Superiors of 
Men, the Hebrew Immigrant Aid Society, the Lutheran Immigration and 
Refugee Service, the Mennonite Central Committee, the United States 
National Association of Evangelicals, the National Spiritual Assembly 
of the Bahai of the United States, The Church of Scientology 
International, The First Church of Christ, Scientist, Boston, MA, the 
United Methodist Church, the General Board of Church and Society, the 
World Relief, and the U.S. Conference of Catholic Bishops.
  No doubt our country's religious organizations face sometimes 
insurmountable obstacles in using traditional employment immigration 
categories to fit their unique situations.
  Fortunately, the Non-Minister Religious Worker Visa Program allows 
our country's religious denominations to continue uninterrupted in 
their call to serve and provide support to those who are in the 
greatest need. I commend their service and hope they know how much I 
respect their work.
  Let me take a moment to say a few words about the Conrad 30 Program, 
which was created in 1994. The Conrad 30 Program allows foreign 
doctors, who are already in the United States, and who have been 
trained in the United States, to extend their stay in the country if 
they agree to practice in medically underserved communities in the U.S. 
for 3 years. The program, which is run at the State level, has brought 
over 8,500 doctors to underserved areas across the country, and to all 
50 States. However, it expires in September. My amendment also will 
extend the Conrad 30 Program for 3 years.
  The Immigration and Nationality Act, INA, imposes what has become 
known as the ``widow penalty,'' requiring the deportation of 
individuals whose pending applications for green cards are rejected 
because their citizen spouse died within the first 2 of marriage. This 
amendment remedies this unintended and unjustified administrative 
procedure.
  Under current law, when a U.S. citizen marries a noncitizen, the 
noncitizen is eligible to become a legal permanent resident and receive 
a green card. During the first 2 years of marriage, the only way this 
can be accomplished is through a petition that the citizen files on the 
noncitizen spouse's behalf. The noncitizen cannot self-petition for 
legal permanent resident status until the marriage has lasted for 2 
years.
  If, however, the citizen spouse dies while the petition, through no 
fault of the couple, remains pending. This is often unfair; delays are 
often caused by agency workload or issues which are not the fault of 
the petitioners. The petition automatically is denied. The noncitizen 
is immediately deemed ineligible for legal permanent residence and 
therefore becomes deportable. This is the case even if ample evidence 
of a bona fide marriage, such as cohabitation, shared finances, exists. 
It is often the case even if a couple had a U.S. born child.
  Because of the widow penalty, well-intentioned widows who have played 
by the rules face immediate deportation. During the 110th Congress, 
efforts to persuade the USCIS to address the issue administratively 
were unsuccessful. In the current administration, Secretary Napolitano 
has directed that the Department of Homeland Security to review a 
number of immigration issues, including the ``widow penalty,'' and has 
decided to defer action on deporting widows for up to 2 years to allow 
time for Congress to fix the problem.
  There have been more than 200 ``widow penalty'' victims, including a 
woman whose husband died while serving overseas as a contractor in 
Iraq; a woman whose husband died trying to rescue people who were 
drowning in the San Francisco Bay; and a woman who was apprehended by 
Federal agents when she went to meet with immigration authorities to 
plead her case she was placed in shackles, and sent to a detention 
facility.
  This amendment will end the harsh and unfair ``widow penalty'' by 
allowing the petition to be adjudicated even though the spouse has 
died. The proposed legislation affects only a small class of 
individuals who still would be required to demonstrate that they had a 
bona fide marriage before receiving a green card. Thus, USCIS would 
retain the discretion to deny petitions, but they would no longer deny 
them automatically in response to the death of the citizen spouse.
  The amendment also includes provisions to clarify that the government 
should continue to process the immigration applications of immigrants 
who are already waiting to receive an immigrant or other visa under 
certain conditions.
  Specifically, the bill would protect orphans, parents and spouses of 
United States citizens by allowing them to continue their applications 
through the family immigration system in cases where the citizen's or 
resident's relative died if the individual self-petitions within 2 
years; allow the spouse and minor children of family-sponsored 
immigrants and derivative beneficiaries of employment-based visas to 
benefit from a filed visa petition after the death of a relative or 
adjust status on the basis of a petition filed before the death of the 
sponsoring relative if the application is filed within 2 years; allow 
the spouse and minor children of refugees and asylees to immigrate to 
the U.S. despite the death of the principal applicant and allow them to 
adjust their status to permanent residence; provide processes to reopen 
previously denied cases and allow individuals to be paroled into the 
U.S. in cases

[[Page 17014]]

where the sponsoring relative died after submitting an immigration 
application, and promote efficient naturalization of widows and 
widowers by allowing the surviving spouse to continue with a 
naturalization application as long as the deceased spouse was a citizen 
of the United States during the 3 years prior to filing.
  The bill ensures that all widows and orphans would have to comply 
with affidavit of support requirements to ensure they do not become a 
public charge. The bill includes provisions to make sure that all 
widows and orphans who benefit under this act are subject to current 
numerical limitations on visa issuance. The bill also provides a limit 
on issuance of visas for widows where the spouse died over 10 years 
ago: only 100 visas would be available for individuals whose spouses 
died before 1999.
  I urge my colleagues to support passage of this important 
legislation.
  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.
  Mr. McCAIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Merkley.) Without objection, it is so 
ordered.


                Amendment No. 1406 to Amendment No. 1373

  Mr. McCAIN. Mr. President, I have an amendment at the desk. I see it 
as 1404, which is to strike the Loran-C Program. It is at the desk. It 
could be 1406.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending amendment?
  Mrs. MURRAY. Reserving the right to object, can we get the correct 
number?
  Mr. McCAIN. Pending me finding the right number, I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. McCAIN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCAIN. Thanks to my crack staff, that amendment number is 1406. 
I ask unanimous consent that the pending amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain] proposes an amendment 
     numbered 1406 to amendment No. 1373.

  Mr. McCAIN. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To strike the provision relating to the Loran-C signal, as 
                   recommended by the Administration)

       On page 75, line 15, strike all through page 77, line 16.

  Mr. McCAIN. Mr. President, I would imagine that my colleagues 
remember that several months ago the President announced there would be 
a number of significant cuts in spending in order to try to bring 
unnecessary and wasteful programs under control. The President 
announced there would be some $41 billion saved over the next decade, 
and the administration, as part of its budget submission, recommended 
terminating or reducing 121 Federal programs that were estimated to 
save the taxpayers $41 billion over the next decade.
  That announcement by the President was greeted with certainly 
applause and appreciation by most Americans since we are amassing 
multitrillion-dollar deficits. Unfortunately, it seems pretty clear 
these budget cuts the administration recommended terminating are not 
being terminated.
  We have had votes already on at least two of them, and now we are 
about to talk about another one that would achieve a savings of some 
$36 million in 2010, and $190 million over 5 years, not a small amount 
of money, at least in the old days before we got into trillion-dollar 
and multitrillion-dollar deficits.
  So what this amendment does is seek to strike the Loran-C Program. In 
the interest of full disclosure, Loran was around when I was in the 
Navy, so obviously it is a pretty old program. The President and the 
administration called it ``obsolete technology.'' I certainly agree.
  The administration stated in its budget submission--and I have that 
somewhere--and I quote from it:

       The Loran-C is a federally provided radio navigation system 
     for civil marine use in U.S. coastal areas. The Nation no 
     longer needs this system because the nationally supported 
     civilian Global Positioning System [known to us as GPS] has 
     replaced it with superior capabilities. As a result, Loran-C, 
     including recently technological enhancements, serves only 
     the remaining small group of longtime users. It no longer 
     serves any governmental function, and it is not capable as a 
     backup for GPS.

  I want to point out again to my colleagues, that is not my view, and 
I will enumerate a number of governmental agencies that agree with 
that. But several Federal agencies, including the Departments of 
Defense, Transportation, and Homeland Security, already have backup 
systems for their critical GPS applications, and the termination of 
Loran-C does not foreclose future development of a national backup 
system. It nearly stops the outflow of taxpayers' dollars to sustain a 
system that does not now and will not in its current state serve as a 
backup to GPS. That is pretty strong and pretty direct and pretty clear 
language.
  Obviously, the administration is proposing to terminate the 
terrestrial-based, long-range radio navigation system, Loran-C, 
operated by the Coast Guard because it is obsolete technology.
  Accounting for inflation, this will achieve a savings of $36 million 
in 2010 and $190 million over 5 years. Again, I point out this is one 
of 121 terminations or cuts the President of the United States 
announced the administration wanted done and, of course, many Americans 
believed they would be achieved. So far we haven't done one. I am sure 
we may, but we have not done one.
  In 2005 numerous Federal agencies called for the termination of this 
program, as I mentioned earlier, including the Coast Guard; the 
Secretary of Defense; Secretary of Transportation, representing the 
Federal Aviation Administration; and the Secretary of Homeland 
Security, representing the Coast Guard.
  All signed, in October 2005, a report that stated the Department of 
Defense has determined that Loran is no longer needed as a positioning, 
navigational, or timing aid for military users, and ``with respect to 
aviation, the FAA has determined that sufficient alternative navigation 
aids exist in the event of a loss of GPS-based services, and, 
therefore, Loran is not needed as a back-up navigation aid for aviation 
users.'' And, ``with respect to maritime safety, the United States 
Coast Guard has determined that sufficient back-ups are in place to 
support safe maritime navigation in the event of a loss of GPS-based 
services, and, therefore, Loran is not needed as a back-up navigational 
aid for maritime safety.''
  It is not a new debate. Once programs come into being, they are 
almost impossible to kill, and we may not be able to kill this one. The 
votes so far have indicated there certainly is not a harboring of 
success. This is a GAO report, the U.S. Government General Accounting 
Office, dated September 18, 1981. The report States:

       DOT, [Department of Transportation] should terminate 
     further Loran-C development and modernization exploit the 
     potential of the Navstar global position system, [i.e. GPS.]

  Remarkable. 1981. So the report goes on--and I will not waste too 
much time going into it--but the GAO obviously found that the Coast 
Guard--

       We have completed a follow-up review on our March 21, 1978 
     report. The report concluded that the Department of Defense's 
     DOD satellite-based Navstar GPS could be a national asset, 
     could replace many existing navigation systems at substantial 
     savings.

  The report considered these systems, including the Department of 
Transportation's Loran-C system, to be

[[Page 17015]]

unneeded by the early 1990s and cautioned against further investment in 
Loran-C. It also recommended that the Secretary of Transportation 
become more involved in the GPS program to ensure the timely 
availability of low-cost civil receivers. Obviously, we have low-cost 
civil receivers.
  So beginning in 1981 and here we are 28 years later trying to 
terminate a program that literally every agency of government is trying 
to kill. But will we succeed? Again, the votes so far do not indicate 
that.
  Yesterday there was an article by Mr. Walter Alarkon, which says.

       Democrats ignore Obama's cuts. Congressional Democrats are 
     largely ignoring President Obama's $19.8 billion in budget 
     cuts. The President proposed axing dozens of programs that he 
     said were inefficient or ineffective, but Members of the 
     House Appropriations Committee are including the money for 
     them.

  Over here on this side of the Capitol we are doing the same thing. 
The Associated Press:

       Congress largely is ignoring Obama budget cuts. Lawmakers 
     have yet to deal with most controversial proposed cuts. Obama 
     proposed the cuts last month after what he promised would be 
     a line-by-line scrub of the Federal budget to counter 
     Republican charges that he is spending the country into too 
     much debt. The House has already rejected his effort to kill 
     a $400 million program that helps States with the costs of 
     incarcerating criminal illegal immigrants, and a homeland 
     security spending bill up for a House vote this week keeps in 
     place the World War II era Loran-C maritime navigation system 
     that Obama wanted to ax even though it has been rendered 
     obsolete by the modern global positioning system.
       The homeland security measures also preserve $12 million 
     for bus systems--

  That is the one that died, the amendment we tried to kill yesterday 
that died 51 to 47--

     and $40 million in grants to local governments for emergency 
     operations centers.

  That one was not approved today by a vote of 60 to 38.

       All told, lawmakers in both parties--California Republicans 
     were the driving force in preserving the State Criminal Alien 
     Assistance Program--have combined to preserve more than $750 
     million worth of cuts suggested by Obama.
  From Politico:

       Democrats make show of budget cuts.

  That was on June 23.

       With growing public concern about the deficit and billions 
     still backed up in President Obama's economic recovery 
     program, just how do Democrats sell another 8 percent 
     increase in discretionary spending this summer? Some of the 
     terminations are less than advertised.

  It goes on and on.
  I applaud the President's commitment cutting some of these programs. 
I spoke out at the time when he said they would go line by line, when 
he said they would have budget cuts that were significant, that there 
would be billions of dollars saved in unwanted, unnecessary programs 
and spending. Why don't we in Congress get that message?
  If we continue on this path--and we probably will; I have been around 
this body long enough to see where the votes are; the appropriators 
have the control here--I will strongly suggest that the President start 
vetoing some of these bills, something the previous administration 
should have done and the previous President should have done. I came to 
the floor and fought against these earmark pork-barrel projects in the 
last administration, just as I am with this one.
  Yesterday I offered an amendment to strip funding for a program the 
administration had declared unnecessary and sought to terminate. The 
amendment was defeated, and only 12 Members of the President's party 
supported the amendment seeking to implement the administration's 
recommendation. When are we going to get serious about making tough 
choices around here?
  I know there are other amendments in line. Let me sum up. This system 
is an aid to navigation for ships at sea and in rivers and lakes that 
long ago was replaced by something called GPS, the global positioning 
system. We have them in our cars. They are easily available to be 
bought at very low price at most any of our stores and outlets. I am 
sure one could draw a scenario where somehow all satellites fall from 
the sky and we are deprived of Loran-C, but that is sheer foolishness. 
If we don't kill this program, which was recommended to be terminated 
by GAO in September of 1981, it is pretty obvious we are not going to 
be able to reduce or terminate funding for any program, once it gets 
into production and once it gets its sponsors in the Congress.
  I strongly recommend that my colleagues understand that we can't keep 
spending this kind of money. We just can't do it. We are laying a 
terrible burden on our children and grandchildren. This is some $36 
million for next year, $190 million for the next 5 years. For anybody 
who has a rudimentary understanding of what GPS provides and how 
obsolete Loran-C is, it is willful ignorance.
  I urge colleagues, let's, for a change, stand up for the American 
taxpayer. Let's stand up for the taxpayer and our children and 
grandchildren. In this era of $10 trillion debts and trillion-dollar-
plus deficits, does $36 million in 2010 and $190 million over 5 years 
matter? I think it matters in that we ought to at least sometimes stop 
business as usual. People are not able to stay in their homes, not 
keeping jobs. Unemployment is at an all-time high. And we are going to 
waste another $36 million?
  How many people could stay in their homes, how many people could we 
employ in small businesses, how many people could educate their kids 
with this $36 million for next year? There is something wrong here that 
we continue to spend like this, when America is going through the 
toughest recession in our history. Time after time we come to the floor 
and try to terminate obsolete programs. We try to stop the wasteful and 
unnecessary pork-barrel spending and earmarks. What do we get? We get 
majority votes against it.
  Don't be surprised when the TEA parties get bigger around the 
country. Don't be surprised when more and more Americans register as 
Independents because they think both sides of the aisle are guilty. 
Don't be surprised when Americans in every way that they can express 
their extreme dissatisfaction with our spending habits and the 
corruption that exists as a result.
  It is time we started standing up for the American people and not the 
special interests that are the sponsors of Loran-C and so many wasteful 
and unnecessary programs we continue to see increase in spending, when 
every other American family is having to tighten their belts and 
decrease spending, if they are able to spend at all.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Burris). The Senator from Washington.
  Mrs. MURRAY. Mr. President, I thank the Senator from Arizona for 
offering this amendment. Indeed, Loran-C was established after World 
War II as a navigational tool for our mariners and aviators. The 
President has proposed to terminate Loran-C stations on October 1, 
2009, with the justification that the federally supported civilian 
global positioning system is now the primary navigational tool and the 
Loran-C is no longer needed by the Armed Forces or by the 
transportation sector or by the Nation's security interests. The Office 
of Management and Budget has also told us that many agencies, including 
the Department of Homeland Security, the Department of Transportation, 
and the Department of Defense, do, as the Senator stated, already have 
backup systems for GPS.
  I want to set the record straight about what this committee mark does 
have in it that is before us. It does provide for the orderly 
termination of Loran-C beginning January 4, 2010. So the underlying 
bill does terminate the Loran-C program, and it does so in a way that 
allows the Coast Guard the time to inform the public and provide for 
the orderly termination of that program. The committee bill continues 
operations of Loran-C until January 4, 2010. Then the program is 
terminated.
  Contrary to the sponsor's statement yesterday, there is not $35 
million in this bill for Loran-C. This bill does have $18 million. The 
President in his request did include no funding to pay for the cost to 
terminate these stations. According to the Coast Guard, which has 
provided us information, they do need this funding to remove

[[Page 17016]]

the high-value equipment and electronics hazardous material. They need 
it to remediate the environmental concerns and to fund a variety of 
measures to secure the sites until they are fully decommissioned. This 
money is not to continue the operation of Loran-C. It is to terminate 
it in a way that is proper and makes sure that while we remove these 
stations, we are doing it in a responsible way.
  What we do in the committee mark is to make sure that the Coast Guard 
doesn't have to take away money from critical missions--search and 
rescue or drug interdiction or marine safety or environmental 
compliance--to terminate this program. We did include funding so that 
the Loran-C stations could be shut down responsibly.
  The administration has sent us a statement of administration policy. 
I ask unanimous consent that it be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                   Statement of Administration Policy


  H.R. 2892--Department of Homeland Security Appropriations Act, 2010

       (Senator Inouye, D-Hawaii, July 7, 2009)
       The Administration strongly supports Senate passage of H.R. 
     2892, with the committee-reported text of S. 1298, making 
     appropriations for the Department of Homeland Security for 
     the fiscal year ending September 30, 2010.
       As we face difficult economic and fiscal decisions, it is 
     important to make efficient and effective investments. The 
     Department of Homeland Security Appropriations Act, 2010, as 
     considered by the Senate Committee, makes important 
     investments in transportation systems, cyber security, 
     innovation and job creation, security for our borders, and 
     emergency response. This legislation serves as an important 
     piece of the Nation's economic recovery.
       The Administration would like to take this opportunity to 
     share additional views regarding the Committee's version of 
     the bill.


                    Federal Protection Service (FPS)

       The Administration is pleased that the Committee supports 
     the transfer of FPS to the National Protection and Programs 
     Directorate (NPPD). This transfer will properly align the 
     activities of FPS and NPPD, while allowing Immigration and 
     Customs Enforcement to focus on its key immigration 
     enforcement mission. The Administration plans to provide 
     additional details to the Congress in support of the FPS 
     transition and realignment of these responsibilities in the 
     next few weeks.


                           E-Verify Extension

       The Administration appreciates the Committee's support for 
     E-Verify by fully funding the request and including a three-
     year reauthorization to continue operations. This critical 
     program supports immigration enforcement and promotes 
     compliance with immigration laws.


  Federal Emergency Management Agency's (FEMA's) Disaster Relief Fund

       The Committee significantly underfunds the Disaster Relief 
     Fund (DRF). In an effort to implement a more transparent 
     funding process for DRF, the Administration's $2 billion 
     request is based on a methodology that incorporates 
     historical costs associated with FEMA's response for non-
     catastrophic incidents.


                          Loran-C Termination

       The Administration appreciates the Committee's support for 
     termination of the Loran-C radio navigation system. The 
     Administration supports the Committee's aim to achieve an 
     orderly termination through a phased decommissioning 
     beginning in January 2010, and the requirement that 
     certifications be provided to document that the Loran-C 
     termination will not impair maritime safety or the 
     development of possible GPS backup capabilities or needs.


                          Immigration Services

       The Congress is urged to provide the requested funding to 
     reform immigration fees. Eliminating the practice of passing 
     on costs for refugees and asylees to other applicants for 
     immigration benefits is an important first step to improve 
     the accuracy, transparency, and fairness of immigration fees.
       The Administration strongly urges the Congress to provide 
     additional resources to support and expand successful 
     immigrant integration programs across the country.

  Mrs. MURRAY. It says:

       The Administration appreciates the committee's support for 
     termination of the Loran-C radio navigation system. The 
     administration supports the committee's aim to achieve an 
     orderly termination through a phased decommissioning, 
     beginning in January 2010, and the requirement that 
     certifications be provided to document that the Loran-C 
     termination will not impair maritime safety or the 
     development of possible GPS back-up capabilities or needs.

  So the administration has said that the committee is complying with 
what they have asked us to do which is to terminate the Loran-C 
program.
  The aim of the amendment is unclear to me. What it actually does is 
strip the Coast Guard of the authority we have provided in the 
underlying bill to terminate a program that will indeed save taxpayers 
$36 million a year.
  The way the amendment is written, I oppose it because it will take 
away what the committee has written in here to terminate the Loran-C 
program, as the President has requested, in a responsible way, to do it 
in a way that we deal with the mitigation that needs to be done when we 
remove equipment such as this. The amendment that has been offered will 
actually strip the Coast Guard of the authority to do just that.
  The committee bill does what the Senator is asking us to do. It does 
it in a timely and responsible way and does terminate the Loran-C 
program.
  I urge colleagues to support the committee amendment that does it in 
a responsible way.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, the distinguished chairman left out a 
couple of items. One, it will still cost an additional $18 million, if 
the program is terminated by January 4, 2010.
  The interesting thing, when we read the bill on pages 75, 76, and 77, 
there is a list of caveats that have to be achieved in order for that 
to happen. How many times have I seen around here a determination made 
that they will terminate a program if the following criteria are met? 
The limitations in the bill are that termination will not adversely 
impact the safety of maritime navigation, the system is not needed as a 
backup to the GPS or any other Federal navigation, if the Commandant 
makes a certification. The Commandant doesn't have to make a 
certification. The Coast Guard has already said they don't want it. It 
needs no certification.
  From the language of the bill:

       Not later than 30 days after such certification pursuant to 
     subsection (b), the Commandant shall submit to the Committee 
     on Appropriations of the Senate and House of Representatives 
     a report setting forth a proposed schedule for the phased 
     decommissioning of the Loran-C system infrastructure in the 
     event of the decommissioning of such infrastructure in 
     accordance with subsection (c).
       If the Commandant makes the certification described in 
     subsection (b), the Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, may, 
     notwithstanding any other provision of law, sell any real or 
     personal property under the administrative control of the 
     Coast Guard and used for the Loran system, by directing the 
     Administrator of General Services to sell such real and 
     personal property . . .

  So after the completion of such activities, the unexpended balance 
shall be available for any other environmental compliance and 
restoration. Why not stop it now? Why not stop it now? Why spend an 
additional $18 million? Why open this? Since 1981, we have been trying 
to kill it. Why open it for an additional period of time when clearly 
this system needs to stop?
  With all due respect to the Senator from Washington, let's stop it 
now. We can stop it now. We know it can be stopped now. We don't have 
to spend an additional $18 million on the program.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington.
  Mrs. MURRAY. Mr. President, the Senator and I are on the same page. 
We want to terminate this program. But we have a responsibility, as 
oversight, to make sure that we do it in a way that mitigates any 
problems that are out there.
  We have high-value equipment. We have electronic hazardous materials 
that are out there. The Coast Guard--whoever is responsible--has to 
remediate the environmental concerns. They need to secure these sites 
where the Loran-Cs are. That is what this funding is for, to make sure 
it is done responsibly.
  If we do not provide the funds in this amendment, the Coast Guard 
will be required to take the money to do that out of other very 
important missions that many of us care about, whether it

[[Page 17017]]

is search and rescue or drug interdiction or marine safety or threats 
of terrorism. We do not want the Coast Guard to have to take away that 
money to do that.
  I want to specifically say again, the amendment before us, the way it 
is written, strikes the language that the President requested to 
provide for the orderly termination by providing authority to sell the 
Loran-C assets. If this amendment is adopted, they will not be able to 
sell the Loran-C assets and thereby save taxpayer dollars.
  I understand where the Senator is coming from. I know his past 
concerns about this program. We are going to shut it down. That is what 
this amendment does. The commandant, who is, in our language, being 
asked to certify, goes at the behest of the President. As the Senator 
from Arizona well knows, the President has said he wants the program 
shut down, and that is what this committee is trying to do, in a 
responsible way, to save taxpayer dollars in the long run and 
specifically to be able to sell the Loran-C assets so the taxpayers can 
regain their money at the end of the day.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, in 2007 I offered this direct amendment. 
We spent 3 hours on it on the Senate floor. Everybody agreed we needed 
to get rid of this program then. We had some concerns. The thing I do 
not understand is why we are waiting the extra 5 months to shut down a 
program. There is nobody who needs this program. That 5 months--just 
that 5 months of continuing the program--costs the American taxpayers 
$18 million.
  So if, in fact, we are going to shut down the program, I would like 
to understand the logic of turning it down in January instead of 
October 1.
  First of all, nobody is using this system now. Nobody is using it. 
Why can't they notify in 3 months all the people--which is zero--who 
are using this today? The other question is, why does it take $35 
million? Where is the backup detail that shows what the costs will be? 
Maybe it is $18 million.
  Mrs. MURRAY. It is $18 million.
  Mr. COBURN. So why does it take $18 million? There are only seven 
stations left, and we are talking about facilities that are smaller 
than these four desks. Tell me how it takes $2.5 million per buoy to 
shut them down. Only from Washington would it take that much money. 
Where is the basis for the knowledge that it takes $18 million?
  Mr. McCAIN. Mr. President, will the Senator yield for a question?
  Mr. COBURN. Mr. President, I am happy to yield for a question.
  Mr. McCAIN. Mr. President, I am sure the Senator understands from the 
budget of the U.S. Government for fiscal year 2010 that the Office of 
Management and Budget submitted to the Congress, it says the 
administration is proposing to terminate and achieve a savings of $36 
million in 2010, and now the Senator from Washington is obviously 
contradicting what we were told by the administration, which is what we 
wanted.
  How it could cost $18 million, as you say, to shut down seven sites, 
and not be allowed to sell off valuable assets, of course, is 
foolishness. Of course the government sells off assets that are 
extraneous assets all the time without the permission or the need to 
have legislation.
  Is the Senator aware of that?
  Mr. COBURN. Mr. President, I would tell the Senator from Washington, 
first of all, I do appreciate that the Senator is attempting to shut 
this down, and I thank the Senator for that. It has been long overdue. 
But I do question the amount of money it takes to shut this down. We 
know the bureaucracies always want more money than what is necessary. 
You have allowed in this bill that whatever is not used they can plow 
back into anything they want to use it for.
  Why would we not terminate it at the end of the fiscal year? Every 
month we are running it, it costs $3 to $4 million--$3 to $4 million. I 
know it does not seem like a lot when we are going to have a $1.8 
trillion budget deficit this year, but I do not understand why we would 
not do it.
  I say to the Senator, I appreciate the fact that he is doing it. I 
think it can be done for a lot cheaper, and I think it could be done 
sooner, and I would hope the committee would consider that.
  With that, Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I ask for the yeas and nays on this 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  At this moment there is not a sufficient second.
  Mr. COBURN. There is not?
  The PRESIDING OFFICER. There is now a sufficient second.
  The yeas and nays were ordered.
  Mr. McCAIN. Mr. President, I yield the floor.
  Mr. COBURN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MERKLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MERKLEY. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                  Consumer Financial Protection Agency

  Mr. MERKLEY. Mr. President, today, colleagues, I rise to give voice 
to my strong support for President Obama's proposal to create a 
consumer financial protection agency separate from our prudential 
banking regulators. I believe establishing this new independent agency 
is critical to protecting the economic security of the American middle 
class and ensuring the stability of our financial system and the banks 
within it.
  Let me share with you a story about Ira Cheatham. Ira is a 73-year-
old retired veteran of the Korean war. I think his story helps explain 
why we need to do more to protect middle-class economic security. Ira 
and his wife lived in Portland, OR, for 21 years. By 2002, this couple 
had nearly paid off their mortgage. But a few years ago, in the midst 
of the subprime boom, the family received what looked like a check from 
their bank, their mortgage company, a check for $1,000. Ira cashed in 
the check. Ira did not realize that the check actually represented a 
high-interest loan.
  Within a week or two after cashing the check, the family received a 
call from their mortgage company urging the couple to consolidate this 
$1,000 loan with their credit card debt into a single mortgage. This 
family had excellent credit, and the mortgage company promised the 
couple they would receive an interest rate between 5 and 6 percent, 
which would have reduced monthly payments.
  Based on this promise, the couple agreed. But what they soon 
discovered was they had been assigned an interest rate of 11.8 percent. 
Moreover, the loan contained discount points financed into the loan, 
inflating the loan amount and stripping away equity in the house. Under 
this new subprime loan, the mortgage payments swelled to $1,655--nearly 
60 percent of the family's monthly income.
  Having discovered this, it would have been great if this family could 
have simply refinanced. But in the loan was a $7,500 prepayment 
penalty; in other words, stripping them of another $7,500. Once they 
discovered what they had been trapped into--what they had been tricked 
into--they were then locked into this prepayment penalty that would 
further decimate their equity.
  They did not have many good options--an unsustainable interest rate, 
an outrageous prepayment penalty--but, finally, they took and did what 
they had to do, which was to pay that prepayment penalty in order to 
refinance their mortgage with another lender.
  Our financial marketplace has become infested with these kinds of 
predatory lending products and practices that exploited this elderly 
couple and millions of other families across this

[[Page 17018]]

Nation. Now these practices are commonplace because they are not 
regulated. They are commonplace because they are highly profitable. 
They are embedded in documents inches thick in a home loan. They are 
written in light gray ink on the back of a check. When deposited, you 
have actually signed a financial document.
  Well, these types of tricks and traps are unacceptable. Mr. 
President, $2.7 trillion in losses to subprime writedowns only 
scratches the surface of the total cost of this economic catastrophe--a 
catastrophe that would have been avoided if banks had sold stable prime 
loans instead of tricking and trapping families into volatile subprime 
loans.
  In short, we need to reestablish strong consumer protection in our 
financial markets. The solution is simple and should have been adopted 
a long time ago: centralizing financial consumer protection regulation 
in a single agency, an agency that is not compromised by having another 
mission, another mission of regulating monetary policy or another 
mission of overseeing the stock market or another mission here or 
there; no, a mission responsible to the consumers of this Nation of 
financial products that says our transactions are going to be 
transparent, the terms are going to be clear, we are going to get rid 
of the tricks and traps.
  Many of you know we recently passed a bill in this Chamber on credit 
cards to get rid of the tricks and traps we know of in the credit card 
industry. That is a tremendous step forward. But who would doubt--who 
in this Chamber would doubt; who in America would doubt--that within 12 
months we will have a new set of tricks and traps?
  You cannot simply legislate every time one of these is created. You 
need a consumer financial products agency to oversee this process, to 
make sure we protect the consumer from new, clever ways of stripping 
Americans' wealth. Establishing a strong consumer financial protection 
agency would be a major step forward in protecting the economic 
security of working Americans. There are folks who say: You know what, 
we are making a lot of money. We don't want this type of regulation.
  Let's draw a parallel here to consumer products in other areas. How 
about toys for our children. There are folks who would say: No, we 
shouldn't regulate the quality of toys, we shouldn't regulate whether 
there are small parts that will choke our child, we shouldn't regulate 
whether there are exploding parts that might take out an eye, we 
shouldn't regulate the lead in the paint, because this reduces choice. 
But we have recognized that when it comes to consumer products 
appearing in our homes, we need to have ongoing oversight to make sure 
products are fair and safe, and we need to do the same thing in the 
financial world.
  The failure to regulate has had an enormous toll: $700 billion in 
taxpayer money spent to bail out our banks, $12.2 trillion in household 
wealth lost in America since 2007, and the tragedy of millions of 
Americans losing their homes and their jobs. Those are the real costs 
of failing to regulate financial consumer protection.
  Let's look at a few things such an agency would do.
  First, it would mean less bureaucracy and less cost. Each of our 
banking regulators already has a consumer protection obligation, a 
consumer protection division. Three of four Federal banking agencies 
have separate consumer protection functions from the rest of the 
agency. Now, that mission is often set aside, that mission is often 
ignored, in light of the other missions of the agency, but it is far 
more effective, cost-effective, to have these missions combined into a 
single entity with the responsibility directly to consumers.
  A second concern has been that it would be a mistake to have folks 
who offer financial products provide a simple, plain-vanilla product as 
a comparison to give them a framework for the contract being put before 
them. But these types of straightforward, plain-vanilla comparisons are 
very useful to consumers to allow them to make an informed choice. In 
the long term, a smarter consumer produces better competition between 
those who provide these products because now they are forced to compete 
not on tricks and traps but on transparency, on consumer service--
customer service--and that is a positive thing. It means real 
competition in terms of price. I think our community financial 
institutions in particular would have a stronger claim in such new 
business because who provides better consumer service than our local 
community bankers?
  Third, a consumer protection agency would clear the field of 
unregulated bad actors whose competition lowers standards across 
financial products. Well, I wish to draw a bit of an analogy here to a 
football game. Imagine a football game where only one side gets called 
for penalties. That is what happens when you have one responsible 
financial player and another that isn't abiding by any sort of fairness 
or transparency. That does not produce good competition. If only your 
opponent can jump the line or face mask or get away with just about 
anything without penalty flags being thrown, how is your team going to 
compete? That is the challenge the responsible players have in the 
marketplace today. Well, let's not put them in such a difficult 
position. Let's make sure all of the players are acting responsibly, 
and that is the role such an agency would carry on.
  We need a consumer financial protection agency to protect the hard-
earned wealth of hard-working Americans--Americans like the elderly 
couple I told the story about earlier, Americans like Maggie from 
Salem, OR. Maggie paid her credit card bill on time, and then what 
happened? She was charged a late fee.
  So she called up and said: Why is that?
  The credit card company said: Well, you know what, we get to sit on 
your payment for 10 days before we post it, so technically you are late 
even though you paid us early.
  Maggie said: Where is the fairness in that?
  Folks like Maggie across this country are asking that simple 
question: Where is the fairness in that?
  Our consumers deserve fairness. Let's not try to have short-term 
profits that undermine the success of our families by stripping wealth 
through tricks and traps. Let's have our consumers say: Isn't it great 
that here in America we make sure there is fairness in our financial 
products, that we don't try to depend on tricks and traps that strip 
wealth from elderly couples, strip wealth from young families trying to 
raise children, that take away the opportunities of those families to 
provide for their children. Let's put a referee into the game again. We 
need this agency.
  Thank you, Mr. President. I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington.


                           Amendment No. 1406

  Mrs. MURRAY. Mr. President, my understanding is the Senator from 
Maine would like 10 minutes to speak on the McCain amendment. I ask 
unanimous consent that following the remarks of the Senator from Maine, 
the Senate vote in relation to the McCain amendment, with no other 
amendments in order prior to the vote on the McCain amendment, in 
relation to the amendment.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from Maine is recognized.
  Ms. COLLINS. Mr. President, I rise in opposition to the amendment 
offered by the Senator from Arizona.
  Let me start with some background on the Loran system since it may 
not be familiar to many of our colleagues. This is a radio navigation 
system with 24 land-based transmitters which are operated by the Coast 
Guard that can be used to determine the location and speed of the 
receiver. Some mariners and aviators use the current system, which is 
known as Loran-C, for navigation, while others have switched to the GPS 
system. An upgraded Loran system, which is known as eLoran, would use 
Loran-C transmitting stations as

[[Page 17019]]

its foundation and it would serve as a backup to GPS as well as a 
primary navigational tool.
  This infrastructure would provide the foundation that is necessary to 
have a backup for the GPS. If we abandon the Loran-C system, as Senator 
McCain has advocated, we would lose the considerable investment of $160 
million we have already made to deploy the eLoran system, and this 
system is one that a joint Department of Homeland Security and 
Department of Transportation assessment team has recommended as the 
backup for GPS.
  Why do we need a backup for GPS? The fact is GPS is vulnerable to 
atmospheric interference and jamming. A loss of the GPS signal for even 
a short duration and in an isolated region would adversely affect cell 
phone coverage, the national power grid, and air traffic.
  Our Nation needs a reliable backup. This isn't just my opinion. This 
is the considered opinion of an independent assessment team that just 
filed its final report in January of this year. One of the previous 
speakers referred to a GAO report that is over 25 years old. I am 
talking about an assessment that was just completed in January of this 
year. DHS and the Department of Transportation jointly commissioned an 
assessment team that included a diverse group of senior decisionmakers 
and experts from government, academia, and industry. This team reviewed 
40 previous reports, interviewed the key stakeholders, industry 
representatives, and other experts, and received 980 comments on what 
should be done, and 93 percent of those comments were in favor of 
maintaining the Loran system--93 percent.
  Listen to who some of the commentators were. Sprint Nextel, which is 
the supplier of critical communications capabilities, and the 
Department of Energy's National Nuclear Security Administration both 
stated that they currently use the Loran system and that they support 
upgrading to eLoran as a backup and complement to the GPS system. The 
Department of Energy moves controlled nuclear material around the 
country and uses Loran-C as ``an active and robust supplement to GPS.'' 
This is the Department of Energy's Nuclear Security Administration 
telling us it needs and relies on the Loran-C system. They describe it 
as an active and robust supplement to GPS. The Department of Energy 
uses Loran-C to provide location information on nuclear material in the 
event of blocked visibility, solar storms, and intentional jamming of 
the GPS system.
  In January of this year, when the team released its report, it 
unanimously concluded that the eLoran should serve as the national 
backup system for GPS and that the Loran-C infrastructure should be 
maintained until we have full deployment of the eLoran.
  Think what we are doing if this amendment passes. What we are 
proposing is to discontinue a system that is being relied upon by the 
Department of Energy and countless other users. That is why this 
independent assessment team--this isn't my opinion, this is the 
independent assessment team's conclusion--says we must maintain the 
current system until we have fully transitioned to the eLoran system, 
which will be the backup for GPS. What is being proposed by this 
amendment is to discontinue the Loran-C system prior to having a backup 
in place. That makes no sense whatsoever.
  Again, I would emphasize that this was a unanimous conclusion of the 
Department of Homeland Security and the Department of Transportation's 
independent assessment team as of January of this year. It is the 
newest assessment we have. It is the most complete review that has ever 
been done.
  The fact is, the weaknesses in the GPS system are well known. A GAO 
report published in May raised serious concerns regarding the near- and 
long-term health and reliability of the GPS network, noting that there 
is a high risk--that is GAO's assessment--that the Air Force will not 
be able to meet its schedule for the deployment of GPS satellites. The 
Department of Defense predicts that over the next several years, many 
of the older satellites will reach the end of their operational life 
faster than they will be able to be replaced.
  A Wall Street Journal article in June concluded that the GPS 
satellite system--the article cited new interference problems with the 
signals being transmitted by recently launched GPS satellites, raising 
additional serious concerns about the timeline for the deployment of 
the next generation of GPS satellites.
  The assessment team reported on a GPS interference incident in San 
Diego that lasted 3 hours. The GPS system is not failproof. It can be 
intentionally interfered with or it can stop operating due to 
atmospheric conditions.
  The eLoran would fulfill the requirement established in National 
Security Presidential Directive 39 for a backup to GPS. This is a 
modest investment of funds to make sure we do not experience a 
dangerous gap.
  Another myth we keep hearing is that there hasn't been sufficient 
study into the issue of whether a backup is needed for the GPS system. 
In fact, as I have indicated, eLoran has been exhaustively studied. The 
result of these successive scientific and budgetary analyses is that 
eLoran represents the most cost-effective backup to GPS.
  Again, that is not just my opinion. That is the unanimous conclusion 
of the independent assessment team that was established by the 
Department of Homeland Security and the Department of Transportation.
  I urge the defeat of the amendment.
  The PRESIDING OFFICER. Under the previous order, the question is on 
agreeing to amendment No. 1406, offered by the Senator from Arizona, 
Mr. McCain.
  The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Byrd) 
and the Senator from Massachusetts (Mr. Kennedy) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 37, nays 61, as follows:

                      [Rollcall Vote No. 222 Leg.]

                                YEAS--37

     Barrasso
     Bayh
     Bennet
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Risch
     Roberts
     Sessions
     Thune
     Udall (CO)
     Vitter
     Wicker

                                NAYS--61

     Akaka
     Alexander
     Baucus
     Begich
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Dodd
     Dorgan
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Udall (NM)
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--2

     Byrd
     Kennedy
       
  The amendment (No. 1406) was rejected.
  Mrs. MURRAY. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. MURRAY. Mr. President, we have made great progress over the last 
day on the Homeland Security Appropriations bill. This is a very 
important bill that provides for the security of this country.

[[Page 17020]]

  We have made good progress with a number of amendments that we have 
worked our way through today. We intend to finish this bill tomorrow. 
We ask Senators from either side of the aisle to notify either myself 
or the Senator from Ohio, who is managing for the Republicans on this 
bill, to let us know this evening if they have any amendments they want 
to be considered; otherwise they may find themselves not able to offer 
their amendment.
  So we ask all Members to please let us know, the managers of this 
bill, this evening if there are any amendments you will require a vote 
on tomorrow. We do intend to finish this bill tomorrow.
  I also notify Members that the majority leader intends to file 
cloture on this bill tonight. If we cannot work our way through it 
tomorrow, we will be here Friday voting on cloture. So I again ask 
Members to work with us to finish this bill in a very timely manner.
  We have got a lot of work done. We expect that we can finish it 
tomorrow in a timely fashion if we get the cooperation of all Members. 
I urge Members to get their amendments in to either myself or the 
Republican manager of this bill by this evening so we can move forward 
tomorrow.
  The PRESIDING OFFICER. The Senator from Arizona.


                           Amendment No. 1432

  Mr. KYL. Mr. President, taking the chairman up on her offer, let me 
speak on an amendment I got pending earlier today. It is amendment No. 
1432. This is an amendment to strike an earmark in the bill. It is a 
$900,000 earmark for the city of Whitefish emergency operations center 
in Montana. That is all the amendment does. The amendment does the same 
thing the administration did in that it terminates a program that the 
Obama administration terminated in its budget. It is one of several 
projects that was terminated in the budget submission.
  I do not strike the program because I agree or disagree with it. I 
think you could make an argument that it is a reasonable thing to do. I 
suspect my colleague from Montana will make that argument. That is not 
the point. As the administration pointed out, the point is there is a 
way to do these projects and then there is a way not to do them. The 
way not to do them is through earmarks.
  The Whitefish emergency operations center has not been subject to a 
congressional hearing, nor has it been authorized by Congress. 
Moreover, not only did the administration not request funding for the 
project, they specifically zeroed out the funding.
  On the floor the day before yesterday--or maybe it was yesterday; I 
have forgotten now--my colleague Senator McCain described several 
projects, including this project, and noted why it and other earmarks 
in the bill should not proceed.
  He said: The earmarks are in the bill for one reason and one reason 
only, because of the selective prerogatives of a few Members of the 
Senate. Sadly, these Members chose to serve their own interests over 
those of the American taxpayers.
  His point also was not that the project is either good or bad, but as 
the administration noted, there is a way to do it and a way not to do 
it that is fair to all of the States and to all of the Members, and 
that way is to have those subject to authorization and then 
appropriated.
  Senator Feingold also on the floor yesterday noted:

       While we all may not agree on the appropriateness of 
     earmarking in general, I certainly hope we can agree that 
     certain things should not be earmarked, including FEMA grant 
     programs such as those that protect Americans from terrorist 
     attack.

  I think he is absolutely right, which is why I voted for his 
amendment earlier this afternoon. These are important projects. These 
are FEMA projects to protect the American people. Why should they be 
subject to the earmarking process rather than regular order? Again, 
that is exactly what the administration had earlier concluded.
  I think it is wrong when we are funding projects with very scarce 
Federal dollars in the name of homeland security and the decision on 
what to fund is based on the influence of a Senator or a House Member 
rather than the security risk to Americans.
  Especially at a time when unemployment has reached nearly 10 percent 
and many Americans are obviously hurting a great deal, is it 
appropriate for Congress to make funding decisions in this manner? Is 
this the message we want to be sending to our constituents: If you have 
political power, you can get money earmarked. If you do not, then your 
community is going to suffer. We are already spending $44.3 billion on 
this bill. That is $96 million above the President's request and 7 
percent above last year's level. Those amounts are significant. And 
that increase does not include nearly $2.8 billion in stimulus funding.
  Current budget projections indicate that we will add, on average, 
nearly $1 trillion a year to the public debt level from the $7 trillion 
to date, to $17 trillion in 2019. We have all heard the statistic 
before that the President's budget doubles the debt in 5 years, triples 
it in 10 years.
  The President's administration said there are some things we should 
not fund in the way they are funded in this bill. All I am doing is 
agreeing with the administration not to add more debt on top of what 
has already been accumulated.
  The path forward is not sustainable. I think the head of the OMB has 
made that point. So I think we need to start making tough decisions 
around here and we need to respect the congressional budget process. It 
seems to me the easiest way to make a tough budget decision is when, on 
a matter of process, we can all agree it is not the right way to 
proceed.
  That is why I think this particular project, though the amount of 
money is relatively small, is still a good candidate to show we can 
make those tough decisions as a way of demonstrating to the American 
public that at least we are willing to start somewhere.
  Finally, I will reiterate, I am not here to argue the merits of this 
project. I am sure my colleague from Montana will describe its merits 
in glowing terms. To me, that is not the point. The point is that the 
administration has said this emergency operations grant program should 
be terminated, it should not exist, we should not spend money on it 
because this is the wrong way to spend money.
  In the document entitled ``Terminations, Reductions and Savings,'' in 
that volume of the President's fiscal year 2010 budget, the 
administration states:

       The Administration is proposing to eliminate the Emergency 
     Operations Center (EOC) Grant Program in the 2010 Budget 
     because the program's award allocations are not based on a 
     risk assessment. Also, other Department of Homeland Security 
     grant programs can provide funding for the same purpose more 
     effectively.

  I think that rationale demonstrates why we need to support my 
amendment to eliminate this part. This is only one part of that grant 
program. But it is a part that I think would at least illustrate to the 
American people that we want to begin the process and spend this money 
in the right way.
  I ask unanimous consent that the part of the budget designated 
``Termination: Emergency Operations Center Grant Program,'' which 
describes what the administration has said, be printed at the 
conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. KYL. I understand that a little bit later we will be able to 
reach an agreement on voting on several of the amendments. This 
amendment presumably will be voted on sometime tomorrow. I would hope 
the proponents and opponents would have a minute each prior to the vote 
to reiterate their arguments and would hope my colleagues would support 
amendment No. 1432.

                               Exhibit 1

         Termination: Emergency Operations Center Grant Program


                    Department of Homeland Security

       The Administration is proposing to eliminate the Emergency 
     Operations Center (EOC) Grant Program in the 2010 Budget 
     because the program's award allocations are not

[[Page 17021]]

     based on risk assessment. Also, other Department of Homeland 
     Security grant programs can provide funding for the same 
     purpose more effectively.

                             FUNDING SUMMARY
                        [In millions of dollars]
------------------------------------------------------------------------
                                                                  2010
                                            2009       2010      Change
                                          Enacted    Request   from 2009
------------------------------------------------------------------------
Budget Authority.......................         35          0        -35
------------------------------------------------------------------------

                             Justification

       The 2008 EOC Grant Program was established to improve 
     emergency management and preparedness capabilities for State 
     and local communities by supporting flexible, sustainable, 
     secure, and interoperable EOCs with a focus on addressing 
     identified deficiencies and needs. However, this focus was 
     compromised, and by 2009, 60 percent of the EOC grant funds 
     were congressional earmarks not allocated by merit-based 
     criteria.
       The EOC Grant Program uses award criteria that are not 
     risk-based, and the Administration supports a risk-based 
     approach to homeland security grant awards. This is the best 
     way to allocate resources in order to maximize security gains 
     for the Nation.
       In addition, in 2009, EOC construction and renovation was 
     approved as an allowable expense under the Emergency 
     Management Performance Grant Program, thus providing a more 
     effective funding mechanism through which potential grantees 
     prioritize expenditures on EOCs against other emergency 
     management initiatives.

  Mrs. MURRAY. Mr. President, I assure the Senator that we do intend to 
vote on this amendment tomorrow morning. There will be time prior to 
the vote. We will work out an agreement with the Senator on how much 
time.
  The Senator from Montana is on his way to the floor right now to 
debate this amendment. I think the Senate has a right to listen to him.
  I will say this, having been in the Senate for a long time, we 
respect other Senators and the knowledge they have about their States. 
And when they come and talk to one of our committees about a specific 
need, we listen to them and respect what they know.
  I certainly know the Senator from Montana knows this area very well. 
He has visited it numerous times. He understands the deep concerns that 
face this region and knows exactly why they need an emergency 
operations center there. He made a very good argument to the 
subcommittee, and the subcommittee included it in our mark that is 
before the Senate today.
  The Senator was out on the floor earlier today talking about the 
importance of having an emergency center located at Whitefish. I will 
tell all of my colleagues that it is easy to pick out one earmark 
because it is in someone else's State or region. I am not from Montana, 
but I certainly respect the Senator from Montana when he tells me that 
Montana has suffered numerous natural disasters in recent years, 
including, I remember, a devastating fire at Glacier National Park.
  I do not know all of the geography of this region, but do know that 
this emergency center in Whitefish, as the Senator from Montana talked 
to us about it, supports Glacier National Park. That is a national park 
that all of us have a responsibility for. It is next to an Indian 
reservation, and Federal land with Federal responsibility. When we talk 
about an emergency center that assures that we protect the assets of 
this Nation, I think the Senator from Montana is right in telling our 
subcommittee that an emergency center is needed there.
  The EOCs respond to a lot more than terrorist threats. I remind all 
of my colleagues of fires, floods, earthquakes, tornados, hurricanes, 
and countless other disasters.
  I notice that the Senator from Montana is on the floor and he can 
describe to all of us the importance of this EOC in his region.
  Disasters happen anywhere in this country at any time, and our local 
communities have got to have the tools they need to be able to respond 
effectively, especially when they are next to national assets such as 
Glacier National Park and an Indian reservation that the Senator will 
describe to us. But I want to remind all of our colleagues that these 
so-called earmarks, congressional mandates that we put into these 
bills, are here because the Senator has come to the subcommittee, 
described it to us in detail, put them up on their Web sites, and 
everyone has an opportunity to look at them.
  This subcommittee marked up in subcommittee and full committee and 
had an opportunity to listen to the Senator from Montana describe the 
need. We respected the wishes of an individual Senator and his 
understanding of why this emergency operations center was so badly 
needed in his State. In having the respect of other Senators, this 
Senate can do the will of the people.
  The interesting thing I think all of us should recognize, in writing 
out where these are going to be, we actually have them in the light of 
day. They are held accountable. We do have votes on them. People are 
able to see them. If we just pass funds over to an agency, these 
decisions are made without any input from people who live in those 
States, who know the regions and who know the needs of their 
communities.
  I respect the Senator from Montana when he comes to this 
subcommittee--and I know Senator Byrd, who chairs this subcommittee--
when he goes to Senator Byrd and makes a case for what he has. Senator 
Byrd listens to everybody's requests and puts them into these bills. It 
is done so out of respect for that Senator and the knowledge of his 
State. I certainly believe the Senator from Montana has made the case. 
I urge our colleagues to reject this single-minded amendment that 
simply picks out one Senator's State and says we will not fund an EOC 
in their State.
  I will oppose this amendment tomorrow when we vote on it.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Bennet). The Senator from Montana.
  Mr. TESTER. Mr. President, I thank the Senator from Washington for 
her remarks. They were spot on. I had the opportunity to see part of 
Senator Kyl's comments on TV, and I have a few responses. Then I wish 
to talk about the project.
  First, Senator Kyl said the EOC program was a target of the 
administration. His amendment is not taking away the program and 
zeroing it out. If that is his concern, that is what he should have 
done. It takes away this specific project.
  The second point was about security. The fact is, the EOC program is 
to respond not only to terrorist activities, which I will get into in a 
minute, but to all hazards as they apply, natural and manmade.
  Finally, fiscal responsibility was the third point. He said we can't 
afford this earmark. This amendment doesn't save one red cent. It moves 
it back to FEMA.
  I spoke earlier today on the floor about this emergency operations 
center in Whitefish. I will reiterate some of those points. It is in 
the northwest part of the State, about 60 miles south of the Canadian 
border. People who deal with this Nation's security tell us the main 
threat on the northern border is terrorism. Immigration is the main 
threat on the southern border. This EOC facility will be located 60 
miles south of the border, just west of Glacier National Park, which 
sits beside the Blackfeet Indian Reservation. To the north, to the 
west, and to the south of Whitefish are literally millions of acres of 
forested ground. Whether it is the potential--and I mean potential--
that something may happen on the Canadian border that is bad, this 
center is there. Whether it is the potential of forest fires on Forest 
Service ground or in the park, this emergency operations center is 
there. It also houses police, fire, provides for interoperability for 
radios. It is very much needed.
  Their current facility is in the basement. It is about a third the 
size they need. It is built on a fault line and a flood plain. The fact 
is, if we want to talk about the need for an emergency operations 
center in this country, there is no doubt the need is here.
  I wish to talk about one other thing. The EOC program is just not for 
manmade disasters. It is for all disasters. We all know what beetle 
kill and disease and global warming has done to the forests, and the 
northwest of Montana is no exception.

[[Page 17022]]

  This amendment picks on one specific area in one specific State. This 
picks on an area I happen to know very well. I have been up there 
several times. I was there last weekend, one of the many weekends I go 
home, which is every weekend. I was in Whitefish. This area is a good 
place for an emergency operations center. I am an elected official from 
the State. I have seen it with my own two eyes. I know what is 
necessary. We are going to take this away and give this money back to 
FEMA, to an appointed bureaucrat who probably maybe has been in the 
State of Montana, maybe not. Chances they have been in Whitefish are 
doubtful.
  This is a good project. I am all for fighting waste. I am all for 
fighting pork. The fact that we are having this debate speaks to the 
fact that we have moved a long way in this body, as far as earmarks in 
the middle of the night plugged in and not having the opportunity to 
debate them. I will tell my colleagues this: This is a good project. It 
is a project that spends our taxpayer dollars wisely, and it will 
benefit the entire country when it is done. It is a project that is 
very much needed. There is no pork in this. This is about our country's 
security.
  It is unfortunate I didn't have the opportunity to visit with the 
good Senator from Arizona while he was on the floor because, quite 
frankly, it may have changed his opinion. Maybe not. I don't know why 
he singled this project out for his amendment. He brought up the point 
that the administration took the EOC program, and it was a target of 
the administration. Then put up an amendment to zero it out. That is 
not what his amendment does. He talked about fiscal responsibility. 
This doesn't save a penny. The fact is, if we are talking about 
security, it is just not manmade terrorism, it is emergency hazards 
caused by Mother Nature. This facility will help address all those 
issues.
  I appreciate the opportunity to speak to this issue. This is an 
unfortunate amendment, but we will vote on it and see what happens.
  I thank the Senator from Washington for her leadership and support.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington.
  Mrs. MURRAY. We will be voting on this amendment tomorrow morning. 
There will be time for debate on this amendment as well.
  Mr. CONRAD. Mr. President, I rise to offer for the record, the Budget 
Committee's official scoring of S. 1298, the Department of Homeland 
Security Appropriations Act for fiscal year 2010.
  The bill, as reported by the Senate Committee on Appropriations, 
provides $42.9 billion in discretionary budget authority for fiscal 
year 2010, which will result in new outlays of $25.5 billion. When 
outlays from prior-year budget authority are taken into account, 
discretionary outlays for the bill will total $46.7 billion.
  The bill includes $242 million in budget authority designated as 
being for overseas deployment and other activities for the Coast Guard. 
Pursuant to section 401(c)(4) of S. Con. Res. 13, the 2010, budget 
resolution, an adjustment to the 2010 discretionary spending limits and 
the Appropriations Committee's 302(a) allocation has been made for this 
amount in budget authority and for the outlays flowing therefrom.
  The Senate-reported bill matches its section 302(b) allocation for 
budget authority and is $1 million below its allocation for outlays. No 
points of order lie against the committee-reported bill.
  I ask unanimous consent that the table displaying the Budget 
Committee scoring of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    S. 1298, DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010
  [Spending Comparisons--Senate-reported Bill (in millions of dollars)]
------------------------------------------------------------------------
                                                  General
                                     Defense      purpose       Total
------------------------------------------------------------------------
Senate-Reported Bill:
  Budget Authority...............        1,582       41,345       42,927
  Outlays........................        1,404       45,298       46,702
Senate 302(b) Allocation:
  Budget Authority...............        - - -        - - -       42,927
  Outlays........................        - - -        - - -       46,703
House-Passed Bill:
  Budget Authority...............        1,553       41,064       42,617
  Outlays........................        1,390       44,931       46,321
President's Request:
  Budget Authority...............        1,365       41,473       42,838
  Outlays........................        1,219       45,079       46,298
 
SENATE-REPORTED BILL COMPARED TO:
 
Senate 302(b) allocation:
  Budget Authority...............        - - -        - - -            0
  Outlays........................        - - -        - - -           -1
House-Passed Bill:
  Budget Authority...............           29          281          310
  Outlays........................           14          367          381
President's Request:
  Budget Authority...............          217         -128           89
  Outlays........................          185          219         404
------------------------------------------------------------------------
Note: Both House and Senate bills include $242 million in budget
  authority designated as being for overseas deployment and other
  activities for the Coast Guard.

  

                          ____________________


                            MORNING BUSINESS

  Mrs. MURRAY. I ask unanimous consent that the Senate proceed to 
morning business, with Senators allowed to speak for up to 10 minutes 
each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Iowa.

                          ____________________




                         REMEMBERING ED THOMAS

  Mr. GRASSLEY. Mr. President, I think I can be done in 10 minutes, but 
if I can't be, I would like to have a little bit longer because I am 
going to talk about a very good Iowan who was murdered 2 weeks ago 
today. This is the purpose for which I rise. This is coach Ed Thomas. I 
will get to that in a minute. But before I leave that up there for 
Senators to view, I wish to tell them, this is not any ordinary high 
school football coach. This is obviously an old picture because it only 
goes to 1998. He coached 37 years at this high school. It says here 
``championship.'' I know he had a recent State championship as well. He 
is no ordinary high school football coach. Because in this small town 
of Parkersburg, IA, the high school is in two towns, Aplington-
Parkersburg, IA. It only has 2,000 people in it. But this football 
coach has taken four of his former players now presently playing in the 
NFL. At least three and maybe all four of these returned to be 
pallbearers at his funeral.
  We can see this record of the previous decade, and that record would 
be as good for the last decade. I am only sorry I don't have a more 
recent picture showing Ed Thomas.
  Two weeks ago today, at 10:30 in the morning, a former student, a 
former football player and the brother of a football player who would 
have been playing this fall at this high school, came into the weight 
room at Parkersburg High School. This coach was always there because he 
wanted to encourage his players to work out and to be healthy. He was 
there with them. This former student came in and killed him with a gun. 
Didn't bother anybody else. That was it. He was rushed to the hospital 
but probably dead on arrival.
  I say how outstanding he was and how well liked he was. About 12 
months before that, a tornado went through Parkersburg destroying about 
a third of the town. This is a town of only 2,000. This coach had his 
house blown away, but he didn't worry about himself. He headed for his 
high school, which was also destroyed, to do immediately what he could 
to help turn things around.
  I have prepared remarks where I will refer to this so colleagues will 
be hearing it twice. His goal from that Memorial Day weekend to the 
opening of the football season, the first Friday night in August, was 
to have that football field ready to go so they could play football as 
they have. They had a very outstanding season.
  This is a person who led a community. He was not just a football 
coach. My home of 75 years is 10 miles from that high school. They were 
our competitors. There is very fierce competition between football 
teams in these small towns of the Midwest. I went Sunday afternoon. The 
viewing of the body was from 3 to 8. The next day the funeral had 2,500 
people at it. But at the time--I get there at 3 o'clock--the line was 3 
blocks long. I stood in line 3 hours to get to say my condolences to 
the family and to view. This family was so strong that they probably 
gave more comfort to the people who were there to view than each of us 
gave to the family.
  Three hours, and I thought: How long is the line? By 6:30, the line 
was 4

[[Page 17023]]

blocks long. That family stood there until 11 o'clock that night to 
greet all the friends of this beloved Iowa coach.
  With that as background, I came to the floor to give this statement. 
I thought I ought to put it in some context.
  I come before the Senate with the heavy heart of an entire community 
and in humble recognition of a man who, by all accounts, was a servant 
of God in every sense, a person who put his faith to work by mentoring 
the young people of his community as a teacher and a football coach, a 
person who put his faith to work by providing a guiding hand as the 
community recovered from the tragedy of a tornado just a little over a 
year ago, a person who put his faith to work as a father, a husband, 
and an elder in the church.
  Parenthetically, I wish to say this about the close-knit families we 
have in the small communities of Iowa. It happens that Coach Thomas and 
the family of the murderer go to the same church. The person who did 
the murdering had, I assume from the newspaper, a drug problem. The 
Sunday before the murder, so the newspapers tell me, the family of the 
person with the drug problem who did the murder asked in the church, 
would they pray for their son. Coach Ed Thomas led the prayer for that 
son, as it was reported in the newspaper.
  It was barely a year ago when news reports came across the wires 
about a small Iowa farming town that was devastated by an F-5 tornado 
that tore across the community and leveled hundreds of homes and 
businesses--with eight people dying--the school and what locals call 
the Sacred Acre or, to the rest of us the famous Parkersburg Falcon 
football field.
  Just last week, this same town was hit with possibly a more crushing 
blow than a tornado could ever take from a town. The caretaker of the 
Sacred Acre, the beloved football coach and town leader, Coach Ed 
Thomas, was senselessly murdered in front of his very own students.
  In our area of the State, it is not hard to know Coach Thomas. He was 
a pillar of the community. His success on the football field made him 
an icon in his profession--two State championships and four players 
currently in the NFL. But the people who knew him will remember him 
most for his leadership off the field.
  It was his leadership that helped pull up the community that was 
knocked off its feet by the F-5 tornado. His declaration in the 
aftermath of the tornado that the Aplington-Parkersburg boys would play 
football on their home field in just a couple months gave the town of 
Parkersburg, IA, purpose in the most difficult of times.
  It was the Sacred Acre that brought everyone in town together, and it 
was the whole town that put the Sacred Acre back together so they could 
start the football season on time in that home game, the last Friday of 
August.
  Coach Thomas and his Sacred Acre brought out the best in the 
community, just as he brought out the best in his team with what Coach 
Thomas called, ``strength in togetherness.''
  His impact reached the people of this community long before that 
fateful day in May 2008. For nearly four decades, Coach Thomas led 
young men in more than just the game of football. He led them in the 
lessons of life. His current and former players have been seen and 
heard everywhere--each of them now sharing lessons that will be passed 
on yet to another generation.
  Most of us can remember that one coach or that one teacher who had 
the greatest impact on each of us. For many in the Parkersburg 
community, that one person was Coach Thomas.
  He was well known for getting the best out of his players and 
students. He was always providing motivation to his kids. But those who 
knew Coach Thomas best say his No. 1 talent was friendship. His friend, 
Al Kerns, said:

       He only saw the best in others, and I guess that's why he 
     got all this back.

  ``This'' being the outpouring of compassion from people across Iowa. 
It may be best demonstrated by the scene in Parkersburg last week at 
the funeral. As the hearse traveled from the funeral to the nearby 
cemetery, the streets were lined four or five deep with myriads of 
color. It has been a true testament to the reach of this icon, not only 
because of the sheer numbers of people but the myriad of colors that 
came from high school football teams from all across Iowa that came in 
their game jerseys to honor a selfless man who shared his playbook as 
well as his heart.
  The tributes made since that tragic morning show that even after his 
death, Ed Thomas is teaching us to be better people by the way he lived 
his life.
  It has been obvious that his two sons have taken his life lessons to 
heart, just like many others. I continue to be struck by the poise of 
his sons who have performed the most monumental task by asking us to 
pray for the family of the man who killed their father. I cannot think 
of a greater tribute to their dad than the actions they have performed 
and the words they have spoken over the last 10 days. There is no 
question in my mind that these two young men possess the same qualities 
as their father and that these two boys will continue his legacy.
  Aaron Thomas, the oldest of Ed and Jan's two boys, said this at the 
funeral. He actually said more than I am going to quote, but this is a 
very important part:

       You can be sad the rest of the day, but come tomorrow, once 
     you wake up, it's time to get going . . . there's a lot of 
     work to be done in this town.

  While this community's heart is heavy, they will move forward to see 
the brightness of another day and of another game, just as Coach Thomas 
would have wanted.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Georgia.
  Mr. ISAKSON. Mr. President, before I make my remarks, I want to 
express my appreciation to Senator Grassley for his obviously 
passionate and compassionate remarks about a story and a man who has 
captured America. As Senator Grassley knows, I have the privilege of 
visiting Iowa once or twice a year and have dear friends there, and I 
know how strong the people of Iowa are.
  I want to tell Senator Grassley, his remarks, his compassion, and his 
passion are appreciated, I am sure, not only by the family and all 
Iowans but all of us in America, as we share in the tragedy and loss of 
a great man. I commend him on his remarks.

                          ____________________




                         TRIBUTE TO NEAL BOORTZ

  Mr. ISAKSON. Mr. President, I rise for just a minute to talk about a 
gentleman who resides in my State, a man I have known for 40 years, and 
a man I, never in a million years, thought I would stand on the floor 
of the Senate and brag about. But today I did something I have never 
done. I voted on the Internet in relation to the National Radio Hall of 
Fame nominees for 2009 for a gentleman by the name of Neal Boortz.
  Neal Boortz is a daytime talk show host in the city of Atlanta. He 
started in radio with Ring Radio in 1969, a little old 1,000-watt 
station in Brookhaven, GA. Now he is one of the leading talk show hosts 
in terms of audience in the United States of America.
  He is syndicated on 230 different stations, has an audience of 5 
million people, and calls himself the High Priest of the Church of the 
Painful Truth. I have to rise and tell you as a politician who has been 
both the victim and the beneficiary of any number of Neal's diatribes, 
he is exactly that. He is a man of the painful truth. He can find the 
facts on any issue. He can get to the core of the issue, and he can 
move communities to do good things and do the right thing.
  I was delighted to hear that the National Radio Foundation has 
nominated him for this award, and I want to say today I voted for him 
because I sincerely hope he gets the recognition for three reasons: One 
is, while he is not always right, he is seldom in doubt. His passion 
for what he believes rubs off, and I think that is important.
  Secondly, he loves to be challenged. Unlike so many you hear on the 
radio who want you to believe it is their way or the highway, he loves 
to share his own ideas. He has published three

[[Page 17024]]

books. The first one, ``The Terrible Truth About Liberals,'' is on its 
sixth publishing. ``The FairTax Book,'' which he cowrote with a Georgia 
Congressman, John Linder, has been on the New York Times Best Seller 
list for a long period of time.
  Right now, his most recent book--and that is, ``Somebody's Got to Say 
It,'' which he oftentimes does--is in its second printing and No. 2 on 
the New York Times Best Seller list.
  But the best part of Neal Boortz is not the thousands he has 
influenced in over 40 years on the radio, his humor and his passion. It 
is not his longevity. It is the fact that he always gives back to his 
community and his State.
  Just one shining example is his wife Donna, who, by the way, prides 
herself in saying she has never listened to 1 minute of Neal's radio 
show. But Neal donated the proceeds of his book sales to Donna for the 
establishment of a foundation, which she uses that money to help those 
less fortunate, those in need, and those on the cusp of doing great 
things who need a little encouragement and a little capitalization.
  So as all of us have our opinions from time to time about talk radio 
or journalism or commentaries or those who may sometimes accuse us and 
sometimes praise us as politicians, I am delighted to stand on the 
floor of the Senate and praise a man from my State who for 40 years has 
given the best he has, who has fought for what he believed in but 
accepted being challenged, and who always tried to say and do the right 
thing for America and the right thing for our community.
  It is my sincere hope when the voting ends on October 1, that 
millions of Americans will have gone to the poll on the Internet, 
radiohof.org, and cast their vote for Neal Boortz.
  Mr. President, I yield back.
  The PRESIDING OFFICER. The Senator from Illinois.

                          ____________________




                           HEALTH CARE REFORM

  Mr. BURRIS. Mr. President, we have all heard that America's health 
care system is in crisis. But all too often, Washington loses sight of 
what is truly at stake. Some talk constantly about how much reform will 
cost, but without action more and more hard-working Americans will lose 
coverage.
  Soaring health care costs are increasing the burdens on the American 
people, American businesses, and our government. Today, our health care 
system stands on the brink of collapse.
  Over the past 2 years, 3.5 million Illinois residents, nearly 31 
percent of the under-65 population, have been without health care 
insurance at one time or another. How can we allow American citizens to 
live in fear that the next cough or fever would put them in the 
poorhouse? There is a better way.
  Even for those who manage to stay insured amid the current climate of 
rapid increasing costs, the economic toll of paying for insurance can 
be crippling to middle-class families.
  Over the past 9 years, insurance premiums have more than doubled. By 
2016 the projected cost of insurance for a family of four in Illinois 
will top $25,000 a year, meaning for a median income family in my 
State, nearly half of their earnings would be spent for health 
insurance. Obviously, this would prove disastrous to people in Illinois 
and across the Nation.
  The pressure of increasing premiums is hurting our economy from the 
business side as well. Small businesses in particular often cannot 
afford to provide care for their workers. In 2006 only 41 percent of 
Illinois businesses with less than 50 employees were able to offer 
coverage. Over the next few years, an additional 19 percent of American 
small businesses may be forced to eliminate their coverage as well. But 
there is a better way.
  From a government standpoint, we are currently spending 4 percent of 
the GDP on Medicare and Medicaid. By 2040, that number could reach 15 
percent. This level of government spending would be unsustainable. 
There is a better way.
  Meaningful reform could cut costs for families, save small 
businesses, and even help pay down the budget deficit.
  Some still say the cost of reform is too high. But the choice is 
clear: We can invest in the right reform now, ensuring quality health 
care in the future and sustained cost reductions in the long term, or 
we can do nothing and watch as the cost of health care steadily 
increases until it drives our families--and our country--to financial 
ruin.
  My colleagues and I have real solutions. We can ensure that every 
single American has access to quality, affordable health care. We can 
save money on administrative costs and put an end to coverage denials 
due to preexisting conditions. With a shift in our focus from what we 
refer to as ``sick care'' and toward preventive medicine, we can keep 
people healthier, bolster our economy, and we can save money. This is 
the better way.
  I urge my colleagues to leave partisanship at the door and do what is 
right for the American people. We cannot afford to do any less.
  Thank you, Mr. President. 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. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Begich.) Without objection, it is so 
ordered.
  Mr. REID. Mr. President, I also understand we are in morning 
business.
  The PRESIDING OFFICER. The Senator is correct.

                          ____________________




                  UNANIMOUS CONSENT AGREEMENT--S. 1390

  Mr. REID. I ask unanimous consent that on Monday, July 13, after the 
pledge, prayer, and any leader remarks, the Senate proceed to the 
consideration of Calendar No. 89, S. 1390, the Department of Defense 
Authorization bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  Mr. REID. I ask unanimous consent that morning business be closed.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




  DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010--Continued

  Mr. REID. Mr. President, I appreciate everyone's cooperation. As I 
have said on a number of occasions, it may not appear that a lot of 
work is being done, but we have committee action taking place, we have 
had a lot of work on health care today, and we have had energy meetings 
today involving six committee chairs.
  We are trying to figure out how we can proceed in the next week. I 
appreciate everyone's patience.
  What is the pending business?
  The PRESIDING OFFICER. H.R. 2892.
  Mr. REID. Is that the Homeland Security appropriations bill?
  The PRESIDING OFFICER. Yes.


                             Cloture Motion

  Mr. REID. I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Byrd substitute 
     amendment No. 1373 to H.R. 2892, the Homeland Security 
     Appropriations Act for Fiscal Year 2010.
         Harry Reid, Patty Murray, Jon Tester, Daniel K. Inouye, 
           Kay R. Hagan, Tom Harkin, Bill Nelson, Mark R. Warner, 
           Sheldon Whitehouse, Mark Begich, Frank R. Lautenberg, 
           Ron Wyden, Barbara A. Mikulski, Barbara Boxer, Patrick 
           J. Leahy, John D. Rockefeller, IV, Jack Reed.


                             Cloture Motion

  Mr. REID. Mr. President, I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.

[[Page 17025]]

  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on H.R. 2892, the 
     Homeland Security Appropriations Act for Fiscal Year 2010.
         Harry Reid, Barbara Boxer, Mark Udall, Jack Reed, Jon 
           Tester, Jeanne Shaheen, Al Franken, Evan Bayh, Patrick 
           J. Leahy, Richard J. Durbin, Carl Levin, Byron L. 
           Dorgan, Daniel K. Inouye, Blanche L. Lincoln, Joseph I. 
           Lieberman, Ron Wyden, Mary L. Landrieu.
  Mr. REID. I ask unanimous consent that the mandatory quorum with 
respect to those cloture motions be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. I ask unanimous consent that on Thursday, July 9, when the 
Senate resumes consideration of H.R. 2892, there be 10 minutes of 
debate prior to a vote in relation to the Kyl amendment No. 1432, with 
the time equally divided and controlled between Senators Tester and Kyl 
or their designees; that no amendment be in order to the amendment 
prior to a vote in relation thereto; that upon the use or yielding back 
of the time, the Senate proceed to vote in relation to amendment No. 
1432.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            MORNING BUSINESS

  Mr. REID. I ask unanimous consent that the Senate now proceed to a 
period of morning business, with Senators allowed to speak therein for 
up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Delaware.

                          ____________________




                            CLASHES IN CHINA

  Mr. KAUFMAN. Mr. President, this week, bloody clashes have erupted 
between the minority Uighur community and the majority Han ethnic group 
in the Xinjiang region of western China. Reports indicate that the 
Chinese Government has responded with a heavy hand--deploying police 
and paramilitary troops, establishing a curfew, closing mosques, 
cutting off Internet and mobile phone access, and rounding up and 
arresting innocent civilians.
  The state-controlled media reported that at least 156 Chinese 
citizens have been killed, more than 1,000 have been injured, and 
approximately 1,400 have been arrested since the clashes began earlier 
this week.
  I am deeply concerned about ongoing tension in Xinjiang and believe 
the senseless loss of life, suppression of press freedom, and 
violations of basic human rights is unconscionable in China, and 
anywhere else in the world.
  Today, I call on all parties to demonstrate restraint, end the 
violence, cease persecution of minorities, and protect fundamental 
human rights. I also call on the Chinese Government to open Internet 
and mobile phone access, end jamming of international broadcasting, and 
lift the grave and growing restrictions on the press.
  We all know independent journalists have been censored for decades in 
China--a fact that is painfully evident as we try to understand how 
recent demonstrations metastasized into violence in western China.
  According to the State Department Report on Human Rights for 2009, 
the Chinese Government has increased cultural and religious repression 
of ethnic minorities, including on the Muslim Uighurs. It appears that 
as ethnic tensions rose, members of the Uighur community took to the 
streets, resulting in an aggressive crackdown by the Chinese security 
forces on Sunday.
  The exact circumstances by which violence transpired remains unclear, 
largely because the government censors information including the 
official number of casualties.
  In what can only be described as questionable, these numbers have 
remained stagnant in the past two days despite ongoing violence and 
civil unrest.
  In recent years, the Chinese Government has demonstrated great 
efficiency in monitoring the Internet and restricting Web sites such as 
Facebook, My Space, Twitter, YouTube, blogs, and other outlets of 
information to monitor the free exchange of ideas among its people and 
the press.
  It has also used advanced technology to jam international satellite 
and radio broadcasting including the U.S.-funded Voice of America and 
Radio Free Asia.
  In Xinjiang specifically, it has shut down more than 50 Uighur 
language Internet forums, jammed Radio Free Asia's Uighur-language 
service, and cut off Internet and mobile phone access in the past week.
  In fact, Li Zhi, a top Communist Party official in Urumqi, the 
capital of Xinjiang, Province, confirmed yesterday that the government 
cut off Internet access to the region.
  Because of such limitations, the Han population now believes that the 
Uighurs are solely responsible for ongoing unrest, and such 
misperceptions have elevated the level of ethnic tension. By creating a 
vacuum of information in and out of Xinjiang, the Chinese Government 
has exacerbated the crisis.
  While the casualty numbers remain uncertain, it is clear that recent 
developments have incurred an immeasurable human toll, including--but 
not limited to--the loss of innocent lives.
  There have been pictures of children in hospitals, who have been 
forced to witness violence perpetrated against their parents. The 
Washington Post today reported emotional stories of women demanding the 
return of their missing husbands.
  And the UK's Guardian reveals an image of an elderly woman on 
crutches standing defiantly in front of a police riot bus, an image 
which is eerily reminiscent of the bravery and defiance demonstrated 20 
years ago in Tiananmen.
  These glimpses of ongoing developments stir great empathy and anger, 
and it is essential that the whole story be told, among the 
international community and also within China. This is why I call on 
the Chinese Government to provide unimpeded press coverage and Internet 
access, allow journalists to report without restrictions. I condemn the 
continued repression of Uighurs and violence perpetrated against all 
innocent civilians in China and hope the ongoing unrest will soon be 
brought to an end.

                          ____________________




                          BRITISH HEALTH CARE

  Mr. KYL. Mr. President, a July 7, 2009, Wall Street Journal editorial 
``Of NICE and Men'' describes the denial and delay of health care in 
Britain as a result of decisions by the British government's health 
care cost-containment board, the National Institute for Health and 
Clinical Excellence, NICE.
  The article quotes the Guardian, which in 1998 reported, ``Health 
ministers are setting up [NICE], designed to ensure that every 
treatment, operation, or medicine used is the proven best. It will root 
out under-performing doctors and useless treatments, spreading best 
practices everywhere.''
  Yet NICE routinely denies patients the very treatments and 
medications they need.
  For example, according to the editorial, ``NICE ruled against the use 
of two drugs, Lapatinib and Sutent, that prolong the life of those with 
certain forms of breast and stomach cancer.''
  Explaining the ruling against the use of a drug that would help 
terminally ill kidney-cancer patients, Peter Littlejohns, NICE's 
clinical public health director, said there is ``a limited pot of 
money.''
  The editorial provides numerous other examples of drugs and 
treatments that are either denied or restricted in order to reduce 
costs.
  And it explains how NICE has even assigned a mathematical formula for 
determining the maximum amount the government will spend to extend a 
life for 6 months.
  President Obama has praised countries that spend less than the U.S. 
on health care, while saying we can spend less here too, even while 
adding tens of millions to a government-run health care program and 
improving the quality of care.
  This editorial clearly and concisely outlines why this cannot be 
achieved

[[Page 17026]]

and why, if President Obama's health care plan passes, the 
administration's new Council for Comparative Effectiveness Research 
could eventually gain the same authority to deny or delay treatments 
and care as Britain's NICE.
  I ask unanimous consent that this article be printed in the Record, 
and urge my colleagues to consider the facts and arguments contained in 
this editorial.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              [From the Wall Street Journal, July 7, 2009]

                            Of NICE and Men

       Speaking to the American Medical Association last month, 
     President Obama waxed enthusiastic about countries that 
     ``spend less'' than the U.S. on health care. He's right that 
     many countries do, but what he doesn't want to explain is how 
     they ration care to do it.
       Take the United Kingdom, which is often praised for 
     spending as little as half as much per capita on health care 
     as the U.S. Credit for this cost containment goes in large 
     part to the National Institute for Health and Clinical 
     Excellence, or NICE. Americans should understand how NICE 
     works because under ObamaCare it will eventually be coming to 
     a hospital near you.
  * * *
       The British officials who established NICE in the late 
     1990s pitched it as a body that would ensure that the 
     government-run National Health System used ``best practices'' 
     in medicine. As the Guardian reported in 1998: ``Health 
     ministers are setting up [NICE], designed to ensure that 
     every treatment, operation, or medicine used is the proven 
     best. It will root out under-performing doctors and useless 
     treatments, spreading best practices everywhere.''
       What NICE has become in practice is a rationing board. As 
     health costs have exploded in Britain as in most developed 
     countries, NICE has become the heavy that reduces spending by 
     limiting the treatments that 61 million citizens are allowed 
     to receive through the NHS. For example:
       In March, NICE ruled against the use of two drugs, 
     Lapatinib and Sutent, that prolong the life of those with 
     certain forms of breast and stomach cancer. This followed on 
     a 2008 ruling against drugs--including Sutent, which costs 
     about $50,000--that would help terminally ill kidney-cancer 
     patients. After last year's ruling, Peter Littlejohns, NICE's 
     clinical and public health director, noted that ``there is a 
     limited pot of money,'' that the drugs were of ``marginal 
     benefit at quite often an extreme cost,'' and the money might 
     be better spent elsewhere.
       In 2007, the board restricted access to two drugs for 
     macular degeneration, a cause of blindness. The drug Macugen 
     was blocked outright. The other, Lucentis, was limited to a 
     particular category of individuals with the disease, 
     restricting it to about one in five sufferers. Even then, the 
     drug was only approved for use in one eye, meaning those 
     lucky enough to get it would still go blind in the other. As 
     Andrew Dillon, the chief executive of NICE, explained at the 
     time: ``When treatments are very expensive, we have to use 
     them where they give the most benefit to patients.''
       NICE has limited the use of Alzheimer's drugs, including 
     Aricept, for patients in the early stages of the disease. 
     Doctors in the U.K. argued vociferously that the most 
     effective way to slow the progress of the disease is to give 
     drugs at the first sign of dementia. NICE ruled the drugs 
     were not ``cost effective'' in early stages.
       Other NICE rulings include the rejection of Kineret, a drug 
     for rheumatoid arthritis; Avonex, which reduces the relapse 
     rate in patients with multiple sclerosis; and lenalidomide, 
     which fights multiple myeloma. Private U.S. insurers often 
     cover all, or at least portions, of the cost of many of these 
     NICE-denied drugs.
       NICE has also produced guidance that restrains certain 
     surgical operations and treatments. NICE has restrictions on 
     fertility treatments, as well as on procedures for back pain, 
     including surgeries and steroid injections. The U.K. has 
     recently been absorbed by the cases of several young women 
     who developed cervical cancer after being denied pap smears 
     by a related health authority, the Cervical Screening 
     Programme, which in order to reduce government healthcare 
     spending has refused the screens to women under age 25.
       We could go on. NICE is the target of frequent protests and 
     lawsuits, and at times under political pressure has reversed 
     or watered-down its rulings. But it has by now established 
     the principle that the only way to control health-care costs 
     is for this panel of medical high priests to dictate limits 
     on certain kinds of care to certain classes of patients.
       The NICE board even has a mathematical formula for doing 
     so, based on a ``quality adjusted life year.'' While the 
     guidelines are complex, NICE currently holds that, except in 
     unusual cases, Britain cannot afford to spend more than about 
     $22,000 to extend a life by six months. Why $22,000? It seems 
     to be arbitrary, calculated mainly based on how much the 
     government wants to spend on health care. That figure has 
     remained fairly constant since NICE was established and 
     doesn't adjust for either overall or medical inflation.
       Proponents argue that such cost-benefit analysis has to 
     figure into health-care decisions, and that any medical 
     system rations care in some way. And it is true that U.S. 
     private insurers also deny reimbursement for some kinds of 
     care. The core issue is whether those decisions are going to 
     be dictated by the brute force of politics (NICE) or by 
     prices (a private insurance system).
       The last six months of life are a particularly difficult 
     moral issue because that is when most health-care spending 
     occurs. But who would you rather have making decisions about 
     whether a treatment is worth the price--the combination of 
     you, your doctor and a private insurer, or a government board 
     that cuts everyone off at $22,000?
       One virtue of a private system is that competition allows 
     choice and experimentation. To take an example from one of 
     our recent editorials, Medicare today refuses to reimburse 
     for the new, less invasive preventive treatment known as a 
     virtual colonoscopy, but such private insurers as Cigna and 
     United Healthcare do. As clinical evidence accumulates on the 
     virtual colonoscopy, doctors and insurers will be able to 
     adjust their practices accordingly. NICE merely issues 
     orders, and patients have little recourse.
       This has medical consequences. The Concord study published 
     in 2008 showed that cancer survival rates in Britain are 
     among the worst in Europe. Five-year survival rates among 
     U.S. cancer patients are also significantly higher than in 
     Europe: 84% vs. 73% for breast cancer, 92% vs. 57% for 
     prostate cancer. While there is more than one reason for this 
     difference, surely one is medical innovation and the greater 
     U.S. willingness to reimburse for it.
       * * *
       The NICE precedent also undercuts the Obama 
     Administration's argument that vast health savings can be 
     gleaned simply by automating health records or squeezing out 
     ``waste.'' Britain has tried all of that but ultimately has 
     concluded that it can only rein in costs by limiting care. 
     The logic of a health-care system dominated by government is 
     that it always ends up with some version of a NICE board that 
     makes these life-or-death treatment decisions. The 
     Administration's new Council for Comparative Effectiveness 
     Research currently lacks the authority of NICE. But over 
     time, if the Obama plan passes and taxpayer costs inevitably 
     soar, it could quickly gain it.
       Mr. Obama and Democrats claim they can expand subsidies for 
     tens of millions of Americans, while saving money and 
     improving the quality of care. It can't possibly be done. The 
     inevitable result of their plan will be some version of a 
     NICE board that will tell millions of Americans that they are 
     too young, or too old, or too sick to be worth paying to care 
     for.

                          ____________________




                           CRISIS IN HONDURAS

  Mr. LEAHY. Mr. President, I want to speak briefly about the current 
political crisis in Honduras. Vermont and Honduras have had a long, 
close relationship through the Partners of the Americas, and many 
Vermonters regularly travel to Honduras to engage in health care and 
other humanitarian and development work in rural communities.
  Last week a lawfully elected President--Manuel Zelaya--was forcibly 
removed from office and flown to a neighboring country by the Honduran 
military. The military and the Supreme Court apparently believed that 
President Zelaya was acting in a manner that was contrary to the 
Honduran Constitution. While such an accusation is troubling, military 
coups cannot be condoned, particularly when Honduras' Constitution 
contains provisions to handle such concerns--impeachment, for one.
  The sooner the Honduran military reverses course and allows President 
Zelaya to return the better it will be for Honduras and all of Central 
America. He has pledged to leave office at the end of his term, unlike 
other Latin American leaders who seem to believe constitutions are to 
be amended with the stroke of a pen so they can remain in office. When 
President Zelaya returns, if there is credible evidence that he broke 
laws, he should be held accountable in accordance with the laws of the 
country.
  While I condemn the actions of the Honduran military, I applaud the 
efforts of the Organization of American States, with the support of the 
Obama administration, to defuse this situation diplomatically. Removing 
Honduras' membership and beginning to impose

[[Page 17027]]

sanctions in concert with widespread international condemnation is the 
appropriate response.
  We should also recognize that the people of Honduras appear to be 
deeply divided over President Zelaya. Rural Hondurans in particular 
have been dissatisfied with his performance as President. When he 
returns to office I hope he reconsiders his priorities and focuses his 
efforts on improving the lives of the people of Honduras who are most 
in need of the government's assistance.

                          ____________________




                    HOSPITAL QUALITY REPORT CARD ACT

  Mr. JOHANNS. Mr. President, I wish to speak to the Department of 
Veterans Affairs Hospital Quality Report Card Act of 2009.
  One of my proudest jobs in the Senate is serving on the Senate 
Committee on Veterans' Affairs. Among its other roles, this committee 
provides oversight of VA health facilities, working with information 
from the VA, its Inspector General, Veterans Service Organizations, and 
the general public. We work with a lot of information--it is, after 
all, our committee's job. But sifting through a pile of reports to find 
the best hospitals should not be a full time job for those who need 
health care. This bill will help ensure that it is not.
  Not later than 18 months after the date of enactment of this bill, 
the VA would be mandated to establish a Hospital Quality Report Card 
Initiative. Under the Initiative, the Secretary would be required to 
publish reports on the VA's hospitals which assess health care 
effectiveness, safety, timeliness, efficiency, patient-centeredness, 
satisfaction of patients and health professionals, and care equity. 
These factors would be assessed as letter grades, to ensure that the 
results of these reports are not swabbed over with bureaucratic jargon.
  In collecting and reporting this data, the Secretary would have to 
include extensive and detailed patient-centered information such as 
staffing levels of nurses, rates of infections contracted at VA 
hospitals, volume of various procedures performed, hospital sanctions 
and other violations, the availability of emergency rooms, the quality 
of care in various hospital settings, and additional measures 
determined appropriate by the VA Secretary. Each report submitted under 
the Initiative would have to be available in electronic and hard copy 
formats, in an understandable manner, and allow for a comparison of the 
individual VA hospital quality with local or regional hospitals.
  The bill would further mandate that the Secretary institute quality 
control measures to identify potential data irregularities that would 
lead to artificial improvements in the hospital's quality measurements. 
In addition, the Secretary would need to evaluate and periodically 
report to Congress--and the public--on the effectiveness of this 
Initiative.
  I believe that our veterans should easily be able to identify the 
best hospitals around them. It is unconscionable to make often elderly 
and disabled veterans wade through pages of statistical data in order 
to assure themselves that their local VA health facility is providing 
the best care possible. Often, the factors veterans care about such as 
the wait times for appointments and medical attention--are not measured 
reliably or presented to veterans in an accessible or usable fashion. I 
want to change that. Information on health facilities should not be a 
privilege; it should be an obligation for the Department of Veterans 
Affairs. This legislation is a positive step in the right direction.
  I encourage my colleagues to cosponsor this commonsense legislation.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                     COMMENDING CUSTOM CORDAGE, LLC

 Ms. SNOWE. Mr. President, today I recognize the contributions 
of a tremendously innovative small business from my home State of 
Maine--Custom Cordage, LLC--that has taken on the mission of helping 
lobstermen dispose of their old, unusable rope by transforming it into 
charming gifts.
  When Maine lobstermen went to set their traps this spring, they first 
had to replace the rope they used to connect one lobster trap to 
another as the result of a new regulation banning the use of 
traditional floating rope. It requires lobster pots to be linked with 
sink-rope, the goal being to reduce the risk of entangling whales. 
Regrettably, Maine's lobstermen face a financial burden as the new 
sink-rope can cost twice as much as float-rope and is far more 
expensive to maintain. Additionally, the new regulation threatened to 
result in hundreds of thousands of pounds of unusable rope clogging 
local landfills.
  Aware of this mounting problem for Maine's lobstermen, David Bird, 
owner of Custom Cordage, a Waldoboro company that manufactures a 
variety of rope, cord, and similar products, decided last summer to 
begin making doormats out of retired float-rope. This colorful float-
rope is uniquely weathered by seasons of use and exposure to salt 
water, producing a distinctive and lasting gift. Previously, the 
repurchased float-rope was melted and reformed as cheap plastic pots 
for plants. Now, the float-rope is beginning to grace the front doors 
of houses across the country in the form of high-quality, handwoven 
doormats.
  Mr. Bird's creative and novel idea has caught the Nation's attention 
quickly. His company produces roughly 40 mats each day, and customers 
from across the Nation purchase over a thousand mats per month! An 
exceptional product, these vivid doormats were recently acknowledged as 
the ``Best New Product'' at this year's New England Products Trade Show 
in Portland.
  Maine's lobster industry, comprised of more than 7,000 owner-operated 
small businesses, is a pillar of Maine's fishing industry and of our 
State's economy. Thanks to the forward-looking actions of Mr. Bird, 
lobstermen can more effectively offset the cost of upgrading to sink-
rope, and the old float-rope can be kept out of local landfills. My 
sincerest thanks to Mr. Bird and everyone at Custom Cordage for their 
devotion to building forward-thinking small businesses that help our 
environment, our lobstermen, and our local economy. I wish them all 
success with this and future endeavors.

                          ____________________




                  COMMENDING MAINE FLOAT-ROPE COMPANY

 Ms. SNOWE. Mr. President, today I recognize the contributions 
of a tremendously innovative small business from my home State of 
Maine--the Maine Float-Rope Company--that has taken on the mission of 
helping lobstermen dispose of their old, unusable rope by transforming 
it into charming gifts.
  When Maine lobstermen went to set their traps this spring, they first 
had to replace the rope they used to connect one lobster trap to 
another as the result of a new regulation banning the use of 
traditional floating rope. It requires lobster pots to be linked with 
sink-rope, the goal being to reduce the risk of entangling whales. 
Regrettably, Maine's lobstermen face a financial burden as the new 
sink-rope can cost twice as much as float-rope and is far more 
expensive to maintain. Additionally, the new regulation threatened to 
result in hundreds of thousands of pounds of unusable rope clogging 
local landfills.
  Seeking to keep the old rope out of landfills, Penny Johnston, a 
sales and marketing specialist, established the Waldoboro-based Maine 
Float-Rope Company in April of this year. Her goal was to ramp up sale 
of the resourceful doormats that a local company, Custom Cordage, began 
creating last summer out of retired float-rope. Specifically, her 
company sells the attractive and durable Down East Doormats that are 
constructed using the colorful float-rope that is uniquely weathered by 
seasons of use and exposure to salt water. Previously, the repurchased 
float-rope was melted and reformed as cheap plastic pots for plants. 
Now, the float-rope is beginning to grace the front doors of houses 
across the country in the form of high-quality, handwoven doormats. In 
fact, since Ms.

[[Page 17028]]

Johnston's involvement, sales have skyrocketed, with Maine Float-Rope 
selling over a thousand mats per month!
  In addition, Maine Float-Rope donates a percentage of its profits to 
organizations that support the vitality of lobstermen, the protection 
of North Atlantic right whales, and a host of groups that advocate for 
environmentally sound practices. An exceptional product, the vivid Down 
East Doormat was recently acknowledged as the ``Best New Product'' at 
this year's New England Products Trade Show in Portland.
  Ms. Johnston, who calls herself a ``green entrepreneur,'' has a 
successful record of starting businesses based on creative uses of old 
and recycled material. Prior to founding the Maine Float-Rope Company, 
Ms. Johnston started The Maine Barn Furniture Company, which took wood 
from old, dilapidated barns and used it to make handsome tables. She 
also started Historic Hardscapes, a unique business that reclaims and 
reuses old hand-cut granite from abandoned farmlands and quarries 
across the State. Down East Doormats are one more example of how Ms. 
Johnston finds innovative ways to turn what others would simply discard 
into high-quality products.
  Maine's lobster industry, comprised of more than 7,000 owner-operated 
small businesses, is a pillar of Maine's fishing industry and of our 
State's economy. Thanks to the actions of Ms. Johnston, lobstermen can 
more effectively offset the cost of upgrading to sink-rope, and the old 
float-rope can be kept out of local landfills. My sincerest thanks to 
Ms. Johnston and everyone at the Maine Float-Rope Company for their 
devotion to building forward-thinking small businesses that help our 
environment, our lobstermen, and our local economy. I wish them all 
success with this and future ``green entrepreneurial'' 
endeavors.

                          ____________________




                      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.)

                          ____________________




                         MESSAGE FROM THE HOUSE

  At 11:32 a.m., a message from the House of Representatives, delivered 
by Mrs. Cole, announced that the House has passed the following bills, 
in which it requests the concurrence of the Senate:

       H.R. 1129. An act to authorize the Secretary of the 
     Interior to provide an annual grant to facilitate an iron 
     working training program for Native Americans.
       H.R. 3114. An act to authorize the Director of the United 
     States Patent and Trademark Office to use funds made 
     available under the Trademark Act of 1946 for patent 
     operations in order to avoid furloughs and reductions-in-
     force, and for other purposes.

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

       H. Con. Res. 135. Concurrent resolution directing the 
     Architect of the Capitol to place a marker in Emancipation 
     Hall in the Capitol Visitor Center which acknowledges the 
     role that slave labor played in the construction of the 
     United States Capitol, and for other purposes.

                          ____________________




                           MEASURES REFERRED

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

       H.R. 1129. An act to authorize the Secretary of the 
     Interior to provide an annual grant to facilitate an iron 
     working training program for Native Americans; to the 
     Committee on Indian Affairs.

                          ____________________




                   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-2241. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, status reports relative to 
     Iraq for the period of April 15, 2009, through June 15, 2009; 
     to the Committee on Armed Services.
       EC-2242. A communication from the Secretary of the Army, 
     transmitting, pursuant to law, a report relative to 
     recruitment incentives; to the Committee on Armed Services.
       EC-2243. A communication from the Acting Deputy Under 
     Secretary of Defense (Acquisition, Technology and Logistics), 
     transmitting, pursuant to law, a report relative to the 
     Department's purchases from foreign entities in Fiscal Year 
     2008; to the Committee on Armed Services.
       EC-2244. A communication from the Chief Operating Officer, 
     Community Development Financial Institutions Fund, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Bank Enterprise Award Program: Interim Rule 
     with Request for Comment'' (RIN1505-AA91) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 26, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-2245. A communication from the General Counsel of the 
     Federal Housing Finance Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Prior Approval for 
     Enterprise Products; Interim Final Rule'' (RIN2590-AA17) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on June 26, 2009; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-2246. A communication from the Regulatory Specialist, 
     Office of the Comptroller of the Currency, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Assessment of Fees'' (RIN1557-AD06) as received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on June 26, 2009; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-2247. A communication from the Regulatory Specialist, 
     Office of the Comptroller of the Currency, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Risk-Based Capital Guidelines--Money Market Mutual 
     Funds'' (RIN1557-AD15) as received during adjournment of the 
     Senate in the Office of the President of the Senate on June 
     26, 2009; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2248. A communication from the President of the United 
     States, transmitting, pursuant to law, notification of an 
     Executive order waiving the application of subsections (a) 
     and (b) of section 402 of the Trade Act of 1974 with respect 
     to Belarus; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2249. A communication from the Secretary of Commerce, 
     transmitting, pursuant to law, an annual report relative to 
     the Emergency Steel Loan Guarantee Program; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-2250. A communication from the Assistant Secretary of 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, notification of an Executive order waiving 
     the application of subsections (a) and (b) of section 402 of 
     the Trade Act of 1974 with respect to Belarus; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-2251. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, the semiannual report on the 
     continued compliance of Azerbaijan, Kazakhstan, Moldova, the 
     Russian Federation, Tajikistan, and Uzbekistan with the 1974 
     Trade Act's freedom of emigration provisions, as required 
     under the Jackson-Vanik Amendment; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-2252. A communication from the Senior Vice President and 
     Chief Financial Officer, Federal Home Loan Bank of New York, 
     transmitting, pursuant to law, the Bank's 2008 Management 
     Report; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2253. A communication from the Vice President and 
     Controller, Federal Home Loan Bank of Des Moines, 
     transmitting, pursuant to law, the Bank's 2008 Management 
     Report; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2254. A communication from the President, Federal Home 
     Loan Bank of Cincinnati, transmitting, pursuant to law, the 
     Bank's 2008 Management Report; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-2255. A communication from the President and Chief 
     Executive Officer, Federal Home Loan Bank of Indianapolis, 
     transmitting, pursuant to law, the Bank's 2008 Management 
     Report; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2256. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on

[[Page 17029]]

     the national emergency that was declared in Executive Order 
     13348 relative to the former Liberian regime of Charles 
     Taylor; to the Committee on Foreign Relations.
       EC-2257. 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-
     0082--2009-0087); to the Committee on Foreign Relations.
       EC-2258. A communication from the Secretary of Housing and 
     Urban Development, transmitting, pursuant to law, the Semi-
     Annual Report of the Inspector General for the period from 
     October 1, 2008 through March 31, 2009; to the Committee on 
     Homeland Security and Governmental Affairs.
       EC-2259. A communication from the General Counsel, Federal 
     Retirement Thrift Investment Board, transmitting, pursuant to 
     law, the report of a rule entitled ``Employee Contribution 
     Elections and Contribution Allocations'' (5 CFR Part 1600) 
     received in the Office of the President of the Senate on July 
     8, 2009; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-2260. A communication from the Program Manager, 
     Information Sharing Environment, Office of the Director of 
     National Intelligence, transmitting, pursuant to law, a 
     report entitled, ``Annual Report to the Congress on the 
     Information Sharing Environment''; to the Select Committee on 
     Intelligence.
       EC-2261. A communication from the Director, Office of 
     National Drug Control Policy, Executive Office of the 
     President, transmitting, pursuant to law, a report relative 
     to designating new High Intensity Drug Trafficking Areas in 
     thirteen counties in eight states; to the Committee on the 
     Judiciary.
       EC-2262. A communication from the Director, Office of 
     National Drug Control Policy, Executive Office of the 
     President, transmitting, pursuant to law, the 2009 annual 
     report on the Technology Transfer Program; to the Committee 
     on the Judiciary.
       EC-2263. A communication from the Acting Under Secretary 
     and Acting Director, Patent and Trademark Office, Department 
     of Commerce, transmitting, pursuant to law, the report of a 
     rule entitled ``July 2009 Revision of Patent Cooperation 
     Treaty Procedures'' (RIN0651-AC34) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 29, 2009; to the Committee on the 
     Judiciary.
       EC-2264. A communication from the Deputy General Counsel, 
     Office of Capital Access, Small Business Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``American Recovery and Reinvestment Act: America's Recovery 
     Capital (Business Stabilization) Loan Program'' (RIN3245-
     AF93) as received during adjournment of the Senate in the 
     Office of the President of the Senate on June 30, 2009; to 
     the Committee on Small Business and Entrepreneurship.
       EC-2265. A communication from the Deputy General Counsel, 
     Office of Capital Access, Small Business Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Small Business Size Standards; Temporary Alternative Size 
     Standards for 7(a) Business Loan Program'' (RIN3245-AF96) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on July 1, 2009; to the Committee 
     on Small Business and Entrepreneurship.
       EC-2266. A communication from the Attorney, U.S. Coast 
     Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Naval Training, San Clemente Island, California'' ((RIN1625-
     AA00)(Docket No. USG-2009-0455)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 29, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2267. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Target Fireworks, Detroit River, Detroit, Michigan'' 
     ((RIN1625-AA00)(Docket No. USG-2009-0483)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 29, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2268. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Harborfest 2009, Parade of Sail, Elizabeth River, Norfolk, 
     Virginia'' ((RIN1625-AA00)(Docket No. USG-2009-0405)) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on June 29, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2269. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     San Diego Symphony, San Diego, California'' ((RIN1625-
     AA00)(Docket No. USG-2009-0345)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 29, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2270. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Special 
     Local Regulations for Marine Events; Recurring Marine Events 
     in the Fifth Coast Guard District'' ((RIN1625-AA08)(Docket 
     No. USG-2009-0430)) as received during adjournment of the 
     Senate in the Office of the President of the Senate on June 
     29, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2271. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Regulated 
     Navigation Area: Chesapeake and Delaware Canal, Chesapeake 
     City Anchorage Basin, Maryland'' ((RIN1625-AA11)(Docket No. 
     USG-2008-1119)) as received during adjournment of the Senate 
     in the Office of the President of the Senate on June 29, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2272. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Drawbridge 
     Operation Regulations; Connection Slough, Bacon Island, 
     California'' ((RIN1625-AA09)(Docket No. USG-2008-1141)) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on June 29, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2273. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Drawbridge 
     Operation Regulation: Pamunkey River, West Point, Virginia'' 
     ((RIN1625-AA09)(Docket No. USG-2008-1175)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 29, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2274. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Drawbridge 
     Operation Regulations: Raritan River, Arthur Kill and their 
     tributaries, Staten Island, New York and Elizabeth, New 
     Jersey'' ((RIN1625-AA09)(Docket No. USG-2009-0202)) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on June 29, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2275. A communication from the Regulatory Specialist, 
     Legislative and Regulatory, Office of the Comptroller of the 
     Currency, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Procedures to Enhance 
     the Accuracy and Integrity of Information Furnished to 
     Consumer Reporting Agencies under Section 312 of the Fair and 
     Accurate Credit Transactions Act'' (RIN1557-AC89) received in 
     the Office of the President of the Senate on July 2, 2009; to 
     the Committee on Commerce, Science, and Transportation.
       EC-2276. 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 ``Recovery Act National Institute of Standards and 
     Technology Construction Grant Program'' (RIN0693-ZA88) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on June 29, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2277. 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 ``Recovery Act Measurement Science and Engineering 
     Research Grant Program'' (RIN0693-ZA86) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 29, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2278. 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 ``Recovery Act Measurement Science and Engineering 
     Research Fellowship'' (RIN0693-ZA87) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 29, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2279. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Buffalo, Iola, Normangee, and Madisonville, Texas)'' (MB 
     Docket No. 07-279, RM-11411, 1142, 1143) received in the 
     Office of the President of the Senate on July 6, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2280. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Mount Enterprise, Texas)'' (MB Docket No. 08-226) received 
     in the Office of the President of the Senate on Jul 6, 2009; 
     to the Committee on Commerce, Science, and Transportation.

[[Page 17030]]


       EC-2281. 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 ``Professional Research Experience Program; 
     Availability of Funds'' (RIN0693-ZA90) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on June 29, 2009; to the Committee on Commerce, 
     Science, and Transportation.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. AKAKA, from the Committee on Veterans' Affairs, 
     without amendment:
       S. 423. A bill to amend title 38, United States Code, to 
     authorize advance appropriations for certain medical care 
     accounts of the Department of Veterans Affairs by providing 
     two-fiscal year budget authority, and for other purposes 
     (Rept. No. 111-41).

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:

       Mr. KERRY for the Committee on Foreign Relations.
       *Capricia Penavic Marshall, of the District of Columbia, to 
     be Chief of Protocol, and to have the rank of Ambassador 
     during her tenure of service.
       *Philip L. Verveer, of the District of Columbia, for the 
     rank of Ambassador during his tenure of service as Deputy 
     Assistant Secretary of State for International Communications 
     and Information Policy in the Bureau of Economic, Energy, and 
     Business Affairs and U. S. Coordinator for International 
     Communications and Information Policy.
       *Nancy J. Powell, of Iowa, a Career Member of the Senior 
     Foreign Service, Class of Career Minister, to be Director 
     General of the Foreign Service.
       *Maria Otero, of the District of Columbia, to be an Under 
     Secretary of State (Democracy and Global Affairs).
       *Christopher William Dell, of New Jersey, a Career Member 
     of the Senior Foreign Service, Class of Minister-Counselor, 
     to be Ambassador Extraordinary and Plenipotentiary of the 
     United States of America to the Republic of Kosovo.
       (The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.)
       Nominee: Christopher William Dell.
       Post: Kosovo.
       Contributions, amount, date, and donee:
       1. Self: None.
       2. Spouse: None.
       3. Children and Spouses: Christiana Dell, none; Boyan 
     Levchev, none.
       4. Parents: William R. Dell--deceased; Ruth W. Dell, none.
       5. Grandparents: All deceased at least 10 years; William H. 
     and Frieda Dell, Martin and Mary Weidemann.
       6. Brothers and Spouses: Tracey and Kathleen Dell, $100 
     2008 Barack Obama; Kenneth Dell, $100, 2008 Hillary Clinton 
     PAC, $300, 2008 Barack Obama; Scott and Annie Dell, none.
       7. Sisters and Spouses: none.
                                  ____

       *Charles H. Rivkin, of California, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to France, and to serve concurrently and without 
     additional compensation as Ambassador Extraordinary and 
     Plenipotentiary of the United States of America to Monaco.
       Nominee: Charles H. Rivkin
       Post: U.S. Ambassador to France and Monaco
       (The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.)
       Contributions, amount, date, and donee:
       1. Charles Rivkin: Feinstein for Senate, $1,000, 02/23/
     2005, Diane Feinstein; Matt Brown for U.S. Senate, $1,000, 
     03/31/2005, Mathew A. Brown; Campaign for Our Country, 
     $5,000, 05/12/2005; Matt Brown for U.S. Senate, $500, 03/08/
     2006, Mathew A. Brown; Dan Seals for Congress, $800, 09/12/
     2006, Daniel Joseph Seals; John Kerry for Senate, $1,542, 09/
     18/2006, John F. Kerry; DNC Services Corp, $1,000, 10/24/
     2006, DNC; Obama for America, $2,100, 02/23/2007, Barack 
     Obama; Friends of Dick Durbin, $2,300, 05/25/2007, Richard J. 
     Durbin; John Kerry for Senate, $757, 06/05/2007, John F. 
     Kerry; John Kerry for Senate, $1,542, 06/05/2007, John F. 
     Kerry; L.A. PAC $5,000, 08/23/2007; Obama for America, $200, 
     08/31/2007, Barack Obama; Tom Allen for Senate, $500, 10/01/
     2007, Thomas H. Allen; Jeff Merkley for Oregon, $2,000, 10/
     29/2007, Jeffrey Merkley; Iowa Democractic Party, $2,500, 10/
     31/2007; New Hampshire Dem. Party, $1,000, 12/19/2007; Al 
     Franken for Senate, $2,300, 04/30/2008, Al Franken; Udall for 
     Colorado $2,300, 06/24/2008, Mark E. Udall; Reed Committee, 
     $2,300, 06/30/2008, Jack Reed; Hilary Clinton for President, 
     $2,300, 07/14/2008, Hillary Clinton; Obama Victory Fund, 
     $2,300, 07/30/2008, Barack Obama; Committee for Change, 
     $5,000, 10/21/2008; Michigan Dem. State Comm, $489, 10/21/
     2008; Missouri Dem. State Comm, $329, 10/21/2008; Georgia 
     Federal Elections Comm, 347, 12/31/2008; Indiana Dem. Victory 
     Com, $323, 12/31/2008.
       2. Spouse: Susan Tolson: Obama for America, $2,300, 03/31/
     2007, Barack Obama; Rudy Giuliani Presidential Committee, 
     $2,300, 05/21/2007, Rudy Giuliani; John Kerry for Senate, 
     $2,300, 06/05/2007, John F. Kerry; Hillary Clinton for 
     President, $2,300, 07/14/2008, Hillary Clinton.
       3. Children: William Elias Rivkin, None; Lily Alexandra 
     Rivkin, none.
       4. Parents: William Robert Rivkin, deceased; Enid Hammerman 
     Long, deceased.
       Step Parents: Dr. John S. Long, none found; Barbara Vanton 
     Long, Obama for America, $2,300, 09/05/2007, Barack Obama.
       5. Grandparents: Sol Hammerman, Deceased; Celia Hammerman, 
     Deceased; Sam Rivkin, Deceased; Florence Rivkin, Deceased.
       6. Brothers and Spouses: Brother: Robert S. Rivkin, Obama 
     for Illinois, Inc., $1,000, 05/17/2005, Barack Obama; AON 
     Corporation PAC, $480, 06/30/2006; AON Corporation PAC, $480, 
     09/30/2006; Friends of Dick Durbin Comm., $500, 10/19/2006, 
     Richard J. Durbin; Obama for America, $2,100, 01/16/2007, 
     Barack Obama; Obama for America, $200, 02/09/2007, Barack 
     Obama; AON Corporation PAC, $480, 03/31/2007; AON Corporation 
     PAC, $480, 06/30/2007; Melissa Bean for Congress, $500, 09/
     28/2007, Melissa L. Bean; AON Corporation PAC, $480, 09/30/
     2007; AON Corporation PAC, $480, 12/31/2007; Obama for 
     America, $2,300, 09/25/2008, Barack Obama; Friends of Scott 
     Harper, $250, 10/29/2008, Scott Harper.
       Sister-in-law: Cindy Moelis, Hopefund, Inc., $1,000, 02/07/
     2006; Friends of Tammy Duckworth, $250, 10/20/2006; Obama for 
     America, $2,100, 01/16/2007; Obama for America, $200, 02/09/
     2007; Obama for America, $351, 12/31/2007; Obama for America, 
     $(351), 12/31/2007; Obama for America, $351, 12/31/2007; 
     Obama for America, $1,800, 07/31/2008; Obama for America, 
     $(1,800), 07/31/2008; Obama for America, $1,800, 07/31/2008; 
     Obama for America, $(45), 09/30/2008.
       7. Sisters and Spouses: Sister: Julie Wheeler, none; 
     Brother-in-law: Daniel Wheeler, Obama for America, $500, 02/
     23/2007.
       Sister: Laurie Ledford, none.
                                  ____

       *Louis B. Susman, of Illinois, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the United Kingdom of Great Britain and Northern 
     Ireland.
       Nominee: Louis Susman.
       POST: Ambassador to the United Kingdom and Northern 
     Ireland.
       (The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.)
       Contributions, amount, date, and donee:
       1. Self: $250, 2/16/2009, Mike Quigley; $500, 10/15/2008, 
     William G. Foster; $5,000, 09/29/2008, TOM PAC, $5,000, 09/
     14/2008, Obama Transition Project (section 501(c)(4) 
     organization); $30,800, 07/25/2008, Obama Victory Fund (joint 
     fundraising committee) Proceeds allocated as follows: 2,200, 
     07/31/2008, Obama for America; 28,600, 07/25/2008, DNC*; 
     $2,000, 07/17/2008, John Yarmuth; $28,500, 3/25/2008, Senate 
     Victory 2008 (joint fundraising committee) Proceeds allocated 
     as follows: $1,300, 6/30/2008, Jeanne Shaheen, $2,300, 6/30/
     2008, Jeanne Shaheen, $2,300, 6/27/2008, Mark Udall, $2,300, 
     6/27/2008, Mark Udhall, $20,030, 3/25/2008, DSCC; $1,000, 6/
     06/2008, Patrick Murphy; $300, 06/02/2008, Joseph R. Biden 
     (Senate); $700, 06/02/2008, Joseph R. Biden (Senate); $1,000, 
     03/31/2008, Dan Seals; $2,300, 03/31/2008, Thomas R. Harkin*; 
     $1,000, 03/31/2008, Deborah Halvorson; $1,000, 03/31/2008, 
     Dan Maffei; $1,000, 03/18/2007, Mary Landrieu; $250, 01/22/
     2008, Kay Barnes; $1,000, 12/31/2007, Jeanne Shaheen; $2,300, 
     12/26/2007, Tom Udall; $2,300, 12/26/2007, Tom Udall; $1,000, 
     12/19/2007, Tim Johnson; $2,000, 12/12/2007, Mark Warner; 
     $2,300, 10/22/2007, John F. Kerry; $1,000, 09/29/2007, Nicola 
     Tsongas; $1,000, 08/14/2007, Joseph R. Biden (President); 
     $2,300, 06/27/2007, Richard J. Durbin*; $1,000, 05/30/2007, 
     Jay Rockefeller; $1,000, 05/04/2007, Carl Levin; $2,300, 05/
     02/2007, Richard J. Durbin*; $2,300, 04/27/2007, Thomas R. 
     Harkin; $300, 04/25/2007, Obama for America*; $2,000 04/19/
     2007, Hillary Clinton (President); $5,000, 03/27/2007, DSCC; 
     $10,000, 03/23/2007, DCCC; $2,000, 03/23/2007, Jack F. Reed; 
     $2,100, 03/23/2007, Obama for America; $2,100, 01/16/2007, 
     Hopefund, Inc.*; $2,100, 12/01/2006, Thomas J. Vilsack; 
     $1,000, 11/09/2006, Tammy Duckworth, $1,000, 11/08/2006, 
     Christopher J. Dodd; $1,000, 11/08/2006, Christopher J. Dodd; 
     $1,000, 10/23/2006, Amy Klobuchar; $1,000, 10/16/2006, Debbie 
     Stabenow; $1,000, 09/29/2006, John Tester; $1,000, 08/21/
     2006, Sheldon Whitehouse; $500, 07/13/2006, John Yarmuth; 
     $1,000, 06/30/2006, Dan Seals; $1,000, 06/30/2006, Amy 
     Klobuchar; $2,000, 06/11/2006, Harold Ford Jr.; $2,000, 06/
     11/2006, Harold Ford Jr.; $1,000, 01/06/2006, Tammy 
     Duckworth; $1,900, 06/09/2005, Kent Conrad; $5,000, 05/27/
     2005, CHRIS PAC, $2,000, 04/29/2005, Kent Conrad; $1,000, 04/
     25/2006, Tammy Duckworth; $25,000, 03/31/2006, DSCC; $2,000, 
     11/18/2005, Joseph R. Biden; $2,100, 09/30/2005, Claire 
     McCaskill; $2,100 09/30/2005, Claire McCaskill; $2,000, 08/
     16/

[[Page 17031]]

     2005, Hillary Clinton; $5,000, 06/21/2005, Campaign for our 
     Country; $1,900, 03/28/2005, Edward M. Kennedy; $2,100, 03/
     28/2005, Edward M. Kennedy; $10,000, 3/17/2005, DCCC; 
     $10,000, 03/08/2005, DSCC; $10,000, -02/28/2005, DCCC; 
     $1,000, 01/20/2005, Maria Cantwell.
       2. *Louis Susman Refunds: $3,030, 5/7/2009, DNC; $4,600, 5/
     6/2009, Richard J. Durbin; $2,000, 5/6/2009, Thomas R. 
     Harkin; $100, 11/21/2008, DNC; $363, 8/1/2007, Obama for 
     America; $2,100, 1/23/2007, Hopefund, Inc.
       3. Spouse: Marjorie Susman: $10,000, 10/24/2008, Committee 
     for Change; $2,000, 10/24/2008, Barack Obama; $2,000, 10/16/
     2008, Obama Victory Fund; $2,300, 9/26/2008, Jeanne Shaheen; 
     $2,300, 07/23/2008, Mark E. Udall; $2,300, 07/23/2008, Mark 
     E. Udall; $2,300, 03/31/2008, Thomas R. Harkin; $200, 12/15/
     2007, Barack Obama; $2,300, 12/26/2007, Tom Udall; $2,300, 
     12/26/2007, Tom Udall; $2,300, 10/22/2007, John F. Kerry; 
     $2,300, 06/27/2007, Richard J. Durbin; $2,300, 4/30/2007, 
     Richard J. Durbin; $2,300, 04/23/2007, Thomas R. Harkin; 
     $300, 4/09/2007, Barack Obama; $2,000, 03/23/2007, Jack F. 
     Reed; $2,100, 01/19/2007, Barack Obama; $2,100, 01/16/2007, 
     Hopefund, Inc.; $2,100, 12/05/2006, Thomas J. Vilsack; 
     $2,000, 10/23/2006, Amy J. Klobuchar; $2,100, 11/14/2005, 
     Robert P. Casey Jr.; $2,100, 01/11/2006, Claire McCaskill; 
     $2,100, 01/11/2006, Claire McCaskill; $2,100, 11/14/2005, 
     Robert P. Casey Jr.; $500, 11/07/2005, Dianne Feinstein; 
     $1,900, 03/28/2005, Edward M. Kennedy; $2,100, 03/28/2005, 
     Edward M. Kennedy.
       4. Daughter: Sally Susman: $1,000, 01/13/2009, Presidential 
     Inaugural Committee; $5,000, 2009 Year, Pfizer PAC 
     (Committed); $1,000, 09/26/2008, Jeanne Shaheen; $3,744, 2008 
     Year, Pfizer PAC; $1,300, 10/24/2008, Barack Obama; $2,300, 
     08/19/2008, Barack Obama; $1,000, 05/15/2008, Prairie PAC; 
     $2,300, 04/17/2008, Tom Udall; $1,000, 11/20/2007, DSCC; 
     $1,000, 07/31/2007, Barack Obama; $2,300, -06/27/2007, 
     Richard J. Durbin; $2,300, 06/27/2007, Dick Durbin Cmte; 
     $2,300, 06/20/2007, Hillary Clinton; $250, 05/07/2007, 
     Richard Wager; $2,300, 04/27/2007, Thomas R. Harkin; $2,000, 
     03/23/2007, Jack Reed; $2,300, 01/29/2007, Hillary Clinton, 
     $2,100, 12/05/2006, Thomas J. Vilsack; $2,000, 10/23/2006, 
     Amy Klobuchar; $250, 10/22/2006, John Yarmuth; $250, 09/03/
     2006, Ron Klein; $1,000, 07/18/2006, Robert P. Casey Jr.; 
     $250, 05/19/2006, Sheldon Whitehouse; $250, 03/28/2006, Ford 
     Bell; $2,000, 12/06/2005, Robert P. Casey Jr.; $250, 11/28/
     2005, Ford Bell; $1,000, 10/21/2005, Dianne Feinstein.
       5. Son: William Susman: $2,300, 08/27/2008, Barack Obama; 
     $2,300, 04/17/2008, Tom Udall; $250, 03/18/2008, Fox; $2,300, 
     06/27/2007, Richard J. Durbin; $2,300, 06/27/2007, Richard J. 
     Durbin; $2,300, 05/03/2007, Thomas R. Harkin; $2,300, 5/03/
     2007, Thomas R. Harkin; $2,300, 03/30/2007, Barack Obama; 
     $2,000, 03/23/2007, Jack F. Reed; $2,100, 02/22/2007, Hillary 
     Clinton; $2,100, 12/05/2006, Thomas J. Vilsack; $1,000, 10/
     18/2006, Amy Klobuchar; $1,000, 03/31/2006, Roth; $2,000, 12/
     06/2005, Robert P. Casey Jr.; $2,000, 03/28/2005, Edward M. 
     Kennedy.
       6. Daughter-in-Law: Emily Glasser: $2,300, 06/27/2007, Dick 
     Durbin; $2,300, 06/27/2007, Dick Durbin; $100, 03/28/2007, 
     Tom Perriello; $2,300, 03/30/2007, Obama for America; $2,000, 
     03/23/2007, Jack F. Reed; $2,100, 02/22/2007, Hillary 
     Clinton.
       7. Mother: Selma Susman: $2,300, 03/30/2007, Obama for 
     America.
       8. Mother-in-law: Birdie Sachs: $2,300, 02/12/2007, Obama 
     for America.
       9. Sister: Elaine Tucker: $2,300, 07/25/2008; Obama Victory 
     Fund.
       10. Brother-in-law: Tom Tucker: $2,300, 07/28/2008, Obama 
     Victory Fund; $2,300, 07/02/2007, Obama Victory Fund.
                                  ____

       *Laurie Susan Fulton, of Virginia, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to Denmark.
       Nominee: Laurie S. Fulton.
       Post: Ambassador to Denmark.
       (The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.)
       Contributions, amount, date, donee:
       1. Self: $500, 03/12/05, Friends of Hillary; $500, 09/26/
     05, Stabenow for Senate; $250, 09/28/05, Hurst for Congress; 
     $500, 10/03/05, EMILY's List; $500, 11/01/05, Friends of 
     Hillary; $500, 11/01/05, DSCC; $250, 12/22/05, Schwartz for 
     Congress; $1500, 03/30/06, EMILY's List; $250, 04/10/06, Hope 
     Fund; $250, 04/21/06, Miller for Senate; $250, 05/22/06, 
     Akaka for Senate; $1000, 06/19/06, McCaskill for Missouri; 
     $500, 06/20/06, DSCC; $750, 09/06/06, DSCC; $250, 09/20/06, 
     Judy Feder--Congress; $1000, 09/29/06, Herseth for Congress; 
     $250, 10/07/06, Webb for Senate; $500, 01/19/07, Obama 
     (Exploratory Cte); $1800, 03/02/07, Obama for America; $250, 
     06/18/07, Obama for America; $2050, 06/30/07, Obama for 
     America; $1000, 11/05/07, DSCC; $500, 12/02/07, DSCC; $250, 
     12/21/07, Byrne for Congress; $2300, 01/22/08, Friends of 
     Mark Warner; $1000, 03/05/08, Al Franken for Senate; $1000, 
     05/02/08, Herseth for Congress; $250, 05/03/08, Judy Feder--
     Congress; $250, 05/05/08, Byrne for Congress; $500, 05/12/08, 
     Tim Johnson for Senate; $500, 05/13/08, Matsui for Congress; 
     $795.94, 05/13/08, Matsui for Congress; $2300, 07/24/08, 
     Obama Victory Fund; $500, 07/24/08, EMILY's List; $250, 07/
     29/08, Tim Johnson--Senate; $500, 07/29/08, Judy Feder--
     Congress; $2300, 07/31/08, DNC; $500, 08/05/08, EMILY's List; 
     $500, 09/24/08, Herseth for Congress; $500, 09/29/08, Tim 
     Johnson--Senate; $500, 10/06/08, Judy Feder--Congress; $500, 
     10/16/08, Kay Hagan--Senate; $1000, 10/17/08, Hillary Clinton 
     Cte; $250, 10/18/08, Kay Hagan--Senate; $250, 10/28/08, Kay 
     Hagan--Senate; $1000, 10/29/08, Hillary Clinton Cte; $250, 
     12/18/08, EMILY's List; $1000, 03/16/09, DNC.
       2. Spouse: N/A.
       3. Children and Spouses: Kelly Daschle, None.
       Spouse: Eric Chader: $500, 03/21/07, Obama for America; 
     $500, 11/30/07, Obama for America; $1300, 01/27/2008, Obama 
     for America.
        Nathan T. Daschle & Jill Daschle (spouse): $100, 08/31/05, 
     Friends of Jeff Smith; $1000, 11/30/05, Ted Kennedy--Senate; 
     $500, 05/31/06, Whitehouse for Senate; $2300, 02/07/07, Obama 
     for America; $1000, 02/07/07, Richardson for President; 
     $2300, 04/24/07, Edwards for President; $1000, 05/15/07, 
     Richardson for President; $150, 09/13/07, Shafroth for 
     Congress; $1000, 09/28/08, Al Franken for Senate; $1000, 10/
     01/07, Richardson for President; $2300, 12/06/07, Richardson 
     for President; $500, 10/08/07, Obama for America; $59.78, 01/
     15/08, Obama for America; $2300, 03/05/08, Obama for America; 
     $59.84, 04/14/08, Obama; $1000, 06/05/08, Anne Barth for 
     Congress; $250, 07/01/08, Shafroth for Congress; $250, 07/23/
     08, DNC; $2300, 09/12/08, Obama Victory Fund; $1000, 02/02/
     09, Friends of Chris Dodd.
       Lindsay Daschle, $250, 06/16/07, Obama for America; $1000, 
     01/31/08, Obama for America; $250, 02/07/08, Obama for 
     America.
       Tommy Ross (spouse) $250, 06/22/07, Obama for America; 
     $1000, 01/27/08, Obama for America.
       4. Parents: Vernon Arthur Klinkel--deceased (1968).
       Norma Lucille Jensen Klinkel--deceased (2000).
       5. Grandparents: Edward A. Klinkel--deceased (1970).
       Dora M. Klinkel--deceased (1968).
       Jens A. Jensen--deceased (1969).
       Olga Jensen--deceased (1982?).
       6. Brothers and Spouses: Thomas E. Klinkel: $100, 2006, 
     Giffords for Congress; $250, 01/27/08, Obama for America; 
     $500, 06/20/08, Obama for America; $250, 08/26/08, Obama 
     Victory Fund; $1,000, 09/12/08, Obama Victory Fund; $250, 10/
     08/08, Obama Victory Fund; $250, 10/16/08, Obama Victory 
     Fund; $250, 10/30/08, Obama Victory Fund.
       Gregory D. Klinkel & Suzanne Klinkel: $50, 09/07/06, DNC; 
     $25, 09/24/07, Udall for Colorado; $50, 04/06/08, DNC; $25, 
     04/25/08 Obama for America; $25, 06/10/08, Udall for 
     Colorado; $10, 07/26/08, DNC; $50, 11/03/08, Obama for 
     America.
       7. Sisters and Spouses:
       Linda K. Hawkins: none.
       Ronnie J. Hawkins (spouse): none.
       Lisa K. Wolf Johnson: $250, 06/30/07, Obama for America; 
     $30, 03/30/08, ActBlue (DSCC?); $500, 09/09/08, Obama Victory 
     Fund; $500, 09/19/08, Obama for America; $20, 09/30/08, DSCC; 
     $500, 10/17/08, Obama Victory Fund; $500, 10/24/08, Obama for 
     America; $250, 10/24/08, Obama for America; $250, 10/30/08, 
     Obama Victory Fund.
       Craig Johnson (spouse): none.
       Mary Klinkel: $20, 08/20/05, Friends of Hillary; $50, 09/
     14/05, DSCC; $25, 09/27/05, Friends of Robert Byrd; $50, 04/
     06/06, DSCC; $10, 06/26/06, Bob Casey for PA; $10, 06/26/06, 
     Whitehouse '06; $35, 06/26/06, DCCC; $25, 06/26/06, EMILY's 
     List; $20, 08/25/06, Bob Casey for PA; $20, 09/29/06, DCCC; 
     $20, 09/29/06, DSCC; $10, 01/23/07, DSCC; $250, 02/17/07, 
     Obama for America; $350, 06/13/07, Obama for America; $100, 
     02/05/08, Obama for America; $50, 05/17/08, Obama for 
     America; $50, 06/09/08, Obama for America; $50, 06/20/08, 
     Obama for America; $25, 07/10/08, Obama; $200, 09/30/08, 
     Obama Victory Fund; $35, 10/07/08, DCCC; $250, 10/22/08, 
     Obama Victory Fund; $100, 11/03/08, Obama Victory Fund; $50, 
     11/19/08, DSCC; $50, 11/23/08, ActBlue; $20, 03/30/09, DCCC; 
     $20, 03/30/09, DSCC.
       Darcy Anderson: $250, 06/30/07, Obama for America; $200, 
     02/08/08, Obama for America; $1,000, 05/02/08, Obama for 
     America; $850, 05/28/08, Obama for America; $1,000, 07/31/08, 
     Obama for America; $1,000, 09/10/08, Obama Victory Fund; 
     $1,000, 09/19/08, Obama for America; $300, 10/24/08, Obama 
     for America; $500, 10/30/08, Obama Victory Fund.
                                  ____

       *Timothy J. Roemer, of Indiana, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to India.
       Nominee: Timothy J. Roemer.
       Post: U.S. Ambassador to India.
       (The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.)
       Contributions, amount, date, and donee:
       1. Self: None.
       2. Spouse: Sarah J. Roemer: None.
       3. Children: Patrick H. Roemer: Child. Matthew B. Roemer: 
     Child. Sarah K. Roemer: Child. Grace E. Roemer: Child.
       4. Parents: James A. and Mary Ann Roemer: $200, 2008, 
     Barack Obama; $100, 2008, Joe Donnelly; $100, 2007, Joe 
     Donnelly; $100, 2006, Joe Donnelly.
       5. Grandparents: deceased.
       6. Brothers and Spouses: Mike and Julie Roemer: None. 
     Patrick and Margaret Roemer: None. Dan Roemer and Eve 
     Cominos: $1962, 2008, Barack Obama; $100, 2008, Al Franken; 
     $50, 2008, Jeanne Shaheen; $500, 2008, DCCC.

[[Page 17032]]


       7. Sister: Kathryn Roemer: $100, 2008, DNC.
                                  ____

       *Gordon Gray, of Virginia, a Career Member of the Senior 
     Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Republic of Tunisia.
       Nominee: Gordon Gray III.
       Post: Tunisia.
       (The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.)
       Contributions, amount, date, and donee:
       1. Self: None.
       2. Spouse: Connie B. Gray: None.
       3. Children and Spouses: Alexander Gray (single): None. 
     Angela S. Gray (single): None. Christopher G. Gray (single): 
     None.
       4. Parents: Gordon Gray, Jr.: Deceased. Virginia Garbers: 
     $50, 9/29/2008, Obama/Biden campaign; $50, 6/21/2008, 
     Democratic National Committee.
       5. Grandparents: Gordon Gray, Sr.--deceased; Eula Gray--
     deceased; M.D. Schlesinger--deceased; Mable Schlesinger--
     deceased.
       6. Brothers and Spouses: None.
       7. Sisters and Spouses: Alexander Pruner [sister]: None. 
     avid Pruner [brother-in-law]: None. Maria Gray [sister; 
     single]: None. Samantha Garbers [sister]: $826 at various 
     dates in 2008 to the Obama primary and general election 
     campaigns (the largest single contribution was $250 on 1/8/
     2008). Scott Adams [brother-in-law]: $2,500, 4/30/2009, 
     Chicago Mercantile Exchange Group PAC; $2,315, 1/27/2008, 
     Obama primary Campaign; $2,000, 6/6/2007, Democratic 
     Senatorial Campaign Committee.
                                  ____

       *Richard J. Schmierer, of Virginia, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Sultanate of Oman.
       Nominee: Richard J. Schmierer.
       Post: Muscat, Sultanate of Oman
       (The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.)
       Contributions, amount, date, donee:
       1. Self, none.
       2. Spouse, none.
       3. Children and Spouses, none.
       4. Parents, none.
       5. Grandparents, none.
       6. Brothers and Spouses: John Schmierer, $300, 7/07-7/08, 
     Barack Obama ($25 per month).
       7. Sisters and Spouses: none.
                                  ____

       *Mark Henry Gitenstein, of the District of Columbia, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to Romania.
       Nominee: Mark Gitenstein.
       Post: U.S. Ambassador to the Republic of Romania.
       (The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.)
       Contributions, amount, date, donee:
       1. Self: 2/9/2005, $1,000, Kennedy for Senate 2012; 2/11/
     2005, $5,000, Next Generation; 4/6/2005, $2,500, Democratic 
     Senatorial Campaign Committee; 5/5/2005, $2,000, Citizens for 
     Hope, Responsibility, Independence & Service PAC (CHRIS PAC) 
     (Sen. Chris Dodd, D-CT; 11/18/2005, $500, Feinstein for 
     Senate; 12/12/2005, $1,000, Carper for Senate; 3/8/2006, 
     $1,000, Friends of Hillary; 4/27/2006, $1,000, Feinstein for 
     Senate; 5/17/2006, $1,000, Friends of Mary Landrieu Inc; 6/5/
     2006, $1,000, Democratic Senatorial Campaign Committee; 6/26/
     2006, $500, Green Mountain PAC (Sen. Patrick Leahy, D-VT); 9/
     20/2006, $1,000, Friends of Rosa DeLauro; 9/29/2006, $1,000, 
     Democratic Senatorial Campaign Committee; 10/7/2006, $500, 
     Adam Smith for Congress Committee; 10/8/2006, $1,000 Green 
     Mountain PAC (Sen. Patrick Leahy, D-VT); 10/27/2006, $500, 
     Friends of Dan Maffei; 3/12/2007, $1,000, Democratic 
     Senatorial Campaign Committee; 5/16/2007, $1,000, Green 
     Mountain PAC (Sen. Patrick Leahy, D-VT); 8/16/2007, $1,000, 
     Friends of Rosa DeLauro; 12/21/2007, $200, Friends of Mary 
     Landrieu Inc; 12/21/2007, $300, Friends of Mary Landrieu Inc; 
     12/31/2007, $500, Tim Johnson for South Dakota Inc; 12/28/
     2008, $1,000, Hillary Clinton for President; 2/15/2008, $500, 
     Hillary Clinton for President; 2/20/2008, $500, Friends of 
     Dan Maffei; 3/12/2008, $500, Committee to Reelect Henry Hank 
     Johnson; 3/23/2008, $1,000, Nels Ackerson for Congress; 5/13/
     2008, $1,000, Friends of Mary Landrieu Inc.; 6/9/2008, $346, 
     Conyers for Congress; 6/13/2008, $1,000, Conyers for 
     Congress; 6/17/2008, $250, Friends of Mary Landrieu Inc.; 6/
     30/2008, $500, Nels Ackerson for Congress; 8/20/2008, $500, 
     Kennedy for Senate 2012; 5/19/2005, $1,000, Friends of Max 
     Baucus; 7/12/2006, $2,000, Unite Our States (Sen. Joe Biden,-
     DE); 12/20/2006, $1,000, Citizens for Biden; 1/31/2007, $300, 
     Friends of Max Baucus; 1/31/2007, $1,700, Friends of Max 
     Baucus; 3/13/2007, $1,000, Friends of Rahm Emanuel; 3/9/2008, 
     $1,000, Citizens for Biden; 3/20/2008, $400, Citizens for 
     Biden; 3/20/2008, $400, Citizens for Biden; 8/8/2005, $1,000, 
     Cantwell 2012; 12/20/2006, $1,000, Biden for President, Inc.; 
     3/30/2007, $1,000, Biden for President, Inc.; 6/21/2007, 
     $300, Biden for President, Inc.; 6/21/2007, $700, Biden for 
     President, Inc.; 3/26/2008, $1,000, Nels Ackerson for 
     Congress; 4/9/2008, $1,000, Biden for President, Inc.; 4/18/
     2008, $1,000, Chris Dodd for President, Inc.; 6/30/2009, 
     $1,700, Biden for President, Inc.;
       2. Spouse: Elizabeth Gitenstein: 7/20/2005, $500, Friends 
     of Rosa DeLauro; 7/25/2005, $1,000, Stabenow for U.S. Senate; 
     8/4/2005, $2,500, Unite Our States (Sen. Joe Biden, D-DE); 
     10/17/2005, $500, Friends of Mary Landrieu Inc.; 3/23/2006, 
     $1,000, Friends of Rosa DeLauro; 6/9/2006, $1,000, Friends of 
     Rosa DeLauro; 9/26/2006, $500, Searchlight Leadership Fund 
     (Sen Harry Reid, D-NV); 10/13/2006, $500, Friends of Mary 
     Landrieu Inc.; 11/18/2007, $2,000, Biden for President, Inc.; 
     4/9/2008, $300, Biden for President, Inc.; 9/30/2007, $250, 
     Cantwell 2012.
       3. Children and Spouses: Rebecca Gitenstein Bierlink 
     (daughter) & Bruce Bierlink, $75, 2008, Opposition to Cal 
     Prop 8. Benjamin Brown Gitenstein (son) & Emily Cherkin, 
     $200, 2007, Gregoire for Governor; $100, 2006, WA House Dem. 
     Caucus; $100, 2007, James Dow Constantine; $50, 2006, Richard 
     Kelley; $50, 2006, Sally Clark; $190.80, 2006, Voters for 
     Affordable Housing. Sarah Brown Gitenstein (daughter), $10, 
     2008, Voters for Affordable Housing.
       4. Parents: $10, 2008, Obama for America. Seymour 
     Gitenstein, $0.
       5. Grandparents: Sam & Pauline Green (deceased). Israel & 
     Rose Gitenstein (deceased).
       6. Brothers and Spouses: None.
       7. Sisters and Spouses: Barbara Gitenstein (sister) & Don 
     Hart, $0. Susan Assadi (sister) and Sammi Assadi, $500, 2009, 
     Obama for America.

       By Mr. DODD for Mr. Kennedy for the Committee on Health, 
     Education, Labor, and Pensions.
       *Phyllis Corrine Borzi, of Maryland, to be an Assistant 
     Secretary of Labor.
       *Nicole Lurie, of Maryland, to be Medical Director in the 
     Regular Corps of the Public Health Service, subject to 
     qualifications therefor as provided by law and regulations, 
     and to be Assistant Secretary for Preparedness and Response, 
     Department of Health and Human Services.

  *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. MENENDEZ (for himself, Mr. Reid, and Mr. Hatch):
       S. 1408. A bill to amend the Internal Revenue Code of 1986 
     to encourage alternative energy investments and job creation; 
     to the Committee on Finance.
           By Mr. KERRY (for himself and Mr. Hatch):
       S. 1409. A bill to expedite the adjudication of employer 
     petitions for aliens with extraordinary artistic ability; to 
     the Committee on the Judiciary.
           By Mr. REID (for Mr. Kennedy (for himself, Mr. 
             Bingaman, Mr. Sanders, Mr. Harkin, and Mr. Brown)):
       S. 1410. A bill to establish expanded learning time 
     initiatives, and for other purposes; to the Committee on 
     Health, Education, Labor, and Pensions.
           By Mr. REID (for Mr. Kennedy (for himself, Mr. Kerry, 
             Mrs. Murray, Mr. Bingaman, and Mr. Brown)):
       S. 1411. A bill to amend title V of the Elementary and 
     Secondary Education Act of 1965 to encourage and support 
     parent, family, and community involvement in schools, to 
     provide needed integrated services and comprehensive supports 
     to children, and to ensure that schools are centers of 
     communities, for the ultimate goal of assisting students to 
     stay in school, become successful learners, and improve 
     academic achievement; to the Committee on Health, Education, 
     Labor, and Pensions.
           By Ms. COLLINS:
       S. 1412. A bill to amend the Commodity Exchange Act to 
     clarify the treatment of purchases of certain commodity 
     futures contracts and financial instruments with respect to 
     limits established by the Commodity Futures Trading 
     Commission relating to excessive speculation, and for other 
     purposes; to the Committee on Agriculture, Nutrition, and 
     Forestry.
           By Mr. KERRY (for himself and Mr. Kennedy):
       S. 1413. A bill to amend the Adams National Historical Park 
     Act of 1998 to include the Quincy Homestead within the 
     boundary of the Adams National Historical Park, and for other 
     purposes; to the Committee on Energy and Natural Resources.

[[Page 17033]]


           By Mrs. McCASKILL:
       S. 1414. A bill to confer upon the United States Court of 
     Federal Claims jurisdiction to hear, determine, and render 
     final judgment on any legal or equitable claim against the 
     United States to receive just compensation for the taking of 
     certain lands in the State of Missouri, and for other 
     purposes; to the Committee on the Judiciary.
           By Mr. SCHUMER (for himself, Mr. Chambliss, and Mr. 
             Nelson of Nebraska):
       S. 1415. A bill to amend the Uniformed and Overseas 
     Citizens Absentee Voting Act to ensure that absent uniformed 
     services voters and overseas voters are aware of their voting 
     rights and have a genuine opportunity to register to vote and 
     have their absentee ballots cast and counted, and for other 
     purposes; to the Committee on Rules and Administration.
           By Mr. BROWNBACK (for himself, Mr. Kyl, and Mr. Gregg):
       S. 1416. A bill to require the redesignation of North Korea 
     as a state sponsor of terrorism, to impose sanctions with 
     respect to North Korea, to require reports on the status of 
     North Korea's nuclear weapons program and 
     counterproliferation efforts, and for other purposes; to the 
     Committee on Foreign Relations.
           By Mr. UDALL of Colorado:
       S. 1417. A bill to amend the Reclamation Projects 
     Authorization and Adjustment Act of 1992 to require the 
     Secretary of the Interior, acting through the Bureau of 
     Reclamation, to remedy problems caused by a collapsed 
     drainage tunnel in Leadville, Colorado, and for other 
     purposes; to the Committee on Energy and Natural Resources.
           By Mr. UDALL of Colorado (for himself and Mr. Bennet):
       S. 1418. A bill to direct the Secretary of the Interior to 
     carry out a study to determine the suitability and 
     feasibility of establishing Camp Hale as a unit of the 
     National Park System; to the Committee on Energy and Natural 
     Resources.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

           By Mrs. LINCOLN (for herself and Mr. Cochran):
       S. Res. 210. A resolution designating the week beginning on 
     November 9, 2009, as National School Psychology Week; to the 
     Committee on the Judiciary.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 144

  At the request of Mr. Kerry, the name of the Senator from South 
Dakota (Mr. Thune) was added as a cosponsor of S. 144, a bill to amend 
the Internal Revenue Code of 1986 to remove cell phones from listed 
property under section 280F.


                                 S. 405

  At the request of Mr. Leahy, the name of the Senator from New York 
(Mrs. Gillibrand) was added as a cosponsor of S. 405, a bill to amend 
the Internal Revenue Code of 1986 to provide that a deduction equal to 
fair market value shall be allowed for charitable contributions of 
literary, musical, artistic, or scholarly compositions created by the 
donor.


                                 S. 451

  At the request of Ms. Collins, the name of the Senator from 
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 451, a bill to 
require the Secretary of the Treasury to mint coins in commemoration of 
the centennial of the establishment of the Girl Scouts of the United 
States of America.


                                 S. 461

  At the request of Mr. Crapo, the name of the Senator from Mississippi 
(Mr. Cochran) was added as a cosponsor of S. 461, a bill to amend the 
Internal Revenue Code of 1986 to extend and modify the railroad track 
maintenance credit.


                                 S. 475

  At the request of Mr. Burr, the name of the Senator from South 
Carolina (Mr. DeMint) 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. 519

  At the request of Mr. Harkin, the name of the Senator from Alaska 
(Mr. Begich) was added as a cosponsor of S. 519, a bill to amend the 
Federal Insecticide, Fungicide, and Rodenticide Act to implement 
pesticide-related obligations of the United States under the 
international conventions or protocols known as the PIC Convention, the 
POPs Convention and the LRTAP POPs Protocol.


                                 S. 588

  At the request of Mr. Kerry, the name of the Senator from Connecticut 
(Mr. Lieberman) was added as a cosponsor of S. 588, a bill to amend 
title 46, United States Code, to establish requirements to ensure the 
security and safety of passengers and crew on cruise vessels, and for 
other purposes.


                                 S. 604

  At the request of Mr. Sanders, the names of the Senator from Georgia 
(Mr. Isakson), the Senator from Georgia (Mr. Chambliss) and the Senator 
from Kansas (Mr. Brownback) were added as cosponsors of S. 604, a bill 
to amend title 31, United States Code, to reform the manner in which 
the Board of Governors of the Federal Reserve System is audited by the 
Comptroller General of the United States and the manner in which such 
audits are reported, and for other purposes.


                                 S. 624

  At the request of Mr. Durbin, the names of the Senator from Rhode 
Island (Mr. Whitehouse) and the Senator from North Dakota (Mr. Dorgan) 
were added as cosponsors of S. 624, a bill to provide 100,000,000 
people with first-time access to safe drinking water and sanitation on 
a sustainable basis by 2015 by improving the capacity of the United 
States Government to fully implement the Senator Paul Simon Water for 
the Poor Act of 2005.


                                 S. 649

  At the request of Mr. Kerry, the name of the Senator from Arkansas 
(Mr. Pryor) was added as a cosponsor of S. 649, a bill to require an 
inventory of radio spectrum bands managed by the National 
Telecommunications and Information Administration and the Federal 
Communications Commission.


                                 S. 653

  At the request of Mr. Cardin, the names of the Senator from 
Mississippi (Mr. Cochran) and the Senator from Wyoming (Mr. Enzi) were 
added as cosponsors of S. 653, a bill to require the Secretary of the 
Treasury to mint coins in commemoration of the bicentennial of the 
writing of the Star-Spangled Banner, and for other purposes.


                                 S. 663

  At the request of Mr. Nelson of Nebraska, the name of the Senator 
from California (Mrs. Boxer) was added as a cosponsor of S. 663, a bill 
to amend title 38, United States Code, to direct the Secretary of 
Veterans Affairs to establish the Merchant Mariner Equity Compensation 
Fund to provide benefits to certain individuals who served in the 
United States merchant marine (including the Army Transport Service and 
the Naval Transport Service) during World War II.


                                 S. 733

  At the request of Mrs. Murray, the name of the Senator from Colorado 
(Mr. Bennet) was added as a cosponsor of S. 733, a bill to ensure the 
continued and future availability of lifesaving trauma health care in 
the United States and to prevent further trauma center closures and 
downgrades by assisting trauma centers with uncompensated care costs, 
core mission services, and emergency needs.


                                 S. 775

  At the request of Mr. Voinovich, the name of the Senator from West 
Virginia (Mr. Rockefeller) was added as a cosponsor of S. 775, a bill 
to amend title 10, United States Code, to authorize the availability of 
appropriated funds for international partnership contact activities 
conducted by the National Guard, and for other purposes.


                                 S. 790

  At the request of Mr. Bingaman, the name of the Senator from Illinois 
(Mr. Burris) was added as a cosponsor of S. 790, a bill to improve 
access to health care services in rural, frontier, and urban 
underserved areas in the United States by addressing the supply of 
health professionals and the distribution of health professionals to 
areas of need.


                                 S. 841

  At the request of Mr. Kerry, the name of the Senator from Utah (Mr. 
Bennett) was added as a cosponsor of

[[Page 17034]]

S. 841, a bill to direct the Secretary of Transportation to study and 
establish a motor vehicle safety standard that provides for a means of 
alerting blind and other pedestrians of motor vehicle operation.


                                 S. 941

  At the request of Mr. Crapo, the name of the Senator from Georgia 
(Mr. Chambliss) was added as a cosponsor of S. 941, a bill to reform 
the Bureau of Alcohol, Tobacco, Firearms, and Explosives, modernize 
firearm laws and regulations, protect the community from criminals, and 
for other purposes.


                                 S. 994

  At the request of Ms. Klobuchar, the name of the Senator from 
Wisconsin (Mr. Kohl) was added as a cosponsor of S. 994, a bill to 
amend the Public Health Service Act to increase awareness of the risks 
of breast cancer in young women and provide support for young women 
diagnosed with breast cancer.


                                S. 1157

  At the request of Mr. Conrad, the name of the Senator from Colorado 
(Mr. Udall) was added as a cosponsor of S. 1157, a bill to amend title 
XVIII of the Social Security Act to protect and preserve access of 
Medicare beneficiaries in rural areas to health care providers under 
the Medicare program, and for other purposes.


                                S. 1210

  At the request of Mr. Kaufman, the name of the Senator from Colorado 
(Mr. Udall) was added as a cosponsor of S. 1210, a bill to establish a 
committee under the National Science and Technology Council with the 
responsibility to coordinate science, technology, engineering, and 
mathematics education activities and programs of all Federal agencies, 
and for other purposes.


                                S. 1257

  At the request of Ms. Cantwell, the names of the Senator from Ohio 
(Mr. Brown) and the Senator from Wisconsin (Mr. Kohl) were added as 
cosponsors of S. 1257, a bill to amend the Social Security Act to build 
on the aging network to establish long-term services and supports 
through single-entry point systems, evidence based disease prevention 
and health promotion programs, and enhanced nursing home diversion 
programs.


                                S. 1273

  At the request of Mr. Dorgan, the names of the Senator from Georgia 
(Mr. Chambliss) and the Senator from Connecticut (Mr. Dodd) were added 
as cosponsors of S. 1273, a bill to amend the Public Health Service Act 
to provide for the establishment of permanent national surveillance 
systems for multiple sclerosis, Parkinson's disease, and other 
neurological diseases and disorders.


                                S. 1281

  At the request of Mrs. Lincoln, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 1281, a bill to enhance 
after-school programs in rural areas of the United States by 
establishing a pilot program to help communities establish and improve 
rural after-school programs.


                                S. 1308

  At the request of Mr. Lautenberg, the names of the Senator from 
Mississippi (Mr. Wicker) and the Senator from Alaska (Mr. Begich) were 
added as cosponsors of S. 1308, a bill to reauthorize the Maritime 
Administration, and for other purposes.


                                S. 1375

  At the request of Mr. Roberts, the name of the Senator from North 
Dakota (Mr. Conrad) was added as a cosponsor of S. 1375, a bill to 
amend the Agricultural Credit Act of 1987 to reauthorize State 
mediation programs.


                                S. 1382

  At the request of Mr. Dodd, the name of the Senator from Alaska (Mr. 
Begich) was added as a cosponsor of S. 1382, a bill to improve and 
expand the Peace Corps for the 21st century, and for other purposes.


                              S.J. RES. 17

  At the request of Mr. McConnell, the names of the Senator from Utah 
(Mr. Hatch) and the Senator from North Carolina (Mr. Burr) were added 
as cosponsors of S.J. Res. 17, a joint resolution approving the renewal 
of import restrictions contained in the Burmese Freedom and Democracy 
Act of 2003, and for other purposes.


                            S. CON. RES. 25

  At the request of Mr. Menendez, the names of the Senator from 
California (Mrs. Boxer) and the Senator from Illinois (Mr. Burris) were 
added as cosponsors of S. Con. Res. 25, a concurrent resolution 
recognizing the value and benefits that community health centers 
provide as health care homes for over 18,000,000 individuals, and the 
importance of enabling health centers and other safety net providers to 
continue to offer accessible, affordable, and continuous care to their 
current patients and to every American who lacks access to preventive 
and primary care services.


                               S. RES. 71

  At the request of Mr. Wyden, the name of the Senator from Florida 
(Mr. Martinez) was added as a cosponsor of S. Res. 71, a resolution 
condemning the Government of Iran for its state-sponsored persecution 
of the Baha'i minority in Iran and its continued violation of the 
International Covenants on Human Rights.


                           AMENDMENT NO. 1408

  At the request of Mr. Cornyn, the names of the Senator from Oregon 
(Mr. Merkley), the Senator from Kansas (Mr. Roberts), the Senator from 
South Dakota (Mr. Thune), the Senator from Oklahoma (Mr. Coburn), the 
Senator from Wyoming (Mr. Barrasso) and the Senator from Idaho (Mr. 
Risch) were added as cosponsors of amendment No. 1408 intended to be 
proposed to H.R. 2892, a bill making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KERRY (for himself and Mr. Hatch):
  S. 1409. A bill to expedite the adjudication of employer petitions 
for aliens with extraordinary artistic ability; to the Committee on the 
Judiciary.
  Mr. KERRY. Mr. President, one of the best ways that the U.S. can gain 
understanding and appreciation of other cultures is through the arts. 
Exposing children and adults alike to the creativity of other countries 
enriches our own artistic talents and helps bridge the gap between 
nations. It is for those reasons my colleague Senator Hatch and I have 
introduced the Arts Require Timely Service, ARTS, Act.
  This legislation helps streamline the visa process and waive fees so 
that foreign artists and musicians can share their talents in the U.S. 
Currently, the visa process for visiting artists is slow and costly, 
often times prohibiting artists from coming to the U.S. to share their 
talents. Breaking down these barriers is important and we shouldn't let 
the politics of immigration interfere with expanding our cultural 
horizons.
  I am proud to stand with Senator Hatch and the Performing Arts Visa 
Task Force to try and help artists visit our country and inspire our 
communities. I hope our colleagues will join us and pass this sensible 
reform to expedite cultural exchanges and artistic expression.
  Mr. HATCH. Mr. President, I rise to introduce with my colleague, 
Senator John Kerry, the Arts Require Timely Services, ARTS, Act.
  For some time, I have been working to improve the processing of visa 
petitions filed by nonprofit arts organizations. Unfortunately, years 
of delays, errors, and unpredictability have forced some U.S.-based 
nonprofit arts organizations from even trying to bring international 
artists into the United States. We must eliminate some of the 
bureaucratic barriers that have been negatively affecting performing 
artists.
  There is no doubt that nonprofit arts organizations across the 
country engage foreign guest artists in their orchestras, theatres, and 
dance and opera companies. In my home state of Utah, I am aware that 
many organizations that will benefit from passage of the ARTS Act, 
including Brigham Young University, Cache Valley Center for the Arts, 
The Orchestra of Southern Utah, University of Utah, Murray Symphony

[[Page 17035]]

Orchestra, Salt Lake Symphony, and the Utah Shakespeare Festival, to 
name a few.
  The ARTS Act would apply only to temporary, nonimmigrant visas for 
foreign artists visiting the United States. The legislation would 
require U.S. Citizenship and Immigration Services to treat as a Premium 
Processing case, or a 15-day turn-around, free of additional charge, 
any nonprofit arts-related O- and P-visa petition that it fails to 
adjudicate within 30 days. In November 2007, the Congressional Budget 
Office issued a cost estimate for the ARTS Act, stating that the bill 
would have no significant cost to the Federal Government.
  It is my hope that my colleagues will support passage of this 
legislation in the near future.
                                 ______
                                 
      By Mr. REID (for Mr. Kennedy (for himself, Mr. Bingaman, Mr. 
        Sanders, Mr. Harkin, and Mr. Brown):
  S. 1410. A bill to establish expanded learning time initiatives, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. KENNEDY. Mr. President, it is a privilege today to be introducing 
two bills to improve our schools and bring them into the 21st century. 
The Time for Innovation Matters in Education Act, S. 1410, or TIME Act, 
seeks to expand our 19th century school calendar to provide more time 
for learning across the curriculum. The Keeping Parents and Communities 
Engaged Act, S. 1411, or Keeping PACE Act, will encourage greater 
involvement of parents in their children's education, and engage 
community partners in supporting the comprehensive learning needs of 
students in school.
  These bills take different approaches, but both address critical 
challenges for our Nation's schools. By providing the time and 
resources for students to succeed, we can ensure that all students are 
equipped with the tools needed to be successful in the 21st century 
economy.
  As a result of the current 6 hours a day, 180 days a year schedule, 
American students spend about 30 percent less time in school than 
students in other leading nations. This gap hinders the ability of our 
students to compete with their peers around the globe who derive a 
significant advantage by having more time to learn what they need to 
know. About 1,000 U.S. schools are already tackling this problem on 
their own, and now it's time for the Federal Government to step up and 
help more students obtain the time in school they need.
  The TIME Act authorizes $350 million next year, increasing to up to 
$500 million in 2014, to support schools in expanding learning time by 
300 hours a year and redesigning their school day to meet the needs of 
students and teachers. The act promotes partnerships between schools 
and community-based organizations in expanding and redesigning the 
school schedule to give students a broader learning experience and 
encourage innovation. The goal of the act is not merely to encourage 
schools to add more time at the end of the day, but to take a close 
look at how they use their time and redesign the entire school schedule 
for the benefit of students' learning experiences.
  Studies document the difference an extra hour of school each day, a 
few more weeks of school each year, or additional time after or before 
school for tutoring can make to all students. According to these 
studies, the students for whom this time is most important for are the 
students we need to be focusing on--our neediest students. Students in 
disadvantaged families show a drop-off in learning over long summer 
recesses compared to their better-off classmates, and they fall farther 
behind each year. A 2007 study found that \2/3\ of the reading 
achievement gap between 9th graders of low and high socioeconomic 
standing in Baltimore public schools can be traced to what they 
learned, or failed to learn, during their summers.
  These students also are less likely to have parents with the time to 
help them with their school work. Expanded learning time can help these 
needy students catch up by shortening their summer recesses, providing 
more time for educators to support student learning, and giving schools 
the opportunity to provide these students with additional nutritious 
meals.
  In addition to those at risk of falling behind, more time for 
learning helps students who are on grade level get ahead, by providing 
greater time for enrichment and a broader curriculum. Additional time 
also enables more students to participate in experiential and 
interactive learning, in service learning opportunities in their 
schools and communities, and in internships, all of which help keep 
students engaged in school and make school more relevant.
  For additional time to be used most effectively, it must also work 
for teachers. The act encourages the use of this time for greater 
teacher planning and collaboration across grades and subjects, so that 
teachers can work together to help their students. Today's elementary 
school teachers spend less than 10 percent of their time planning 
lessons and preparing for classes--compared to over 40 percent for 
their Asian counterparts. Just as it does for students, time matters 
for teachers, by helping them to help their students more effectively.
  To assess the difference these programs will make, the TIME Act calls 
for a comprehensive evaluation of the programs it supports. We're still 
in the learning stages of expanded learning time. It is intuitive that 
time matters, but we're still learning what practices work best--for 
teachers, for students, and for schools. This evaluation will ensure 
that we will learn as much as possible about what works, and that the 
Department of Education will be able to do a better job of sharing best 
practices nationwide in supporting these initiatives.
  Expanded learning is an idea whose time has come, thanks in large 
part to the leadership of Massachusetts. As John Adams wrote in the 
Massachusetts Constitution in 1780, the education of the people is 
``necessary for the preservation of their rights and liberties.'' Ever 
since, Massachusetts has been ahead of the curve in education reform. 
In recent years, the Commonwealth has developed a significant expanded 
learning time initiative that enables schools to offer 300 additional 
hours of instruction during the school year, allocated as each school 
chooses. The initiative began with 10 schools in 2006. Twenty-six 
schools are now participating, and more than 40 are now planning to 
participate.
  At the Edwards Middle School in Boston's Charlestown neighborhood, 
additional time has made a difference. The percentage of students 
scoring ``proficient'' on math tests rose almost thirteen points during 
its first year with expanded school hours, and the school is also 
offering a wide array of extracurricular activities, including Latin 
American Dance, Musical Theater, and valuable apprenticeship 
opportunities.
  We know that many schools and districts around the country are 
seeking better ways to strengthen the support they offer parents and to 
deepen their connection with their communities. The No Child Left 
Behind Law includes requirements to develop parent-involvement policies 
and programs, release school report cards, and engage parents and 
community representatives to construct plans to improve struggling 
schools. The Keeping PACE Act builds on these activities to support 
schools in making parents and the community full partners in the 
education of their children.
  Parents are their children's first teachers, and they have immense 
influence over their children's attitudes, focus, priorities and goals. 
Well-informed parents are more likely to be involved, to ask questions, 
to suggest constructive changes and to make a difference in their 
child's education. They deserve to know what their children are 
learning and being tested on, what their children's grades and 
assessment scores mean, and how assessment data can be used to improve 
learning. Informed and engaged parents can help turn around struggling 
schools.
  Educators have long recognized this fact, based on their own 
experience and abundant research. Unfortunately, a series of reports by 
Appleseed make

[[Page 17036]]

clear schools and districts continue to face too many challenges that 
undermine the effort to achieve parental involvement. Parents may feel 
intimidated by language or cultural barriers, or have difficulty 
understanding their role as an advocate for their children. Parents too 
often find that the information provided by schools and districts is 
not released in a timely manner, is not clear and student-specific, and 
uses technical terms that are unfamiliar. Poor communication also often 
obscures the school-choice and supplemental-services options for 
parents under the No Child Left Behind Act.
  Heather Weiss, the director of the Harvard Family Research Project, 
emphasizes that with the conclusive evidence now available, the time 
has come for action. As she states, ``The question we must ask is, in 
addition to quality schools, what non-school learning resources should 
we invest in and scale up to improve educational outcomes, narrow 
achievement gaps, and equip our children with the knowledge and skills 
needed to succeed in the complex and global 21st century?''
  To encourage greater parent involvement, this bill amends the 
Elementary and Secondary Education Act to enable States to award grants 
to local education agencies to assist schools in hiring and maintaining 
Parent and Community Outreach Coordinators. These coordinators will 
build vital partnerships among families, schools, and the community. 
They'll work with school principals, teachers, and staff to encourage 
parents to become more involved in their child's education and give 
them the tools necessary to become successful advocates for their 
children. Instead of giving teachers, counselors, and principals more 
to do, every school should have a resource they can turn to for help 
with identifying student needs and using community resources to help 
all students succeed.
  Educational research also shows that students flourish in 
environments in which learning is a community value and in which 
schools have the ability to address a broad range of student needs. 
Many school districts have established full-service community schools 
that directly involve parents, families, and the entire community in 
education. These schools use integrated services to students to help 
meet multiple local needs in areas such as education, health, social 
services, and recreation. President Obama has recognized the power of 
these schools, by often citing the extraordinary success of the Harlem 
Children's Zone and using it as a model for his Promise Neighborhoods 
proposal.
  Responding to this research and to success stories from around the 
nation, the Keeping PACE Act will help school districts do more to 
increase community involvement in schools, provide a wide range of 
support and services to children, and make schools the center of their 
neighborhood. The Keeping PACE Act supports incentives for local 
education agencies to coordinate with mayors, community-based 
organizations, for-profit entities, and other local partners to re-
design and modernize their current school plans and facilities to link 
students more effectively with existing resources.
  Improved coordination among parents, schools, and their communities 
can create networks that enable and empower students to take advantage 
of many more opportunities to learn, and by doing so, we will uncover 
innovations to help all schools.
  As with the TIME Act, establishing this network will benefit not only 
students who need the greatest help with their learning, or who are at 
risk of dropping out, but also those who need more challenging 
schoolwork to keep them engaged and making progress.
  Yet again, Massachusetts is leading the way. A current Massachusetts 
pilot initiative has placed 32 full-time family and community outreach 
coordinators in Boston public schools. These coordinators are 
responsible for supporting families, teachers, and the community in a 
common effort to help students academically and socially, and their 
efforts have been successful.
  For example, the Family and Community Outreach Coordinator at the 
Condon School in Boston has offered workshops for parents on middle 
school transition and math curriculum and coordinated parent 
participation on an anti-bullying initiative at the school, called the 
School Climate Committee. The Coordinator has helped teachers and 
parents make connections for parent-teacher conferences, bringing in 
over 200 parents to participate in a fall open house, in which some of 
the teachers have reported contact with over 80 percent of their 
students' families. The Coordinator has also inspired donations to the 
school through the generosity of local businesses.
  Now is the time for the nation as a whole to make a greater effort on 
expanded learning and parent and community involvement. These two bills 
constitute a strong commitment to meet the comprehensive learning needs 
of children and families, guarantee a role for parents and families in 
local schools, and provide real hope to students most at-risk of 
dropping out. Addressing these challenges is essential to the future 
and prosperity of our nation as a whole.
  We know the dimensions of the problem we face. Today, 65 percent of 
12th graders do not read on grade level, and 1.2 million students who 
enter the ninth grade fail to receive a high school diploma four years 
later. We can no longer afford to pay this high price, either in terms 
of lost human potential or national productivity. These bills will help 
millions of young people reach their potential, and help make our 
education system the best in the world once again.
  The Keeping PACE Act is supported by 40 organizations representing 
education communities. Mr. President, I ask unanimous consent that 
their joint letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    June 19, 2009.
       Dear Senator Kennedy: The 40 undersigned organizations 
     support the Keeping Parents and Communities Engaged (PACE) 
     Act. We commend you for your sponsorship and look forward to 
     working together to include Keeping PACE in the 
     reauthorization of the Elementary and Secondary Education 
     Act.
       The Keeping PACE Act creates incentives and structure for 
     schools and communities to work together to support students 
     through coordinated, comprehensive, and targeted approaches 
     to meet the needs of students in school and outside school. 
     We're confident that this approach, supported by extensive 
     research, will lead to greater academic improvement and 
     future success for our young people.
       The legislation achieves these goals through a series of 
     voluntary programs that will be supported by federal grants. 
     Resources will be available to support parent and community 
     outreach coordinators to assist schools in engaging with the 
     community and achieving greater parental involvement. The 
     bill also will connect students to community resources and 
     comprehensive support services, so that effective community 
     organizations and others can provide students with support 
     outside the classroom to promote academic achievement. In 
     addition, resources will be provided to schools as centers of 
     communities, in order to expand the community school 
     movement.
       Extensive research and experience support the 
     implementation of each of these three approaches. Through 
     this approach, we believe that schools and communities will 
     be able to provide the services needed by students, 
     particularly those who are disadvantaged. We commend you for 
     introducing this legislation and we look forward to working 
     together to enact it.
           Sincerely,
         Communities In Schools; American Association of School 
           Administrators; American Association of University 
           Women; American Federation of Teachers; American Humane 
           Association; America's Promise Alliance; Association 
           for Supervision and Curriculum Development; Boys & 
           Girls Clubs of America; Big Brothers Big Sisters of 
           America; Center for American Progress.
         Center for Parent Leadership/Commonwealth Institute for 
           Parent Leadership; Chicago Public Schools; Children's 
           Aid Society; Citizen Schools; City Year; Coalition for 
           Community Schools; Family Connection of Easton; First 
           Focus; I Have A Dream Foundation; Massachusetts Parent 
           Information & Resource Center.
         Mentor; National Alliance of Black School Educators; 
           National Association of Elementary School Principals; 
           National Association of School Psychologists; National 
           Association of

[[Page 17037]]

           Secondary School Principals; National Association of 
           State Boards of Education; National Association of 
           State Directors of Special Education; National 
           Collaboration for Youth; National Coalition for Parent 
           Involvement in Education.
         National Education Association; National Youth Leadership 
           Council; PACER; Parent Teacher Association; Parent 
           Institute for Quality Education; Public Education 
           Network; The Forum for Youth Investment; The National 
           Coalition of ESEA Title I Parents--Region VII; Save the 
           Children; United Way; Youth Service America.
                                 ______
                                 
      By Mr. KERRY (for himself and Mr. Kennedy):
  S. 1413. A bill to amend the Adams National Historical Park Act of 
1998 to include the Quincy Homestead within the boundary of the Adams 
National Historical Park, and for other purposes, to the Committee on 
Energy and Natural Resources.
  Mr. KERRY. Mr. President, today I am introducing legislation that 
will designate Quincy Homestead, a local and national treasure, within 
the boundary of the Adams National Historic Park. The Quincy Homestead, 
located in Quincy, MA, was constructed in 1686 by Edmund Quincy II and 
was called home by five generations of Quincys and is an important 
historical site for Massachusetts and the nation. It housed great 
Americans such as President John Quincy Adams, Oliver Wendell Holmes, 
and Dorothy Quincy Hancock, the first First Lady of Massachusetts. In 
the years leading up to the American Revolution, it also served as a 
meeting place for renowned American patriots including President John 
Adams, Josiah Quincy, and John Hancock.
  In addition to its historical significance the Homestead is also a 
pristine example of American architecture and represents its evolution 
over three hundred years. The Quincy Homestead was designated a 
National Historic Landmark in 2005.
  While a lot of passion and hard work has gone into the preservation 
and operation of this property, there is more to be done to enhance 
these efforts and to realize the full potential of this property. 
Adding Quincy Homestead to the Adams National Park will advance 
opportunities for educational and recreational activities at the 
Homestead and allow greater public access to its rich historic and 
architectural traditions. I believe this piece of legislation will help 
the citizens of Massachusetts and the American people to take much 
fuller advantage of this stunning, national landmark. I ask all my 
colleagues to support this legislation.
                                 ______
                                 
      By Mrs. McCASKILL: 
  S. 1414. A bill to confer upon the United States Court of Federal 
Claims jurisdiction to hear, determine, and render final judgment on 
any legal or equitable claim against the United States to receive just 
compensation for the taking of certain lands in the State of Missouri, 
and for other purposes; to the Committee on the Judiciary.
  Mrs. McCASKILL. Mr. President, today I am here to talk about a simple 
bill that would correct a serious injustice.
  In 1992, land belonging to over 100 south St. Louis County homeowners 
was converted into a recreational trail under the National Trails 
System Act, which allows rights-of-way abandoned by railroads to be 
made into trails. I have nothing against the National Trails System 
Act. It is a good program; it improves communities and preserves 
rights-of-way. In 1990, the Supreme Court upheld the program as a 
rightful use of eminent domain, but made it absolutely clear that, in 
accordance with the Fifth Amendment, property owners must be justly 
compensated for their losses. Only this did not happen in the case of 
my constituents back in Missouri. These homeowners--modest, hardworking 
people--were never compensated for the loss of their land.
  These Missouri homeowners did everything right. First, in December 
1998, they filed their claim. Federal Judge Bruggink ruled the claim to 
be filed in timely manner, and the Department of Justice later agreed. 
Then, on two separate occasions, Judge Bruggink ruled that the federal 
government was liable for taking the Missouri homeowners' land. After 6 
years of litigation, the Department of Justice finally agreed on the 
amount of just compensation owed to each homeowner. On December 17, 
2004, Judge Bruggink found the settlement to be fair and prepared to 
enter a final order. However, just days before Judge Bruggink was to 
issue the final order, a separate court--considering an unrelated 
case--changed the rule on how to calculate the 6-year statute of 
limitations in which property owners have to file a claim for 
compensation.
  This new rule determined that the clock on the statute of limitations 
starts to run at the time negotiations for a possible trail begin, 
instead of when a trail is actually established. Frankly, this is a 
little ridiculous because the negotiations are between the railroad 
company and the trail operator, not the actual property owners who must 
file the claim. Frequently property owners are not even notified of the 
negotiations until a trail is established! In the Missouri homeowners' 
case, negotiations began in March 1992, 6 years and 9 months before 
they filed their claim. Under the new rule, they filed their claim 9 
months too late. As a result, the Court of Claims no longer had 
jurisdiction to approve the settlement and Judge Bruggink was forced to 
dismiss the case. To this day the government is still using these 
citizens' land for a recreational trail, the Grant's Trail, but the 
citizens have never been extended their constitutional right to just 
compensation.
  Today, along with my distinguished colleague from Missouri, Senator 
Bond, I am introducing legislation to correct this injustice. The Fair 
Compensation Act of 2009 would simply confer jurisdiction upon the U.S. 
Court of Federal Claims to hear the Missouri homeowners' claim. We are 
doing this for people like Gale and Sarah Illig, a retired couple who 
had a 50-foot wide strip of land taken from their yard. Then there is 
Betty Mea Steinhans, who lived in her home for 51 years. The 
recreational trail took out a sizable chunk of Betty's prized garden. A 
government appraiser and the DOJ determined that the Federal Government 
owed Betty $31,000. That is almost 25 percent of the value of her home! 
These Missourians, and dozens like them, have worked hard to purchase 
their homes, and they will likely rely on their home's value to provide 
for them into retirement. They deserve their day in court.
  Let me make this clear: our legislation does not award a monetary 
amount to Missouri landowners. While I certainly think the homeowners 
are entitled to just compensation, that is not Congress' decision. It 
is the Court of Federal Claim's job to make that decision. This 
legislation would only allow the Court the opportunity to hear this 
case on its merits and would not require any additional appropriations 
from Congress.
  Congress has the authority to enact special jurisdiction legislation; 
we have exercised it multiple times and the Supreme Court has upheld 
this right. In the late 1800s, Congress used it to give the Court of 
Federal Claims jurisdiction to hear the case of a businessman who had 
several hundred bales of cotton captured by General Sherman during the 
Civil War. More recently, Congress used it to give the Court 
jurisdiction to hear the case of the Pueblo of Isleta Indian Tribe, who 
had a sizable portion of their land taken by the Federal Government.
  I want to thank Senator Whitehouse and his staff for working with us 
to draft this legislation. I will continue to work with the Judiciary 
Committee on this issue, and I urge them to give this important 
legislation the consideration it deserves. I am confident that Congress 
will do what is right, and allow these hardworking Missouri homeowners 
their day in court.
                                 ______
                                 
      By Mr. UDALL of Colorado:
  S. 1417. A bill to amend the Reclamation Projects Authorization and 
Adjustment Act of 1992 to require the Secretary of the Interior, acting 
through the Bureau of Reclamation, to remedy problems caused by a 
collapsed drainage tunnel in Leadville, Colorado, and

[[Page 17038]]

for other purposes; to the Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Leadville Mine Drainage Tunnel Remediation Act of 2009. This bill is 
the same as a bill introduced in the last Congress by my colleague 
Representative Doug Lamborn. I was proud to cosponsor that bill in the 
last Congress, which passed the House of Representative but was not 
taken up in the Senate, and I am pleased to introduce it today.
  The Leadville Mine Drainage Tunnel Remediation Act addresses concerns 
regarding a mine tunnel in Leadville, Colorado. In 2008, a blockage 
formed in the tunnel that backed up a large volume of water, thereby 
creating a potential safety hazard to the community in the event of a 
catastrophic failure. While taking actions to address the immediate 
threat, questions arose as to whether the Bureau of Reclamation, which 
owns the tunnel, has the authority to help implement a number of 
remedies to reduce this threat and clean up additional contaminated 
water from the tunnel. My bill would clarify that the Bureau of 
Reclamation has the authority to treat water in the tunnel and is 
responsible for maintaining it in order to reduce future threats to the 
community.
  The Leadville Mine Drainage Tunnel was originally constructed by the 
federal Bureau of Mines in the 1940s and 1950s to facilitate the 
extraction of lead and zinc ore for World War II and Korean War 
efforts. The Bureau of Reclamation acquired the tunnel in 1959, hoping 
to use it as a source of water for the Fryingpan-Arkansas Project, a 
water diversion project in the Fryingpan and Arkansas River Basins. 
Although the tunnel was never used for the Fryingpan-Arkansas Project, 
water that flows out of the tunnel is considered part of the natural 
flow of the Arkansas River. With the passage and subsequent signing 
into law of H.R. 429 during the 102nd Congress, the Bureau of 
Reclamation constructed and continues to operate a water treatment 
plant at the mouth of the tunnel.
  Groundwater levels at the tunnel have fluctuated in recent years. The 
2008 collapse in the tunnel increased the tunnel's mine pool 
significantly, leading to new seeps and springs in the area. Estimates 
suggest that up to 1 billion gallons of water may have built up behind 
the blockage within the mine pool.
  In November 2007, the U.S. Environmental Protection Agency, EPA, sent 
a letter to the Bureau of Reclamation expressing concerns over a 
catastrophic blowout as a result of the built up water, and, in 
February 2008, the Lake County Commissioners declared a state of 
emergency. The Bureau of Reclamation developed a risk assessment in the 
area, and the EPA and the Bureau of Reclamation performed some 
emergency measures to relieve water pressure in the area.
  While this emergency work was important, the long-term need to 
rehabilitate and maintain the tunnel remains an open question. There 
has been general agreement on what needs to be done; namely, plugging 
the tunnel, drilling a well behind the plug, and then pumping the water 
out so it can be piped to the Bureau of Reclamation's existing 
treatment plant. However, it remains unclear as to whether the Bureau 
of Reclamation has the authority to help solve the problem by treating 
the water that the EPA plans to pump from behind the blockage.
  In short, we found there is not only a physical blockage, but also a 
legal blockage that has prevented the Bureau of Reclamation, the EPA 
and the State of Colorado from reaching an agreement on a long-term 
solution. This legislation will clear out the legal blockage by 
allowing the Bureau of Reclamation and the EPA to collaboratively 
implement the proposed remedy and address the unsafe mine pool in the 
tunnel.
  Specifically, the bill does three things:
  First, it clarifies that the Bureau of Reclamation has the authority 
to treat water pooling up behind the blockage. Currently, the Bureau 
has authority to treat ``historic releases,'' which could include water 
behind the tunnel blockage, but Bureau of Reclamation officials are 
uncertain. In response, this bill eliminates the ``historic release'' 
language and clarifies that the Bureau of Reclamation can treat the 
blocked water in the tunnel.
  Second, the bill authorizes and directs the Bureau of Reclamation to 
participate with the EPA on the remedy established under Superfund for 
the tunnel. The bill also maintains that the Bureau of Reclamation is 
not liable for the Superfund site cleanup in Leadville. Nevertheless, 
since remediation activities will occur within the Superfund site, the 
Bureau of Reclamation has been reluctant to implement this remedy. The 
Bureau of Reclamation does not want to assume any Superfund liability 
and does not read current law as allowing participation with the EPA on 
the long-term remedy. The bill clarifies that the Bureau of Reclamation 
not only has the authority to implement the long-term solution at the 
Superfund site, but that it will be required to join the EPA in 
implementing it.
  Third, the bill clarifies that the Bureau of Reclamation is required 
to maintain the structural integrity of the tunnel to minimize the 
chance of another blockage within the tunnel.
  The bill also authorizes any funding that might be necessary for the 
Bureau of Reclamation to perform its clarified responsibilities under 
this bill.
  By clearing up the legal blockage, the bill will help create a 
collaborative working relationship between the Bureau of Reclamation, 
the EPA and the State of Colorado to solve this problem for the long-
term benefit of Colorado.
  I look forward to working with the rest of the Colorado Congressional 
delegation on this legislation and on moving quickly to address 
concerns with the Leadville Mine Drainage Tunnel.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1417

       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 ``Leadville Mine Drainage 
     Tunnel Remediation Act of 2009''.

     SEC. 2. TUNNEL MAINTENANCE.

       Section 705 of the Reclamation Projects Authorization and 
     Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) 
     is amended to read as follows:

     ``SEC. 705. TUNNEL MAINTENANCE.

       ``The Secretary shall take such steps to repair or maintain 
     the structural integrity of the Leadville Mine Drainage 
     Tunnel as are necessary to prevent Tunnel failure and to 
     preclude uncontrolled release of water from any portion of 
     the Tunnel.''.

     SEC. 3. WATER QUALITY RESTORATION.

       (a) In General.--Section 708(a) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4657) is amended--
       (1) by striking ``(a) The Secretary'' and inserting the 
     following:
       ``(a) In General.--
       ``(1) Authorization.--The Secretary'';.
       (2) by striking ``Neither'' and inserting the following:
       ``(2) Liability.--Neither'';
       (3) by striking ``The Secretary shall have'' and inserting 
     the following:
       ``(3) Facilities covered under other laws.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall have'';
       (4) by inserting after ``Recovery Act.'' the following:
       ``(B) California gulch superfund site operable unit 6 
     remedy.--The Secretary shall participate in the 
     implementation of the operable unit 6 remedy for the 
     California Gulch Superfund Site, as the remedy is described 
     in the Record of Decision of the Environmental Protection 
     Agency for the operable unit (2003), by--
       ``(i) treating water behind any blockage or bulkhead in the 
     Leadville Mine Drainage Tunnel, including surface water 
     diverted into the  Tunnel workings as part of the remedy; and
       ``(ii) managing and maintaining the mine pool behind the 
     blockage or bulkhead at a level that precludes surface runoff 
     and releases and minimizes the potential for Tunnel failure 
     due to excessive water pressure in the Tunnel.''; and
       (5) by striking ``For the purpose of'' and inserting the 
     following:
       ``(4) Definition of upper arkansas river basin.--In''.
       (b) Authorization of Approprations.--Section 708(f) of the 
     Reclamation Projects

[[Page 17039]]

     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4657) is amended by striking ``sections 707 and 
     708'' and inserting ``this section and sections 705 and 
     707''.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself and Mr. Bennet):
  S. 1418. A bill to direct the Secretary of the Interior to carry out 
a study to determine the suitability and feasibility of establishing 
Camp Hale as a unit of the National Park System; to the Committee on 
Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the Camp 
Hale Study Act of 2009. This is a companion bill to the one my Colorado 
colleague, Rep. Doug Lamborn, has introduced in the House of 
Representatives, H.R. 2330.
  This bill was first introduced by Rep. Lamborn in the last Congress 
and I was proud to cosponsor that bill. The bill passed the House of 
Representatives last session, but was not taken up by the Senate. H.R. 
2330 has passed the House of Representatives in this Congress and I 
hope that the Senate can do the same.
  I am again pleased to join my colleague Representative Lamborn in 
reintroducing this bill. It concerns an important military legacy from 
the WWII era. Camp Hale, located in the mountains of central Colorado, 
was a facility that trained a number of soldiers for combat in high 
alpine and mountainous conditions. Principally, it was a training venue 
for the Army's 10th Mountain Division and other elements of the U.S. 
Armed Forces. The geography of the area was ideal for winter and high-
altitude training, with steep mountains surrounding a level valley 
suitable for housing and other facilities. The camp itself was located 
in Eagle County along the Eagle River, and its training boundary 
included lands in Eagle, Summit, Lake, and Pitkin Counties.
  In addition to the 10th Mountain Division, the 38th Regimental Combat 
Team, 99th Infantry Battalion, and soldiers from Fort Carson were 
trained at Camp Hale from 1942 to 1965. Throughout this time, the Army 
tested a variety of weapons and equipment at Camp Hale.
  Between 1956 and 1965, the camp was also used by the Central 
Intelligence Agency as a secret center for training Tibetan refugees in 
guerilla warfare to resist the Chinese occupation of their mountainous 
country.
  In July 1965, Camp Hale was deactivated and control of the lands was 
returned to the Forest Service in 1966. Today the camp is part of the 
White River and San Isabel National Forests. The U.S. Army Corps of 
Engineers is working to clean up potentially hazardous munitions left 
over from weapons testing at the camp, particularly in the East Fork.
  Camp Hale was placed on the National Register of Historic Places in 
1992. The bill I am introducing today would direct the Secretary of the 
Interior to study the feasibility and suitability of establishing Camp 
Hale, near Leadville, CO, as a national historic district.
  Specifically, the bill directs the Secretary of the Interior, acting 
through the Director of the National Park Service, to complete a 
special resource study of Camp Hale to determine the suitability and 
feasibility of designating Camp Hale as a separate unit of the National 
Park System, and also to consider other Federal, State, local, private 
or nonprofit means of protecting and interpreting the site. That would 
include an analysis of the significance of Camp Hale in relation to the 
defense of our Nation during World War II and the Cold War, including 
the use of Camp Hale for training of the 10th Mountain Division and 
other elements of the United States Armed Forces; and use of Camp Hale 
for training by the Central Intelligence Agency of Tibetan refugees 
seeking to resist the Chinese occupation of Tibet.
  The study would also examine the opportunities for public enjoyment 
of the site, any operational, management, and private property issues 
that need to be considered if Camp Hale were to be added to the 
National Park System, the feasibility of administering Camp Hale as a 
unit of the National Park System considering its size, configuration, 
ownership, costs, and other factors, and the adequacy of other 
alternatives for management and resource protection of Camp Hale and 
for appropriately commemorating the role of Camp Hale in connection 
with training of United States troops and assistance to Tibetans 
opposed to the occupation of Tibet.
  The bill also contains language ensuring that existing private 
property rights are not affected by this study, including water rights. 
The bill in this Congress contains a small change from the last bill in 
that it makes clear that the bill does not affect the ability to 
construct needed water infrastructure in the area subject to the study.
  Camp Hale is an important part of our nation's proud national defense 
legacy and it deserves to be recognized and protected. The people who 
trained there are proud of their accomplishments and I am proud to join 
Representative Lamborn in supporting this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1418

       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 ``Camp Hale Study Act''.

     SEC. 2. SPECIAL RESOURCE STUDY OF THE SUITABILITY AND 
                   FEASIBILITY OF ESTABLISHING CAMP HALE AS A UNIT 
                   OF THE NATIONAL PARK SYSTEM.

       (a) In General.--The Secretary of the Interior, acting 
     through the Director of the National Park Service, 
     (hereinafter referred to as the ``Secretary'') shall complete 
     a special resource study of Camp Hale to determine--
       (1) the suitability and feasibility of designating Camp 
     Hale as a separate unit of the National Park System; and
       (2) the methods and means for the protection and 
     interpretation of Camp Hale by the National Park Service, 
     other Federal, State, or local government entities or private 
     or nonprofit organizations.
       (b) Study Requirements.--The Secretary shall conduct the 
     study in accordance with section 8(c) of Public Law 91-383 
     (16 U.S.C. 1a-5(c)).
       (c) Report.--Not later than 3 years after the date on which 
     funds are made available to carry out this Act, the Secretary 
     shall submit to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report containing--
       (1) the results of the study; and
       (2) any recommendations of the Secretary.

     SEC. 3. EFFECT OF STUDY.

       Nothing in this Act shall affect valid existing rights or 
     the exercise of such rights, including--
       (1) all interstate water compacts in existence on the date 
     of the enactment of this Act (including full development of 
     any apportionment made in accordance with the compacts);
       (2) water rights decreed at the Camp Hale site or flowing 
     within, below, or through the Camp Hale site;
       (3) water rights in the State of Colorado;
       (4) water rights held by the United States;
       (5) the management and operation of any reservoir, 
     including the storage, management, release, or transportation 
     of water; and
       (6) the ability, subject to compliance with lawful existing 
     local, State, and Federal regulatory requirements, to 
     construct and operate that infrastructure determined 
     necessary by those with decreed water rights to develop and 
     place to beneficial use such rights.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

 SENATE RESOLUTION 210--DESIGNATING THE WEEK BEGINNING ON NOVEMBER 9, 
                2009, AS NATIONAL SCHOOL PSYCHOLOGY WEEK

  Mrs. LINCOLN (for herself and Mr. Cochran) submitted the following 
resolution; which was referred to the Committee on the Judiciary:

                              S. Res. 210

       Whereas all children and youth learn best when they are 
     healthy, supported, and receive an education that meets their 
     individual needs;
       Whereas schools can more effectively ensure that all 
     students are ready and able to learn if schools meet all the 
     needs of each student;
       Whereas learning and development are directly linked to the 
     mental health of children, and a supportive learning 
     environment

[[Page 17040]]

     is an optimal place to promote mental health;
       Whereas sound psychological principles are critical to 
     proper instruction and learning, social and emotional 
     development, prevention and early intervention, and support 
     for a culturally diverse student population;
       Whereas school psychologists are specially trained to 
     deliver mental health services and academic support that 
     lower barriers to learning and allow teachers to teach more 
     effectively;
       Whereas school psychologists facilitate collaboration that 
     helps parents and educators identify and reduce risk factors, 
     promote protective factors, create safe schools, and access 
     community resources;
       Whereas school psychologists are trained to assess barriers 
     to learning, utilize data-based decisionmaking, implement 
     research-driven prevention and intervention strategies, 
     evaluate outcomes, and improve accountability;
       Whereas State educational agencies and other State 
     entitities credential more than 35,000 school psychologists 
     who practice in schools in the United States as key 
     professionals that promote the learning and mental health of 
     all children;
       Whereas the National Association of School Psychologists 
     establishes and maintains high standards for training, 
     practice, and school psychologist credentialing, in 
     collaboration with organizations such as the American 
     Psychological Association, that promote effective and ethical 
     services by school psychologists to children, families, and 
     schools; and
       Whereas the people of the United States should recognize 
     the vital role school psychologists play in the personal and 
     academic development of the Nation's children: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) designates the week beginning on November 9, 2009, as 
     National School Psychology Week;
       (2) honors and recognizes the contributions of school 
     psychologists to the success of students in schools across 
     the United States; and
       (3) encourages the people of the United States to observe 
     the week with appropriate ceremonies and activities that 
     promote awareness of the vital role school psychologists play 
     in schools, in the community, and in helping students develop 
     into successful and productive members of society.

                          ____________________




                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 1412. Mr. VITTER submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, making appropriations for the Department of 
     Homeland Security for the fiscal year ending September 30, 
     2010, and for other purposes; which was ordered to lie on the 
     table.
       SA 1413. Mr. SHELBY (for himself, Mr. Dodd, and Mr. Reed) 
     submitted an amendment intended to be proposed to amendment 
     SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
     Inouye, and Mrs. Murray)) to the bill H.R. 2892, supra; which 
     was ordered to lie on the table.
       SA 1414. Mr. GRASSLEY submitted an amendment intended to be 
     proposed by him to the bill H.R. 2892, supra; which was 
     ordered to lie on the table.
       SA 1415. Mr. GRASSLEY submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra.
       SA 1416. Mr. PRYOR (for himself, Mr. Hatch, Mr. Coburn, and 
     Mr. Corker) submitted an amendment intended to be proposed to 
     amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for 
     himself, Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, 
     supra; which was ordered to lie on the table.
       SA 1417. Mr. BINGAMAN submitted an amendment intended to be 
     proposed by him to the bill H.R. 2892, supra; which was 
     ordered to lie on the table.
       SA 1418. Mr. NELSON, of Nebraska (for himself, Ms. Collins, 
     Ms. Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. 
     McCaskill) submitted an amendment intended to be proposed by 
     him to the resolution S. Res. 175, expressing the sense of 
     the Senate that the Federal Government is a reluctant 
     shareholder in the ownership of General Motors and Chrysler; 
     which was referred to the Committee on Banking, Housing, and 
     Urban Affairs.
       SA 1419. Mr. NELSON, of Nebraska (for himself, Ms. Collins, 
     Ms. Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. 
     McCaskill) submitted an amendment intended to be proposed by 
     him to the resolution S. Res. 175, supra; which was referred 
     to the Committee on Banking, Housing, and Urban Affairs.
       SA 1420. Mr. NELSON, of Nebraska (for himself, Ms. Collins, 
     Ms. Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. 
     McCaskill) submitted an amendment intended to be proposed by 
     him to the resolution S. Res. 175, supra; which was referred 
     to the Committee on Banking, Housing, and Urban Affairs.
       SA 1421. Mr. KYL submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, making appropriations for the Department of 
     Homeland Security for the fiscal year ending September 30, 
     2010, and for other purposes; which was ordered to lie on the 
     table.
       SA 1422. Mr. KYL submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1423. Mr. KYL submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1424. Mr. KYL submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1425. Mr. KYL submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1426. Mr. KYL submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1427. Mr. KYL submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1428. Mr. HATCH (for himself, Mr. Menendez, Mr. Nelson, 
     of Florida, and Mrs. Gillibrand) submitted an amendment 
     intended to be proposed to amendment SA 1373 proposed by Mr. 
     Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. 
     Murray)) to the bill H.R. 2892, supra.
       SA 1429. Mr. VITTER submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1430. Mr. SANDERS (for himself, Mr. Casey, and Mr. 
     Carper) submitted an amendment intended to be proposed by him 
     to the bill H.R. 2892, supra; which was ordered to lie on the 
     table.
       SA 1431. Mr. BENNET submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1432. Mr. KYL (for himself and Mr. McCain) proposed an 
     amendment to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra.
       SA 1433. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the bill H.R. 2892, supra; which was 
     ordered to lie on the table.
       SA 1434. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the bill H.R. 2892, supra; which was 
     ordered to lie on the table.
       SA 1435. Mr. PRYOR (for himself, Mr. Hatch, and Mr. Corker) 
     submitted an amendment intended to be proposed to amendment 
     SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
     Inouye, and Mrs. Murray)) to the bill H.R. 2892, supra; which 
     was ordered to lie on the table.
       SA 1436. Mr. LIEBERMAN submitted an amendment intended to 
     be proposed to amendment SA 1373 proposed by Mr. Reid (for 
     Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the 
     bill H.R. 2892, supra; which was ordered to lie on the table.
       SA 1437. Mr. LIEBERMAN submitted an amendment intended to 
     be proposed to amendment SA 1373 proposed by Mr. Reid (for 
     Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the 
     bill H.R. 2892, supra; which was ordered to lie on the table.
       SA 1438. Mr. KERRY submitted an amendment intended to be 
     proposed by him to the bill H.R. 2892, supra; which was 
     ordered to lie on the table.
       SA 1439. Mr. NELSON, of Florida submitted an amendment 
     intended to be proposed by him to the bill H.R. 2892, supra; 
     which was ordered to lie on the table.
       SA 1440. Mr. GRASSLEY submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1441. Mr. MENENDEZ submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1442. Mr. MENENDEZ submitted an amendment intended to be 
     proposed by him to the bill H.R. 2892, supra; which was 
     ordered to lie on the table.
       SA 1443. Mr. DODD (for himself, Mr. Lieberman, and Mr. 
     Carper) submitted an

[[Page 17041]]

     amendment intended to be proposed to amendment SA 1373 
     proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, 
     and Mrs. Murray)) to the bill H.R. 2892, supra; which was 
     ordered to lie on the table.
       SA 1444. Mr. COBURN submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1445. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the bill H.R. 2892, supra; which was 
     ordered to lie on the table.
       SA 1446. Mr. COBURN submitted an amendment intended to be 
     proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. 
     Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
     H.R. 2892, supra; which was ordered to lie on the table.
       SA 1447. Mr. CORNYN (for himself, Mr. Pryor, Mr. Hatch, Mr. 
     Vitter, Mr. Risch, Mr. Chambliss, Mr. Corker, Mr. Enzi, Mr. 
     Barrasso, Mr. Graham, Mr. Roberts, Mr. Wyden, and Mr. Crapo) 
     submitted an amendment intended to be proposed to amendment 
     SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
     Inouye, and Mrs. Murray)) to the bill H.R. 2892, supra; which 
     was ordered to lie on the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 1412. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. GOVERNMENT NEUTRALITY IN CONTRACTING.

       (a) Purposes.--It is the purpose of this section to--
       (1) promote and ensure open competition on Federal and 
     federally funded or assisted construction projects;
       (2) maintain Federal Government neutrality towards the 
     labor relations of Federal Government contractors on Federal 
     and federally funded or assisted construction projects;
       (3) reduce construction costs to the Federal Government and 
     to the taxpayers;
       (4) expand job opportunities, especially for small and 
     disadvantaged businesses; and
       (5) prevent discrimination against Federal Government 
     contractors or their employees based upon labor affiliation 
     or the lack thereof, thereby promoting the economical, 
     nondiscriminatory, and efficient administration and 
     completion of Federal and federally funded or assisted 
     construction projects.
       (b) Preservation of Open Competition and Federal Government 
     Neutrality.--
       (1) Prohibition.--
       (A) General rule.--The head of each executive agency that 
     awards any construction contract after the date of enactment 
     of this Act, or that obligates funds pursuant to such a 
     contract, shall ensure that the agency, and any construction 
     manager acting on behalf of the Federal Government with 
     respect to such contract, in its bid specifications, project 
     agreements, or other controlling documents does not--
       (i) require or prohibit a bidder, offeror, contractor, or 
     subcontractor from entering into, or adhering to, agreements 
     with 1 or more labor organization, with respect to that 
     construction project or another related construction project; 
     or
       (ii) otherwise discriminate against a bidder, offeror, 
     contractor, or subcontractor because such bidder, offeror, 
     contractor, or subcontractor--

       (I) became a signatory, or otherwise adhered to, an 
     agreement with 1 or more labor organization with respect to 
     that construction project or another related construction 
     project; or
       (II) refused to become a signatory, or otherwise adhere to, 
     an agreement with 1 or more labor organization with respect 
     to that construction project or another related construction 
     project.

       (B) Application of prohibition.--The provisions of this 
     subsection shall not apply to contracts awarded prior to the 
     date of enactment of this Act, and subcontracts awarded 
     pursuant to such contracts regardless of the date of such 
     subcontracts.
       (C) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to prohibit a contractor or subcontractor 
     from voluntarily entering into an agreement described in such 
     subparagraph.
       (2) Recipients of grants and other assistance.--The head of 
     each executive agency that awards grants, provides financial 
     assistance, or enters into cooperative agreements for 
     construction projects after the date of enactment of this 
     Act, shall ensure that--
       (A) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     recipient of a grant or financial assistance, or by the 
     parties to a cooperative agreement, do not contain any of the 
     requirements or prohibitions described in clause (i) or (ii) 
     of paragraph (1)(A); or
       (B) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     construction manager acting on behalf of a recipient or party 
     described in subparagraph (A), do not contain any of the 
     requirements or prohibitions described in clause (i) or (ii) 
     of paragraph (1)(A).
       (3) Failure to comply.--If an executive agency, a recipient 
     of a grant or financial assistance from an executive agency, 
     a party to a cooperative agreement with an executive agency, 
     or a construction manager acting on behalf of such an agency, 
     recipient or party, fails to comply with paragraph (1) or 
     (2), the head of the executive agency awarding the contract, 
     grant, or assistance, or entering into the agreement, 
     involved shall take such action, consistent with law, as the 
     head of the agency determines to be appropriate.
       (4) Exemptions.--
       (A) In general.--The head of an executive agency may exempt 
     a particular project, contract, subcontract, grant, or 
     cooperative agreement from the requirements of 1 or more of 
     the provisions of paragraphs (1) and (2) if the head of such 
     agency determines that special circumstances exist that 
     require an exemption in order to avert an imminent threat to 
     public health or safety or to serve the national security.
       (B) Special circumstances.--For purposes of subparagraph 
     (A), a finding of ``special circumstances'' may not be based 
     on the possibility or existence of a labor dispute concerning 
     contractors or subcontractors that are nonsignatories to, or 
     that otherwise do not adhere to, agreements with 1 or more 
     labor organization, or labor disputes concerning employees on 
     the project who are not members of, or affiliated with, a 
     labor organization.
       (C) Additional exemption for certain projects.--The head of 
     an executive agency, upon application of an awarding 
     authority, a recipient of grants or financial assistance, a 
     party to a cooperative agreement, or a construction manager 
     acting on behalf of any of such entities, may exempt a 
     particular project from the requirements of any or all of the 
     provisions of paragraphs (1) or (3), if the agency head 
     finds--
       (i) that the awarding authority, recipient of grants or 
     financial assistance, party to a cooperative agreement, or 
     construction manager acting on behalf of any of such entities 
     had issued or was a party to, as of the date of the enactment 
     of this Act, bid specifications, project agreements, 
     agreements with one or more labor organizations, or other 
     controlling documents with respect to that particular 
     project, which contained any of the requirements or 
     prohibitions set forth in paragraph (1)(A); and
       (ii) that one or more construction contracts subject to 
     such requirements or prohibitions had been awarded as of the 
     date of the enactment of this Act.
       (5) Federal acquisition regulatory council.--With respect 
     to Federal contracts to which this section applies, not later 
     than 60 days after the date of enactment of this Act, the 
     Federal Acquisition Regulatory Council shall take appropriate 
     action to amend the Federal Acquisition Regulation to 
     implement the provisions of this subsection.
       (6) Definitions.--In this subsection:
       (A) Construction contract.--The term ``construction 
     contract'' means any contract for the construction, 
     rehabilitation, alteration, conversion, extension, or repair 
     of buildings, highways, or other improvements to real 
     property.
       (B) Executive agency.--The term ``executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code, except that such term shall not include the 
     Government Accountability Office.
       (C) Labor organization.--The term ``labor organization'' 
     has the meaning given such term in section 701(d) of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).
                                 ______
                                 
  SA 1413. Mr. SHELBY (for himself, Mr. Dodd, and Mr. Reed) submitted 
an amendment intended to be proposed to amendment SA 1373 proposed by 
Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to 
the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 77, after line 18, insert the following:
       Sec. ___.  None of the funds in this Act provided for 
     public transportation security assistance under section 1406 
     of the Implementing Recommendations of the 9/11 Commission 
     Act of 2007 (Public Law 110-53) shall require a cost share. 
     Such public transportation security assistance shall be 
     provided directly to public transportation agencies.
                                 ______
                                 
  SA 1414. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2892, making appropriations for the Department 
of Homeland Security for the fiscal year

[[Page 17042]]

ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LABOR CONDITION APPLICATION.

       Section 424(a)(1) of the Consolidated Appropriations Act, 
     2005 (Public Law 108-447), which amends 212(n)(2)(G) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(2)), is 
     amended--
       (1) in clause (i) of the quoted material, by striking ``if 
     the Secretary of Labor has reasonable cause to believe'' and 
     all that follows and inserting ``with regard to the 
     employer's compliance with the requirements under this 
     subsection.'';
       (2) in clause (ii), by striking ``and whose identity is 
     known'' and all that follows through ``failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements under this subsection.'';
       (3) in clause (iii), by striking the last sentence;
       (4) by striking clauses (iv) and (v);
       (5) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (6) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (7) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure the 
     compliance of the employer with the requirements under this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.'';
       (8) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (9) by inserting before the end quote the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary shall 
     impose a penalty under subparagraph (C).
                                 ______
                                 
  SA 1415. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES.

       Section 403(a)(3)(A) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
     U.S.C. 1324a note) is amended--
       (1) by striking ``The person'' and inserting the following:
       ``(i) Upon hiring.--The person''; and
       (2) by adding at the end the following:
       ``(ii) Existing employees.--An employer that elects to 
     verify the employment eligibility of existing employees shall 
     verify the employment eligibility of all such employees not 
     later than 10 days after notifying the Secretary of Homeland 
     Security of such election.''.
                                 ______
                                 
  SA 1416. Mr. PRYOR (for himself, Mr. Hatch, Mr. Coburn, and Mr. 
Corker) submitted an amendment intended to be proposed to amendment SA 
1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and 
Mrs. Murray)) to the bill H.R. 2892, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2010, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. DEFINITION OF SWITCHBLADE.

       Subsection (b) of the first section of the Act entitled 
     ``An Act to prohibit the introduction, or manufacture for 
     introduction, into interstate commerce of switchblade knives, 
     and for other purposes'' (commonly known as the Federal 
     Switchblade Act) (15 U.S.C. 1241(b)) is amended to read as 
     follows:
       ``(b) The term `switchblade knife' means any knife having a 
     blade which opens automatically by hand pressure applied to a 
     button or other device in the handle of the knife.''.
                                 ______
                                 
  SA 1417. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2892, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  The Secretary of Homeland Security shall 
     promulgate regulations that amend section 235.1(f)(v) of 
     title 8, Code of Federal Regulations, as in effect on the 
     date of the enactment of this Act, to permit Mexican 
     nonimmigrant aliens admitted into the United States to visit 
     within the State of New Mexico (within 100 miles of the 
     international border between the United States and Mexico 
     border) for a period not to exceed 30 days without filling 
     out an Arrival-Departure Record (I-94 Form) if the alien--
       (1) is not required to present a visa and a passport under 
     section 212.1(c)(1); and
       (2) is admitted at the Columbus, Santa Teresa, or the 
     Antelope Wells ports-of-entry in the State of New Mexico.
                                 ______
                                 
  SA 1418. Mr. NELSON of Nebraska (for himself, Ms. Collins, Ms. 
Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. McCaskill) submitted 
an amendment intended to be proposed by him to the resolution S. Res. 
175, expressing the sense of the Senate that the Federal Government is 
a reluctant shareholder in the ownership of General Motors and 
Chrysler; which was referred to the Committee on Banking, Housing, and 
Urban Affairs; as follows:

       Strike all after the resolving clause and insert the 
     following:
       That it is the sense of the Senate that--
       (1) the Federal Government is only a temporary stakeholder 
     in the American automotive industry and should take all 
     possible steps to protect American taxpayer dollars and 
     divest its ownership interests in such companies as 
     expeditiously as possible; and
       (2) the Comptroller General of the United States, the 
     Congressional Oversight Panel, and the Special Inspector 
     General for the Troubled Assets Relief Program will continue 
     to oversee and report to Congress on automotive companies 
     receiving financial assistance so that the Federal Government 
     may complete divestiture without delay.
                                 ______
                                 
  SA 1419. Mr. NELSON of Nebraska (for himself, Ms. Collins, Ms. 
Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. McCaskill) submitted 
an amendment intended to be proposed by him to the resolution S. Res. 
175, expressing the sense of the Senate that the Federal Government is 
a reluctant shareholder in the ownership of General Motors and 
Chrysler; which was referred to the Committee on Banking, Housing, and 
Urban Affairs; as follows:

       Strike the preamble and insert the following:
       Whereas the United States is facing a deep economic crisis 
     that has caused millions of American workers to lose their 
     jobs;
       Whereas the collapse of the American automotive industry 
     would have dealt a devastating blow to an already perilous 
     economy;
       Whereas on December 19, 2008, President George W. Bush 
     stated: ``The actions I'm announcing today represent a step 
     that we wish were not necessary. But given the situation, it 
     is the most effective and responsible way to address this 
     challenge facing our Nation. By giving the auto companies a 
     chance to restructure, we will shield the American people 
     from a harsh economic blow at a vulnerable time and we will 
     give American workers an opportunity to show the world, once 
     again, they can meet challenges with ingenuity and 
     determination, and bounce back from tough times and emerge 
     stronger than before.'';
       Whereas on March 30, 2009, President Barack Obama stated: 
     ``We cannot, and must not, and we will not let our auto 
     industry simply vanish. This industry is like no other--it's 
     an emblem of the American spirit; a once and future symbol of 
     America's success. It's what helped build the middle class 
     and sustained it throughout the 20th century. It's a source 
     of deep pride for the generations of American workers whose 
     hard work and imagination led to some of the finest cars the 
     world has ever known. It's a pillar of our economy that has 
     held up the dreams of millions of our people . . . . These 
     companies--and this industry--must ultimately stand on their 
     own, not as wards of the state.'';

[[Page 17043]]

       Whereas the Federal Government is a reluctant shareholder 
     in General Motors Corporation and Chrysler Motors LLC in 
     order to provide economic stability to the Nation;
       Whereas the Federal Government will work to protect the 
     investment of the American taxpayers;
       Whereas the Federal Government will not intervene in the 
     day-to-day management of General Motors or Chrysler; and
       Whereas the Federal Government shall closely monitor 
     General Motors and Chrysler to ensure that they are 
     responsible stewards of taxpayer dollars and take all 
     possible steps to expeditiously return to viability: Now, 
     therefore, be it
                                 ______
                                 
  SA 1420. Mr. NELSON of Nebraska (for himself, Ms. Collins, Ms. 
Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. McCaskill) submitted 
an amendment intended to be proposed by him to the resolution S. Res. 
175, expressing the sense of the Senate that the Federal Government is 
a reluctant shareholder in the ownership of General Motors and 
Chrysler; which was referred to the Committee on Banking, Housing, and 
Urban Affairs; as follows:

         Amend the title so as to read: ``A resolution expressing 
     the sense of the Senate that the investment by the Federal 
     Government in the American automotive industry is 
     temporary.''.
                                 ______
                                 
  SA 1421. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 77, between lines 16 and 17, insert the following:
       Sec. 556.  None of the funds made available in this Act may 
     be used by United States Citizenship and Immigration Services 
     to grant any immigration benefit unless--
       (1) a background check is completed on the alien who 
     requests the immigration benefit;
       (2) all the results of such background check have been 
     received and reviewed by United States Citizenship and 
     Immigration Services; and
       (3) the results of such background check do not preclude 
     the granting of such immigration benefit.
                                 ______
                                 
  SA 1422. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the congressional committees set 
     forth in subsection (b) that provides details about--
       (1) additional Border Patrol sectors that should be 
     utilizing Operation Streamline programs; and
       (2) resources needed from the Department of Homeland 
     Security and the Department of Justice to increase the 
     effectiveness of Operation Streamline programs at some Border 
     Patrol sectors and to utilize such programs at additional 
     sectors.
       (b) The congressional committees set forth in this 
     subsection are--
       (1) the Committee on Appropriations of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the House of 
     Representatives;
       (4) the Committee on the Judiciary of the House of 
     Representatives;
       (5) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (6) the Committee on Homeland Security of the House of 
     Representatives.
                                 ______
                                 
  SA 1423. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 8, line 10, insert ``: Provided further, That 
     amounts provided under this heading shall be used to complete 
     not fewer than 330 miles of at least double-layer fencing 
     along the southwest border'' before the period at the end.
                                 ______
                                 
  SA 1424. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 30, strike lines 20 through 25, and insert the 
     following:
       (1) $970,000,000 shall be for the State Homeland Security 
     Grant Program under section 2004 of the Homeland Security Act 
     of 2002 (6 U.S.C. 605): Provided, That of the amount made 
     available under this paragraph, $80,000,000 shall be for 
     Operation Stonegarden: Provided further, That the amount 
     appropriated under title I for departmental management and 
     operations is hereby reduced by $20,000,000.
                                 ______
                                 
  SA 1425. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. GRANTS FOR INDIAN TRIBES.

       (a) Grants Authorized.--The Secretary of Homeland Security 
     may award grants to eligible Indian tribes with lands 
     adjacent to an international border of the United States that 
     have been adversely affected by illegal immigration, 
     smuggling, and drug trafficking.
       (b) Eligibility.--An Indian tribe is eligible to receive a 
     grant under this section if the Indian tribe provides 
     officials of the Department of Homeland Security with--
       (1) access to independent districts within an Indian tribe 
     with land adjacent to an international border of the United 
     States for placement of equipment;
       (2) authority to construct adequate patrol roads on tribal 
     lands; and
       (3) authority to install necessary physical barriers on 
     tribal lands.
       (c) Use of Grant Funds.--Grants awarded under this section 
     shall be used in areas in which the recipient tribe is 
     cooperating with the Department of Homeland to support--
       (1) law enforcement;
       (2) border security; and
       (3) environmental and tribal preservation efforts, if 
     necessary.
       (d) Appropriation.--There is appropriated $5,000,000 for 
     grants under this section.
       (e) Offset.--The amount appropriated under title I for 
     departmental management and operations is hereby reduced by 
     $5,000,000.
                                 ______
                                 
  SA 1426. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 10, strike line 6 and all that follows through page 
     11, line 22 and insert the following:

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 3,790 (2,350 for replacement 
     only) police-type vehicles; $5,390,100,000, of which not to 
     exceed $7,500,000 shall be available until expended for 
     conducting special operations under section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Secretary 
     of Homeland Security; of which not less than $305,000 shall 
     be for promotion of public awareness of the child pornography 
     tipline and anti-child exploitation activities; of which not 
     less than $5,400,000 shall be used to facilitate agreements 
     consistent with section 287(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(g)); and of which not to 
     exceed $11,216,000 shall be available to fund or reimburse 
     other Federal agencies for the costs associated with the 
     care, maintenance, and repatriation of smuggled aliens 
     unlawfully present in the United States: Provided, That none 
     of the funds made available under this heading shall be 
     available to compensate any employee for overtime in an 
     annual amount in excess of $35,000, except that the 
     Secretary, or the designee of the Secretary, may waive that 
     amount as necessary for national security purposes and in 
     cases of

[[Page 17044]]

     immigration emergencies: Provided further, That of the total 
     amount provided, $15,770,000 shall be for activities in 
     fiscal year 2010 to enforce laws against forced child labor, 
     of which not to exceed $6,000,000 shall remain available 
     until expended: Provided further, That of the total amount 
     available, not less than $1,000,000,000 shall be available to 
     identify aliens convicted of a crime, and who may be 
     deportable, and to remove them from the United States once 
     they are judged deportable: Provided further, That the 
     Secretary, or the designee of the Secretary, shall report to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives, at least quarterly, on progress 
     implementing the preceding proviso, and the funds obligated 
     during that quarter to make that progress: Provided further, 
     That funding made available under this heading shall maintain 
     a level of not less than 34,400 detention beds through 
     September 30, 2010: Provided further, That of the total 
     amount provided, not less than $2,569,180,000 is for 
     detention and removal operations, including transportation of 
     unaccompanied minor aliens: Provided further, That of the 
     total amount provided, $6,800,000 shall remain available 
     until September 30, 2011, for the Visa Security Program:  
     Provided further, That nothing under this heading shall 
     prevent U.S. Immigation and Customs Enforcement from 
     exercising those authorities provided under immigration laws 
     (as defined in section 101(a)(17) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(17))) during priority 
     operations pertaining to aliens convicted of a crime: 
     Provided further, That the amount appropriated under title I 
     for departmental management and operations is hereby reduced 
     by $30,000,000.
                                 ______
                                 
  SA 1427. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 30, strike line 15 and all that follows through 
     page 32, line 11, and insert the following:

                        state and local programs

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     activities, $3,097,200,000 shall be allocated as follows:
       (1) $950,000,000 shall be for the State Homeland Security 
     Grant Program under section 2004 of the Homeland Security Act 
     of 2002 (6 U.S.C. 605): Provided, That of the amount provided 
     by this paragraph, $60,000,000 shall be for Operation 
     Stonegarden.
       (2) $887,000,000 shall be for the Urban Area Security 
     Initiative under section 2003 of the Homeland Security Act of 
     2002 (6 U.S.C. 604), of which, notwithstanding subsection 
     (c)(1) of such section, $20,000,000 shall be for grants to 
     organizations (as described under section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax section 
     501(a) of such code) determined by the Secretary of Homeland 
     Security to be at high risk of a terrorist attack.
       (3) $35,000,000 shall be for Regional Catastrophic 
     Preparedness Grants.
       (4) $40,000,000 shall be for the Metropolitan Medical 
     Response System under section 635 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 723).
       (5) $15,000,000 shall be for the Citizen Corps Program.
       (6) $356,000,000 shall be for Public Transportation 
     Security Assistance, Railroad Security Assistance, and Over-
     the-Road Bus Security Assistance under sections 1406, 1513, 
     and 1532 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 
     1163, and 1182), of which not less than $25,000,000 shall be 
     for Amtrak security, and not less than $6,000,000 shall be 
     for Over-the-Road Bus Security Assistance.
       (7) $350,000,000 shall be for Port Security Grants in 
     accordance with 46 U.S.C. 70107.
       (8) $50,000,000 shall be for Buffer Zone Protection Program 
     Grants.
       (9) $50,000,000 shall be allocated for grants, contracts, 
     cooperative agreements and other such activities under the 
     Driver's License Security Grants Program, pursuant to section 
     204(a) of the REAL ID Act of 2005 (division B of Public Law 
     109-13) or 232(b)(15) of the Homeland Security Act of 2002 (6 
     U.S.C. 162(b)(15)).
       (10) $30,000,000 shall be allocated for the establishment 
     of cooperative exchange of electronic vital event 
     verification information among the State Motor Vehicle 
     Administrators and carried out by the Secretary of Homeland 
     Security, with the concurrence of the Secretary of Health and 
     Human Services, and in consultation with State vital 
     statistics offices and appropriate Federal agencies: 
     Provided, That the amount appropriated under title I for 
     departmental management and operations is hereby reduced by 
     $30,000,000.
                                 ______
                                 
  SA 1428. Mr. HATCH (for himself, Mr. Menendez, Mr. Nelson of Florida, 
and Mrs. Gillibrand) submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. IMMIGRATION PROVISIONS.

       (a) Special Immigrant Nonminister Religious Worker 
     Program.--
       (1) Extension.--Section 101(a)(27)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1101 
     (a)(27)(C)(ii)), as amended by section 2(a) of the Special 
     Immigrant Nonminister Religious Worker Program Act (Public 
     Law 110-391), is amended by striking ``September 30, 2009'' 
     each place such term appears and inserting ``September 30, 
     2012''.
       (2) Study and plan.--Not later than the earlier of 90 days 
     after the date of the enactment of this Act or March 30, 
     2010, the Director of United States Citizenship and 
     Immigration Services shall submit a report to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that includes--
       (A) the results of a study conducted under the supervision 
     of the Director to evaluate the Special Immigrant Nonminister 
     Religious Worker Program to identify the risks of fraud and 
     noncompliance by program participants; and
       (B) a detailed plan that describes the actions to be taken 
     by the Department of Homeland Security against noncompliant 
     program participants and future noncompliant program 
     participants.
       (3) Progress report.--Not later than the earlier of 90 days 
     after the submission of the report under subsection (b) or 
     June 30, 2010, the Director of United States Citizenship and 
     Immigration Services shall submit a report to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that describes the 
     progress made in reducing the number of noncompliant 
     participants of the Special Immigrant Nonminister Religious 
     Worker Program.
       (b) Conrad State 30 J-1 Visa Waiver Program.--Section 
     220(c) of the Immigration and Nationality Technical 
     Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by 
     striking ``September 30, 2009'' and inserting ``September 30, 
     2012''.
       (c) Relief for Orphans and Spouses of United States 
     Citizens.--
       (1) Amendment.--Section 201(b)(2)(A)(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended--
       (A) by inserting ``or, if married to such citizen for less 
     than 2 years at the time of the citizen's death, an alien who 
     proves by a preponderance of the evidence that the marriage 
     was entered into in good faith and not solely for the purpose 
     of obtaining an immigration benefit'' after ``for at least 2 
     years at the time of the citizen's death''; and
       (B) by adding at the end the following: ``For purposes of 
     this subsection, an alien who was the child or parent of a 
     citizen of the United States on the date of the citizen's 
     death shall be considered to remain an immediate relative 
     after such date if the alien parent files a petition under 
     section 204(a)(1)(A)(ii) not later than 2 years after such 
     date or the alien child files such a petition before reaching 
     21 years of age.''.
       (2) Procedure for granting immigrant status.--Section 
     204(a)(1)(A)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(A)(ii)) is amended by adding at the end of 
     the following: ``An alien parent or child described in the 
     fourth sentence of section 201(b)(2)(A)(i) also may file a 
     petition with the Attorney General under this subparagraph 
     for classification of the alien under such section.''.
       (3) Special rule for orphans and spouses.--In applying 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act, as amended by paragraph (1), to an alien whose citizen 
     relative died before the date of the enactment of this Act, 
     the alien relative may file the classification petition under 
     section 204(a)(1)(A)(ii) of such Act not later than 2 years 
     after the date of the enactment of this Act.
       (4) Eligibility for parole.--If an alien was excluded, 
     deported, removed, or departed voluntarily before the date of 
     the enactment of this Act based solely upon the alien's lack 
     of classification as an immediate relative (as defined in 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act) due to the death of the alien's citizen relative--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Attorney General's discretionary 
     authority under section 212(d)(5) of such Act (8 U.S.C. 
     1182(d)(5)); and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act 
     (8 U.S.C. 1182(a)(9)).
       (d) Adjustment of Status.--
       (1) Surviving spouses, parents, and children.--Section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255) is 
     amended by adding at the end the following:

[[Page 17045]]

       ``(n) Application for Adjustment of Status by Surviving 
     Spouses, Parents, and Children.--
       ``(1) In general.--An alien described in paragraph (2) who 
     applies for adjustment of status before the death of the 
     qualifying relative may have such application adjudicated as 
     if such death had not occurred.
       ``(2) Alien described.--An alien described in this 
     paragraph is an alien who--
       ``(A) is an immediate relative (as described in section 
     201(b)(2)(A));
       ``(B) is a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203); or
       ``(C) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)).''.
       (2) Refugees.--Section 209(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1259(b)) is amended by adding at 
     the end the following ``An alien who is the spouse or child 
     of a refugee (as described in section 207(c)(2)) or an asylee 
     (as described in section 208(b)(3) who applies for adjustment 
     of status before the death of a qualifying relative may have 
     such application adjudicated as if such death had not 
     occurred.''.
       (3) Affidavit of support by joint sponsor.--Section 
     212(a)(4)(C)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(4)(C)(ii)) is amended by inserting ``, or if 
     the petitioning relative has died, a joint sponsor (as 
     described in section 213A(f)(2)) has executed an affidavit of 
     support with respect to such alien, in accordance with 
     section 213A'' before the period at the end.
       (e) Transition Period.--
       (1) In general.--Notwithstanding a denial of an application 
     for adjustment of status for an alien whose qualifying 
     relative died before the date of the enactment of this Act, 
     such application may be renewed by the alien through a motion 
     to reopen, without fee, if such motion is filed not later 
     than 2 years after such date of enactment.
       (2) Eligibility for parole.--If an alien described in 
     section 245(n)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1255(n)(2)) was excluded, deported, removed, or 
     departed voluntarily before the date of the enactment of this 
     Act based solely upon the alien's lack of classification as a 
     relative or beneficiary due to the death of the alien's 
     relative--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Attorney General's discretionary 
     authority under section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)); and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act 
     (8 U.S.C. 1182(a)(9)).
       (f) Processing of Immigrant Visas and Derivative 
     Petitions.--
       (1) In general.--Section 204(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(b)) is amended--
       (A) by striking ``After an investigation'' and inserting 
     the following:
       ``(1) In general.--After an investigation''; and
       (B) by adding at the end the following:
       ``(2) Death of qualifying relative.--
       ``(A) Pending petitions.--Any alien described in 
     subparagraph (C) whose qualifying relative died after filing 
     a petition (or, in the case of a refugee or asylee, after 
     filing a relative petition), may have such petition or 
     immigrant visa application adjudicated as if such death had 
     not occurred.
       ``(B) Approved petitions where an immigrant visa has been 
     issued.--An immigrant visa or relative petition shall remain 
     valid notwithstanding the death of the qualifying relative.
       ``(C) Alien described.--An alien described in this 
     subparagraph is an alien who is--
       ``(i) an immediate relative (as described in section 
     201(b)(2)(A));
       ``(ii) a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(iii) a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)); or
       ``(iv) the spouse or child of a refugee (as described in 
     section 207(c)(2)) or an asylee (as described in section 
     208(b)(3)).''.
       (2) Approved petitions.--Section 205 of the Immigration and 
     Nationality Act (8 U.S.C. 1155) is amended by adding at the 
     end the following: ``The death of a petitioner or primary 
     beneficiary shall not constitute good and sufficient cause to 
     revoke the approval of any petition.''.
       (3) Transition period.--
       (A) In general.--Notwithstanding a denial or revocation of 
     an application for an immigrant visa for an alien whose 
     qualifying relative died before the date of the enactment of 
     this Act, such application may be renewed by the alien 
     through a motion to reopen, without fee, if such motion is 
     filed not later than 2 years after such date of enactment.
       (B) Inapplicability of bars to entry.--Notwithstanding 
     section 212(a)(9) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(9)), an alien's application for an immigrant 
     visa shall be considered if the alien was excluded, deported, 
     removed, or departed voluntarily before the date of the 
     enactment of this Act.
       (g) Naturalization.--Section 319(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1430(a)) is amended by inserting 
     ``(or, if the spouse is deceased, the spouse was a citizen of 
     the United States)'' after ``citizen of the United States''.
       (h) Reduction of Immigrant Visa Numbers.--For purposes of 
     applying the numerical limitations in sections 201 and 203 of 
     the Immigration and Nationality Act (8 U.S.C. 1151 and 1153), 
     aliens granted adjustment of status or immigrant visas under 
     this section, or the amendments made by this section, shall 
     be subject to the numerical limitations contained in such 
     sections 201 and 203, except that--
       (1) the total number of visas made available for aliens 
     whose qualifying relative died more than 10 years before the 
     date of the enactment of this Act shall not exceed 100; and
       (2) aliens described in the amendment made by subsection 
     (c)(1)(A) shall be given priority for receiving such visas.
       (i) Effective Date.--The amendments made by this section 
     shall apply to all petitions or applications described in 
     such amendments that--
       (1) are pending as of the date of the enactment of this 
     Act; or
       (2) have been denied, but would have been approved if such 
     amendments had been in effect at the time of adjudication of 
     the petition or application.
                                 ______
                                 
  SA 1429. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 67, beginning on line 4, strike all through line 14 
     and insert the following:
       Sec. 534.  None of the funds made available in this Act or 
     any other Act for U.S. Customs and Border Protection or any 
     other agency may be used to prevent an individual not in the 
     business of importing a prescription drug (within the meaning 
     of section 801(g) of the Federal Food, Drug, and Cosmetic 
     Act) from importing a prescription drug from Canada that 
     complies with the Federal Food, Drug, and Cosmetic Act: 
     Provided, That the prescription drug may not be--
                                 ______
                                 
  SA 1430. Mr. SANDERS (for himself and Mr. Casey) submitted an 
amendment intended to be proposed by him to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FIREFIGHTER ASSISTANCE GRANTS AND RECRUITMENT AND 
                   RETENTION GRANTS.

       For an additional amount for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.) under the heading ``firefighter assistance 
     grants'' under the heading ``Federal Emergency and Management 
     Agency'' under title III there are appropriated $100,000,000, 
     of which $50,000,000 shall be available to carry out section 
     33 of that Act (15 U.S.C. 2229) and $50,000,000 shall be 
     available to carry out section 34 of that Act (15 U.S.C. 
     2229a) : Provided, That of the $50,000,000 made available 
     under this section to carry out section 34 of that Act (15 
     U.S.C. 2229a), $20,000,000 shall be available for recruitment 
     and retention grants under that section. The total amount of 
     appropriations under the heading ``research, development, 
     acquisition, and operations'' under the heading ``Science and 
     Technology'' under title IV of this Act is reduced by 
     $100,000,000.
                                 ______
                                 
  SA 1431. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 3, line 13, insert ``: Provided, That of the total 
     amount appropriated under this heading not more than 
     $55,235,000 may be expended or obligated, unless not later 
     than 180 days after the date of enactment of this Act the 
     Department of Homeland Security implements the 
     recommendations outlined in the Independent Auditor's Report 
     contained within the Department of Homeland Security's Office 
     of Inspector General's report # OIG-09-72, dated May 2009'' 
     before the period.
                                 ______
                                 
  SA 1432. Mr. KYL (for himself and Mr. McCain) proposed an amendment 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       On page 33, line 10, strike ``no less'' and all that 
     follows through ``Montana;'' on line 12.

[[Page 17046]]


                                 ______
                                 
  SA 1433. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


       proper awarding of incentive fees for contract performance

       Sec. __.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or performance that does not meet 
     the basic requirements of a contract.
                                 ______
                                 
  SA 1434. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


                          competitive bidding

       Sec. __.  (a) Notwithstanding any other provision of this 
     Act, none of the funds appropriated or otherwise made 
     available by this Act may be used to make any payment in 
     connection with a contract unless the contract is awarded 
     using competitive procedures in accordance with the 
     requirements of section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253), section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation.
       (b) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be awarded by grant unless the process used to award 
     such grant uses competitive procedures to select the grantee 
     or award recipient.
                                 ______
                                 
  SA 1435. Mr. PRYOR (for himself, Mr. Hatch, and Mr. Corker) submitted 
an amendment intended to be proposed to amendment SA 1373 by Mr. Reid 
(for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
H.R. 2892, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 77, between lines 16 and 17, insert the following:
       Sec. 556.  None of the funds appropriated by this Act may 
     be used by U.S. Customs and Border Protection to prohibit the 
     importation of certain knives with spring-assisted opening 
     mechanisms.
                                 ______
                                 
  SA 1436. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. IMPLEMENTATION OF THE POST-KATRINA EMERGENCY 
                   MANAGEMENT REFORM ACT OF 2006.

       For an additional amount under the heading ``management and 
     administration'' under the heading ``Federal Emergency 
     Management Agency'' under title III of this Act, there is 
     appropriated $35,000,000 for implementation of the 
     requirements of the Post-Katrina Emergency Management Reform 
     Act of 2006 (Public Law 109-295; 120 Stat. 1395), and the 
     amendments made by that Act. The total amount of 
     appropriations under the heading ``disaster relief'' under 
     the heading ``Federal Emergency Management Agency'' under 
     title III of this Act is reduced by $35,000,000.
                                 ______
                                 
  SA 1437. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 4, line 15, insert ``: Provided further, That of 
     the total amount appropriated under this heading, $22,100,000 
     shall be available to ensure the capability of the United 
     States Secret Service to communicate securely with the White 
     House Communications Agency'' before the period.
                                 ______
                                 
  SA 1438. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall implement a demonstration program that is consistent 
     with the technology acquisition and dissemination plan 
     submitted under section 7201(c) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
     Stat. 3810) to test the feasibility of using existing 
     automated document authentication technology at select 
     immigration benefit offices, and ports of entry to determine 
     the effectiveness of such technology in detecting fraudulent 
     travel documents and reducing the ability of terrorists to 
     enter the United States.
       (b) From amounts appropriated under the heading ``U.S. 
     Customs and Border Protection'' and under the subheading 
     ``salaries and expenses'', not more than $1,000,000 may be 
     expended to carry out the demonstration program described in 
     subsection (a).
       (c) Not later than 90 days after the date on which the 
     demonstration program under subsection (a) is completed, the 
     Secretary of Homeland Security shall submit to the 
     appropriate congressional committees (as defined in section 
     2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))) 
     a report on the results of the demonstration program.
                                 ______
                                 
  SA 1439. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2892, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2010, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FLORIDA LONG-TERM RECOVERY OFFICE.

       None of the funds made available under this Act may be used 
     to close the long-term recovery office of the Federal 
     Emergency Management Agency located in Florida until 60 days 
     after the date on which the Administrator of the Federal 
     Emergency Management Agency--
       (1) determines that there are insufficient recovery 
     activities to be performed at the office relating to the 
     hurricanes that affected Florida during 2004 and 2005; and
       (2) notifies the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives regarding the closure of the office.
                                 ______
                                 
  SA 1440. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INVESTIGATIONS INVOLVING FEDERAL ASSISTANCE 
                   PROGRAMS AND FINANCIAL INSTITUTIONS.

       For an additional amount under the heading ``salaries and 
     expenses'' under the heading ``United States Secret Service'' 
     under title II there is appropriated $10,000,000 for 
     investigations involving Federal assistance programs and 
     financial institutions, including the enforcement of laws 
     relating to mortgage fraud, as authorized under section 3(d) 
     of the Fraud Enforcement Recovery Act of 2009 (Public Law 
     111-21; 123 Stat. 1620). The total amount of appropriations 
     under the heading ``Office of the Secretary and Executive 
     Management'' under title I of this Act is reduced by 
     $10,000,000.
                                 ______
                                 
  SA 1441. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 40, line 3, insert ``: Provided further, That none 
     of the funds made available under the preceding proviso may 
     be expended, unless the Administrator of the Federal 
     Emergency Management Agency designates New Jersey Task Force 
     1 as part of the National Urban Search and Rescue Response 
     System'' before the period.
                                 ______
                                 
  SA 1442. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 2892, making appropriations for the Department 
of Homeland Security for the fiscal year

[[Page 17047]]

ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FLOOD MAP AND FLOOD RISK PROJECTS.

       (a) Findings.--Congress finds that--
       (1) Risk MAP products are very important on many fronts 
     because the products are used by insurance companies, State 
     and local governments, and the Federal Government, to develop 
     improved understandings of flood risk and other hazard 
     information to mitigate loss;
       (2) local regions have unique characteristics and flooding 
     issues that are best understood by local companies who have 
     worked on flood maps in the region;
       (3) the intimate understanding of a region helps local 
     companies produce a superior product;
       (4) small and medium-sized businesses form the backbone of 
     the economy, providing more net new jobs than large 
     companies; and
       (5) current unemployment rates combined with a severe 
     economic slowdown make it even more important to foster small 
     and medium-sized businesses.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Federal Emergency Management Agency should ensure 
     that small and medium-sized businesses with local expertise 
     be allowed to continue flood map and flood risk projects 
     within the region small businesses currently hold Indefinite 
     Delivery/Indefinite Quantity contracts.
                                 ______
                                 
  SA 1443. Mr. DODD (for himself, Mr. Lieberman, and Mr. Carper) 
submitted an amendment intended to be proposed to amendment SA 1373 
proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. 
Murray)) to the bill H.R. 2892, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2010, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. FIRE GRANTS.

       For an additional amount under the heading ``firefighter 
     assistance grants'' under the heading ``Federal Emergency 
     Management Agency'' under title III of this Act, there is 
     appropriated $10,000,000 for grants under section 33 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229). The total amount of appropriations under the heading 
     ``aviation security'' under the heading ``Transportation 
     Security Administration'' under title II of this Act, the 
     amount for screening operations and the amount for explosives 
     detection systems under the first proviso under that heading, 
     and the amount for the purchase and installation of 
     explosives detection systems under the second proviso under 
     that heading are reduced by $10,000,000.
                                 ______
                                 
  SA 1444. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 77, between lines 16 and 17, insert the following:
       Sec. 556.  None of the funds appropriated or otherwise made 
     available to the Department of Homeland Security for fiscal 
     year 2010 may be used to enforce Coast Guard or other 
     regulations with respect to fishing guides and other 
     operations of uninspected vessels on Lake Texoma.
                                 ______
                                 
  SA 1445. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NONNAVIGABILITY OF LAKE TEXOMA.

       For purposes of the jurisdiction of the Coast Guard, Lake 
     Texoma, in the States of Texas and Oklahoma, is declared not 
     to be navigable waters of the United States.
                                 ______
                                 
  SA 1446. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:
       Sec. __. (a) Exemption of Fishing Guides and Other 
     Operators of Uninspected Vessels on Lake Texoma From Cot 
     Guard and Other Regulations.--
       (1) Exemption of state licensees from coast guard 
     regulation.--Residents or non-residents who assist, 
     accompany, transport, guide, or aid persons in the taking of 
     fish for monetary compensation or other consideration on Lake 
     Texoma who are licensed by the State in which they are 
     operating shall not be subject to any requirement established 
     or administered by the Coast Guard with respect to that 
     operation.
       (2) Exemption of coast guard licensees from state 
     regulation.--Residents or non-residents who assist, 
     accompany, transport, guide, or aid persons in the taking of 
     fish for monetary compensation or other consideration on Lake 
     Texoma who are currently licensed by the Coast Guard to 
     conduct such activities shall not be subject to State 
     regulation for as long as the Coast Guard license for such 
     activities remains valid.
       (b) State Requirements Not Affected.--Except as provided in 
     subsection (a)(2), this section does not affect any 
     requirement under State law or under any license issued under 
     State law.
       Sec. __.  Section 70105(b)(2)(B) of title 46, United States 
     Code, is amended by inserting ``and serving under the 
     authority of such license, certificate of registry, or 
     merchant mariners document on a vessel for which the owner or 
     operator of such vessel is required to submit a vessel 
     security plan under section 70103(c) of this title'' before 
     the semicolon.
                                 ______
                                 
  SA 1447. Mr. CORNYN (for himself, Mr. Pryor, Mr. Hatch, Mr. Vitter, 
Mr. Risch, Mr. Chambliss, Mr. Corker, Mr. Enzi, Mr. Barrasso, Mr. 
Graham, Mr. Roberts, Mr. Wyden, and Mr. Crapo) submitted an amendment 
intended to be proposed to amendment SA 1373 proposed by Mr. Reid (for 
Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill H.R. 
2892, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 77, between lines 16 and 17, add the following:

     SEC. 556. DEFINITION OF SWITCHBLADE KNIVES.

       Section 4 of the Act entitled ``An Act to prohibit the 
     introduction, or manufacture for introduction, into 
     interstate commerce of switchblade knives, and for other 
     purposes'' (commonly known as the Federal Switchblade Act) 
     (15 U.S.C. 1244) is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; or'' and
       (3) by adding at the end the following:
       ``(5) a knife that contains a spring, detent, or other 
     mechanism designed to create a bias toward closure of the 
     blade and that requires exertion applied to the blade by 
     hand, wrist, or arm to overcome the bias toward closure to 
     assist in opening the knife.''.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


            committee on banking, housing, and urban affairs

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Banking, Housing, and Urban Affairs be authorized to meet 
during the session of the Senate on July 8, 2009 at 2 p.m., to conduct 
a hearing entitled ``The Effects of the Economic Crisis on Community 
Banks and Credit Unions in Rural Communities.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


           committee on commerce, science, and transportation

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Commerce, Science, and Transportation be authorized to 
meet during the session of the Senate on July 8, 2009, in room 253 of 
the Russell Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


           committee on commerce, science, and transportation

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Commerce, Science, and Transportation be authorized to 
meet during the session of the Senate on Wednesday, July 8, 2009, at 
2:30 p.m. in room 253 of the Russell Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on environment and public works

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Environment and Public

[[Page 17048]]

Works be authorized to meet during the session of the Senate on 
Wednesday, July 8, 2009, at 2:30 p.m. in room 406 of the Dirksen Office 
Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Finance be authorized to meet during the session of the 
Senate on Wednesday, July 8, 2009, at 10 a.m. in room 215 of the 
Dirksen Senate Office Building to conduct a hearing entitled ``Climate 
Change Legislation: International Trade considerations.''.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be authorized to meet during the session 
of the Senate on Wednesday, July 8, 2009.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Committee on foreign relations

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be authorized to meet during the session 
of the Senate on Wednesday, July 8, 2009, at 9 a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Committee on foreign relations

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be authorized to meet during the session 
of the Senate on Wednesday, July 8, 2009, at 2:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          committee on Health, Education, Labor, and pensions

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Health, Education, Labor, and Pensions be authorized to 
meet during the session of the Senate on Wednesday, July 8, 2009, at 10 
a.m. in room 562 of the Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


        committee on homeland security and governmental affairs

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Homeland Security and Governmental Affairs be authorized 
to meet during the session of the Senate on Wednesday, July 8, 2009, at 
10 a.m. to conduct a hearing titled ``The Federal Protective Service: 
Time for Reform.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    select committee on intelligence

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the Select 
Committee on Intelligence be authorized to meet during the session of 
the Senate on July 8, 2009, at 2:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


    subcommittee on water and wildlife and subcommittee on oversight

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Subcommittee on Water and Wildlife and the Subcommittee on Oversight of 
the Committee on Environment and Public Works be authorized to meet 
during the session of the Senate on Wednesday, July 8, 2009 to hold a 
joint hearing at 10 a.m. in room 406 of the Dirksen Senate Office 
Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                   ORDERS FOR THURSDAY, JULY 9, 2009

  Mr. KAUFMAN. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it adjourn until 9:30 a.m., 
Thursday, July 9; that following the prayer and pledge, the Journal of 
proceedings be approved to date, the morning hour be deemed expired, 
the time for the two leaders be reserved for their use later in the 
day, and there be a period of morning business for 95 minutes, with 
Senator Durbin controlling the first 5 minutes, the Republicans 
controlling the next 60 minutes, and the majority controlling the final 
30 minutes, and with Senators permitted to speak for up to 10 minutes 
each; further, I ask unanimous consent that following morning business, 
the Senate resume consideration of H.R. 2892, the Homeland Security 
Appropriations Act, as provided for under the previous order.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. KAUFMAN. Mr. President, under the previous order, shortly after 
11 a.m., the Senate will proceed to vote in relation to the Kyl 
amendment No. 1432. Additional rollcall votes are expected to occur 
throughout the day as we work toward completion of the bill.
  Earlier tonight, the majority leader filed cloture on the Homeland 
Security appropriations bill and the substitute amendment. As a result, 
rule XXII requires that all germane first-degree amendments be filed at 
the desk prior to 1 p.m. tomorrow. The majority leader hopes that 
cloture will not be necessary and that we will be able to complete 
action on the bill tomorrow evening.

                          ____________________




                  ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

  Mr. KAUFMAN. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent that it adjourn under the 
previous order.
  There being no objection, the Senate, at 7:39 p.m., adjourned until 
Thursday, July 9, 2009, at 9:30 a.m.

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate:


                             THE JUDICIARY

       IRENE CORNELIA BERGER, OF WEST VIRGINIA, TO BE UNITED 
     STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF WEST 
     VIRGINIA, VICE DAVID A. FABER, RETIRED.
       ROBERTO A. LANGE, OF SOUTH DAKOTA, TO BE UNITED STATES 
     DISTRICT JUDGE FOR THE DISTRICT OF SOUTH DAKOTA, VICE CHARLES 
     B. KORNMANN, RETIRED.


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE 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

MAJ. GEN. FRANK GORENC

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE 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. GARY L. NORTH


                              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 lieutenant general

MAJ. GEN. ROBERT P. LENNOX

       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. KENNETH W. HUNZEKER

       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. LLOYD J. AUSTIN III

       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

MAJ. GEN. PURL K. KEEN

       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

MAJ. GEN. JOHN E. STERLING, JR.

       THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES 
     OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE 
     GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12211:

                        To be brigadier general

COL. CHARLOTTE L. MILLER

       THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES 
     OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE 
     GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12211:

                          To be major general

BRIG. GEN. JOSEPH B. DIBARTOLOMEO

                          IN THE MARINE CORPS

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

                        To be lieutenant general

MAJ. GEN. WILLIE J. WILLIAMS





[[Page 17049]]

            HOUSE OF REPRESENTATIVES--Wednesday, July 8, 2009


  The House met at 10 a.m. and was called to order by the Speaker.
  Rev. Alberto Delgado, Alpha and Omega Church, Miami, Florida, offered 
the following prayer:
  Father, we worship Your holy name.
  In the Bible You command the church to always pray and give thanks 
for those who are in authority.
  The United States and the whole world are now experiencing difficult 
times; because of it, confusion and fear reign in the hearts of many.
  Father, we have total confidence that You will stretch forth Your 
hand upon America. This great country of ours will defeat the present 
crisis, will enter a new level of prosperity, and will continue to be 
the example and the strength of the free world.
  Father, right now I decree a blessing upon the Congress of the United 
States. I pray that Your Holy Spirit may fall upon each man and each 
woman present, that they may be illuminated with Godly wisdom as they 
enter legislation. May Your blessings be also upon their personal lives 
and their families.
  In Jesus' name we pray. 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.
  Ms. FOXX. Madam Speaker, pursuant to clause 1, rule I, I demand a 
vote on agreeing to the Speaker's approval of the Journal.
  The SPEAKER. The question is on the Speaker's approval of the 
Journal.
  The question was taken; and the Speaker announced that the ayes 
appeared to have it.
  Ms. FOXX. 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. Pursuant to clause 8, rule XX, further proceedings on 
this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER. Will the gentlewoman from the Virgin Islands (Mrs. 
Christensen) come forward and lead the House in the Pledge of 
Allegiance.
  Mrs. CHRISTENSEN 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.

                          ____________________




                   WELCOMING REV. ALBERTO M. DELGADO

  The SPEAKER. Without objection, the gentleman from Florida (Mr. 
Lincoln Diaz-Balart) is recognized for 1 minute.
  There was no objection.
  Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, it is my distinct 
pleasure and privilege to be able to welcome Pastor Alberto Delgado to 
the House of Representatives. Pastor Delgado and his wife, Mariam, also 
a wonderful religious leader, are pillars of strength, faith, and good 
works in south Florida.
  Their church, Alpha and Omega Church with more than 5,000 members, is 
a sanctuary which opens its doors to over 2,000 worshipers per service, 
with services in both English and Spanish. It is a place of miracles, 
where, as Pastor Delgado always reminds the faithful, everything is 
possible with faith and where the family and the word of God are 
revered.
  The ministries of Alpha and Omega Church have already spread to other 
States in this great and generous land, and to other countries as well, 
including Cuba, Guatemala, Argentina, Mexico, Nicaragua, and Belize. 
And the work of Pastor Delgado never stops.
  Welcome to the United States Congress, Alberto and Mariam. It is an 
honor to have you here. Thank you for all that you do.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Pastor of Arizona). The Chair will 
entertain up to 15 further requests for 1-minute speeches on each side 
of the aisle.

                          ____________________




                           HEALTH CARE REFORM

  (Mrs. CHRISTENSEN asked and was given permission to address the House 
for 1 minute.)
  Mrs. CHRISTENSEN. Mr. Speaker, we in this body will deliver a health 
care reform package and fulfill our and the President's promise to 
America. That makes this a special time to be in the Congress, and it 
is a great privilege to be a member of one of the main committees that 
has responsibility for this product.
  Although there is still a need to improve on some measurements, 
because of the public plan and exchange, the improvements in Medicare, 
Medicaid and SCHIP, the mandates for coverage, a robust benefits 
package, accountability care organizations and medical homes, and the 
provisions already included to reduce health disparities, our Nation 
will be a fairer and more just country and we will not only save money, 
but we will be a more productive and competitive nation as well.
  We must not let the cost today stand in the way of our destined and 
future greatness. A significant investment in health care will reap 
savings in the not-too-distant future. Let's make sure that quality, 
comprehensive, and culturally and linguistically appropriate health 
care is available and accessible to every person living in this 
country, in the 50 States, the District of Columbia, and all of the 
offshore areas or territories. Let's make sure that universal health 
care is universal health care.

                          ____________________




            REPUBLICANS ADVOCATE QUALITY HEALTH CARE REFORM

  (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, House Republicans are 
offering positive solutions to our Nation's health care system. We are 
standing up for individual choice, preserving the all-important doctor-
patient relationship, and giving families more resources and more of 
their own money to afford quality health care.
  Our Democrat colleagues have abandoned any sense of bipartisan 
cooperation. That is why their health care proposals currently amount 
to a $1 trillion big government takeover. Republicans are proposing tax 
relief for families and small businesses who are struggling to afford 
health care. We want to empower States and small businesses to band 
together for affordable insurance options. Rather than copy a failed 
central planning big government system, we are committed to weeding out 
waste, fraud and abuse.
  Republicans are hard at work developing a set of patient-first health 
care reforms. We encourage our Democrat colleagues to join us in 
defending patient choice and quality care against the rationed care of 
a big government health care takeover.
  In conclusion, God bless our troops, and we will never forget 
September the 11th in the global war on terrorism.

[[Page 17050]]



                          ____________________




                COST CONTAINMENT FOR HEALTH CARE REFORM

  (Mr. INSLEE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. INSLEE. Mr. Speaker, in our health care reform, our aspiration 
ought to be to give Americans the health care that people get at the 
Mayo Clinic, and nothing less. We can do this even though this sounds 
like a high bar because at the Mayo Clinic they provide cost-effective 
health care. Medicare spends about $6,700 a year in Rochester, 
Minnesota. In other places in the country, it is over twice that. In 
one town in Texas, it is $14,000 a year.
  We need in our health care plan to provide quality medical care, 
choice of medical care, and cost-effective medical care. That's why in 
our bill we are going to need to insist on measures of peer profiling 
for physicians, critical protocols to make sure that quality happens, 
and rewards for physicians for high quality. When we do this, patients 
will have the same quality as the Mayo Clinic and the same cost as the 
Mayo Clinic to the American taxpayer. That is a good deal. We have to 
make sure that cost containment is part of our health care plan.

                          ____________________




                HONORING PRIVATE FIRST CLASS PETER CROSS

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Mr. Speaker, Private First Class Peter Kyle Cross 
wanted to be a missionary, but he decided he needed to mature a little 
bit first, so he joined the United States Army in August, 2008. He was 
born in Texas, but he and his family later moved to New York.
  Private First Class Cross was deployed to Afghanistan in February 
with the 10th Mountain Division of New York. Private First Class Cross 
and his unit were out on patrol, and he went to get supplies for his 
fellow soldiers. Returning to platoon, driving on a narrow mountain 
pass, he saw a group of Afghan children herding sheep on the road. 
Peter swerved his Humvee to avoid hitting the kids and went off the 
side of the mountain. Peter Cross was 20 years of age.
  This young American soldier's first instinct was to sacrifice his 
life for a group of children he did not know in a land far from home. 
Peter's father said of his son's sacrifice: ``His last act in life 
showed what kind of man he was, selflessly thinking of others.''
  Last week, the governor of New York ordered all flags flown at half 
staff in honor of this Texan and New Yorker, Peter Cross. Amazing breed 
these young bucks of the United States Army.
  And that's just the way it is.

                          ____________________




                              {time}  1015
                              PRIMARY CARE

  (Ms. SCHWARTZ asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Ms. SCHWARTZ. I rise today to address the importance of primary care 
and comprehensive health care reform. As we move towards creating a 
uniquely American solution in which all Americans have access to 
affordable, meaningful, stable health coverage, we must remember that 
insurance alone means little if patients do not have adequate access to 
health care providers and services.
  Primary care providers are on the front line of the health care 
system treating acute and chronic problems, preventing diseases, and 
keeping costly conditions from worsening. And yet, despite this 
essential role, it is primary care where we face the most acute 
provider shortages.
  Fewer and fewer medical students are choosing primary care. Since 
1998, the percentage of internal medicine residents declined from 50 
percent to 20 percent. By 2025, America will have a shortage of 46,000 
primary care providers.
  I have introduced the Preserving Patient Access to Primary Care Act. 
My proposal takes a comprehensive approach to addressing this problem, 
bolstering our primary care workforce and improving primary care 
services, providing scholarships and loan repayments, increasing 
payments for doctors, and eliminating copayments for Medicare 
beneficiaries seeking preventative care.
  I encourage all these provisions to be included in health care 
reform.

                          ____________________




                           NO SECOND STIMULUS

  (Mr. FLEMING asked and was given permission to address the House for 
1 minute.)
  Mr. FLEMING. Mr. Speaker, I join the majority of Americans who found 
themselves in utter disbelief yesterday when they heard the majority 
leader say that this Congress might need to consider a second stimulus 
package. After the first stimulus package has proved to be a failure in 
stabilizing the economy and mitigating unemployment, the best solution 
the liberal leadership in the House can propose is to continue on this 
reckless spending spree.
  At present, we are spending $100 million a day on interest on the 
first stimulus, and yet unemployment has now reached 9.5 percent. This 
first stimulus has proved to be nothing more than a tool to fund a 
broad-sweeping social agenda that has been on the shelf for years. The 
Vice President said we misread the economy. Well, Mr. Biden, not one 
Republican in this House misread it because none of us voted for it.
  If we really want to stimulate the economy, we should immediately cut 
marginal tax rates for all and provide emergency tax relief to the very 
entities that employ 70 percent of those employed--small businesses.
  The American people have had enough of the tax-and-spend mentality of 
Congress.

                          ____________________




                           HEALTH CARE REFORM

  (Mr. BACA asked and was given permission to address the House for 1 
minute.)
  Mr. BACA. Every week my office in San Bernardino, California, 
receives phone calls from constituents seeking assistance for their 
health care needs.
  The cost of health care is flying through the roof. American families 
are struggling to pay premiums that are going up three times faster 
than the wages. The health care system is broken. This is not just 
disturbing, this is inhumane and un-American when you're being denied 
health care or can't get the health care coverage you need.
  In my district, local small businesses are faced with choosing 
between offering health care coverage to employees or closing their 
doors. I met with local health care leaders in my district. Among other 
problems, we are seeing sharp increases in emergency room use. If we 
don't have the health coverage, then we, the taxpayers, will end up 
picking up the cost.
  Rising unemployment rates lead to higher numbers of uninsured and 
sharp declines of normal doctor visits. No one should be denied; they 
should be able to have access to health care.
  Health care reform will not be an easy task. We must act on behalf of 
the American families that we represent. I urge my colleagues to give 
American families peace of mind again by working towards a true health 
care reform.

                          ____________________




                           KENNY CALLAHAN ACT

  (Mr. ROGERS of Alabama asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. ROGERS of Alabama. Mr. Speaker, I rise today to discuss H.R. 
2881, the Kenny Callahan Act, a bill I recently introduced.
  Kenny Callahan was a friend and a cameraman in a local TV station in 
east Alabama. Recently, he was diagnosed with pancreatic cancer in 
December of 2008 and died less than 2 months later.
  Kenny worked two jobs to support his family, but when he got sick, he 
couldn't work any longer. Given only a short time to live, he could not 
outlive the waiting period required to receive Social Security and 
Medicare benefits. This bill, named for Kenny, would eliminate the 
waiting period for Social

[[Page 17051]]

Security and Medicare benefits for folks diagnosed with terminal 
illness.
  This legislation is about starting a compassionate conversation to 
help these people and their families. It's about a moral obligation to 
help those most vulnerable in our communities.
  If ending the disability waiting periods for everyone is not included 
in the health care reform package, at a minimum, it should be 
eliminated for the terminally ill.
  I ask my colleagues to support this bill.

                          ____________________




                             ENERGY WRAP-UP

  (Mr. KLEIN of Florida asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. KLEIN of Florida. Mr. Speaker, last week, the House took an 
extraordinary first step by creating jobs in the form of unleashing a 
new generation of energy technology built right here in America.
  Whether we agree on any other issue, each of us is committed to 
keeping this country safe, and the American Clean Energy and Security 
Act is essential to our national security.
  The bill that passed the House marks a critical first step to 
creating clean energy incentives that will spur the development of new 
technologies, create jobs, and fuel our economic national recovery.
  While I was home last week in south Florida, I had the chance to meet 
with Yann Brandt and his colleagues at Advanced Green Technologies. As 
a solar panel designer and distributor, AGT is on the cutting edge of 
alternative energy technologies and is creating jobs as we speak. 
That's exactly the kind of innovative local business this legislation 
will support.
  I am confident that Florida can be a national leader, as well as the 
rest of the country, on clean energy technology. This bill gives our 
business leaders the tools they need to create jobs and compete in the 
next great American industry.

                          ____________________




            LET THE AMERICAN PEOPLE CHOOSE THEIR HEALTH CARE

  (Ms. FOXX asked and was given permission to address the House for 1 
minute.)
  Ms. FOXX. Mr. Speaker, as the American people struggle to make ends 
meet, too many also live with the challenge of affording basic health 
care for themselves and their families.
  Republicans want to make high-quality health care coverage affordable 
and accessible for every American and let those who like their current 
health care coverage keep it. Republicans support health care reform 
that puts patients and their health first and protects the important 
doctor-patient relationship.
  Democrats are pushing for a government takeover of health care that 
would have devastating consequences for families and small businesses. 
A government takeover of health care will raise taxes, ration care, and 
let government bureaucrats make decisions that should be made by 
families and their doctors.
  Republicans want to empower doctors and patients by making health 
care more affordable, more accessible, and more accountable. The 
American people deserve the peace of mind that comes with knowing they 
have the health care their families need when they need it.
  We cannot allow politicians and special interests to stand between 
patients and the care they need. The American people deserve the 
freedom to choose the health care that is best for them and their 
families.

                          ____________________




                         GEOGRAPHIC DISPARITIES

  (Mr. WALZ asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. WALZ. Mr. Speaker, the American people know very clearly that 
health care reform must happen, and it must happen now. They also know 
that it must transcend politics. This isn't a Republican or a 
Democratic issue. They know that crippling costs are hurting our 
families, hurting our businesses, and hurting our Nation. By the end of 
today, and the close of business in this House, 14,000 of our fellow 
citizens will lose their health care coverage.
  Reforming health care must have at its base reforming how we do 
Medicare formulas. My home district is home to the Mayo Clinic. As you 
heard my colleague speak earlier, providing high-quality care at a low 
price is the hallmark of the Mayo Clinic. But because of the way 
Medicare payments are now figured today, the Mayo Clinic and others who 
provide high-quality care at low cost are penalized. We can change the 
mix in the index by making sure Medicare physician fee formulas measure 
quality.
  I urge my colleagues, Republican and Democrats, to make this the 
hallmark. Make the Mayo model the model for this country, and we will 
get high-quality, low-cost care that will strengthen our Nation.

                          ____________________




                              HEALTH CARE

  (Mr. REICHERT asked and was given permission to address the House for 
1 minute.)
  Mr. REICHERT. Mr. Speaker, just days after the 4th of July events 
that celebrate our freedom, it's ironic that Congress will begin 
consideration of a health care proposal that threatens the freedom to 
choose and keep the health care we want and we need.
  Health care is not about bureaucrat systems. It's about people. It's 
about patients. It's about life and death. Quality health care is the 
foundation for our children to grow and prosper and for our seniors to 
enjoy comfortable retirements.
  We can all agree that our health care system must be transformed, but 
a $1.6 trillion proposal that puts government bureaucrats between 
doctors and patients, raises health care costs for families, taxes our 
health care plans, and reduces choices is not the answer to ensure that 
our health care system remains focused on people.

                          ____________________




                           HONORING TOM WILLS

  (Mr. YARMUTH asked and was given permission to address the House for 
1 minute.)
  Mr. YARMUTH. Mr. Speaker, I rise this morning to mark the retirement 
of a man who has been a true institution of my hometown over the last 
40 years.
  In an era where loyalty is fleeting and in an industry that is 
constantly changing, the people of Louisville are grateful that Tom 
Wills dedicated his career to serving our community.
  It was 1969 when Tom came to Louisville to work as WAVE 3 TV's 
meteorologist. In the decades since, Tom has been there for 
Louisvillians through it all. Whether it was the 1974 tornado, the 
snowstorm of 1994, or the ice storm this past winter, Tom's reassuring 
voice has been a fixture on televisions throughout Louisville.
  We in Louisville are grateful to have had Tom walk us through every 
sunny day and every rainy night. After four decades, I am proud to join 
all of Louisville in thanking him for his service and wishing him the 
best as he moves on to a well-deserved retirement.

                          ____________________




                         AN ECONOMIC LIFE-SAVER

  (Mrs. MALONEY asked and was given permission to address the House for 
1 minute.)
  Mrs. MALONEY. Mr. Speaker, the U.S. economy shed 467,000 jobs in 
June, yet the economic climate would have been worse without the 
economic recovery legislation we passed in February. One leading 
independent economist reported last week that our stimulus measures 
prevented the loss of some 500,000 jobs in the last 3 months alone.
  Many State and local governments, retailers, and service-providing 
employers have been able to save thousands of jobs that otherwise would 
have vanished without money provided in the stimulus package to 
communities and consumers. As a result of our action, the legislation's 
broad approach will leave the unemployment rate 2 percentage points 
lower by the end of next year. The stimulus impact has and continues to 
be an economic

[[Page 17052]]

lifesaver for families all across this country.

                          ____________________




                                 CZARS

  (Mr. KINGSTON asked and was given permission to address the House for 
1 minute.)
  Mr. KINGSTON. You know, we have all heard about czarist Russia. Over 
a 300-year period of time, Russia had 18 czars. Now, America has had 
czars, too--Ronald Reagan had one, George Bush had one, Bill Clinton 
had three, George W. Bush had four. This Presidency has 27--and maybe 
even as high as 33, nobody even knows--czars for all kinds of things 
like compensation, regulatory reform, terrorism, Guantanamo Bay, 
automobiles.
  And who are these people? Well, we don't know, because even though 
the Constitution calls for the U.S. Senate to approve powerful people 
in powerful positions--and, indeed, they vote on hundreds of 
appointees--the czars go around this process. Now, they get paid 
$172,000 each and they all have staffs. We are spending millions of 
dollars on people who have not been vetted by the U.S. Senate. We do 
not know who they are or what they are doing.
  Why won't the President use transparency and have these people come 
before the Senate and talk to them? Why are they so smart, and why do 
you have to have duplication of already existing Cabinet jobs?

                          ____________________




                              {time}  1030
  VIETNAM'S CONTINUING DISREGARD FOR CIVIL, POLITICAL, AND RELIGIOUS 
                               LIBERTIES

  (Ms. LORETTA SANCHEZ of California asked and was given permission to 
address the House for 1 minute and to revise and extend her remarks.)
  Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today 
extremely frustrated and concerned over the continued arrest of pro-
democracy dissidents inside Vietnam.
  The Government of Vietnam continues to persecute journalists, 
bloggers, and other individuals who simply speak out against human 
rights abuses in the country of Vietnam. Yesterday I learned that Mr. 
Nguyen Tien Trung, another young and prominent dissident, was arrested 
by the Government of Vietnam. Mr. Trung is the leader of the Movement 
Democratic Youth, a group that mobilizes young people to demand change 
in the political regime in Vietnam. The recent arrests of lawyer Le 
Cong Dinh and Nguyen Tien further demonstrate Vietnam's continuing 
disregard for basic civil, political, and religious liberties.
  I urge my colleagues to speak out on behalf of these brave men and 
women who are now imprisoned in Vietnam. Please join me in urging the 
Department of State to place Vietnam back on the Countries of 
Particular Concern list.

                          ____________________




APPROPRIATION BILLS UNDER CLOSED RULES: BAD PROCESS LEADS TO BAD POLICY

  (Mr. FLAKE asked and was given permission to address the House for 1 
minute.)
  Mr. FLAKE. Mr. Speaker, I rise today in protest of the way we're 
handling appropriation bills this year.
  Traditionally, appropriation bills have come to the floor under an 
open rule, allowing Members to offer as many amendments as they would 
like as long as they give notice of such amendments. Now we have this 
year a process of closed rules, where appropriation bills are brought 
to the floor under structured rules. Members are limited in the number 
of amendments they can bring forward. And we're told that we need to do 
this because Members will offer so many amendments that it will slow 
the process down.
  But when you have bills come to the floor with literally in some 
cases more than a thousand earmarks that have not been vetted by 
anybody, and obviously the Appropriations Committee is not vetting 
these earmarks, then we should have a process where people on the floor 
can at least see what's in these bills. We're not allowed to do that. 
We are bringing a bill to the floor today with just a few amendments 
that will be allowed to be offered.
  Mr. Speaker, we cannot continue to do this. We are told that people 
don't care about process. Perhaps they don't. But bad process leads to 
bad policy.

                          ____________________




                        COMMUNITY HEALTH CENTERS

  (Ms. CASTOR of Florida asked and was given permission to address the 
House for 1 minute and to revise and extend her remarks.)
  Ms. CASTOR of Florida. Mr. Speaker, I rise today to inform the House 
that the economic recovery plan is working in my district.
  Yesterday, I was at the Johnny Ruth Clark Community Health Center in 
South St. Petersburg, Florida, where we made the announcement that $1 
million will go to expand that community health center. That community 
health center is the lifeline for that community, for the neighbors and 
businesses in that community. It's going to allow them to build new 
patient exam rooms. This $1 million grant comes on the heels of a half 
million dollar grant that will allow them to hire new doctors, nurses, 
and medical professionals, very important because our community health 
centers are the places where folks receive quality, affordable health 
care.
  Fortunately, in our health care reform bill, we are going to make an 
additional investment in our community health centers. They are the 
lifelines to our communities. This is one of the only ways we're going 
to make quality health care affordable and convenient for families and 
small businesses throughout our neighborhoods.

                          ____________________




               HONORING PRIVATE FIRST CLASS STEVEN DREES

  (Mr. KAGEN asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. KAGEN. Mr. Speaker, it is with a deep sense of sadness that I 
express my sincere condolences to the family, friends, and community of 
Peshtigo, Wisconsin's native son Steven Drees, who was killed in action 
in Afghanistan on June 28 while serving his country in Operation 
Enduring Freedom.
  Private First Class Drees' enlistment began on July 25, 2008. He was 
assigned to D Company, 2nd Battalion, 12th Infantry Regiment, 4th 
Infantry Division out of Fort Carson, Colorado. Frequently decorated, 
he counted among his awards three Bronze Stars and a Purple Heart.
  When any soldier falls, we mourn collectively and we pray as one 
people. And when we lose one of our very youngest soldiers so close to 
home, we are especially aggrieved.
  Nothing can replace what Steve's family has lost, but if it's any 
consolation, let it be remembered that Private First Class Steven Drees 
remained dutiful and brave at all times and that he was a loyal United 
States soldier. That such a young man could serve so selflessly is a 
tribute to the nobility and fortitude of the people of Peshtigo, the 
people of Wisconsin, and the citizens of these United States.
  Steven will never be forgotten.

                          ____________________




                           HEALTH CARE REFORM

  (Mr. WU asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. WU. Mr. Speaker, a few years ago on a Mother's Day Sunday, my 
daughter got a cut on her face and was bleeding. So I took her to the 
emergency room. She got a Band-Aid and some antiseptic cream. It was a 
$350 bill.
  A couple years later, I took my son to Central Oregon with me on a 
conference. He jumped from the bed to the fireplace in the hotel, 
missed his landing, split his lip. I took him to the emergency room. He 
got three stitches. He got good treatment. The bill was for $850.
  Why do three stitches cost $850 or a Band-Aid $350?
  Those 49 million uninsured people in America, we are already paying 
for their health care; but it's through the dumbest way that we can, 
through expensive products for some of us, even

[[Page 17053]]

though I have insurance. And what we do need now is change in our 
health care system so that we cover those uninsured because it's not 
only the right thing to do; it is the smart thing to do so that we 
don't have $350 bandages and $850 stitches.

                          ____________________




  PROVIDING FOR CONSIDERATION OF H.R. 2965, ENHANCING SMALL BUSINESS 
                  RESEARCH AND INNOVATION ACT OF 2009

  Mr. POLIS. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 610 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 610

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2965) to amend the Small Business Act with 
     respect to the Small Business Innovation Research Program and 
     the Small Business Technology Transfer Program, and for other 
     purposes. The first reading of the bill shall be dispensed 
     with. All points of order against consideration of the bill 
     are waived except those arising under clause 9 or 10 of rule 
     XXI. General debate shall be confined to the bill and shall 
     not exceed one hour, with 40 minutes equally divided and 
     controlled by the chair and ranking minority member of the 
     Committee on Small Business and 20 minutes equally divided 
     and controlled by the chair and ranking minority member of 
     the Committee on Science and Technology. After general debate 
     the bill shall be considered for amendment under the five-
     minute rule. In lieu of the amendment recommended by the 
     Committee on Science and Technology now printed in the bill, 
     it shall be in order to consider as an original bill for the 
     purpose of amendment under the five-minute rule the amendment 
     in the nature of a substitute recommended by the Committee on 
     Small Business now printed in the bill. The committee 
     amendment in the nature of a substitute shall be considered 
     as read. All points of order against the committee amendment 
     in the nature of a substitute are waived except those arising 
     under clause 10 of rule XXI. Notwithstanding clause 11 of 
     rule XVIII, no amendment to the committee amendment in the 
     nature of a substitute shall be in order except those printed 
     in the report of the Committee on Rules accompanying this 
     resolution. Each such amendment may be offered only in the 
     order printed in the report, may be offered only by a Member 
     designated in the report, shall be considered as read, shall 
     be debatable for the time specified in the report equally 
     divided and controlled by the proponent and an opponent, 
     shall not be subject to amendment, and shall not be subject 
     to a demand for division of the question in the House or in 
     the Committee of the Whole. The proponent of any such 
     amendment may modify its amendatory instructions before the 
     question is put thereon. All points of order against such 
     amendments are waived except those arising under clause 9 or 
     10 of rule XXI. At the conclusion of consideration of the 
     bill for amendment the Committee shall rise and report the 
     bill to the House with such amendments as may have been 
     adopted. The previous question shall be considered as ordered 
     on the bill and amendments thereto to final passage without 
     intervening motion except one motion to recommit with or 
     without instructions.
       Sec. 2.  The Chair may entertain a motion that the 
     Committee rise only if offered by the chair of the Committee 
     on Small Business or her designee. The Chair may not 
     entertain a motion to strike out the enacting words of the 
     bill (as described in clause 9 of rule XVIII).
       Sec. 3.  During consideration of H.R. 2965, the Chair may 
     reduce to two minutes the minimum time for electronic voting 
     under clause 6 of rule XVIII and clauses 8 and 9 of rule XX.

  The SPEAKER pro tempore. The gentleman from Colorado is recognized 
for 1 hour.
  Mr. POLIS. Mr. Speaker, for the purposes of debate only, I yield the 
customary 30 minutes to the gentlewoman from North Carolina, Dr. Foxx. 
All time yielded during consideration of the rule is for debate only.


                             General Leave

  Mr. POLIS. Mr. Speaker, I ask unanimous consent that all Members be 
given 5 legislative days in which to revise and extend their remarks on 
House Resolution 610.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
  House Resolution 610 provides for consideration of H.R. 2965, the 
Enhancing Small Business Research and Innovation Act of 2009, under a 
structured rule. The rule provides for 1 hour of general debate with 40 
minutes controlled by the Committee on Small Business and 20 minutes 
controlled by the Committee on Science and Technology. The rule makes 
in order five amendments printed in the Rules Committee report. The 
amendments are debatable for 10 minutes each, except for the manager's 
amendment, which is debatable for 30 minutes. The rule provides one 
motion to recommit, with or without instructions.
  Mr. Speaker, I rise in support of House Resolution 610 and the 
underlying bill, H.R. 2965, the Enhancing Small Business Research and 
Innovation Act, which reauthorizes the Small Businesses Innovation 
Research Program and the Small Business Technology Transfer Program.
  Programs such as these, programs that successfully create high-wage 
jobs and ensure our Nation's technological competitive advantage in 
wide areas from software to defense to medicine, are vital, 
particularly in light of our economic climate.
  On behalf of my constituents in Colorado whose businesses have 
prospered as a result of this program, I thank my friend from 
Pennsylvania (Mr. Altmire) for crafting this legislation. I also thank 
Chairwoman Velazquez and Chairman Gordon and their staffs for their 
hard work and efforts to bring this bill in a timely fashion before us 
on the floor of the House of Representatives. With the Small Business 
Innovation and Research Program extension set to expire at the end of 
this month, these committees have carefully debated this legislation 
and with deliberate speed have brought us a bill that is an improvement 
over existing programs and is deserving of swift passage by this body.
  Since its inception in 1982, the SBIR has made awards to more than 
94,000 projects totaling over $20.7 billion of funding for small 
businesses. The SBIR program was conceived to help small innovative 
businesses access Federal research and development funding that creates 
jobs and allows Federal agencies to benefit from the ingenuity of 
private industry. SBIR's companion, the Small Business Technology 
Transfer Program, which began in 1992, goes further by incorporating 
nonprofit research institutes. This public-private partnership program 
is a success story that's not only created jobs but has also yielded 
dividends for the Federal agencies that sponsor the program. Americans 
can be proud that Federal resources have been leveraged to create 
innovations that have benefited 11 Federal agencies that have SBIR 
programs, including the National Institutes of Health, the Department 
of Energy, and the Department of Defense. The research and development 
of new technologies and processes that is completed by private 
companies have created efficiency in the Departments that sponsor SBIR 
while freeing the resources and staffs for projects that are essential 
to the agency's mission, making our Nation safer and our citizens 
healthier.
  Mr. Speaker, the success of this program is clear. One need only look 
to the patents that have resulted from SBIR awards or the 1.5 million 
Americans employed by SBIR program participant companies to get a sense 
of the real value of this program.

                              {time}  1045

  Less tangible but equally important are the other benefits of this 
program. Across the country, communities have enjoyed the economic 
impact of investment in small business. The projects of SBIR 
participants have resulted in not only high-wage, direct research 
employment but also have generated manufacturing jobs right here in 
this country and a host of support industry jobs.
  In my State of Colorado, the synergy of Federal labs, small business, 
and academia has driven economic growth in good times and in bad, and 
acted as a stabilizing effect in the hard times. In my district, as a 
result of SBIR participation, Boulder-based Tech-X Corporation has 
created 58 high-paying jobs that earn $453,000 from sales and licensing 
of advanced software that's

[[Page 17054]]

used in private industry as well as NASA, the Department of Energy, and 
the Department of Defense.
  The legislation before us reauthorizes the program that allows small 
businesses to make big plans and helps them succeed. I remind my 
colleagues that in the midst of a recession, we have an obligation to 
our small businesses to provide as much security as possible, and that 
reauthorizing this program through 2011 provides security for long-
range planning while giving Congress the opportunity to adjust any 
deficiencies in the program. This flexibility is important when 
considering the fast pace of change in the high-tech industry.
  With H.R. 2965, we don't just reauthorize the SBIR program, we also 
modernize and improve the program. We increase funding levels for phase 
I and phase II awards to a level that's consistent with modern 
financial realities. We clarify the language regarding which companies 
can participate so that no worthwhile innovation is left behind. And we 
streamline the SBIR and STTR so that the two programs operate more 
efficiently, meet clear performance standards, and put taxpayer dollars 
to the best possible use.
  We also put a greater emphasis on bringing products to market and 
broaden the pool of businesses that participate with outreach to rural 
and underserved communities. Finally, and importantly, we increase the 
outreach to our Nation's veterans, ensuring that those who have served 
our country have every opportunity to reenter the business world and 
succeed financially when they get home.
  Mr. Speaker, today we have a great opportunity to reauthorize a 
program that the Government Accountability Office has said clearly is 
doing what Congress asked it to do in achieving commercial sales and 
developmental funding for the private sector.
  I ask my colleagues to join me in supporting this bill and the 
underlying legislation.
  I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank my colleague from Colorado for yielding time. 
However, I must rise in opposition to this closed rule for H.R. 2965, 
Enhancing Small Business Research and Innovation Act. While there may 
be many merits to the underlying bill, this would have been a perfect 
opportunity for the majority to have opened up this process and allow 
the House to work its will.
  This is a relatively noncontroversial bill which might not even have 
needed to be considered under a rule except for the opportunity for 
some of our Democratic colleagues to get some amendments passed. We are 
in a very busy time with the appropriations process and the schedule 
very, very full this week, and had we done this, again, under an open 
rule, I think the process could have gone very, very quickly.
  However, the majority has continued its process of shutting out not 
only the minority, but many of their colleagues by not allowing their 
amendments to be made in order. So we will oppose this rule on that 
basis.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. POLIS. One minor correction, to the gentlelady from North 
Carolina. The rule is a structured rule as opposed to a closed rule. I 
know that my colleague on the Rules Committee is aware of the 
difference as well.
  Specifically, this rule calls for five amendments to be in order, 
including three Republican amendments and two Democratic amendments. I 
think it's a very fair rule. There were 34 amendments that were 
submitted to the Rules Committee. Thirteen of those were withdrawn by 
the sponsors, and two were nongermane.
  With that, I would like to yield 2 minutes to the gentleman from 
Georgia (Mr. Barrow).
  Mr. BARROW. I thank the gentleman for yielding. Mr. Speaker, I rise 
in support of H.R. 2965, the Enhancing Small Business Research and 
Innovation Act, because I believe this bill is vital to modernizing 
Small Business Innovation Research and Technology Transfer programs.
  I'm also pleased that this bill includes a proposal I sponsored last 
year that will establish a grant program for minority colleges and 
universities to partner with nonprofits. Working together, nonprofits 
and minority colleges and universities will develop relationships with 
industries and small businesses that will expand minority-owned small 
business opportunities.
  Small businesses are the engine that drives the American economy, and 
this act will help grow small businesses where both the need--and the 
opportunity--are the greatest. I believe this bill is critical to 
sustain job growth, and exactly the kind of legislation that our Nation 
needs right now, and I urge my colleagues to support the rule and vote 
for it.
  Ms. FOXX. I now yield 4 minutes to my colleague, the gentleman from 
Arizona (Mr. Flake).
  Mr. FLAKE. I thank the gentlelady for yielding. I rise in opposition 
to this rule. I submitted a very noncontroversial amendment to the 
Rules Committee that would have prevented congressional earmarking to 
any of the funds appropriated to the Federal agencies while carrying 
out these programs.
  My amendment was germane. It would have been in order, had they 
simply ruled it in order. This same amendment has been added several 
times both by voice vote and by roll call vote to several other pieces 
of legislation. So there's no controversy here. But I have to wonder 
why they wouldn't allow this amendment. And let me just speculate for a 
minute.
  Under this program, which continues to grow, according to CRS, the 
SBIR awarded $45 million for nearly 700 projects in 1983--the year it 
was established. By the time we reached fiscal year 2006, more than 
$1.8 billion was awarded to almost 6,000 projects.
  Now these are projects that are awarded by the SBA based on merit, 
for the most part, I guess. That's the way the program is set up, as it 
should be if you're going to have a program like this. I can't pretend 
to be a fan of this program, but if you are, you allow the projects to 
be distributed--the money for projects, based on merit.
  The problem is, as we have discovered here in Congress, one way to 
ingratiate yourselves to your constituents and to win reelection is to 
earmark those kind of funds for projects in your home district and to 
circumvent the process of merit that should go on with the Federal 
agencies. That's what we have done in program after program after 
program after program.
  We were told, for example, when we had the Homeland Security 
Department established, and we started appropriating money to it, We 
will never earmark these funds. Don't worry, we're not going to earmark 
it. Well, guess what? We're already earmarking. The last bill that came 
to the floor, the Homeland Security Bill, had hundreds of earmarks in 
it.
  For example, there's a program called the pre-disaster mitigation 
program. It's supposed to be for Homeland Security to award grants to 
help communities prepare for disasters.
  Well, guess what? Already a quarter of those funds are lopped off the 
top, earmarked, mostly by appropriators and powerful committee chairs, 
to their districts. In fact, I think the last figures were 70 percent 
of the money that was earmarked was earmarked by fewer than 25 percent 
of this body. So it's a spoils system.
  Now this, when you're awarding money to 6,000 projects, this is 
simply irresistible to Members of Congress who seek to earmark. Mark my 
words, if we don't put protections in here, these funds are going to be 
earmarked.
  And so the failure to allow the amendment to stipulate that none of 
these funds should be earmarked should be taken as notice that we're 
going to start earmarking these funds. And that is unfortunate.
  It's part of a pattern, though, that we've seen this year. We are 
actually bringing appropriation bills to the floor under rules, under a 
structured or closed rule, where very few amendments are allowed to 
even be offered.
  We will be considering the agriculture bill. There are hundreds and 
hundreds and hundreds of earmarks in that bill. We will have amendments 
to

[[Page 17055]]

strike maybe a half dozen. That's not transparency and accountability. 
What good is transparency if you can't actually challenge a number of 
these earmarks?
  The real purpose of all this narrowing down the number of amendments 
that can be offered, believe me, is that we will be appropriating for 
the Department of Defense later this month. There will be more than a 
thousand----
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. FOXX. I yield an additional 1 minute.
  Mr. FLAKE. There will be well over a thousand, if history proves 
correct here, over a thousand earmarks in the Defense bill, most of 
which will be earmarks to private companies, most of which will be in 
proximity to campaign contributions that will be returned--the circular 
fundraising that has become a fixture over the past couple of years 
under Republicans and Democrats in this House.
  The purpose of narrowing the amendments that can be offered is so we 
won't have to face those kind of questions on the House floor. Is this 
money being appropriated for this company? Is this company or their 
executives contributing back to the Member who secured the earmark?
  People don't want those questions being asked on this floor. That's 
why you're seeing amendments that won't be allowed in order here. 
That's what this is about. And it's a shame. We should do better than 
that. We owe this institution better than that.
  With that, I urge opposition to the rule.
  Mr. POLIS. The bill before us today has no earmarks. To elaborate 
upon the processes for awarding funds, I'd like to yield 3 minutes to 
the chairman of the Subcommittee on Technology and Innovation, the 
gentleman from Oregon (Mr. Wu).
  Mr. WU. I thank the gentleman. I want to correct the impression that 
my friend and colleague from Arizona left. I respect him for his 
consistency in pursuing certain topics, but I believe that on this 
particular topic he has completely missed the mark.
  Federal research dollars in this program are allocated on a merit, 
peer-reviewed process. That applies to the 97.5 percent of the moneys 
that are allocated for research. The products, the fruits of that 
research are sometimes commercializable, and that's why there's a 2.5 
percent set-aside for the SBIR program.
  Now, that 2.5 percent, which is what we're talking about here today, 
that 2.5 percent is given out by each of the agencies that sponsor that 
research on a merit-based process that is not subject to congressional 
influence of any kind whatsoever. It is done by the agencies by peers 
who are professionals in the field.
  And any impression that my friend and colleague from Arizona has left 
that there is congressional influence in earmarking is completely 
wrong. He should take his battles about earmarks to an appropriate 
field, and not this one, where both the 97.5 percent of the research 
dollars that are granted as a peer-review process is awarded on merit, 
and the 2.5 percent of those research dollars that are awarded under 
this SBIR program is also awarded by peers in the field based on merit.
  This has nothing to do with any congressional earmarking process, and 
any allegation to the contrary just completely misses the mark.
  Mr. FLAKE. Will the gentleman yield?
  Ms. FOXX. Mr. Speaker, I yield 1 minute to the gentleman from Arizona 
(Mr. Flake).
  Mr. FLAKE. I thank the gentlelady for yielding. I thank the gentleman 
from Oregon for clarifying that. All my amendment would do is say that 
this program should continue to be based on merit rather than be 
subject to congressional earmarking.
  I appreciate what the gentleman has said. Unfortunately, we have seen 
program after program after program that started off as a merit-based 
program all of a sudden be earmarked later. All this amendment would 
have done is what we have done in many other bills by voice vote and 
roll call, to simply stipulate that in future, or for the life of this 
authorization, those moneys that are meant for merit-based programs are 
not earmarked by Congress.
  And so I thank the gentleman for clearing that up. I just wish we 
would have made this in order. The fact that we didn't worries me 
because this becomes irresistible to Republicans and Democrats alike to 
start earmarking these funds.
  Mr. POLIS. With the Nation facing a historically tight credit market, 
H.R. 2965 makes it easier for small businesses that participate in SBIR 
to find capital and lets the business owners--not Washington 
bureaucrats--decide how to raise that capital.
  The commonsense improvements to the SBIR program, clarifying its 
mission and which businesses qualify, will make an already successful 
program run more efficiently and yield better results for taxpayers and 
for American businesses.
  The new focus on bringing products to market will help create even 
more job growth in manufacturing as well as support industries. America 
can be competitive and will continue to be competitive in manufacturing 
jobs in the high-tech sector. As technology improves at a lightning 
pace, the investments we make today in high-tech companies will ensure 
our Nation's technological advantage for many years to come.

                              {time}  1100

  The success of these companies brings new technology, efficiency and 
economic activity to Federal agencies and private industry alike. But 
more importantly, these successes will spark interest in science and 
technology in our youth. The advances we make now need a steady 
pipeline of new lines to keep us on track. We can leave no better 
legacy to the next generation of Americans than our example of 
intellectual prowess. Our colleagues on the Small Business Committee 
and the Science and Technology Committee understand the importance of 
taking action now for a stronger economic future. It is for this reason 
that both committees voted unanimously to bring this legislation to the 
floor of the House of Representatives.
  Mr. Speaker, let us follow the example of our colleagues by putting 
partisanship aside and reauthorizing this program which has been so 
beneficial for our constituents. Let us show the American people that 
this is what we can accomplish when Democrats and Republicans work 
together for the common good.
  I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Manzullo).
  Mr. MANZULLO. Mr. Speaker, I rise in opposition to the rule. There 
were several germane amendments submitted--including amendments by 
Congressmen Markey and Gingrey--that would have corrected a fatal flaw 
in this legislation. The bill sets the precedent to redefine what it 
means to be a small business by allowing large business interests to 
take advantage of a small business program.
  I am not disparaging the venture capital industry. It's extremely 
important. It plays a great part and a vital role in our economy 
because venture capitalists fill a vacuum that banks simply cannot 
touch. Banks generally do not lend money for long-range research 
projects that are based on little collateral. However, because venture 
capitalists generally do not get involved in first-stage seed 
investment--the equivalent of Phase I funding in the SBIR program--
efforts to dramatically expand the SBIR program to VC-owned firms will 
come at the expense of the truly small independent inventor looking for 
the first phase of feasibility funding.
  According to the latest data from the Small Business Administration, 
venture capitalists funded only 237 startup or seed investment deals 
for $894 million in the entire United States in 2005. In contrast, the 
SBIR program funded 6,010 startup or seed investment deals for $1.86 
billion in 2005. In addition, the venture capitalist seed deals were 
primarily concentrated in just five States--California, Maryland, 
Massachusetts, Pennsylvania and New

[[Page 17056]]

 York--but SBIR awards were more dispersed geographically throughout 
every State in America.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. FOXX. I yield the gentleman from Illinois 1 additional minute.
  Mr. MANZULLO. That's the problem, Mr. Speaker, because the bill comes 
up as a small business bill, but the language has been changed to allow 
these large venture capitalist firms to displace funding which was 
designated for small businesses for years. I chaired the Small Business 
Committee for 6 years; and year after year this issue came up as to 
what size company should be involved in getting this type of grant. It 
just does not make sense to now expand the definition of small business 
to include many of these venture capital firms; and that's why without 
the protections of the Markey amendment or the Gingrey amendment, 
funding designed for small businesses simply will go away. So I would 
urge the House to oppose the rule and to vote against the bill.
  Mr. POLIS. I yield myself such time as I may consume.
  To address the points made by my colleague Mr. Manzullo of Illinois, 
previous to this change, we effectively require that recipient 
companies take government money in Phase I in order to be eligible for 
Phase II. By making this change, we're saying, You know what, you don't 
need to rely on the government. You can raise private capital to make 
yourself eligible for Phase II. And we can actually have more funding 
available for Phase II by reducing the need for Phase I money by using 
private capital sources rather than government capital, rather than the 
taxpayer money that would otherwise go into it.
  We also have protections to ensure that a majority of the company is 
owned by those inventors and entrepreneurs who start the company. 
Venture capital investment is typically 20, 30, 40 percent of the 
company. Under this bill, we also stipulate that it can't be a majority 
of the company.
  Mr. MANZULLO. Will the gentleman yield?
  Mr. POLIS. I yield to the gentleman from Illinois.
  Mr. MANZULLO. The bill clearly shows that a VC couldn't own a 
majority of a company that gets an SBIR grant, but the majority of the 
stakeholders in the majority-owned company have to be individuals. It 
still allows the big VC companies to come in and displace the money 
that otherwise would go to small businesses. Venture capitalists do 
tremendous work; but certainly not in this situation, where the money 
gets diverted from the big companies to the little guys.
  Mr. POLIS. Reclaiming my time, why should companies be forced to 
accept government grants when there's private capital out there that 
would be willing to save taxpayer money, invest in those companies, 
bring that technology to the next stage and preserve that taxpayer 
money to be able to invest in the commercialization of those products 
and technologies?
  With that, I would like to yield 2 minutes to the gentleman from 
Oregon (Mr. Wu), the chairman of the Subcommittee on Technology and 
Innovation.
  Mr. WU. I thank the gentleman.
  I want to address the points raised by Mr. Manzullo, which I also 
believe to be erroneous. First, the history of this program has been 
that from 1982 until 2003, venture capital investment in SBIR companies 
was not restricted in any way whatsoever. The National Academy of 
Sciences studied this issue and said that during that period, there is 
absolutely no evidence that VC funding helped crowd out any small 
businesses. The legislation then and the legislation today limits the 
businesses that receive SBIR grants to those with 500 employees or 
less, the quintessential definition of what a small business is.
  Now what happened in 2003 is that a single administrative law judge 
in Boston, Massachusetts, interpreted a domestic ownership provision in 
the law to say that it has to be owned by real American people as 
opposed to American VCs. That was permitted before. The 2003 ruling has 
been expanded, in effect, to bar majority VC ownership. That is wrong. 
It prevents the public sector from giving money under this program to 
very good technologies. It prevents companies from raising money from 
both the public sector and the private sector, and this argument is 
completely erroneous about big VCs. We are talking about small 
companies. We are talking about small companies getting SBIR grant 
funds, and those small companies may have board members from VCs, but 
they are independent of VCs.
  The SPEAKER pro tempore. The time of the gentleman from Oregon has 
expired.
  Mr. POLIS. I yield the gentleman 1 additional minute.
  Mr. WU. Quite frankly, I do not know of a single VC that wants to 
spend the time or energy controlling an investment company. What they 
want to do is to get their money out with a big return. What the 
gentleman is concerned about is a scenario that just doesn't occur in 
the real world.
  Paradoxically, what the gentleman is pressing is a position that 
actually penalizes the smaller companies because it is precisely the 
smaller company that has to give away more of its equity to VCs to 
raise the same amount of money. So if you are a three-employee company, 
you might have to give away 60 percent of your company to raise $1 
million; whereas, if you have 30 employees or 300 employees, you might 
only give away 10 percent of your money to raise the same amount of 
money. Paradoxically, what the gentleman is asking for actually 
penalizes small startup companies.
  Ms. FOXX. Mr. Speaker, I yield the gentleman from Illinois 1 
additional minute.
  Mr. MANZULLO. When I chaired the Small Business Committee, I had a 
steady trail of VCs coming to my office wanting to change the law, 
pleading poverty. And I asked one gentleman, What's your net worth? He 
said $40 million, and the meeting ended.
  The problem with this bill is that it will crowd out the little guys, 
for whom it was originally intended. And the decision that was 
correctly made by the judge, that these are very special set-asides--
2.5 percent are designed for the little guys, and the big guys can go 
after the 97.5 percent--and what little crumbs are left for the little 
guys will be eaten away by allowing the VCs to come in under the 
proposed changes. That's my concern with this, and that's based upon 6 
years of people lobbying me to change the bill, and I refused to do 
that when I chaired the Small Business Committee.
  Mr. POLIS. Mr. Speaker, I would share with my colleague from Illinois 
that in my previous career before I came to Congress, I had been on 
various sides of this equation. I have been a venture capital investor. 
I have been in venture-backed companies. I have been a limited partner 
in venture capital companies, and I have raised money from individual 
investors as well.
  I can't see any good reason why the government should discriminate on 
the form of capital based on the form of capital the company has 
raised. It might be debt financing from a bank. It might be private 
capital from individual investors. It might be professional venture 
capital. It might be a grant under DARPA. It might be a Phase I grant 
under SBIR. These are all valid ways to raise money. These are all 
perfectly fine ways. Personally, I think it's better when they raise 
money from people rather than taxpayers. If they raise money from 
venture capital investors, that's a plus. If they raise money from a 
bank through credit, that's a plus too.
  The truth is, a lot of types of businesses aren't bankable. They 
can't borrow. They can't leverage because they are not buying a 
tangible asset with that. If you are in software, if you are in e-
commerce, you can't borrow to develop that company. You need to rely on 
equity capital. By discriminating based on equity capital, which is 
what we are talking about with venture capital, you are basically 
favoring companies that have a bankable asset that they're purchasing.
  Now I'm sure both kinds of companies are critical for the future of 
our

[[Page 17057]]

economy, but many of the very technology companies we need to support 
and are going to be a powerful growth sector in biotech, in computer 
technology, are going to be companies that can only raise money through 
equity capital. And by allowing them to do that, through allowing 
venture capital- backed companies to be eligible for these programs, 
we're furthering our engine of economic growth.
  I would like to yield 2 additional minutes to the gentleman from 
Oregon (Mr. Wu).
  Mr. WU. I thank the gentleman.
  Mr. Speaker, to address the points raised by the gentleman from 
Illinois, this is a program that permitted unlimited venture capital 
participation from 1982 until 2003. The National Academy of Sciences 
studied the program then and now. There is absolutely no evidence that 
VC investment crowds out any small business whatsoever. That was the 
finding of the National Academy of Sciences. They also found that by 
permitting venture capital majority participation companies to apply 
for SBIR, it improved the quality pool of the applicants for SBIR 
funds.
  Now I think one needs to understand that there are two very different 
segments of this industry. One is the industries that Mr. Polis and I 
are more familiar with, in biotech and high tech where companies 
typically pick up one of these grants or maybe just a couple, and they 
rocket up or grow and become a public company to get some VC 
investment. But it's a hockey puck growth curve. It's the classic high-
tech startup. There is another group of companies that basically is 
concentrated around the Defense Department; and they are, in effect, 
the research arm of the Defense Department. They are steady-state small 
businesses that are going to have a stream of SBIR and STTR grants, and 
this is how they fund themselves. Both are valid business models. This 
has been a very acrimonious battle between these two very different 
groups of folks who haven't taken enough time to understand each other.
  Quite frankly, I came from the high-tech, high-growth model; but I've 
tried to come to understand this other defense-oriented, steady-state, 
many SBIR grants model.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. POLIS. I yield 1 additional minute to the gentleman from Oregon.

                              {time}  1115

  Mr. WU. What we have in the bill is a careful set of protections so 
that this is approved by many of the parties around the table, but 
evidently not all. We are going to permit majority venture capital 
ownership again to improve the quality of applicants so that we choose 
the proper technologies and the best technologies for both the public 
and the private sectors. There would be certain restrictions on VCs 
that are owned by large corporations, and no VC could control the board 
of any of these applicants.
  The provisions in the bill are carefully crafted. They are 
emphatically in the interests of the smallest investees, that is, those 
small companies that have to give away more of their equity to get a 
certain amount of money from a venture capitalist. Those are the 
companies that have been disqualified under the ALJ ruling, under the 
judge's ruling, and the historic norm from 1983 to 2002 will be 
partially restored by this bill.
  Ms. FOXX. Mr. Speaker, it is my understanding that this program has 
resulted in many good things happening in our country. We are now going 
to be spending this year $260.5 million on this program; however, I 
think that we need to call attention to the many ways that the 
Democrats are harming small businesses in our country.
  This is a small program, but what they are going to be doing, in 
terms of what we have understood from the Democrat health plan that is 
going to be introduced later this week, from press reports, is they are 
going to partially pay for it by imposing a surtax on individuals with 
incomes in excess of $250,000 a year. But because most small businesses 
do not pay corporate income taxes and, instead, pay taxes on small 
business income on their individual returns, small businesses are going 
to be particularly hard hit by this tax increase. While precise data is 
not currently available on the Democrat proposal, data is available on 
many small businesses that pay taxes at the top rate.
  I want to talk a little bit about that. We have the results of a 
survey that the National Federation of Independent Business has done. 
It shows that out of all small businesses, 6.4 percent of those with 
one to nine employees, 21 percent of those with 10 to 19 employees, and 
40 percent of those with 20 to 249 employees would be impacted by a tax 
increase on incomes above $250,000.
  So while the Democrats are giving to a small group of small 
businesses in this country through this program, they are going to be 
hurting many, many more small businesses. And this, I think, in some 
ways is a sop to our small business community when what Republicans 
want to do is help all of our small businesses, and we can do that by 
keeping our taxes lower instead of raising them on them.
  I would now like to yield 2 minutes to my colleague from Iowa (Mr. 
King).
  Mr. KING of Iowa. I thank the gentlelady from North Carolina for 
yielding and for managing this time.
  Initially I remarked that it is refreshing to at least hear from a 
Democrat or two who sound like they do believe and understand in 
business. That is refreshing. I would think that you would not be 
Democrats for that reason. I appreciate the dialogue, and I look 
forward to a lot more. Maybe we can get to the point on how this free 
market system really works.
  I'm curious about this metaphor, ``hockey puck growth curve.'' I'm 
looking forward to when the gentleman from Oregon can explain that. I 
think that is the ``Obama hockey puck growth curve,'' which is when you 
drop the hockey puck in the middle of the arena. That is what has 
happened with our growth curve since this stimulus package was passed, 
but I will let him explain that a little further on his own time.
  I wanted to raise the issue, Mr. Speaker, of two amendments that were 
refused by the Rules Committee that I offered in committee and in the 
full Small Business Committee. We should be about equal opportunity 
under the law and opportunities for everyone to succeed in this country 
in a free market economy; yet we have a situation where we are going to 
approve organizations to be helping out to advance the information and 
the grants would go to the organizations, and yet one of the 
organizations that could qualify is ACORN, which has produced over 
400,000 fraudulent voter registrations and admitted to that. They and/
or their employees are under investigation in 14 States. There is a 
clear consensus that they are an organization that has at least the 
image of a criminal organization, and there were investigations. We are 
in a situation where they are coming into the census as well, and this 
Congress can't have a voice on whether we are going to approve Federal 
taxpayer dollars that might go to ACORN? I just ask, eliminate ACORN 
from this. No. We can't have a vote on that on the floor of the House, 
according to the Rules Committee.
  By the way, we also have special preferences that are set up in this 
bill that I believe are unconstitutional, equal protection under the 
law. And these preferences go to either underserved organizations or 
disabled veterans or women or minorities. Now, if you're not a disabled 
veteran, the only way you qualify is as a woman or a minority----
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. FOXX. I yield the gentleman 30 additional seconds.
  Mr. KING of Iowa. I thank the gentlelady.
  Now, I would ask the indulgence of this body to think about what that 
means. When we have equal protection under the law, a Constitution that 
should protect us all equally, that is our guarantee, and yet we have 
legislation before this Congress that defines that it will go 
especially to women and minorities, and if you look at the

[[Page 17058]]

cross-section of American society, and it specifically, by definition, 
excludes white men, I think it is discriminatory. I think that we need 
to preserve these resources to go to disabled veterans and underserved 
areas. That was my amendment. It was turned down by the Rules 
Committee. And, by the way, the Chair declared my amendment to ACORN to 
be partisan.
  Mr. POLIS. To address the points of the gentlelady from North 
Carolina, when we are talking about this bill, we are talking about a 
pro business bill. There are no taxes in this bill. This is all 
budgeted for already in the budget that was passed.
  The Democrats have already delivered a number of tax cuts for small 
businesses. Tax cuts are certainly part of the solution. We have done 
that through the American Recovery and Reinvestment Act for small 
businesses. Soon we will be taking up health care, which will be a 
tremendous benefit to the small businesses of this country.
  This bill, H.R. 2965, which invests in small businesses, is supported 
by the Advanced Medical Technology Association, the Biotechnology 
Industry Association, the Medical Device Manufacturers Association, the 
National Venture Capital Association, and the U.S. Women's Chamber of 
Commerce. It is also supported by many of the patient advocacy groups 
who recognize that this type of investment will help cure the health 
concerns and address the health concerns of many American families. It 
is supported by the Cystic Fibrosis Foundation, the Parkinson's Action 
Network and the ALS Association.
  These are all critical reasons that, for American small business to 
create jobs and for the health of our population and the continued 
growth of our economy, we need to pass this rule and pass this bill.
  I would like to reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I find it interesting that my colleague from 
Colorado would be praising a budget that was passed earlier this year 
that has the seeds of the largest tax increase in the history of this 
country and will impact all small businesses adversely.
  I now would like to yield 3 minutes to my colleague from Georgia (Mr. 
Gingrey).
  Mr. GINGREY of Georgia. Mr. Speaker, I thank the gentlelady for 
yielding.
  With all due respect to my colleague from Oregon, my former chairman 
of the Subcommittee on Technology and Innovation, I do rise in 
opposition to this rule.
  I had an amendment that would have addressed my concerns. While I am 
generally supportive of the bill, I have some concerns relating to 
venture capital involvement, and unfortunately, the rule does not 
provide for any commonsense amendment offered by Members on both sides 
of the aisle that would address these concerns. The gentleman from 
Illinois (Mr. Manzullo) spoke just a few minutes ago, a former chairman 
of the Small Business Committee, about these same concerns.
  Venture capital helps small business entrepreneurs gain credibility 
on solid ideas that have the potential for commercialization. However, 
while venture capital serves as an important component in facilitating 
small business success, it must also be closely monitored and 
scrutinized. Because these grants are intended, Mr. Speaker, for small 
business research and development, we must ensure that venture capital 
does not represent a majority of the financial interest within the 
company of SBIR applicants.
  Existing law and regulation limits a single venture capital firm from 
owning 49 percent of the interests of the company applying for the 
grant. This bill leaves open the possibility that multiple venture 
capital firms could own the majority of the financial interests within 
the company. Anyone could own up to 30 percent, or they could own 90 
percent of the company. So I believe this goes against the spirit of 
the program, Mr. Speaker.
  The SBIR program is designed to provide assistance to a small 
business that may have an idea that can be considered a diamond in the 
rough without necessarily having financial backing to bankroll a 
promising idea. We had hearings on this issue, and venture capitalists 
came before us, and they were in the business of, it seemed to me, Mr. 
Speaker, with all due respect, of churning this program, and I just had 
great concerns about that. I think overall it is a good program.
  Mr. Polis, you can put me down as supporting the program with all 
those other organizations that you mentioned, but we should have 
improved this. We should have had better oversight on venture capital.
  Mr. POLIS. Mr. Speaker, again, there is no good economic reason to 
discriminate on the form of capital, the form of private investment 
that goes into companies. When you have a company that borrows, a 
company that has access to credit, one could argue if they are worth 
less than they borrowed, the bank owns 100 percent of the company, and 
yet that company could, in fact, be eligible for the SBIR grant. The 
control provisions are clear. The control of the company cannot reside 
with the venture capitalist. I think this is a very positive step 
towards the direction in making sure that, regardless of the source of 
capital of the company, we invest in the very best technologies, 
products and services for the American people.
  With that, I would like to yield 2\1/2\ minutes to the gentleman from 
Oklahoma (Mr. Boren).
  Mr. BOREN. I want to thank the chairwoman and ranking member of the 
Small Business Committee for bringing this legislation to the floor, 
and of course, I support the rule. The Small Business Innovation 
Research, SBIR, program, is an effort by Congress to increase the 
portion of Federal research and development dollars provided to small 
businesses.
  Noticing that small businesses were being crowded out of government 
R&D grants by large corporations, Congress established the SBIR 
program. This program guarantees small businesses a portion of the 
Federal Government's large R&D budget.
  Mr. Speaker, by any reasonable measure, the SBIR program has been a 
tremendous success, but some Members of Congress have raised concerns 
about how the funds are allocated. Critics have argued that certain 
business sectors receive too large a share of the available Federal R&D 
dollars and that certain demographics have little success obtaining any 
SBIR award money. This bill, brought to the floor by the Small Business 
Committee, makes a strong effort to address these issues. Found in the 
legislation are attempts to reach out to minority-owned businesses, 
businesses owned by women, and most importantly, veteran-owned 
businesses.
  It is with the same spirit that I ask the Small Business Committee to 
consider my language, which directs agencies with an SBIR program to 
make a concerted effort to reach out to Native American and tribally 
owned businesses. My State of Oklahoma is home to 38 federally 
recognized tribes, 17 of which reside in my district. It is my hope 
that my language, found in the manager's amendment, will make it easier 
for Native American-owned businesses to obtain these valuable SBIR 
awards.
  Again, I want to thank the chairwoman and ranking member of the Small 
Business Committee for accepting my proposal. I strongly urge my 
colleagues to support this legislation and the rule.
  Ms. FOXX. Mr. Speaker, we are not talking about taxes being in this 
bill. Many, as I have said, support this legislation. However, we do 
know that this is a drop in the bucket compared to the jobs that the 
Democrats are killing in this country right now, and I'm going to talk 
a little more about that later. But just the bill that passed just 
before we went home for the Independence Day break, the cap-and-tax 
bill, we know is going to eliminate between 1 and 7 million jobs in 
this country if it is enacted. So many, many more jobs are being killed 
by this Congress than are being created by this small bill.
  I would now like to yield 2 minutes to our colleague from New York 
(Mr. Lee)
  Mr. LEE of New York. I want to thank my friend for the time and to 
rise to strongly oppose the rule for H.R. 2965.

[[Page 17059]]

  Because I strongly support the SBIR and STTR programs, I tried to 
strengthen this legislation by offering a simple amendment that would 
help ensure their focus remains on their original mission, to support 
the true small businesses, the family-owned startups that rely on these 
programs as their main source of seed capital.
  Embedded in this legislation is an erroneous provision that makes 
venture capital-funded companies eligible to participate in these two 
critical grant programs.

                              {time}  1130

  This is a serious flaw. I have major concerns about the potential for 
highly organized and well-funded venture capital organizations to swamp 
the system and crowd out those small businesses, those small businesses 
that are creating the jobs in this country, from getting access to 
capital. Many of these small businesses reside in my district here in 
western New York, and there is such a hard time right now trying to 
stay afloat. This bill, now allowing venture capital to come in, is the 
wrong message.
  This sentiment has been echoed by members of my 26th District 
advisory board. One of the members wrote: ``It appears likely that the 
changes proposed in the bill will result in a distribution of dollars 
to areas that have a greater number of venture capital-backed 
companies, such as Massachusetts and California.''
  My amendment was not accepted, which is unfortunate, because just 
last year the Senate forged a sensible bipartisan compromise on this 
issue. Hopefully, they will play a similar role now given the House's 
failure to lead on this issue.
  Washington is simply not doing enough to support small businesses in 
these tough economic times. That's why I urge my colleagues to vote 
down this rule so we can craft a stronger bill.
  Mr. POLIS. Again, I think there is, from the other side of the aisle, 
somewhat of a misunderstanding with regard to what venture capital is. 
It's as valid a way to finance a company as anything else. It has 
nothing to do with whether the company is large or small.
  There are provisions in here, in the bill, that will require that the 
company is, in fact, a small company. Whether they receive their 
financing from a bank, from individual investors, from labor financing, 
which means people not taking a salary and kind of working for free or 
on spec, there is a variety of ways to finance companies. And it 
shouldn't be the business of the government to discriminate based on 
how a particular company chooses to finance itself.
  With that, I would like to yield 1\1/2\ minutes to the gentleman from 
Virginia (Mr. Perriello).
  Mr. PERRIELLO. Mr. Speaker, I rise in support of the Enhancing Small 
Business Research and Innovation Act. Small businesses drive economic 
growth and create over two-thirds of new jobs. They play a vital role 
in research and development of new technologies. Small businesses are 
at the cutting edge of the new clean energy economy.
  Before leaving for the 4th of July, we bravely passed an energy bill 
declaring our independence from oil executives and petro-dictators. As 
we return to do the people's business, we must pass legislation that 
will help our small businesses drive and promote the research in energy 
and alternative fuels.
  There are many businesses in my district leading the Nation on new 
technology, from the production of biodiesel at Red Birch in Henry or 
Windy Acres in Pennsylvania, to nanotechnology at Luna nanoWorks or 
NextGen Technology around Danville. We must ensure that our small 
businesses, the dynamic engine of our economy, are not left behind in 
the conduct of new breakthrough research.
  While I share concerns about opening the program up to venture 
capitalist firms, I urge my colleagues to support the small business 
owners over the petro-dictators. Vote for science. Vote for this bill.
  Ms. FOXX. Mr. Speaker, I would now like to yield 3 minutes to our 
distinguished colleague from Michigan (Mr. Ehlers).
  Mr. EHLERS. I thank the gentlelady for yielding.
  I am pleased that the bill before us today leaves the amount set 
aside for extramural research budgets of 2.5 percent for the SBIR and 
0.3 for the STTR programs and that it remains unchanged from the 
current law. Last year the House considered legislation which would 
have increased the set-asides for these programs. However, an amendment 
I offered at that time on the floor of the House to leave the set-
asides unchanged was voice-voted on the floor and approved.
  There is a good reason for this. If we do want to increase the amount 
of money going into the SBIR and STTR programs, the money should come 
from increasing the allocations to the basic research programs from 
which these particular programs receive a percentage. I believe that 
the amendment I offered last year proved to be noncontroversial because 
of the overwhelming support for increasing the funding for these 
important programs by increasing the overall research funding at the 
agencies. I understand, however, that the Senate version of this bill 
does not do that, but increases the set-aside.
  By increasing the set-aside, we will only eat away at the base 
funding for research available to our scientific agencies. I would much 
rather see us fight for overall extramural research funding increases, 
which will equivalently benefit the innovation and tech transfer 
activities of these programs. And I certainly hope that the House 
conferees will stand strong on this issue in conference with the 
Senate. The House has done the right thing, and we must support our 
conferees on that point.
  A coalition of more than 100 scientific and professional societies, 
universities and research institutions have written a letter of support 
for maintaining their current allocation levels, stating that an 
increase in set-asides ``would restrict competition for $1 billion in 
Federal research dollars when future funding levels are uncertain.''
  Another letter from the Association of American Universities asserts: 
``We believe there is no justification for such increases, especially 
as such increases would come at the expense of peer-reviewed basic and 
applied research programs.''
  I submit a copy of this letter and another similar one for the 
Record.

                                                     July 7, 2009.
     Re H.R. 2965, the Enhancing Small Business Research and 
         Innovation Act of 2009.

     Hon. Nydia Velazquez,
     Chairwoman, Small Business Committee, House of 
         Representatives, Washington, DC.
     Hon. Sam Graves,
     Ranking Member, Small Business Committee, House of 
         Representatives, Washington, DC.
     Hon. Bart Gordon,
     Chair, Committee on Science and Technology, House of 
         Representatives, Washington, DC.
     Hon. Ralph M. Hall,
     Ranking Member, Committee on Science and Technology, House of 
         Representatives, Washington, DC.
       Dear Chairwoman Velazquez, Chairman Gordon, Ranking Member 
     Graves and Ranking Member Hall: The undersigned, patient 
     advocacy organizations, scientific and professional 
     societies, higher education associations, and research 
     institutions, write to express our support for your efforts 
     to reauthorize the Small Business Innovation Research (SBIR) 
     at its current allocation level. We stand together in 
     opposition to a provision in the Senate SBIR/STTR 
     Reauthorization Act of 2009 (S. 1233) that would increase the 
     allocation for the Small Business Innovation Research (SBIR) 
     program from 2.5% to 3.5% of any federal agency budget that 
     provides more than $100 million for research. As the 
     legislative process moves forward, we urge the adoption of 
     the House version of this legislation for the reasons 
     described below.
       We recognize the benefits of the participation of small 
     businesses in scientific research. Unfortunately, the Senate 
     has proposed a mandatory increase in the SBIR allocation 
     across agencies that will necessarily result in funding cuts 
     for the peer-reviewed research conducted by other 
     organizations. This fundamental research creates the 
     discoveries that fuel innovation, improve quality of life and 
     contribute to our country's economic growth. Indeed, the 
     increase in the SBIR allocation proposed in S. 1233 would 
     restrict competition for $1 billion in federal research 
     dollars, during a time when future funding levels are 
     uncertain. Rather than increasing support for one type of 
     research at

[[Page 17060]]

     the expense of all others, we urge Congress to work with the 
     Obama Administration to increase funding for all research, 
     thereby increasing the total investment in SBIR.
       We applaud your hard work on this complex issue, and stand 
     ready to work with you to pass the Enhancing Small Business 
     Research and Innovation Act of 2009 (H.R. 2965).
           Sincerely,
       Ad Hoc Group for Medical Research.
       American Association for Dental Research (IADR).
       American Association for the Advancement of Science (AAAS).
       American Association of Anatomists (AAA).
       American Association of Colleges of Nursing (AACN).
       American Association of Colleges of Osteopathic Medicine 
     (AACOM).
       American Association of Colleges of Pharmacy (AACP).
       American College of Radiology (ACR).
       American Educational Research Association (AERA).
       American Gastroenterological Association (AGA).
       American Liver Foundation (ALF).
       American Mathematical Society (AMS).
       American Psychological Association (APA).
       American Society for Biochemistry & Molecular Biology 
     (ASBMB).
       American Society for Investigative Pathology (ASIP).
       American Society for Nutrition (ASN).
       American Society for Pharmacology & Experimental 
     Therapeutics (ASPET).
       American Society of Nephrology (ASN).
       American Statistical Association (ASA).
       Arizona State University.
       Association for Psychological Science (APS).
       Association for Research in Vision and Ophthalmology 
     (ARVO).
       Association of American Medical Colleges (AAMC).
       Association of American Universities (AAU).
       Association of Independent Research Institutes (AIRI).
       Association of Population Centers (APC).
       Association of Public and Land-grant Universities 
     (A.P.L.U.).
       Association of Schools of Public Health (ASPH).
       Biophysical Society (BPS).
       Boston University School of Medicine.
       California Institute of Technology.
       Case Western Reserve University.
       Cedars-Sinai Medical Center.
       Coalition for the Advancement of Health Through Behavioral 
     and Social Sciences.
       Research (CAHT-BSSR).
       Coalition for the Life Sciences (CLS).
       Coalition to Protect Research (CPR).
       Columbia University.
       Computing Research Association (CRA).
       Consortium of Social Science Associations (COSSA).
       Consortium of Universities for the Advancement of 
     Hydrologic Science, Inc. (CUAHSI).
       Council of Energy Research and Education Leaders (CEREL).
       Council of Environmental Deans and Directors.
       Duke University.
       Energy Sciences Coalition (ESC).
       Environmental Mutagen Society (EMS).
       Federation of American Societies for Experimental Biology 
     (FASEB).
       Federation of Behavioral, Psychological, and Cognitive 
     Sciences (FBPCS).
       Harvard University.
       Indiana University.
       Institute for the Advancement of Social Work Research 
     (IASWR).
       Ktech Corporation.
       Michigan State University.
       National Alliance for Eye and Vision Research (NAEVR).
       National Alliance on Mental Illness (NAMI).
       National Caucus of Basic Biomedical Science Chairs 
     (NCBBSC).
       National Council for Science and the Environment (NCSE).
       National Health Council.
       National Multiple Sclerosis Society.
       New York-Presbyterian Hospital.
       North Carolina State University.
       NYU Langone Medical Center.
       Ornithological Council.
       Population Association of America (PAA).
       Rutgers, The State University of New Jersey.
       Small Business California.
       Society for Industrial and Applied Mathematics (SIAM).
       Society for Neuroscience (SfN).
       Society for Research in Child Development (SRCD).
       Society for the Study of Reproduction (SSR).
       Stanford University.
       SUNY Upstate Medical University.
       Syracuse University.
       The American Association of Immunologists (AAI).
       The American Brain Coalition (ABC).
       The American Physiological Society (APS).
       The American Society for Cell Biology (ASCB).
       The American Society of Human Genetics (ASHG).
       The Council on Undergraduate Research (CUR).
       The Endocrine Society.
       The Ohio State University.
       The Teratology Society.
       Tulane University.
       University of Cincinnati.
       University of Maryland.
       University of Maryland School of Medicine.
       University of Miami.
       University of Minnesota Medical School.
       University of Rochester.
       University of Southern California.
       University of Texas Health Science Center.
       University of Vermont.
       University of Virginia.
       University of Washington.
       University of Wisconsin-Madison.
       Vanderbilt University.
       Washington University in St. Louis.
       Weill Cornell Medical College.
       Yale University School of Medicine.
                                  ____

                                                    Association of


                                        American Universities,

                                     Washington, DC, July 6, 2009.
     Hon. Adrian Smith,
     Ranking Member, Subcommittee on Technology and Innovation, 
         House Science and Technology Committee, Rayburn House 
         Office Building, Washington, DC.
       Dear Representative Smith: On behalf of the Association of 
     American Universities, I write today to express support for 
     reauthorization of the Small Business Innovative Research 
     (SBIR) programs with the inclusion of two key provisions 
     contained only in the House version of the bill, H.R. 2965, 
     the Enhancing Small Business Research and Innovation Act of 
     2009. These provisions would maintain the current Small 
     Business and Innovative Research set-aside at 2.5 percent and 
     increase the ability of firms with significant amounts of 
     venture capital to participate in the SBIR program. AAU does 
     not support S. 1233, legislation recently marked up by the 
     Senate Committee on Small Business and Entrepreneurship, 
     specifically because of language it includes on these two 
     aspects of this critically important legislation.
       AAU is the association of 60 leading U.S. public and 
     private research universities whose member institutions 
     perform roughly 60 percent of federally funded university-
     based research, and award more than half of all Ph.D. degrees 
     earned in our country. We strongly prefer H.R. 2965, as 
     currently drafted, over its Senate counterpart, S. 1233, for 
     two reasons. First, the House bill does not propose to 
     increase the SBIR percentage set-aside. Like the House, we 
     believe that there is no clear justification for such 
     increases; especially as such increases would come at the 
     expense of peer-reviewed basic and applied research programs 
     at agencies such as NIH and NSF. In our view, increasing the 
     set-aside would reduce even further the number of successful 
     research grants that are awarded by federal research 
     agencies.
       This is not to suggest that we do not favor increasing the 
     amount of funds going to SBIR and STTR. Our view is that the 
     best way to increase the amount of funding available to these 
     programs is to provide steady and sustained funding increases 
     for federally supported research. Indeed, we hope to work 
     with the small business community to increase research 
     budgets across all of the major research agencies, which 
     would result in significant funding increases for the SBIR 
     and STTR, as well as other important research programs.
       AAU also supports a second provision of H.R. 2965 that 
     allows firms with significant venture capital funding to 
     compete for SBIR and STTR awards. As you know, current Small 
     Business Administration (SBA) regulations effectively 
     disqualify small companies that have received significant 
     venture capital investment or are owned by another company 
     with significant venture capital investment from competing 
     for SBIR and STIR funds. As then-NIH Director Elias Zerhouni 
     said in a 2005 letter to the SBA, ``this rule dries up 
     Federal funding for early stage ideas from small companies 
     that, by attracting substantial [venture capital] funding 
     show strong signs of likely success.'' AAU shares the view of 
     the NRC that venture capital investment in companies seeking 
     SBIR funding confirms the quality of those projects and would 
     raise the quality of the applicant pool overall.
       AAU strongly supports reauthorization of the SBIR and STTR 
     programs and hopes that Congress will approve legislation 
     similar to that approved by the House. We agree with the 
     National Academies' assessment of these programs as being 
     ``sound in concept and effective in practice.'' Both programs 
     play an important role in the nation's overall innovation 
     ecosystem by transforming cutting-edge, innovative ideas and 
     research into viable, market-ready products for the American 
     consumer. We strongly oppose legislation such as S. 1233, 
     which increases the percentage of R&D funding set-aside for 
     SBIR at the expense of other equally important research. We 
     also favor increasing the ability of firms with significant 
     amount of venture capital to participate in the SBIR program.
           With best regards,
                                                Robert M. Berdahl,
                                                        President.


[[Page 17061]]


  It is my hope that the House conferees will support SBIR and STTR 
growth through overall funding increases for our innovation agencies, 
instead of considering increasing the set-asides. In other words, the 
House today is taking the right action, precisely as they did last 
year.
  It is extremely important for us to stand together when dealing with 
the Senate conferees and insist on taking this approach. This is a much 
better approach to take, and I congratulate the House committee on 
dealing with it in this way.
  Mr. POLIS. Mr. Speaker, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, we have had, I think, a very good debate on 
this rule. We have explained why the rule should not be approved.
  Very, very good amendments which were offered to this rule were not 
accepted. Amendments to the bill were not accepted, and we should be 
dealing with those amendments. We want to make sure that the money that 
is going to help small businesses in this country is being used as 
wisely as it can be. We know right now that the American people are 
hurting and continuing to lose jobs.
  The impact of the policies of this administration and the 
Democratically controlled Congress have been devastating, not only to 
large but also to small businesses. The Obama administration and 
congressional Democrats promised us earlier this year that their 
trillion-dollar stimulus would create jobs immediately and unemployment 
would not rise above 8 percent. In June alone, almost half a million 
jobs were lost, driving unemployment to 9.5 percent, it's highest level 
in almost 3 decades.
  It's clear that the Democrats' trillion-dollar stimulus bill isn't 
working.
  Every American has the right to ask where are the jobs that were 
promised by them. Every American has to ask on every piece of policy 
that we pass here, how is it going to impact jobs? How is it going to 
impact me as an American?
  Small businesses particularly have a concern about this. We have been 
spending hours and hours and hours doing things like honoring sports 
teams and athletes for their achievements. We have honored people 
retiring from their jobs, universities on various anniversaries and 
other items that are not critical to the operations of our government.
  We want to acknowledge the achievements of all of these people and 
all of these groups, but what we should be doing is spending time 
talking about what we need to be doing to bring back this economy.
  But the Democrats constantly say they have the schedule, they have to 
adhere to it, and as a result of it, they have to limit the amendments 
that can be offered on the floor to these important bills.
  Those are not very good excuses while the American people, I think, 
are hurting. They, again, have the right to ask where are the jobs that 
were promised, what is happening to this economy?
  The American people also know we cannot tax and spend and bail our 
way back to a growing economy. The Democrats in this body are on the 
side of more government and more taxes. Small businesses, not 
government, are the engine of our economy.
  House Republicans are on the side of the American people, and what we 
want to do is focus on small businesses to help put America back to 
work. We know that the health care bill that's going to come forward, 
we believe, later this week or next week, will have lots of tax 
increases in it that are going to finance their health, quote, reform 
proposal.
  However, what it's going to do is have a negative impact on small 
businesses. As I mentioned earlier, the cap-and-tax bill, which passed 
here 10 days ago, will eliminate between 1 million and 7 million jobs 
in this country if it is enacted.
  So while there is this small sop to small businesses and to the 
American people in the form of this bill, I am going to urge my 
colleagues to vote ``no'' on the rule for H.R. 2965, Enhancing Small 
Business Research and Innovation Act, because we can be doing better 
for the American people and particularly better for small businesses.
  Mr. Speaker, I yield back the balance of my time.
  Mr. POLIS. Mr. Speaker, if small businesses are the engine that 
drives our economy, then investment is the fuel. By ensuring that a 
portion of Federal research dollars are invested in small businesses, 
SBIR and STTR are fueling job creation and technological innovation. 
Since 1992, SBIR has issued 65,000 grants to small companies that are 
engaged in cutting-edge research to cure diseases, strengthen our 
national defense, and reduce our dependence on foreign energy sources.
  This Congress has been tasked with helping American families keep 
their jobs through the worst economic downturn since the Great 
Depression. We now have an unemployment rate of 9.5 percent. While 
there has been disagreement and spirited debate on the best 
prescription to get our economy moving again, we are fortunate that we 
have in place programs that are time tested. Every year the SBIR 
program invests $2.2 billion in small businesses, helping 1,500 new 
firms get off the ground.
  Mr. Speaker, I speak on behalf of Tech-X in Boulder; Coherent 
Technologies in Louisville; Community Power Corporation in Littleton; 
NavSys in Colorado Springs; and the many other small businesses which 
have benefited from the SBIR in my State of Colorado and across the 
country.
  Again, I commend the Members and staff who have worked diligently to 
bring this bipartisan bill to the floor.
  Mr. Speaker, as I said before and will continue to say, so much of 
our work thus far in Congress has moved us in the direction of creating 
more jobs. Whether it was passing the budget or work on health care, 
clean energy, education, the Recovery Act, the Green Schools bill, and 
even the Water Quality Investment Act created jobs. This bill is just 
another step on the road to recovery.
  I urge a ``yes'' vote on the previous question and on the rule.
  I yield back the balance of my time, and I move the previous question 
on the resolution.
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. FOXX. Mr. 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, this 15-
minute vote on adoption of House Resolution 610 will be followed by 5-
minute votes on motion to suspend the rules on H.R. 1275, if ordered, 
and motion to suspend the rules on H.R. 1945, if ordered.
  The vote was taken by electronic device, and there were--yeas 236, 
nays 187, not voting 9, as follows:

                             [Roll No. 480]

                               YEAS--236

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)

[[Page 17062]]


     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--187

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

                             NOT VOTING--9

     Andrews
     Barrett (SC)
     Broun (GA)
     Cardoza
     Ellsworth
     Griffith
     Hensarling
     Miller (NC)
     Sestak

                              {time}  1209

  Messrs. SHUSTER, ROONEY, KLEIN of Florida and Mrs. BONO MACK changed 
their vote from ``yea'' to ``nay.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




              UTAH RECREATIONAL LAND EXCHANGE ACT OF 2009

  The SPEAKER pro tempore. The unfinished business is the question on 
suspending the rules and passing the bill, H.R. 1275, as amended.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1275, 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.


                             Recorded Vote

  Mr. PERLMUTTER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 423, 
noes 0, not voting 9, as follows:

                             [Roll No. 481]

                               AYES--423

     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
     Biggert
     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, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     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
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     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)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shea-Porter
     Sherman
     Shimkus

[[Page 17063]]


     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Barrett (SC)
     Broun (GA)
     Butterfield
     Cardoza
     Dingell
     Ellsworth
     Hensarling
     Melancon
     Sestak

                              {time}  1218

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

                          ____________________




                 TULE RIVER TRIBE WATER DEVELOPMENT ACT

  The SPEAKER pro tempore. The unfinished business is the question on 
suspending the rules and passing the bill, H.R. 1945.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1945.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.


                             Recorded Vote

  Mr. HASTINGS of Florida. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 417, 
noes 3, not voting 12, as follows:

                             [Roll No. 482]

                               AYES--417

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     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, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     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)
     Rohrabacher
     Rooney
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--3

     Coble
     Paul
     Sensenbrenner

                             NOT VOTING--12

     Abercrombie
     Broun (GA)
     Cardoza
     Coffman (CO)
     Diaz-Balart, M.
     Dingell
     Ellsworth
     Hensarling
     Lee (NY)
     Ros-Lehtinen
     Sestak
     Shuster

                              {time}  1227

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

                          ____________________




                             GENERAL LEAVE

  Ms. VELAZQUEZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill, H.R. 2965.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.

                          ____________________




      ENHANCING SMALL BUSINESS RESEARCH AND INNOVATION ACT OF 2009

  The SPEAKER pro tempore. Pursuant to House Resolution 610 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 2965.

                              {time}  1228


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 2965) to amend the Small Business Act with respect to the Small 
Business Innovation Research Program and the Small Business Technology 
Transfer Program, and for other purposes, with Mr. Ross in the chair.
  The Clerk read the title of the bill.

[[Page 17064]]

  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  General debate shall not exceed 1 hour, with 40 minutes equally 
divided and controlled by the Chair and ranking minority member of the 
Committee on Small Business and 20 minutes equally divided and 
controlled by the Chair and ranking minority member of the Committee on 
Science and Technology.
  The gentlewoman from New York (Ms. Velazquez) and the gentleman from 
Missouri (Mr. Graves) each will control 20 minutes, the gentleman from 
Tennessee (Mr. Gordon) and the gentleman from Nebraska (Mr. Smith) each 
will control 10 minutes.
  The Chair recognizes the gentlewoman from New York.

                              {time}  1230

  Ms. VELAZQUEZ. I rise in support of H.R. 2965, updating and enhancing 
the Small Business Administration's Small Business Innovation Research 
and Small Business Technology Transfer programs.
  Mr. Chairman, I yield myself such time as I may consume. I rise in 
support of H.R. 2965, which will reauthorize and improve the SBA's SBIR 
and STTR programs. This bill has strong bipartisan support and would 
work to invest in entrepreneurial innovation and job growth.
  While our economy is recovering, it still has a ways to go. Even now, 
we need to be focused on putting Americans back to work. We need growth 
that is lasting and industries that are sustainable. We need jobs that 
cannot be shipped overseas and will not evaporate in the next cycle of 
boom and bust. But those jobs aren't going to appear out of thin air. 
They need to be created. By expanding existing industries and unlocking 
new ones, H.R. 2965 will generate the jobs we need.
  The SBIR and STTR programs are vital to small business growth. Year 
after year, they help jump-start 1,500 new companies. At the very 
least, that is 1,500 new employers. Over time, that is millions and 
millions of direct and indirect positions. But while these initiatives 
are crucial, they're not living up to their full potential. Through 
H.R. 2965, we can improve SBIR and STTR so they are running at maximum 
capacity.
  Job creation, Mr. Chairman, is the primary goal of R&D. But in order 
to generate new positions, we have to first develop new industries. 
Commercialization is critical to that process. But, unfortunately, most 
research never makes it to the market.
  To address that issue, we are creating commercialization benchmarks. 
We're also encouraging conversations between SBIR officers and 
purchasing agents. Ultimately, those dialogs will enhance the flow of 
information between buyers and sellers, helping more ideas move from 
the drawing board to the marketplace.
  When all is said and done, commercialization means more than new 
products--it means new jobs. Once a product hits the mainstream, it 
opens up a world of opportunity in a wide range of industries, from 
retail to manufacturing. By stimulating these sectors, we can help our 
economy on its route to recovery.
  Even as our economy rebounds, small firms struggle to find funding--
particularly equity investment. Just a year ago, venture capital firms 
drove $5.7 billion into small companies. Today, we have seen almost a 
50 percent decline. In terms of what that means for the economy, there 
are now $3.7 billion fewer dollars to help our small businesses create 
jobs. The programs' current regulations only compound those challenges.
  By shutting venture capital out of SBIR and STTR, we are blocking 
billions of dollars to create jobs and limiting our ability to 
innovate. What are we supposed to say to a venture-backed firm that is 
researching cures for pancreatic cancer? Are we supposed to shake our 
heads and say, Sorry, you've done some promising research, but we just 
can't help you find a cure?
  Mr. Chairman, this program is better than that. That is why H.R. 2965 
gives small firms--not Washington bureaucrats--the final say in how 
their firms are financed.
  This bill provides for the reasonable use of venture capital, while 
maintaining important safeguards. Make no mistake, SBIR and STTR are--
and forever will be--small business programs. This provision doesn't 
change that. What it does do is give small firms the funding they need 
to develop new products.
  Even with the necessary capital, small firms struggle to see R&D from 
start to finish. That is because it is a complex process. Measures to 
block funding delays and increase efficiency will streamline R&D, 
helping more products make it out of the laboratory and into the 
marketplace. Meanwhile, we're going to broaden the scope of American 
innovation.
  Silicon Valley doesn't hold a franchise on innovation, which is why 
H.R. 2965 reaches out to underserved rural areas. Through cutting edge 
technology and grassroots marketing, it also seeks to bring women, 
minorities, and veterans into the SBIR and STTR programs.
  Innovation is the first stop on the path to prosperity. By enhancing 
and expanding SBIR and STTR, we can encourage small business growth in 
all parts of the country. In doing so, we will help our small firms to 
grow, innovate, and--most importantly--create homegrown jobs.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GRAVES. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in support of H.R. 2965, the Enhancing Small 
Business Research and Innovation Act of 2009. Innovation happens every 
day. Whether it is a new development in the fight for cancer or a new 
computer system designed to protect our soldiers, more and more good 
ideas are coming from America's small businesses.
  The Small Business Innovation Research, the SBIR, and the Small 
Business Technology Transfer, the STTR, programs help to take ideas and 
turn them into practical products. By all accounts, the SBIR and STTR 
programs are highly successful Federal initiatives designed to 
encourage economic growth and innovation within the small business 
community.
  Created in 1982, the SBIR program offers competition-based awards to 
stimulate technological innovation among small private-sector 
businesses while providing government agencies with new, cost-effective 
solutions to meet their needs. This program is not only critical to the 
unique needs of each of the participating Federal agencies, but also to 
our national economy.
  Small businesses invigorate the U.S. economy by introducing new 
products and lower cost methods of doing business, sometimes with 
substantial economic benefits. They play a key role in introducing new 
technologies to the market, often responding quickly to new market 
opportunities.
  Our committee worked in a bipartisan manner to produce this 
legislation. We held several hearings on this topic over the last few 
months, inviting the Small Business Administration, SBIR and STTR 
program managers from Federal agencies, various small businesses, and 
academics to discuss the program successes and to consider amendments 
that would improve them. I'm happy to say that many of the ideas that 
were presented to the committee have found a way into this legislation.
  For example, the topic that dominated much of the discussion at our 
hearings was the appropriate level of venture capital involvement in 
the SBIR program. Unfortunately, there have been several misconceptions 
stated about this provision in the bill.
  In 2003, the Small Business Administration reversed a 20-year-old 
policy by ruling that small businesses that are majority-owned by 
venture capital companies can no longer compete for grants under the 
SBIR program, regardless of how few employees companies have. As a 
result, this has jeopardized the development of innovative treatments, 
therapies, and technologies.
  The goal of our proposal is to ensure that America's small businesses 
continue to be the world's leader in innovative research and 
development and

[[Page 17065]]

to provide the best small companies with the greatest commercialization 
potential access to SBIR and STTR programs.
  In addition, access to capital is a real concern for small businesses 
across all industries, and our provision provides small businesses 
another path to acquire the capital they need to be successful.
  It is also important to keep in mind that these programs will remain 
open for competition among all small businesses, and Federal agencies 
will choose the best small business to win the award.
  H.R. 2965 contains significant and dedicated safeguards to ensure 
that the SBIR program remains a small business program. It forbids a 
small business with one venture capital firm having over 50 percent 
ownership from qualifying for that small business award. The bill also 
has safeguards to prohibit large companies from taking control of the 
small business and receiving small business grants.
  The legislation also bans a business whose board's majority is from a 
venture capital firm from participation in the program. Finally, 
because venture capital investments are often done as a group to reduce 
risk, the bill strictly limits the amount of participation of venture 
capital firms that are themselves owned by a business of over 500 
employees.
  Our comprehensive bill also takes significant strides to bring the 
programs into the 21st century by increasing the award sizes, enhancing 
data collection and reporting requirements for better oversight, and 
providing Federal agencies with the mechanism by which they can meet 
and share best practices.
  Mr. Chairman, I urge my colleagues to support this bipartisan 
legislation.
  I reserve the balance of my time.
  Mr. WU. I yield myself such time as I may consume. In today's 
economy, small business is where innovation happens. The Science and 
Technology Committee intends to promote science and technology research 
that drives an innovation economy. That is why I rise in support of 
H.R. 2965, the Enhancing Small Business Research and Innovation Act.
  At more than $2.3 billion per year, the Small Business Innovation and 
Research and Small Business Technology Transfer programs comprise the 
largest source of Federal support for technological innovation in the 
private sector. Given the current economic climate, we need robust SBIR 
and STTR programs to create the next generation of companies that will 
provide high-paying jobs and grow our economy.
  However, these programs originated more than 25 years ago. Given the 
economic changes we have seen during the past two decades, we need to 
update these programs to reflect the current economic realities of our 
increasingly competitive innovation economy.
  The Committee on Small Business and the Committee on Science and 
Technology have held numerous hearings on SBIR and STTR over the past 
several years. Witnesses shared many recommendations about how SBIR and 
STTR can be strengthened.
  Recently, both committees overwhelmingly supported H.R. 2965, with 
each committee voting favorably to reauthorize SBIR and STTR through 
2011 with some much needed modernization and changes.
  The legislation has been endorsed by more than 100 organizations, 
including the American Association of Universities, BIO, the National 
Venture Capital Association, the Energy Sciences Coalition, and the 
Cystic Fibrosis Foundation.
  The bill increases the award sizes for phase 1 and phase II to 
reflect the actual cost of doing high-tech research today. It also 
increases the flexibility of the SBIR by allowing cross-agency awards 
and allowing applicants to apply directly for phase II funding.
  H.R. 2965 allows venture capital-backed small businesses to once 
again apply for awards and specifically defines their eligibility 
requirements. This temporary ban on venture capital majority ownership 
was the result of a ruling in 2003 by an administrative law judge in 
Boston.
  For 20 years--from the inception of the program in 1983--to 2003, 
venture capital-funded companies could freely participate in these 
programs. There is no evidence, there is no evidence anywhere, that 
during that time there was any crowd-out of other businesses by VC-
backed businesses.
  There has been a lot of debate over the role of venture capital 
participation, but the National Academies recently released a report 
that states that venture-backed companies are important. They 
contribute greatly to technologic development and they do not--
emphatically, do not--crowd out other small businesses.
  The goal of SBIR is to encourage innovation. It is time that we fix 
the administrative ruling of a single judge and support more innovative 
small businesses and the best technology that we can help bring to 
market.
  Today, we recognize our leadership by reauthorizing SBIR and STTR. I 
want to commend Chairwoman Velazquez in particular for her commitment 
to small business innovation. I urge my colleagues to support this 
bill.
  I reserve the balance of my time.
  Mr. SMITH of Nebraska. I yield myself as much time as I may consume.
  I'm pleased to rise today in support of H.R. 2965, the Enhancing 
Small Business Innovation Act of 2009. As the country continues to 
suffer through this deep economic recession, we have regular debates in 
this House and in Washington regarding what policies will best help to 
alleviate the current downturn and accelerate recovery.
  All too often in these debates it seems there is a tendency to 
overlook an important fundamental fact: The government does not create 
wealth and prosperity. It is created, rather, in the private sector, by 
risk-taking, entrepreneurial Americans with ideas and capital, and 
their own hard work. There is arguably no element of the private sector 
better equipped to drive the economic turnaround than America's high-
tech small businesses.

                              {time}  1245

  To this end, there are ways the government can help turn our economy 
around, by minimizing its interference in the economy and fostering an 
environment where private sector innovators can flourish and their 
ideas can be developed into new goods and services which increase 
productivity and our quality of life. By providing small amounts of 
early-stage seed funding to entrepreneurs with cutting-edge ideas, the 
Small Business Innovative Research program and Small Business 
Technology Transfer program can help do that. With 12 participating 
agencies and total funding in excess of $2.3 billion, the SBIR and STTR 
programs reauthorized in this bill serve to facilitate increased 
private sector commercialization of these promising ideas while helping 
the government advance its R&D goals and meet its technology needs.
  The legislation before us today makes important improvements to this 
program, most notably by providing statutory clarity to what have been 
changing interpretations of the eligibility of majority venture 
capital-backed small businesses. Both the Science and Technology 
Committee and the Small Business Committee have considered this issue 
in detail in recent years, and I think the growing consensus in support 
of this legislation's proposed changes is a strong indication that they 
are on target, maximizing the eligibility of legitimate small 
businesses while minimizing inappropriate eligibility of large 
businesses.
  I also want to note my strong support for title III of this bill, 
which includes amendment language I included in a similar version of 
this legislation last year. The language requires agencies to give 
priority consideration to applicants from rural areas so as to increase 
award recipients from these areas. This is important to reach areas 
such as my home State of Nebraska, which tends to have low 
participation in the programs but are, nonetheless, home to 
entrepreneurial and innovative small business owners who would benefit 
from consideration in the grant review and award process.

[[Page 17066]]

  I want to commend Chairman Gordon, Ranking Member Hall and Chairman 
Wu--as well as our colleagues on the Small Business Committee--for 
their work on this legislation. I look forward to working with them to 
ensure smooth and timely passage of this bill as it moves to the Senate 
and into conference.
  I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I yield 3 minutes to the Chair of the 
Subcommittee on Contracting and Technology who moved this legislation 
through the subcommittee, the gentleman from Virginia (Mr. Nye).
  Mr. NYE. I would like to thank Chairwoman Velazquez for her 
leadership here and also Ranking Member Graves.
  Mr. Chair, as chairman of the Small Business Subcommittee on 
Contracting and Technology, together with Ranking Member Schock, I've 
held several hearings to discuss how we can do more to help our small 
businesses research and develop the technologies of tomorrow. From 
those hearings two things became absolutely clear. Small businesses are 
the single most innovative sector of our economy; and with the right 
support, they have the power to lead us out of this recession. SBIR is 
a vital program that limits the risk that small business innovators 
face. The SBIR program is critical to innovative technology created by 
small businesses. Each year the program helps 1,500 companies get off 
the ground. Startups that receive SBIR grants are productive job 
creators. In fact, the employment growth rate for these businesses is 
nearly four times that of larger firms, employing 40 percent of all 
high-tech workers.
  These firms have triggered extraordinary achievements. Take, for 
example, night vision goggles or technology for unmanned aviation. In 
fact, the SBIR program is crucial to improving tools that support our 
national security. At $1.23 billion, the DOD makes up more than half of 
all SBIR funding. Were it not for SBIR, critical breakthroughs 
accounting for improvements of technologies from our defense to health 
care may have never made it to market. And yet countless other new 
technologies don't make it past the laboratory doors. Innovation is a 
risky, resource-intensive process. Without proper funding, even the 
most brilliant invention may never make it.
  Mr. Chair, SBIR and STTR are important tools for developing new 
products but not just as a means for invention. By sparking innovation, 
they mark the surest path to unlocking new markets, expanding new 
industries and, most importantly, creating new jobs. This bill is an 
important step towards lasting growth, and I look forward to its 
passage.
  Mr. GRAVES. Mr. Chairman, I yield 5 minutes to the ranking member of 
the Contracting and Technology Subcommittee, the gentleman from 
Illinois (Mr. Schock).
  Mr. SCHOCK. Mr. Chair, I rise today in support of H.R. 2965, the 
Enhancing Small Business Research and Innovation Act of 2009. This bill 
incorporates the important language of legislation that I introduced in 
H.R. 2772, the SBIR and STTR Enhancement Act. I would like to thank 
first Chairwoman Velazquez, Ranking Member Graves and Mr. Altmire for 
working to move this important piece of legislation forward and doing 
so in such a bipartisan way. I also want to thank my colleague 
Congressman Nye for his work with me on the subcommittee level to 
ensure that the process of modernizing the Small Business Innovation 
Research program was done in an effective, efficient and bipartisan 
fashion with the input from those who are most important, that is, the 
small business sector who utilizes this important program.
  The Small Business Innovation Research, or SBIR program, as we refer 
to it, was established over 20 years ago and is an important resource 
in assisting small business owners wishing to bring their technological 
advancements to the marketplace. While small business owners represent 
some of the brightest innovators our country has, because of the high 
cost of doing technological research for the government, small 
businesses are, unfortunately, often underrepresented in receiving such 
research-intensive government contracts. When the Federal Government 
looks to the private sector for the development of new technologies and 
ideas, they must look beyond simply large corporate conglomerates to 
the small businesses that truly drive our economy and create American 
jobs.
  I am encouraged that this legislation and the language contained in 
it will make a number of necessary and overdue changes to the SBIR 
program, ensuring its continued use to help in the commercialization of 
those innovations made by small businesses. Additionally, this language 
will equip the SBIR program with important new tools to bring it more 
in line with the needs of small business owners in the 21st century. 
Included are important provisions to allow for increased oversight, 
more transparency and greater flow of information between the recipient 
and participating agencies. We will now have more timely solicitation 
responses from these agencies, the creation of an online database to 
properly study and measure the performance of businesses participating 
in the program and new restrictions regarding potential program 
abusers. These changes will help SBIR continue to be one of the few 
government assistance programs which actually works.
  Finally, by responsively increasing the grant limits, which have not 
been altered in over 20 years since the program's inception while 
simultaneously not increasing the total funding pool, we ensure that 
this program is streamlined to become more effective and efficient, to 
focus on granting funds to those potentially successful ideas that need 
this type of support to transition from concept to reality. Rather than 
throwing more taxpayer money at an unnecessarily large amount of 
grants, the SBIR program will now focus on investing in those ideas 
from small businesses which actually possess the potential to reach 
full commercialization phase.
  Today this House will make these important changes to the SBIR 
program to ensure its continued use as a resource, which helps small 
businesses bring their new and novel ideas to the market while also 
providing a value to our economy, which we all know it so desperately 
needs. Knowing that over 60 percent of American citizens get their 
paycheck from a small business, it only seems right in these tough 
economic times that we focus on beefing up those support efforts here 
in the Federal Government to help the largest employers in our country, 
small businesses. I urge a ``yes'' vote and passage of this bill.
  Mr. WU. Mr. Chairman, I yield 2 minutes to the gentleman from New 
York (Mr. Tonko), a leader in energy innovation.
  Mr. TONKO. I thank the gentleman for yielding.
  Mr. Chair, as you know, small businesses are the engine that will 
repower America's economy. Research and innovation in the small 
business venue have greatly contributed to advances in science and 
technology across the board. In fact, the city of Schenectady in my 
congressional district, the ninth largest city in New York State, was 
nicknamed ``The Electric City'' after Thomas Edison moved his company 
Edison Machine Works there in 1887, which was later followed by the 
opening of GE headquarters in 1892.
  Today we are considering H.R. 2965, the Enhancing Small Business 
Research and Innovation Act of 2009. I rise in full support of H.R. 
2965. This program has proven to be one of the most successful Federal 
programs for technological innovation in United States history, 
delivering more than 60,000 patents and hundreds of valuable 
innovations in agriculture, in defense, in energy, in health sciences, 
homeland security, space, transportation and other fields.
  Through Phase I and Phase II SBIR, countless jobs have been created 
in the capital region of New York State. It is through programs such as 
SBIR that my district has developed the underpinnings of support for a 
boom in high technology innovation and economic development. In fact, 
just over a month ago a constituent of mine, Dr. James Woo of 
Interscience, Inc. in

[[Page 17067]]

Troy, New York, was at a national conference in Virginia. This 
conference was to showcase Navy SBIR Phase II projects to program 
managers and large defense contractors for transition. A great majority 
in attendance supported protecting the small business opportunities 
that have been part of this program. The reason is because small, 
innovative companies should have a genuine place at the Federal table. 
This place is for backyard inventors and local contractors, for small 
and very small businesses where the research is not likely a 
breakthrough in technology but a breakout of implementation.
  At a time when our national unemployment is at 9.5 percent, we should 
do everything in our power to strengthen small businesses that generate 
70 percent of new jobs in our country. It is important that we continue 
to favor small, innovative businesses.
  There's simply no more effective way to boost our economy than to 
support the small business innovation that creates new jobs, new 
technologies and new American industries.
  If the tavern was the cradle of democracy, then the garage is the 
cradle of enterprise.
  Mr. SMITH of Nebraska. I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I yield 4 minutes to the bill's sponsor, 
the gentleman from Pennsylvania, Mr. Jason Altmire.
  Mr. ALTMIRE. Mr. Chair, some of these innovative small businesses 
that are involved in this bill used to qualify for venture capital 
funding under the previous rulings that were in effect until the year 
2003. I introduced the Enhancing Small Business Innovation and Research 
Act to modernize the key programs for this country's greatest 
innovators, America's small businesses.
  Since its inception in 1983, the SBIR program has facilitated 
American competitiveness, providing quality research and spurring 
technological innovation. But technology has changed since the last 
reauthorization more than a decade ago, and my legislation reauthorizes 
the program to keep up with the needs of modern small businesses. 
Additionally, this bill expands the talent pool from which the programs 
can draw by broadening the types of businesses that can participate to 
a more diverse set of firms and making SBIR research available to all 
areas of the country, even those not traditionally considered to be 
hotbeds of R&D.
  Under this bill, Federal funding for technology innovation will be 
focused on supporting the work most likely to develop new products by 
targeting resources towards small businesses with the highest 
likelihood of commercialization. Perhaps most important, this bill 
helps firms participating in the SBIR programs to attract private 
investment. As we respond to the recession, SBIR and the Small Business 
Technology Transfer programs are two critical tools that provide 
valuable seed money for entrepreneurs who are willing to explore 
untested concepts and develop new products. Today it is difficult for 
small businesses to access financing by any means, venture capital or 
otherwise. We should be helping small firms raise capital, not 
penalizing those that do.
  In my home region of western Pennsylvania, venture capital 
investments have spurred a resurgence of life science and biotech 
startups. Some of these innovative small businesses have even partnered 
with businesses in Cleveland, Ohio, to promote private investment and 
growth. And now more than 80 venture capital funds have invested in 
dozens of health care enterprises throughout this tech belt region. 
Allowing these cutting-edge firms to compete for SBIR grants will 
foster innovation and accelerate job growth.
  Small businesses are our Nation's greatest innovators. I ask my 
colleagues to support the small businesses in their districts by 
supporting this bill.

                              {time}  1300

  Mr. GRAVES. Mr. Chairman, at this time, I reserve the balance of my 
time. I don't have any more speakers.
  Mr. WU. Mr. Chairman, I would like to inquire how much time remains.
  The CHAIR. The gentleman from Oregon has 4\1/2\ minutes remaining.
  Mr. WU. Mr. Chairman, I recognize the Chair of the Investigations and 
Oversight Subcommittee, Mr. Miller, the gentleman from North Carolina, 
for 2 minutes.
  Mr. MILLER of North Carolina. I also rise to support this 
legislation. Others have spoken generally of the agility and the energy 
that small business innovation gives our economy and how SBIR and STTR 
contribute to that.
  I want to talk about two companies in my district that have gotten 
SBIR and STTR grants. The first is Geophex, which got an SBIR grant 
from NASA in 2000 to develop a sensor to detect electromagnetic changes 
beneath the surface within 30 feet. NASA wants that technology so they 
can tell whether there is water beneath the surface of Mars, and that 
is reason enough to develop the technology. Geophex has found many 
commercial applications. They are using that technology now to 
determine if there is water beneath the surface of Earth. The 
Department of Defense is using that technology to detect landmines and 
mines in water. Construction companies are using the technology to 
detect buried cables, sewer lines and waterlines.
  The second company is 3 Phoenix, which I visited recently. They are 
also developing a sensor technology, almost all of which initially is 
for military applications. They are, for instance, developing a sensor 
that can detect a periscope peaking up above the surface of the water 
from 30 miles away. The Navy really wants that technology, and 3 
Phoenix has gotten a little more than $800,000 in several grants under 
SBIR so far. They already have contracts that will add up to almost $9 
million in billings. They have just begun to scratch the surface of the 
commercial applications.
  If you have got a sensor that can spot a periscope 30 miles away, it 
is a snap to develop a sensor using the same technology to tell if 
there is a car in a parking space. They are now working to develop the 
technology that will tell drivers in a downtown where the closest empty 
parking space is. The potential that holds for relieving traffic 
congestion is enormous. It will save energy. It will save emissions. It 
will save frustration. Support this bill.
  Mr. GRAVES. I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I yield 4 minutes to the gentlewoman 
from Illinois, Mrs. Halvorson, who authored several of the provisions 
of this bill.
  Mrs. HALVORSON. Mr. Chair, I rise today in support of H.R. 2965, the 
Enhancing Small Business Research and Innovation Act. I want to thank 
Chairwoman Velazquez, Ranking Member Graves, and Mr. Altmire for their 
leadership on this important piece of legislation.
  I am proud to be an original cosponsor of this bill, which includes 
language from legislation I introduced, H.R. 2747, the Rural Technology 
Development and Outreach Act. For nearly three decades, the Small 
Business Innovation Research program has sought to increase Federal 
funding for innovative small businesses that seek to develop new 
technology with commercial potential. Without funding assistance from 
SBIR, many small businesses would never have the opportunity to develop 
their research into products that can be brought to market.
  Over the years, SBIR has helped build thousands of small startups 
into successful companies. Unfortunately, SBIR awards are often 
concentrated in a small number of States or regions. There are 
promising small firms that don't apply for SBIR because they are 
unaware of the programs and its benefits. Many of these firms are 
located in rural communities and other underserved areas.
  Today, families living in rural communities throughout the country 
are struggling. Too many of these rural communities face a tremendous 
shortage of economic opportunities. As a result, unemployment has 
skyrocketed. In many communities in my district, the unemployment rate 
has reached 13 percent. The lack of economic development forces many 
talented individuals

[[Page 17068]]

to leave their community to seek out opportunities elsewhere.
  Title III of H.R. 2965 includes language from my bill, the Rural 
Technology Development Outreach Act, that will seek to increase SBIR 
participation by small firms in rural areas, as well as by firms owned 
by women, minorities and veterans. H.R. 2965 will provide grant funding 
to organizations that conduct outreach regarding SBIR to these types of 
small businesses.
  While small business growth is important in any community, it is 
especially critical in rural and underserved areas. The measure in this 
bill will encourage entrepreneurship in places where it is currently 
lagging. By promoting innovation within these communities, H.R. 2965 
will set them on the path to economic recovery.
  When most people hear the word ``innovation,'' they probably don't 
think of rural regions, but the truth is that these are the areas with 
the most room for growth. If we are going to rebuild our economy, then 
we will have to unlock new markets everywhere, from Silicon Valley to 
the Midwest heartland. H.R. 2965 will do just that.
  I ask my colleagues to join me in supporting its passage.
  Mr. GRAVES. Mr. Chairman, I reserve the balance of my time.
  Mr. WU. Mr. Chairman, I reserve my time.
  Mr. SMITH of Nebraska. I yield back the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I would like to inquire of the Chair how 
much time we have left.
  The CHAIR. The gentlewoman from New York has 6\1/2\ minutes 
remaining.
  Ms. VELAZQUEZ. I yield to the gentlelady from New York (Ms. Clarke) 3 
minutes.
  Ms. CLARKE. I rise today to take a strong stand for small business by 
supporting H.R. 2965, the Enhancing Small Business Research and 
Innovation Act of 2009, which reauthorizes the Small Business 
Innovation Research and the Small Business Technology Transfer grant 
programs. This very important piece of legislation will strengthen and 
solidify the foundation for the growth and ultimate success of our 
Nation's small businesses and determine the subsequent success of our 
country's economy.
  The SBIR program is one of the most successful Federal programs for 
research and technology innovations. It has been central in the process 
of maintaining the U.S. as a leader in technological innovation, 
delivering over 60,000 patents and several hundred valuable innovations 
in all commercial areas, including defense and homeland security.
  This 111th Congress, I have the honor of sitting on the Committee on 
Homeland Security and chairing the Subcommittee on Emerging Threats, 
Cybersecurity, and Science and Technology. And as the Representative of 
the 11th Congressional District located in central Brooklyn and a 
native New Yorker, I have witnessed firsthand the need for advanced 
technology to keep America and its citizens safe.
  The events of 9/11 and subsequent war in Afghanistan and Iraq have 
catalyzed the need to develop both antiterrorism technology and defense 
systems that will defend our Nation and save precious American lives 
from terrorist action.
  Moreover, this funding is integral in providing funding for women and 
minority-owned research firms that have historically been marginalized 
and locked out of the system and have had more difficulty navigating 
through the technology and innovation research arena.
  There is no better time than now to encourage technological 
innovation, to meet the Federal research and development needs of our 
country, and to increase the quality and quantity of products in our 
market. And there is no other group better equipped to handle such a 
task than the small business community.
  Currently, small businesses are responsible for creating roughly 70 
percent of new jobs and employ half of the private sector workforce. 
They are truly the backbone of our economy and the conduit through 
which we will emerge from this recession. I have had a very 
longstanding commitment to the support of the technological 
entrepreneurship and the jobs it creates. In my district in Brooklyn, 
our State University Medical Center is home to Brooklyn's first 
biotechnology incubator where small emerging entrepreneurs are 
developing the cures for our Nation's illnesses and diseases. This 
legislation enables the vital support these entrepreneurs are 
desperately seeking. This is why I strongly support H.R. 2965, the 
Enhancing Small Business Research and Innovation Act of 2009.
  I thank Chairwoman Velazquez, Ranking Member Graves, Subcommittee 
Chairman Nye and Congressman Altmire for taking charge on this bill.
  Mr. GRAVES. I reserve the balance of my time, Mr. Chairman.
  Mr. WU. I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I yield to the gentlewoman from 
Pennsylvania (Ms. Schwartz) 2 minutes.
  Ms. SCHWARTZ. I rise today in support of the Enhancing Small Business 
Research and Innovation Act.
  Ingenuity and innovation are key to the U.S. economy. In 
Pennsylvania, the bioscience industry employs more than 77,000 people 
in good-paying jobs. The industry develops lifesaving pharmaceuticals, 
medical equipment and devices that are important here at home and 
around the world.
  In order to develop these important technologies, these companies 
need access to early capital to move their products from the research 
phase into commercial development. Small business programs, 
particularly SBIR and STTR programs, are important tools for our 
country's entrepreneurs to bring their ideas to market; however, under 
rules established by the previous administration, companies with large 
investments from venture capital were ineligible to participate in the 
SBIR program. This ruling created an unfortunate situation where 
companies had to choose between utilizing these Federal business 
incubator resources or raising essential venture capital investment, 
both important to growing their business.
  The bill before us today overturns this prior policy and enables 
Pennsylvania and the bioscience companies and companies around the 
country to utilize these important Federal resources and seek private 
investment capital.
  Former Congressman from Pennsylvania, Jim Greenwood, and now 
president of the Biotechnology Industry Organization, has said this 
bill ``will help to ensure that small U.S. biotech companies have 
increased access to capital for meritorious cutting-edge, early-stage 
research.''
  I urge my colleagues to support this legislation that will create 
jobs and keep American technology competitive in this global economy.
  Mr. GRAVES. Mr. Chairman, I simply want to urge my colleagues to 
support the bill.
  I don't have any more speakers, and I yield back my time.
  Mr. WU. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I want to recognize the staff who put many hard years 
of work into this legislation. On the Science Committee staff, I always 
say that you don't have to be a rocket scientist to serve on the 
Science Committee, but you do have to be a rocket scientist to staff 
the Science Committee. I would like to recognize the good work of Mike 
Quear of my staff and Dennis Worden.
  The bill that they have crafted is fundamentally about jobs. It is 
about turning research into new products and new services, but most 
importantly, good, high-wage jobs that tend not to go away. This is a 
25-year-old-plus program that has worked, and we are here today making 
improvements. We are making the program more flexible by permitting 
cross-agency awards. We are permitting awardees to skip phase one and 
go straight to a phase two award if they have done that development 
work with private money. We are collecting data, because there is a 
dearth of data currently, data that will help us target this program 
even better in future reauthorizations.

[[Page 17069]]

  For the first time in 5 years, we are going back to the prior rule, 
the preexisting rule that was there for 20 years of permitting venture 
capitalists to participate more broadly in the program but with 
carefully crafted restrictions. This program remains the exclusive 
domain of small businesses, those businesses with 500 or fewer 
employees. It is the kind of bill that has brought together a 
bipartisan consensus, because we need it now more than ever under our 
economic circumstances. This is the kind of legislation that we should 
be working on all the time that turns research into new products, new 
services and new jobs.
  I yield back the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, today we have an opportunity to invest in the two 
greatest sources of economic growth: entrepreneurship and innovation. 
We know that small firms create roughly 70 percent of all new jobs, and 
we recognize that new markets are the surest path to prosperity, so it 
only makes sense to strengthen small business innovation. H.R. 2965 
does exactly that. This is a bipartisan bill, one that could not have 
been drafted without contributions from my colleagues, Mr. Graves, Mr. 
Schock, Mrs. Halvorson, Mr. Bright, Mr. Nye, and most importantly, the 
bill sponsor, Mr. Altmire.

                              {time}  1315

  I would also like to thank Science and Technology, both chairman and 
ranking member, and the subcommittee chairman, Mr. David Wu, and the 
ranking member.
  Especially, I want to say thank you to the staff on both committees 
who have worked so diligently in working in a bipartisan manner.
  This legislation has the support of 60 different organizations, 
including the U.S. Women's Chamber of Commerce, the Advanced Medical 
Technology Association and the Biotechnology Industry Organization. The 
SBIR and STTR programs are critical to small business resources. They 
helped 1,500 firms get off the ground every year, and in the past we 
have sparked breakthroughs in everything from antivirus software to 
defense technology.
  Clearly, these programs hold enormous value. Even so, they haven't 
been modernized in over 8 years and are in sore need of enhancement. In 
improving SBIR and STTR, we are going to increase efficiency, expand 
the small business talent pool and boost commercialization.
  Meanwhile, we are also going to give entrepreneurs more options for 
forming their ventures. Taken together these measures will do more than 
spark invention. They will help small firms market new products, open 
new industries and put more Americans back to work.
  I will urge my colleagues to support this bill.
  Mrs. BIGGERT. Mr. Chair, I rise today in strong support of H.R. 2965, 
a bill to reauthorize the Small Business Innovation Research (SBIR) and 
Small Business Technology Transfer Programs (STTR).
  Too often, I hear from small businesses in my district about what I 
call the ``valley of death''--that period when a firm has developed a 
new technology but faces difficulties commercializing it and moving it 
to the market.
  In an economy where credit is scarce, the timing to provide stable 
resources for small-tech companies is now. There are hundreds of 
healthcare and energy solutions past discovery and development. They 
only need that one final push to advance to the marketplace.
  H.R. 2965 will help them do just that. Reauthorizing the SBIR-STTR 
programs through 2011--with an emphasis on commercialization in the 
last phase--will deploy new technologies that improve the quality of 
our lives, drive economic growth, and create high paying jobs.
  As the largest of the small business research and development 
programs, the SBIR-STTR awards are an important and successful element 
of the Federal R&D portfolio.
  In fact, Illinois is one of the top ten states benefitting from SBIR 
research dollars.
  Since 1983, over four hundred million dollars of grant awards went to 
my home state. Illinois small businesses utilizing these resources over 
the years have received over eight hundred patents for their innovative 
work and hired nearly five thousand high-tech employees.
  I urge my colleagues to support this bill and support small business 
innovation. Doing so maintains our commitment to science and technology 
advancements, drives the American economy, creates jobs, and keeps 
American competitive.
  Mr. JOHNSON of Georgia. Mr. Chair, I rise today in support of H.R. 
2965, to amend the Small Business Act with respect to the Small 
Business Innovation Research Program and the Small Business Technology 
Transfer Program, and for other purposes. I would like to thank my 
colleague Representative Jason Altmire from Pennsylvania for 
introducing this important piece of legislation.
  I support this legislation because it increases the support of small 
businesses which are the lifeblood of the American economy. This 
legislation extends the previous termination date for SBIR and STTR 
programs to 2011, allowing more businesses to participate. It extends 
the authority to all agencies to develop programs supporting the 
commercialization of SBIR-funded research and increases the provision 
of funds to assist small businesses in rural areas. Importantly, it 
also provides for the special consideration of historically 
underrepresented groups, including small businesses operated by women, 
minorities, and service-disabled veterans.
  Though I support this legislation, I have concerns over the provision 
extending eligibility of the SBIR and STTR programs to Venture Capital 
Operating Companies. The Small Business Administration defines small 
VCOCs as firms with annual earnings below $6.5 million, effectively 
identifying large businesses as small businesses under the text of this 
legislation. Furthermore, the bill does not include limits for the 
level VCOC participation, failing to safeguard the overcrowding of 
small businesses within the SBIR and STTR programs. Both the National 
Academy of Sciences and the Government Accountability Office have 
recommended such safeguards be included in this legislation, yet the 
text remains unchanged. I have always been a supporter of small 
businesses and I am the sponsor of the Fairness and Transparency in 
Contracting Act, which would ensure that small businesses can take full 
advantage of federal contracting opportunities. Although H.R. 2965 
fails to include the safeguards necessary to protect small businesses, 
I believe it is a step in the right direction.
  Small businesses represent 99 percent of employer firms, employ half 
of all private sector employees, and comprise 97 percent of identified 
exporters. In the state of Georgia, the more than 860,000 small 
businesses employ more than 3.6 million workers. I urge my colleagues 
to vote in support of enhancing small business innovation, small 
businesses research, employment, and the economy by supporting this 
legislation.
  Mr. HOLT. Mr. Chair, I rise today in support of our nation's small 
businesses and for the passage of H.R. 2965, the Enhancing Small 
Business Research and Innovation Act of 2009.
  Much of the economic success that we enjoy as a nation is the result 
of innovation and development by America's small business community. 
Small businesses employ more than half of all workers in the private 
sector and generate 60 to 80 percent of new jobs in this country. High-
tech small businesses form a growing part of our national economy, 
particularly in New Jersey. According to the National Science 
Foundation, New Jersey ranks in the top five among states in both the 
number of high-tech businesses and the size of the workforce employed 
by those businesses. Restoring our economic growth will require 
focusing on this strength and improving it.
  To continue our innovation advantage, we must ensure that these high-
tech small businesses have a steady stream of new ideas, which are 
generated by translating basic scientific research into commercial 
products. A recent analysis by the Information Technology and 
Innovation Foundation found that 77 percent of the award-winning 
innovative technologies in 2006 came about because of ideas generated 
from federally funded scientific research. We must give our small 
businesses the necessary tools to continue to translate this research 
into innovative technologies and products.
  The legislation before us today would help close this gap by 
expanding and improving two of the SBA's most successful programs: the 
Small Business Innovation Research (SBIR) program and the Small 
Business Technology Transfer (STTR) program. The SBIR program has 
proven to be a successful way to advance technological innovation, 
delivering more than 55,000 patents and hundreds of valuable 
innovations in agriculture, defense, energy, health sciences, homeland 
security, space, transportation, and other fields. The program is a 
unique collaboration, allowing

[[Page 17070]]

government agencies to fund projects to meet specific agency needs 
while expanding opportunities for small businesses. SBIR has enhanced 
the role of innovative small businesses and higher education research 
institutions in federally-funded research and development, while 
fostering competition, productivity, and economic growth. I support 
this program so that it will continue to provide a vital source of 
funding to establish and grow innovative small businesses.
  Our nation's innovation infrastructure, and its underlying science 
and technology assets, lead the world across a wide range of measures. 
However, our successes have encouraged other countries to follow our 
example and boost their innovation infrastructures. Therefore, we must 
redouble our efforts to boost innovation through research and support 
high tech companies that will provide the innovation and jobs of the 
21st Century. The legislation before us today will give these high-tech 
small businesses the tools that they need to succeed. I encourage my 
colleagues to support this legislation.
  Mr. MARKEY of Massachusetts. Mr. Chair, I rise in opposition to H.R. 
2965, the Enhancing Small Business Innovation and Research Act.
  I must oppose this bill because I have serious concerns about changes 
made in the bill to the SBIR program that would allow SBIR awards to go 
to an unlimited number of businesses owned or controlled by Venture 
capital (VC) firms. The SBIR program, responsible for over 60,000 
patents, has always focused on innovation from truly small businesses 
for whom commercial capital market funding is typically not an option. 
However, with the change made in this bill, the SBIR program would be 
wide open to applicants that already are well-capitalized due to VC 
participation, crowding out the small businesses that have been the 
focus of the highly successful SBIR program.
  When the Rules Committee met yesterday, I offered an amendment to 
H.R. 2965 along with my colleagues Representative Tsongas, 
Representative Welch, and Representative Hodes which would have 
resolved two major problems with H.R 2965 that undermine the intent of 
the SBIR program.
  The amendment we offered would have:
  1. Allowed the National Institutes of Health (NIH) to direct up to 
15% of its SBIR budget to majority venture backed businesses and allow 
every other federal agency to direct up to 5 percent of its SBIR budget 
to majority venture backed businesses. In this way, our amendment 
provided a sensible balance between the prohibition on VC 
participation, which is the current law, and enabling, without 
limitation, the participation in the SBIR program of businesses that 
are owned or controlled by VC firms. The safeguards included in our 
amendment were based on the recommendations from the National Academy 
of Sciences and Government Accountability Office (GAO).
  2. Increased SBIR Phase I and Phase II awards to $150,000 and 
$1,000,000 respectively. This increase recognized the need to boost 
award size due to inflation, but did not increase the award size to 
such an extent that there will be fewer overall awards available.
  While I support VC participation in the SBIR program--and our 
amendment specifically provided for it--enabling an unlimited amount of 
large VC majority-owned firms to qualify for SBIR funding calls into 
question whether this program, intended for genuinely small businesses, 
is, in fact, still focused on these firms.
  Our amendment provided a needed compromise that recognized the 
importance of venture capital and recognized the need to hold central 
truly small business innovation.
  Unfortunately, our amendment was not made in order by the Rules 
Committee. Without the protections in our amendment, we run the risk of 
taking the ``Small'' out of the Small Business Research Innovation 
Program.
  At a time when our national unemployment rate is at 9.5 percent, we 
should do everything in our power to strengthen small businesses that 
generate 70 percent of new jobs in our country. H.R 2965 does not do 
enough to ensure that small businesses are the focus of the SBIR 
program, and therefore I cannot support the bill.
  Mr. KUCINICH. Mr. Chair, I rise today in opposition to H.R. 2965, the 
Enhancing Small Business Research and Innovation Act. This legislation 
undermines the very reason for the creation of the Small Business 
Innovation Research (SBIR) program and squanders the opportunity to 
provide vital resources to our country's small business community.
  The Small Business Innovation Research program was created by 
Congress with the recognition that small businesses could not compete 
with their larger corporate competitors in the federal grantmaking 
process. This grant program provides small, innovative businesses 
across the nation with the necessary resources to significantly 
contribute to the federal government's research and development 
efforts. With the enactment of the SBIR program, Congress made clear 
its commitment to support the ingenuity and entrepreneurial spirit of 
small businesses.
  Section 102 of H.R. 2965 would alter the ownership rule provision by 
providing venture capital firms and venture capital subsidiaries of 
large corporations the space to increase their ownership in small 
businesses applying for SBIR grants. Relaxing the venture capital 
standards for SBIR and STTR grant eligibility undermines the ability of 
the SBIR program to ensure that small business can address the 
disproportionate competitive advantages that large business have.
  In a time of economic crisis, maintaining the integrity of the SBIR 
program could not be of more importance. We must recognize the 
significant contributions that small business makes to our economy and 
preserve the programs that drive their success.
  Mr. TEAGUE. Mr. Chair, I rise today to express serious concerns with 
H.R. 2965, the Enhancing Small Business Research and Innovation Act of 
2009. H.R. 2965 is a reauthorization of the Small Business Innovation 
Research (SBIR) program. SBIR provides $26 million in research and 
development funding for companies in my home state of New Mexico every 
year. Over the past six years, that amounts to over $160 million in 
funding, creating jobs and wealth across the state.
  Rather than extending a successful program and changing it to fit the 
shifting needs of American small businesses, however, I worry that the 
reauthorization proposed in this bill will open the program to 
businesses that aren't actually so small or actually in need of 
capital. I hesitate to change a law that is meant to provide an 
opportunity for small businesses to grow and prosper in such a way that 
would allow big venture capital firms access to our precious tax 
dollars. Small businesses are the foundation of our economy, and we 
should not jeopardize their access to this valuable program.
  When this bill was being considered by the Rules Committee, an 
amendment was offered that would have ensured that the focus of the 
Small Business Innovation Research (SBIR) program remained on assisting 
small businesses. The amendment struck a sensible balance between the 
need to modernize eligibility guidelines for the program and protecting 
the participation of small businesses. The amendment, however, was not 
made in order.
  Without setting these limits on the participation of venture capital 
in the SBIR program, small businesses without significant or any 
venture capital participation could potentially be crowded out of the 
program. We need to keep the ``small business'' in SBIR.
  Mr. DINGELL. Mr. Chair, I rise today in support of H.R. 2965, the 
Enhancing Small Business Research and Innovation Act of 2009. Since 
1982 the Small Business Innovative Research (SBIR) an the Small 
Business Technology Transfer (STTR) programs have assisted thousands of 
innovative, cutting-edge small businesses in successfully getting their 
products to the marketplace.
  The SBIR and STIR programs provide small businesses the ability to 
compete for federal funding, thus ensuring the best companies are 
getting their products to the market. Firms across all fields, from 
alternative energy and biotechnology to national defense, have 
benefited from the ability to get seed money from the government to 
fully develop and market their products and technology. The modest 
investments the government makes in these firms have provided 
tremendous rewards, allowing 1500 new companies each year to get off 
the ground. In my home state of Michigan, the SBIR/STTR programs have 
invested $534 million, $215 million of which Michigan has received 
since 2003. Overall, 450 Michigan companies have benefited from SBIR/
STTR, including two thriving firms in Michigan's 15th Congressional 
District, Adaptive Materials and Al23Systems.
  Not only does H.R. 2965 reauthorize the SBIR/STTR programs which are 
set to expire on July 31, 2009, it also modernizes them, placing an 
emphasis on commercialization, expanding access for minority-owned and 
rural business, and creating a more efficient and streamlined process 
for participating companies.
  The SBIR program is designed so that technology-driven firms have the 
chance to advance their ideas, develop them, and ultimately 
commercialize their products. This legislation is critically important 
for companies in Michigan, and across the country, as it gives them the 
ability to continue to get their products to the market, especially at 
a time when the economy is so badly hurting. I urge all my colleagues 
to vote for this important legislation.

[[Page 17071]]

  Ms. SUTTON. Mr. Chair, I rise today in support of the underlying 
legislation, H.R. 2965, the Enhancing Small Business Research and 
Innovation Act.
  This bill will ensure that small businesses have access to federal 
research and development money so they can continue to be the engines 
of economic growth and innovation that our economy so desperately 
needs.
  This bill also contains a number of important developments--including 
a focus on the commercialization of products developed with SBIR 
funding.
  A focus on commercialization is also a focus on jobs as technologies 
and innovations created by this funding enter the marketplace.
  I am also pleased that a number of provisions that I championed have 
been included in the manager's amendment and the underlying bill.
  One of these provisions requires agencies that administer SBIR 
programs to give special consideration to vital transportation and 
infrastructure research activities when reviewing grant applications.
  Investing in our nation's transportation and infrastructure through 
small business is essential to our long term success and growth.
  I also worked to include a preference for veterans who have so 
honorably served this country.
  This is the least we can do for the 26 million brave men and women 
who sacrificed years of their lives to protect our country--many who 
are small business owners.
  This bill will also increase outreach to service-disabled veterans 
and other underrepresented groups.
  As I have said before and I will say again, it is not enough to 
simply pay tribute to our veterans with our words; we must show our 
appreciation through our actions.
  I also strongly support the provision of this bill that I worked on 
with Representative Boswell to require that priority be given to grant 
applicants from areas of the country that have lost a major source of 
employment.
  Communities across this country, from Ohio to Iowa, are suffering as 
employers shut their doors. In Ohio, 83 of the 88 counties have 
experienced a mass layoff or plant closing since 2001.
  Focusing funds in areas that have suffered the most and have endured 
major job losses will ensure that this money is helping people in the 
communities that need it most.
  I urge a yes vote on the rule and the underlying bill.
  Ms. VELAZQUEZ. I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  In lieu of the amendment recommended by the Committee on Science and 
Technology, the amendment in the nature of a substitute recommended by 
the Committee on Small Business printed in the bill shall be considered 
as the original bill for purpose of amendment under the 5-minute rule 
and shall be considered as read.
  The text of the committee amendment is as follows:

                               H.R. 2965

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Enhancing 
     Small Business Research and Innovation Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

   TITLE I--PROGRAM EXTENSION AND VENTURE CAPITAL OPERATING COMPANY 
                              INVOLVEMENT

Sec. 101. Extension of termination dates.
Sec. 102. Ensuring that innovative small businesses with substantial 
              investment from venture capital operating companies are 
              able to participate in the SBIR and STTR programs.

 TITLE II--COMMERCIALIZATION ACTIVITIES AND RESEARCH TOPICS DESERVING 
                         SPECIAL CONSIDERATION

Sec. 201. Focus on commercialization.
Sec. 202. Inclusion of energy-related research topics and rare disease-
              related research topics as deserving ``special 
              consideration'' as SBIR research topics.
Sec. 203. Nanotechnology-related research topics.
Sec. 204. Clarifying the definition of ``Phase Three''.
Sec. 205. Agency research goals.
Sec. 206. Commercialization programs.

               TITLE III--RURAL DEVELOPMENT AND OUTREACH

Sec. 301. Outreach and support activities.
Sec. 302. Rural preference.
Sec. 303. Obtaining SBIR applicant's consent to release contact 
              information to economic development organizations.
Sec. 304. Increased partnerships between SBIR awardees and prime 
              contractors, venture capital investment companies, and 
              larger businesses.

                  TITLE IV--SBIR AND STTR ENHANCEMENT

Sec. 401. Increased number of research topic solicitations annually and 
              shortened period for final decisions on applications.
Sec. 402. Agencies should fund vital R&D projects with the potential 
              for commercialization.
Sec. 403. Federal agency engagement with SBIR awardees that have been 
              awarded multiple Phase One awards but have not been 
              awarded Phase Two awards.
Sec. 404. Funding for administrative, oversight, and contract 
              processing costs.
Sec. 405. Comptroller general audit of how Federal agencies calculate 
              extramural research budgets.
Sec. 406. Agency databases to support program evaluation.
Sec. 407. Agency databases to support technology utilization.
Sec. 408. Interagency Policy Committee.
Sec. 409. National Research Council SBIR Study.
Sec. 410. Express authority to ``fast-track'' Phase Two awards for 
              promising Phase One research.
Sec. 411. Increased SBIR and STTR award levels.
Sec. 412. Express authority for an agency to award sequential Phase Two 
              awards for SBIR-funded projects.
Sec. 413. First phase required.
Sec. 414. Involvement of Chief Counsel for Advocacy.

   TITLE I--PROGRAM EXTENSION AND VENTURE CAPITAL OPERATING COMPANY 
                              INVOLVEMENT

     SEC. 101. EXTENSION OF TERMINATION DATES.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended by striking ``2008'' and inserting 
     ``2011''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``2009'' and 
     inserting ``2011''.

     SEC. 102. ENSURING THAT INNOVATIVE SMALL BUSINESSES WITH 
                   SUBSTANTIAL INVESTMENT FROM VENTURE CAPITAL 
                   OPERATING COMPANIES ARE ABLE TO PARTICIPATE IN 
                   THE SBIR AND STTR PROGRAMS.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding at the end the following:
       ``(aa) Venture Capital Operating Companies.--Effective only 
     for the SBIR and STTR programs the following shall apply:
       ``(1) A business concern that has more than 500 employees 
     shall not qualify as a small business concern.
       ``(2) In determining whether a small business concern is 
     independently owned and operated under section 3(a)(1) or 
     meets the small business size standards instituted under 
     section 3(a)(2), the Administrator shall not consider a 
     business concern to be affiliated with a venture capital 
     operating company (or with any other business that the 
     venture capital operating company has financed) if--
       ``(A) the venture capital operating company does not own 50 
     percent or more of the business concern; and
       ``(B) employees of the venture capital operating company do 
     not constitute a majority of the board of directors of the 
     business concern.
       ``(3) A business concern shall be deemed to be 
     `independently owned and operated' if--
       ``(A) it is owned in majority part by one or more natural 
     persons or venture capital operating companies;
       ``(B) there is no single venture capital operating company 
     that owns 50 percent or more of the business concern; and
       ``(C) there is no single venture capital operating company 
     the employees of which constitute a majority of the board of 
     directors of the business concern.
       ``(4) If a venture capital operating company controlled by 
     a business with more than 500 employees (in this paragraph 
     referred to as a `VCOC under large business control') has an 
     ownership interest in a small business concern that is owned 
     in majority part by venture capital operating companies, the 
     small business concern is eligible to receive an award under 
     the SBIR or STTR program only if--
       ``(A) not more than two VCOCs under large business control 
     have an ownership interest in the small business concern; and
       ``(B) the VCOCs under large business control do not 
     collectively own more than 20 percent of the small business 
     concern.
       ``(5) The term `venture capital operating company' means a 
     business concern--
       ``(A) that--
       ``(i) is a Venture Capital Operating Company, as that term 
     is defined in regulations promulgated by the Secretary of 
     Labor; or
       ``(ii) is an entity that--

       ``(I) is registered under the Investment Company Act of 
     1940 (15 U.S.C. 80a-51 et seq.); or
       ``(II) is an investment company, as defined in section 
     3(c)(1) of such Act (15 U.S.C. 80a-3(c)(1)), which is not 
     registered under such Act because it is beneficially owned by 
     less than 100 persons; and

       ``(B) that is itself organized or incorporated and 
     domiciled in the United States, or is controlled by a 
     business concern that is incorporated and domiciled in the 
     United States.''.

[[Page 17072]]



 TITLE II--COMMERCIALIZATION ACTIVITIES AND RESEARCH TOPICS DESERVING 
                         SPECIAL CONSIDERATION

     SEC. 201. FOCUS ON COMMERCIALIZATION.

       Section 9(a) of the Small Business Act (15 U.S.C. 638(a)) 
     is amended by adding at the end the following: ``It is 
     further the policy of Congress that the programs established 
     in this section should focus on promoting research and 
     development of projects governed by commercial business 
     plans, which have significant potential to produce products 
     or services for the marketplace or for acquisition by Federal 
     agencies.''.

     SEC. 202. INCLUSION OF ENERGY-RELATED RESEARCH TOPICS AND 
                   RARE DISEASE-RELATED RESEARCH TOPICS AS 
                   DESERVING ``SPECIAL CONSIDERATION'' AS SBIR 
                   RESEARCH TOPICS.

       Section 9(g)(3) of the Small Business Act (15 U.S.C. 
     638(g)(3)) is amended--
       (1) in the matter preceding subparagraph (A) by inserting 
     after ``critical technologies'' the following: ``or pressing 
     research priorities'';
       (2) in subparagraph (A) by striking ``or'' at the end; and
       (3) by adding at the end the following:
       ``(C) the National Academy of Sciences, in the final report 
     issued by the `America's Energy Future: Technology 
     Opportunities, Risks, and Tradeoffs' project, and in 
     subsequent reports issued by the National Academy of Sciences 
     on sustainability, energy, and alternative fuels;
       ``(D) the National Institutes of Health, in the annual 
     report on the rare diseases research activities of the 
     National Institutes of Health for fiscal year 2005, and in 
     subsequent reports issued by the National Institutes of 
     Health on rare diseases research activities; or
       ``(E) the National Academy of Sciences, in the final report 
     issued by the `Transit Research and Development: Federal Role 
     in the National Program' project and the `Transportation 
     Research, Development and Technology Strategic Plan (2006-
     2010)' issued by the United States Department of 
     Transportation Research and Innovative Technology 
     Administration, and in subsequent reports issued by the 
     National Academy of Sciences and United States Department of 
     Transportation on transportation and infrastructure;''.

     SEC. 203. NANOTECHNOLOGY-RELATED RESEARCH TOPICS.

       (a) SBIR.--Section 9(g)(3) of the Small Business Act (15 
     U.S.C. 638(g)(3)), as amended, is further amended--
       (1) in subparagraph (D) by striking ``or'' at the end;
       (2) in subparagraph (E) by adding ``or'' at the end; and
       (3) by adding at the end the following:
       ``(F) the national nanotechnology strategic plan required 
     under section 2(c)(4) of the 21st Century Nanotechnology 
     Research and Development Act (15 U.S.C. 7501(c)(4)) and in 
     subsequent reports issued by the National Science and 
     Technology Council Committee on Technology, focusing on areas 
     of nanotechnology identified in such plan;''.
       (b) STTR.--Section 9(o)(3) of the Small Business Act (15 
     U.S.C. 638(o)(3)) is amended--
       (1) in subparagraph (A) by striking ``or'' at the end;
       (2) in subparagraph (B) by adding ``or'' at the end; and
       (3) by adding at the end the following:
       ``(C) by the national nanotechnology strategic plan 
     required under section 2(c)(4) of the 21st Century 
     Nanotechnology Research and Development Act (15 U.S.C. 
     7501(c)(4)) and in subsequent reports issued by the National 
     Science and Technology Council Committee on Technology, 
     focusing on areas of nanotechnology identified in such 
     plan;''.

     SEC. 204. CLARIFYING THE DEFINITION OF ``PHASE THREE''.

       Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) 
     is amended--
       (1) in paragraph (4)(C) in the matter preceding clause (i) 
     by inserting after ``a third phase'' the following: ``, which 
     shall consist of work that derives from, extends, or 
     logically concludes efforts performed under prior SBIR 
     funding agreements (which may be referred to as `Phase 
     III')'';
       (2) in paragraph (8) by striking ``and'' at the end;
       (3) in paragraph (9) by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(10) the term `commercialization' means the process of 
     developing marketable products or services and producing and 
     delivering products or services for sale (whether by the 
     originating party or by others) to government or commercial 
     markets.''.

     SEC. 205. AGENCY RESEARCH GOALS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by striking subsection (h) and 
     inserting the following:
       ``(h) Agency Research Goals.--
       ``(1) In general.--In addition to the requirements of 
     subsection (f), each Federal agency that is required by this 
     section to have an SBIR program and that awards annually 
     $5,000,000,000 or more in procurement contracts shall, 
     effective for fiscal year 2010 and each fiscal year 
     thereafter, establish annual goals for commercialization of 
     projects funded by SBIR awards.
       ``(2) Specific goals.--The goals required by paragraph (1) 
     shall include specific goals for each of the following:
       ``(A) The percentage of SBIR projects that receive funding 
     for the third phase (as defined in subsection (e)(4)(C)).
       ``(B) The percentage of SBIR projects that are successfully 
     integrated into a program of record.
       ``(C) The amount of Federal dollars received by SBIR 
     projects through Federal contracts, not including dollars 
     received through the SBIR program.
       ``(3) Submission to committees.--For each fiscal year for 
     which goals are required by paragraph (1), the agency shall 
     submit to the Committee on Small Business and the Committee 
     on Science and Technology of the House of Representatives and 
     the Committee on Small Business and Entrepreneurship of the 
     Senate--
       ``(A) not later than 60 days after the beginning of the 
     fiscal year, the goals; and
       ``(B) not later than 90 days after the end of the fiscal 
     year, data on the extent to which the goals were met and a 
     description of the methodology used to collect such data.''.

     SEC. 206. COMMERCIALIZATION PROGRAMS.

       Section 9 of the Small Business Act (15 U.S.C. 638) as 
     amended, is further amended, by adding at the end the 
     following:
       ``(bb) Commercialization Programs.--
       ``(1) In general.--Each agency required by this section to 
     conduct an SBIR program shall establish a commercialization 
     program that supports the progress of SBIR awardees to the 
     third phase. The commercialization program may include 
     activities such as partnership databases, partnership 
     conferences, multiple second phases, mentoring between prime 
     contractors and SBIR awardees, multiple second phases with 
     matching private investment requirements, jumbo awards, SBIR 
     helpdesks, and transition assistance programs. The agency 
     shall include in its annual report an analysis of the various 
     activities considered for inclusion in the commercialization 
     program and a statement of the reasons why each activity 
     considered was included or not included, as the case may be.
       ``(2) Funding for commercialization programs.--
       ``(A) In general.--From amounts made available to carry out 
     this paragraph, the Administrator may, on petition by 
     agencies required by this section to conduct an SBIR program, 
     transfer funds to such agencies to support the 
     commercialization programs of such agencies.
       ``(B) Petitions.--The Administrator shall establish rules 
     for making transfers under subparagraph (A). The initial set 
     of rules shall be promulgated not later than 90 days after 
     the date of the enactment of this paragraph.
       ``(C) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     paragraph $27,500,000 for fiscal year 2010 and each fiscal 
     year thereafter.
       ``(3) Funding limitation.--For payment of expenses incurred 
     to administer the commercialization programs described in 
     paragraphs (1) and (2), the head of an agency may use not 
     more than an amount equal to 1 percent of the funds set aside 
     for the agency's Small Business Innovation Research program. 
     Such funds--
       ``(A) shall not be subject to the limitations on the use of 
     funds in subsection (f)(2); and
       ``(B) shall not be used for the purpose of funding costs 
     associated with salaries and expenses of employees of the 
     Federal Government.''.

               TITLE III--RURAL DEVELOPMENT AND OUTREACH

     SEC. 301. OUTREACH AND SUPPORT ACTIVITIES.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by inserting after subsection (r) 
     the following:
       ``(s) Outreach and Support Activities.--
       ``(1) In general.--Subject to the other provisions of this 
     subsection, the Administrator shall make grants on a 
     competitive basis to organizations, to be used by the 
     organizations to do one or both of the following:
       ``(A) To conduct outreach efforts to increase participation 
     in the programs under this section.
       ``(B) To provide application support and entrepreneurial 
     and business skills support to prospective participants in 
     the programs under this section.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator $10,000,000 to carry 
     out paragraph (1) for each of fiscal years 2010 and 2011.
       ``(3) Amount of assistance.--For each of subparagraphs (A) 
     and (B) of paragraph (1), the amount of assistance provided 
     to an organization under that subparagraph in any fiscal 
     year--
       ``(A) shall be equal to the total amount of matching funds 
     from non-Federal sources provided by the organization; and
       ``(B) shall not exceed $250,000.
       ``(4) Direction.--An organization receiving funds under 
     paragraph (1) shall, in using those funds, direct its 
     activities at one or both of the following:
       ``(A) Small business concerns located in geographic areas 
     that are underrepresented in the programs under this section.
       ``(B) Small business concerns owned and controlled by 
     women, small business concerns owned and controlled by 
     service-disabled veterans, and small business concerns owned 
     and controlled by minorities.
       ``(5) Advisory board.--
       ``(A) Establishment.--Not later than 90 days after the date 
     of the enactment of this subsection, the Administrator shall 
     establish an advisory board for the activities carried out 
     under this subsection.
       ``(B) Non-applicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the advisory 
     board.
       ``(C) Members.--The members of the advisory board shall 
     include the following:
       ``(i) The Administrator (or the Administrator's designee).

[[Page 17073]]

       ``(ii) For each Federal agency required by this section to 
     conduct an SBIR program, the head of the agency (or the 
     designee of the head of the agency).
       ``(iii) Representatives of small business concerns that are 
     current or former recipients of SBIR awards, or 
     representatives of organizations of such concerns.
       ``(iv) Representatives of service providers of SBIR 
     outreach and assistance, or representatives of organizations 
     of such service providers.
       ``(D) Duties.--The advisory board shall have the following 
     duties:
       ``(i) To develop guidelines for awards under paragraph (1), 
     including guidelines relating to award sizes, proposal 
     requirements, measures for monitoring awardee performance, 
     and measures for determining the overall value of the 
     activities carried out by the awardees.
       ``(ii) To identify opportunities for coordinated outreach, 
     technical assistance, and commercialization activities among 
     Federal agencies, the recipients of the awards under 
     paragraph (1), and applicants and recipients of SBIR awards, 
     including opportunities such as--

       ``(I) podcasting or webcasting for conferences, training 
     workshops, and other events;
       ``(II) shared online resources to match prospective 
     applicants with the network of paragraph (1) recipients; and
       ``(III) venture capital conferences tied to technologies 
     and sectors that cross agencies.

       ``(iii) To review and recommend revisions to activities 
     under paragraph (1).
       ``(iv) To submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business and the Committee on Science and Technology of the 
     House of Representatives an annual report on the activities 
     carried out under paragraph (1) and the effectiveness and 
     impact of those activities.
       ``(6) Selection criteria.--In awarding grants under this 
     subsection, the Administrator shall use selection criteria 
     developed by the advisory board established under paragraph 
     (5). The criteria shall include--
       ``(A) criteria designed to give preference to applicants 
     who propose to carry out activities that will reach either an 
     underperforming geographic area or an underrepresented 
     population group (as measured by the number of SBIR 
     applicants);
       ``(B) criteria designed to give preference to applicants 
     who propose to carry out activities that complement, and are 
     integrated into, the existing public-private innovation 
     support system for the targeted region or population;
       ``(C) criteria designed to give preference to applicants 
     who propose to measure the effectiveness of the proposed 
     activities; and
       ``(D) criteria designed to give preference to applicants 
     who include a Small Business Development Center program that 
     is accredited for its technology services.
       ``(7) Peer review.--In awarding grants under this 
     subsection, the Administrator shall use a peer review 
     process. Reviewers shall include--
       ``(A) SBIR program managers for agencies required by this 
     section to conduct SBIR programs; and
       ``(B) private individuals and organizations that are 
     knowledgeable about SBIR, the innovation process, technology 
     commercialization, and State and regional technology-based 
     economic development programs.
       ``(8) Per-state limitations.--
       ``(A) In general.--To be eligible to receive a grant under 
     this subsection, the applicant must have the written 
     endorsement of the Governor of the State where the targeted 
     regions or populations are located (if the regions or 
     populations are located in more than one State, the applicant 
     must have the written endorsement of the Governor of each 
     such State). Such an endorsement must indicate that the 
     Governor will ensure that the activities to be carried out 
     under the grant will be integrated with the balance of the 
     State's portfolio of investments to help small business 
     concerns commercialize technology.
       ``(B) Limitation.--Each fiscal year, a Governor may have in 
     effect not more than one written endorsement for a grant 
     under paragraph (1)(A), and not more than one written 
     endorsement for a grant under paragraph (1)(B).
       ``(9) Specific requirements for awards.--In making awards 
     under paragraph (1) the Administrator shall ensure that each 
     award shall be for a period of 2 fiscal years. The 
     Administrator shall establish rules and performance goals for 
     the disbursement of funds for the second fiscal year, and 
     funds shall not be disbursed to a recipient for such a fiscal 
     year until after the advisory board established under this 
     subsection has determined that the recipient is in compliance 
     with the rules and performance goals.''.

     SEC. 302. RURAL PREFERENCE.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(cc) Rural Preference.--In making awards under this 
     section, Federal agencies shall give priority to applications 
     so as to increase the number of SBIR and STTR award 
     recipients from rural areas.''.

     SEC. 303. OBTAINING SBIR APPLICANT'S CONSENT TO RELEASE 
                   CONTACT INFORMATION TO ECONOMIC DEVELOPMENT 
                   ORGANIZATIONS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(dd) Consent To Release Contact Information to 
     Organizations.--
       ``(1) Enabling concern to give consent.--Each Federal 
     agency required by this section to conduct an SBIR program 
     shall enable a small business concern that is an SBIR 
     applicant to indicate to the agency whether the agency has 
     its consent to--
       ``(A) identify the concern to appropriate local and State-
     level economic development organizations as an SBIR 
     applicant; and
       ``(B) release the concern's contact information to such 
     organizations.
       ``(2) Rules.--The Administrator shall establish rules to 
     implement this subsection. The rules shall include a 
     requirement that the agency include in its SBIR application 
     forms a provision through which the applicant can indicate 
     consent for purposes of paragraph (1).''.

     SEC. 304. INCREASED PARTNERSHIPS BETWEEN SBIR AWARDEES AND 
                   PRIME CONTRACTORS, VENTURE CAPITAL INVESTMENT 
                   COMPANIES, AND LARGER BUSINESSES.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(ee) Increased Partnerships.--
       ``(1) In general.--Each agency required by this section to 
     conduct an SBIR program shall establish initiatives by which 
     the agency encourages partnerships between SBIR awardees and 
     prime contractors, venture capital investment companies, 
     business incubators, and larger businesses, for the purpose 
     of facilitating the progress of the SBIR awardees to the 
     third phase.
       ``(2) Definition.--In this subsection, the term `business 
     incubator' means an entity that provides coordinated and 
     specialized services to entrepreneurial businesses which meet 
     selected criteria during the businesses' startup phases, 
     including providing services such as shared office space and 
     office services, access to equipment, access to 
     telecommunications and technology services, flexible leases, 
     specialized management assistance, access to financing, 
     mentoring and training services, or other coordinated 
     business or technical support services designed to provide 
     business development assistance to entrepreneurial businesses 
     during these businesses' startup phases.''.

                  TITLE IV--SBIR AND STTR ENHANCEMENT

     SEC. 401. INCREASED NUMBER OF RESEARCH TOPIC SOLICITATIONS 
                   ANNUALLY AND SHORTENED PERIOD FOR FINAL 
                   DECISIONS ON APPLICATIONS.

       (a) Increased Number of Research Topic Solicitations 
     Annually.--Section 9(g)(2) of the Small Business Act (15 
     U.S.C. 638(g)(2)) is amended by inserting before the 
     semicolon at the end the following: ``, but not less often 
     than twice per year''.
       (b) Shortened Period for Final Decisions on Applications.--
     Section 9(g)(4) of the Small Business Act (15 U.S.C. 
     638(g)(4)) is amended by inserting before the semicolon at 
     the end the following: ``, but a final decision on each 
     proposal shall be rendered not later than 90 days after the 
     date on which the solicitation closes unless the 
     Administrator determines, on a case by case basis, that a 
     decision may be extended from 90 days to 180 days''.

     SEC. 402. AGENCIES SHOULD FUND VITAL R&D PROJECTS WITH THE 
                   POTENTIAL FOR COMMERCIALIZATION.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(ff) Multiple First Phase SBIR Awards Report.--The 
     Administrator shall, on an annual basis, submit to the 
     Committee on Small Business and the Committee on Science and 
     Technology of the House of Representatives and the Committee 
     on Small Business and Entrepreneurship of the Senate a list 
     identifying each small business concern that, for the period 
     covered by the preceding 5 fiscal years, received 15 or more 
     first phase SBIR awards and no second phase SBIR awards.''.

     SEC. 403. FEDERAL AGENCY ENGAGEMENT WITH SBIR AWARDEES THAT 
                   HAVE BEEN AWARDED MULTIPLE PHASE ONE AWARDS BUT 
                   HAVE NOT BEEN AWARDED PHASE TWO AWARDS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(gg) Requirements Relating to Federal Agency Engagement 
     With Certain First Phase SBIR Awardees.--Each Federal agency 
     required by this section to conduct an SBIR program shall 
     engage with SBIR awardees that have been awarded multiple 
     first phase SBIR awards but have not been awarded any second 
     phase SBIR awards and shall develop performance measures with 
     respect to awardee progression in the SBIR program.''.

     SEC. 404. FUNDING FOR ADMINISTRATIVE, OVERSIGHT, AND CONTRACT 
                   PROCESSING COSTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(hh) Assistance for Administrative, Oversight, and 
     Contract Processing Costs.--
       ``(1) In general.--From amounts made available to carry out 
     this subsection, the Administrator may, on petition by 
     Federal agencies required by this section to conduct an SBIR 
     program, transfer funds to such agencies to assist with the 
     administrative, oversight, and contract processing costs 
     relating to such program.
       ``(2) Petitions.--The Administrator shall establish rules 
     for making transfers under paragraph (1). The initial set of 
     rules shall be promulgated not later than 180 days after the 
     date of the enactment of this subsection.
       ``(3) Limit on transfer.--A Federal agency may not receive 
     under this subsection in a fiscal

[[Page 17074]]

     year an amount greater than 3 percent of the SBIR budget of 
     such agency for such fiscal year.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     subsection $27,500,000 for each of fiscal years 2010 and 
     2011.''.

     SEC. 405. COMPTROLLER GENERAL AUDIT OF HOW FEDERAL AGENCIES 
                   CALCULATE EXTRAMURAL RESEARCH BUDGETS.

       The Comptroller General of the United States shall carry 
     out a detailed audit of how Federal agencies calculate 
     extramural research budgets for purposes of calculating the 
     size of the agencies' Small Business Innovation Research 
     Program and Small Business Technology Transfer Program 
     budgets. Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Small Business and the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Small Business and Entrepreneurship of the 
     Senate a report on the results of the audit.

     SEC. 406. AGENCY DATABASES TO SUPPORT PROGRAM EVALUATION.

       Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) 
     is amended--
       (1) in paragraph (2)(A)--
       (A) by striking ``and'' at the end of clause (ii);
       (B) by inserting ``and'' at the end of clause (iii); and
       (C) by adding at the end the following new clause:
       ``(iv) information on the ownership structure of award 
     recipients, both at the time of receipt of the award and upon 
     completion of the award period;'';
       (2) by amending paragraph (3) to read as follows:
       ``(3) Updating information for database.--
       ``(A) In general.--A Federal agency shall not make a Phase 
     I or Phase II payment to a small business concern under this 
     section unless the small business concern has provided all 
     information required under this subsection and available at 
     the time with respect to the award under which the payment is 
     made, and with respect to any other award under this section 
     previously received by the small business concern or a 
     predecessor in interest to the small business concern.
       ``(B) Apportionment.--In complying with this paragraph, a 
     small business concern may apportion sales or additional 
     investment information relating to more than one second phase 
     award among those awards, if it notes the apportionment for 
     each award.
       ``(C) Annual updates upon termination.--A small business 
     concern receiving an award under this section shall--
       ``(i) in the case of a second phase award, update 
     information in the databases required under paragraphs (2) 
     and (6) concerning that award at the termination of the award 
     period;
       ``(ii) in the case of award recipients not described in 
     clause (iii), be requested to voluntarily update such 
     information annually thereafter for a period of 5 years; and
       ``(iii) in the case of a small business concern applying 
     for a subsequent first phase or second phase award, be 
     required to update such information annually thereafter for a 
     period of 5 years.''; and
       (3) by adding at the end the following new paragraph:
       ``(6) Agency program evaluation databases.--Each Federal 
     agency required to establish an SBIR or STTR program under 
     this section shall develop and maintain, for the purpose of 
     evaluating such programs, a database containing information 
     required to be contained in the database under paragraph (2). 
     Each such database shall be designed to be accessible to 
     other agencies that are required to maintain a database under 
     this paragraph. Each such database shall be developed and 
     operated in a manner to ensure that each such database is 
     relevant to and contributes to the agency's oversight and 
     evaluation of the SBIR and STTR programs. Paragraphs (4) and 
     (5) apply to each database under this paragraph.''.

     SEC. 407. AGENCY DATABASES TO SUPPORT TECHNOLOGY UTILIZATION.

       Section 9(k) of the Small Business Act (15 U.S.C. 638(k)), 
     as amended, is further amended by adding at the end the 
     following new paragraph:
       ``(7) Agency databases to support technology utilization.--
     Each Federal agency with an SBIR or STTR program shall create 
     and maintain a technology utilization database, which shall 
     be available to the public and shall contain data supplied by 
     the award recipients specifically to help them attract 
     customers for the products and services generated under the 
     SBIR or STTR project, and to attract additional investors and 
     business partners. Each database created under this paragraph 
     shall include information on the other databases created 
     under this paragraph by other Federal agencies. Participation 
     in a database under this paragraph shall be voluntary, except 
     that such participation is required of all award recipients 
     who received supplemental payments from SBIR and STTR program 
     funds above their initial Phase II award. Each database 
     created under this paragraph shall be developed and operated 
     in a manner to ensure that each such database is relevant to 
     and contributes to the agency's oversight and evaluation of 
     the SBIR and STTR programs.''.

     SEC. 408. INTERAGENCY POLICY COMMITTEE.

       (a) Establishment.--The Director of the Office of Science 
     and Technology Policy shall establish an Interagency SBIR/
     STTR Policy Committee comprised of one representative from 
     each Federal agency with an SBIR program and the Office of 
     Management and Budget.
       (b) Cochairs.--The Director of the Office of Science and 
     Technology Policy and the Director of the National Institute 
     of Standards and Technology shall jointly chair the 
     Interagency SBIR/STTR Policy Committee.
       (c) Duties.--The Interagency SBIR/STTR Policy Committee 
     shall review the following issues and make policy 
     recommendations on ways to improve program effectiveness and 
     efficiency:
       (1) The public and government databases described in 
     section 9(k) (1) and (2) of the Small Business Act (15 U.S.C. 
     638(k) (1) and (2)).
       (2) Federal agency flexibility in establishing Phase I and 
     II award sizes, and appropriate criteria to exercise such 
     flexibility.
       (3) Commercialization assistance best practices in Federal 
     agencies with significant potential to be employed by other 
     agencies, and the appropriate steps to achieve that leverage, 
     as well as proposals for new initiatives to address funding 
     gaps business concerns face after Phase II but before 
     commercialization.
       (4) Development and incorporation of a standard evaluation 
     framework to enable systematic assessment of SBIR and STTR, 
     including through improved tracking of awards and outcomes 
     and development of performance measures for individual agency 
     programs.
       (d) Reports.--The Interagency SBIR/STTR Policy Committee 
     shall transmit to the Committee on Science and Technology and 
     the Committee on Small Business of the House of 
     Representatives, and to the Committee on Small Business and 
     Entrepreneurship of the Senate--
       (1) a report on its review and recommendations under 
     subsections (c)(1) and (c)(4) not later than 1 year after the 
     date of enactment of this Act;
       (2) a report on its review and recommendations under 
     subsection (c)(2) not later than 18 months after the date of 
     enactment of this Act; and
       (3) a report on its review and recommendations under 
     subsection (c)(3) not later than 2 years after the date of 
     enactment of this Act.

     SEC. 409. NATIONAL RESEARCH COUNCIL SBIR STUDY.

       Section 108(d) of the Small Business Reauthorization Act of 
     2000 (15 U.S.C. 638 note), enacted into law by reference 
     under section 1(a)(9) of the Consolidated Appropriations Act, 
     2001 (Public Law 106-554), is amended--
       (1) by striking ``of the Senate'' and all that follows 
     through ``not later than 3'' and inserting ``of the Senate, 
     not later than 3''; and
       (2) by striking ``; and'' and all that follows through 
     ``update of such report''.

     SEC. 410. EXPRESS AUTHORITY TO ``FAST-TRACK'' PHASE TWO 
                   AWARDS FOR PROMISING PHASE ONE RESEARCH.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(ii) Authority To `Fast-track' Phase Two Awards for 
     Promising Phase One Research.--To address the delay between 
     an award for the first phase of an SBIR program and the 
     application for and extension of an award for the second 
     phase of such program, each Federal agency with an SBIR 
     program may develop `fast-track' programs to eliminate such 
     delay by issuing second phase SBIR awards as soon as 
     practicable, including in appropriate cases simultaneously 
     with the issuance of the first phase SBIR award. The 
     Administrator shall encourage the development of such `fast-
     track' programs.''.

     SEC. 411. INCREASED SBIR AND STTR AWARD LEVELS.

       (a) SBIR Award Level and Annual Adjustments.--Section 9(j) 
     of the Small Business Act (15 U.S.C. 638(j)) is amended by 
     adding at the end the following:
       ``(4) Further Additional Modifications.--Not later than 180 
     days after the date of enactment of this paragraph and 
     notwithstanding paragraph (2)(D), the Administrator shall 
     modify the policy directives issued pursuant to this 
     subsection to provide for an increase to $250,000 in the 
     amount of funds which an agency may award in the first phase 
     of an SBIR program, and to $2,000,000 in the second phase of 
     an SBIR program, and a mandatory annual adjustment of such 
     amounts to reflect economic adjustments and programmatic 
     considerations.''.
       (b) STTR Award Level and Annual Adjustments.--Section 
     9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 
     638(p)(2)(B)(ix)) is amended--
       (1) by striking ``$100,000'' and ``$750,000'' and inserting 
     ``$250,000'' and ``$2,000,000'', respectively; and
       (2) by striking ``greater or lesser amounts'' and inserting 
     ``with a mandatory annual adjustment of such amounts to 
     reflect economic adjustments and programmatic considerations, 
     and with lesser amounts''.
       (c) Limitation on Certain Awards.--Section 9 of the Small 
     Business Act (15 U.S.C. 638), as amended, is further amended 
     by adding at the end the following:
       ``(jj) Limitation on Phase I and II Awards.--No Federal 
     agency shall issue an award under the SBIR program or the 
     STTR program if the size of the award exceeds the amounts 
     established under subsections (j)(4) and (p)(2)(B)(ix).''.

     SEC. 412. EXPRESS AUTHORITY FOR AN AGENCY TO AWARD SEQUENTIAL 
                   PHASE TWO AWARDS FOR SBIR-FUNDED PROJECTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:

[[Page 17075]]

       ``(kk) Requirements Relating to Additional Second Phase 
     SBIR Awards.--
       ``(1) In general.--A small business concern that receives a 
     second phase SBIR award for a project remains eligible to 
     receive additional second phase SBIR awards for such project.
       ``(2) Technical or weapons systems.--Agencies are expressly 
     authorized to provide additional second phase SBIR awards for 
     testing and evaluation assistance for the insertion of SBIR 
     technologies into technical or weapons systems.''.

     SEC. 413. FIRST PHASE REQUIRED.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(ll) First Phase Required.--Under this section, a Federal 
     agency shall provide to a small business concern an award for 
     the second phase of an SBIR program with respect to a project 
     only if such agency finds that the small business concern has 
     been provided an award for the first phase of an SBIR program 
     with respect to such project or has completed the 
     determinations described in subsection (e)(4)(A) with respect 
     to such project despite not having been provided an award for 
     the first phase.''.

     SEC. 414. INVOLVEMENT OF CHIEF COUNSEL FOR ADVOCACY.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(mm) Involvement of Chief Counsel for Advocacy.--The 
     Chief Counsel for Advocacy, as described in section 201 of 
     Public Law 94-305 (15 U.S.C. 634a), and any individual 
     reporting to the Chief Counsel for Advocacy, without regard 
     to whether such individual was hired under section 204 of 
     Public Law 94-305 (15 U.S.C. 634d), may not provide to the 
     Administrator, to any individual who reports directly or 
     indirectly to the Administrator, or to any Federal agency any 
     advice, guidance, oversight, or review with respect to the 
     programs authorized under this section.''.

  The CHAIR. No amendment to the committee amendment is in order except 
those printed in House Report 111-192. Each amendment may be offered 
only in the order printed in the report, by a Member designated in the 
report, shall be considered read, shall be debatable for the time 
specified in the report, equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. The proponent 
of such amendment may modify its amendatory instructions before the 
question is put thereon.


         Amendment No. 1 Offered by Ms. Velazquez, as Modified

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
House Report 111-192.
  Ms. VELAZQUEZ. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Ms. Velazquez:
       Page 7, line 10, strike ``section 3(c)(1)'' and insert 
     ``subsection (a)(1) of section 3''.
       Page 7, line 11, strike ``80a-3(c)(1)'' and insert ``80a-
     3''.
       Page 7, beginning line 13, strike ``it is beneficially 
     owned by less than 100 persons'' and insert ``of an exemption 
     under subsection (c)(1) or subsection (c)(7) of such 
     section''.
       Add at the end of the bill the following:

     SEC. 415. MINORITY INSTITUTION PROGRAM.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(nn) Minority Institution Program.--
       ``(1) Establishment.--From amounts made available to carry 
     out this subsection, the Administrator shall establish and 
     carry out a program to make grants to minority institutions 
     that partner with nonprofit organizations that have 
     experience developing relationships between industry, 
     minority institutions, and other entities, for the purpose of 
     increasing the number of SBIR and STTR program applications 
     by minority-owned small businesses.
       ``(2) Application.--To be eligible to receive a grant under 
     paragraph (1), a minority institution shall submit an 
     application to the Administrator at such time, in such 
     manner, and containing such information and assurances as the 
     Administrator may require.
       ``(3) Matching requirement.--As a condition of a grant 
     under paragraph (1), the Administrator shall require that a 
     minority institution provide a matching amount from a source 
     other than the Federal Government that is equal to the amount 
     of the grant.
       ``(4) Minority institution defined.--In this subsection, 
     the term `minority institution' has the meaning given that 
     term in section 365(3) of the Higher Education Act of 1965 
     (20 U.S.C. 1067k(3)).
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $4,000,000 
     for each of fiscal years 2010 and 2011.''.
       Add at the end of the bill the following:

     SEC. 416. AREAS THAT HAVE LOST A MAJOR SOURCE OF EMPLOYMENT.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(oo) Areas That Have Lost a Major Source of Employment.--
     In making awards under this section, Federal agencies shall 
     give priority to applications so as to increase the number of 
     SBIR and STTR award recipients from geographic areas 
     determined by the Administrator to have lost a major source 
     of employment.''.
       Add at the end of the bill the following:

     SEC. 417. ENHANCING VETERAN PARTICIPATION IN SBIR.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(pp) Enhancing Veteran Participation in SBIR.--
     Notwithstanding any other provision of this section, a small 
     business concern owned and controlled by veterans may--
       ``(1) receive an award in the amount of $300,000 in the 
     first phase of an SBIR program and in the amount of 
     $2,250,000 in the second phase of an SBIR program, with such 
     amounts able to be exceeded if the Federal agency making the 
     award notifies the Administrator of such excess; and
       ``(2) receive an award for the second phase of an SBIR 
     program with respect to a project without having received a 
     first phase award with respect to such project.''.
       Page 13, line 7, strike ``met and a'' and insert ``met, 
     a''.
       Page 13, line 8, insert after ``such data'' the following: 
     ``, and a description of the reasons why the goals were met 
     or not met''.
       Page 8, line 7, insert ``renewable'' before ``energy-
     related''.
       Page 8, line 16, after ``priorities'' insert ``(including 
     renewable energy-related technologies)''.
       Add at the end of the bill the following:

     SEC. 418. VETERAN PREFERENCE.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended, is further amended by adding at the end the 
     following:
       ``(qq) Veteran Preference.--In making awards under this 
     section, Federal agencies shall give priority to applications 
     so as to increase the number of SBIR and STTR award 
     recipients that are small business concerns owned and 
     controlled by veterans.''.
       Add at the end of the bill the following:

        TITLE V--IMPROVING WATER USE AND TRANSMISSION TECHNOLOGY

     SEC. 501. IMPROVING WATER USE AND TRANSMISSION TECHNOLOGY.

       Not later than 1 year after the date of the enactment of 
     this Act, Federal agencies with an SBIR program, as 
     appropriate, shall jointly develop and issue a small business 
     innovation research solicitation that requests research 
     proposals with respect to improving the efficiency of water 
     delivery systems and usage patterns in the United States and 
     its territories through the use of technology.
       Page 16, line 19, strike ``both'' and insert ``more''.
       Page 17, after line 3, insert the following:
       ``(C) Small business concerns owned and controlled by 
     Native Americans.
       Page 22, line 8, strike ``Rural preference'' and insert 
     ``Preferences''.
       Page 22, line 12, strike ``Rural preference'' and insert 
     ``Preferences''.
       Page 22, line 15, strike ``from rural areas.'' and insert 
     ``that are from rural areas, or that are small business 
     concerns owned and controlled by Native Americans. The 
     Administrator shall submit an annual report to Congress 
     setting forth how many small business concerns owned and 
     controlled by Native Americans were recipients of assistance 
     under this section.''.
       Page 17, after line 3, insert the following:
       ``(D) Small business concerns located in geographic areas 
     with an unemployment rate that exceeds the national 
     unemployment rate.
       Page 19, line 24, insert after ``geographic area'' the 
     following: ``(including geographic areas with an unemployment 
     rate that exceeds the national unemployment rate)''.
       Page 22, line 15, insert after ``recipients'' the 
     following: ``that are from areas with an unemployment rate 
     that exceeds the national unemployment rate,''.

  The CHAIR. Pursuant to House Resolution 610, the gentlewoman from New 
York (Ms. Velazquez) and a Member opposed each will control 15 minutes.
  The Chair recognizes the gentlewoman from New York.
  Ms. VELAZQUEZ. Pursuant to the rule, I send to the desk a 
modification to amendment No. 1.
  The CHAIR. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment No. 1 offered by Ms. Velazquez:
       The fourth amendatory instruction on page 4 is amended by 
     striking ``line 16'' and inserting ``line 15''.
       The second amendatory instruction on page 5 is amended by 
     striking ``line 19'' and inserting ``line 17''.
       The third amendatory instruction on page 5 is amended by 
     striking ``line 3'' and inserting ``line 2''.
       The fourth amendatory instruction on page 5 is amended by 
     striking ``line 8'' and inserting ``line 4''.

[[Page 17076]]

       The fifth amendatory instruction on page 5 is amended by 
     striking ``line 12'' and inserting ``line 8''.
       The first amendatory instruction on page 6 is amended by 
     striking ``line 15'' and inserting ``line 11''.
       The second amendatory instruction on page 6 is amended by 
     striking ``line 3'' and inserting ``line 2''.
       The third amendatory instruction on page 6 is amended by 
     striking ``line 24'' and inserting ``line 22'' and by 
     striking ``geographic area'' and inserting ``area''.
       The fourth amendatory instruction on page 6 is amended by 
     striking ``line 15'' and inserting ``line 11''.

  Ms. VELAZQUEZ (during the reading). Mr. Chairman, I ask unanimous 
consent to suspend the reading.
  The CHAIR. Is there objection to the request of the gentlewoman from 
New York?
  There was no objection.
  The CHAIR. The amendment is modified.
  Ms. VELAZQUEZ. Mr. Chairman, the manager's amendment makes technical 
and conforming changes to the underlying legislation. It also 
incorporates several important amendments offered by Members.
  I would like to thank these Members for their contributions: Mr. 
Barrow, Mr. Boren, Mr. Boswell, Ms. Sutton, Mr. Cardoza, Mr. Childers, 
Mrs. Dahlkemper, Mrs. Kirkpatrick, Mr. Kratovil, Ms. Markey, Mr. 
McNerney, Ms. McCollum and Mr. Perlmutter.
  Because of their contributions, we have a stronger bill before us 
today. The provisions that are included in the manager's amendment will 
foster what we are doing to help veteran small businesses. As a new 
generation of veterans returns home from the current conflicts in Iraq 
and Afghanistan, many of them will be seeking opportunities through 
entrepreneurship. Veterans are often well suited to be small business 
owners.
  The manager's amendment will also enhance our outreach to women- and 
minority-owned businesses. Diversity has always been our Nation's 
greatest strength. By expanding the diversity of the firms that compete 
for SBIR grants, we will strengthen the overall SBIR program. The same 
can be said about the provisions in the manager's amendment that will 
encourage greater participation by rural businesses. Drawing these 
companies into the program will mean more ideas and better ideas.
  In addition to encouraging greater diversity among participating 
firms, the manager's amendment targets SBIR and STTR groups toward a 
number of pressing problems where innovation and research are badly 
needed. For instance, language in the amendment clarifies that the 
programs shall make renewable energy a priority. Small businesses are 
already leading the way in constructing a green economy, and this 
provision will build on that success.
  Lastly, the manager's amendment improves oversight. The 111th 
Congress has made oversight one of our top priorities to ensure that 
taxpayers' dollars are spent wisely and well.
  This amendment continues that effort. SBIR and STTR are two of our 
Nation's most successful programs. It is our goal to ensure they 
continue functioning smoothly and effectively.
  Mr. Chairman, I strongly encourage my colleagues to support this 
amendment.
  I reserve the balance of my time.
  Mr. GRAVES. Mr. Chairman, I rise to claim time in opposition to the 
amendment, even though I do not oppose the amendment.
  The CHAIR. Without objection, the gentleman from Missouri is 
recognized for 15 minutes.
  There was no objection.
  Mr. GRAVES. The gentlelady's amendment makes some needed technical 
changes to the bill. In addition, the amendment incorporates some 
suggestions from other House Members that will enhance the operations 
of the SBIR and STTR programs.
  I thank the chairwoman for her thoughtful consideration in the 
development of this amendment.
  I yield back the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I yield 3 minutes to the gentlelady from 
Pennsylvania (Mrs. Dahlkemper).
  Mrs. DAHLKEMPER. I would like to thank Chairwoman Velazquez and 
Ranking Member Graves for their leadership in bringing this legislation 
forward, and I rise today in strong sport of the manager's amendment to 
H.R. 2965.
  The manager's amendment makes a number of very good changes to the 
base bill, including my amendment on water conservation technology. My 
amendment would improve the efficiency of water delivery systems and 
usage patterns in the United States by including this as a topic for 
one of the small business innovation research solicitations.
  Water scarcity is a growing concern throughout the United States. 
Multiyear droughts continue to plague regions and States around the 
country, including the Southeast, Texas, and California. For many 
municipalities, intense competition for water and diminished supplies 
will force local water agencies to make difficult decisions on water 
allocations to protect essential ecosystem services. This includes 
implementing tough restrictions that could harm our agriculture 
industry while diminishing economic growth and job creation.
  In order for our country to achieve a more sustainable future for our 
children, we must act now to conserve one of our most precious 
resources, our water supply. By improving the technology of our water 
delivery systems, we can maximize our limited water resources and 
reduce our energy use.
  Again, I thank the chairwoman for including this in her amendment, 
and I urge my colleagues to join me in support of this amendment's 
adoption.
  Ms. VELAZQUEZ. Mr. Chairman, I yield 2 minutes to the gentleman from 
Iowa (Mr. Boswell).
  Mr. BOSWELL. Thank you, Madam Chairman, for allowing me to share this 
moment.
  I rise in support of this legislation and the manager's amendment, 
the manager's amendment because the Enhancing Small Business Research 
and Innovation Act holds great promise for our Nation's most innovative 
minds and creative entrepreneurs.
  In particular, I would like to thank the chairwoman for including in 
the manager's amendment language that will give priority for SBIR and 
STTR grants to applicants in areas that have suffered the loss of a 
major source of employment.
  Having worked with Congresswoman Sutton to pass these provisions in 
the 2008 reauthorization when it was considered by the full House, I 
know that both of us are very pleased this language has made its way to 
the floor again this year.
  Almost 2 years ago, Maytag Corporation in Newton, Iowa, a town of 
15,500 people, manufactured its last machine after being purchased by 
its larger competitor, losing more than 2,000 good-paying family jobs. 
Since then, this town has worked hard to rebuild itself, create jobs 
for the people of Newton and its surrounding communities.
  Unfortunately, though, similar stories still devastate towns in my 
district, my State, and our country and yours as well. Local shops are 
closing doors, factories are being put out, and too many hardworking 
Americans have lost their jobs.
  This bill will bring new jobs to towns whose hard leadership has been 
forced to close doors on its consumers and its employees. It will 
provide employment for those individuals who worked on the assembly 
line 50 miles down the road welding the frames.
  The ongoing effects of bankrupt companies and lost liquidity are 
placing damaging effects on workers in all districts, on people who 
found pride in their jobs and now just want to provide for their 
families.
  By enhancing and reauthorizing the SBIR and STTR program, we will put 
moms and dads back to work so they can put food on the table and pay 
the bills. College students graduating with debt will have increased 
opportunities in their communities, and we will tap into some of the 
most industrious and ambitious minds in America.
  By passing this legislation today, we will empower other districts 
and provide our constituents with the resources they need to rebuild 
their communities.

[[Page 17077]]

  I urge my colleagues to support this underlying bill and the 
manager's amendment.
  Ms. VELAZQUEZ. Mr. Chairman, I yield 2 minutes to the gentleman from 
California (Mr. McNerney).
  Mr. McNERNEY. Mr. Chairman, the Small Business Innovative Research 
Program and the Small Business Technology Transfer Program have helped 
countless small businesses find funding opportunities in the science 
and technology sectors. That's why I am proud to rise in support of 
H.R. 2965, the Enhancing Small Business Research and Innovation Act of 
2009, and the manager's amendment offered by Chairwoman Velazquez. I am 
also pleased that the chairwoman's amendments include improvements 
include an amendment that I submitted to make sure that the SBIR 
program is accessible to businesses located in the areas that have been 
most hard hit by the economic downturn.
  The State of California suffers from unemployment exceeding the 
national rate, and the San Joaquin Valley, a portion of which I am 
honored to represent, has been particularly hard hit.
  The language I wrote ensures that organizations receiving funding to 
help small businesses access SBIR opportunities are able to direct 
their efforts towards companies located in the areas with the highest 
unemployment.
  I have worked closely on this issue with my colleagues, Mr. Cardoza 
and Mr. Childers, and I would also like to thank them for their hard 
work and support.
  I am fortunate to travel home to California nearly every single 
weekend. I have met with innovative small business owners whose product 
promised to change our country for the better. The manager's amendment 
will help small businesses in the San Joaquin Valley and elsewhere 
enjoy the full benefits of the SBIR Program. I am proud to support its 
passage.
  Ms. VELAZQUEZ. I urge adoption of the manager's amendment, and I 
yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from New York (Ms. Velazquez), as modified.
  The amendment, as modified, was agreed to.

                              {time}  1330


      Amendment No. 2 Offered by Ms. Ginny Brown-Waite of Florida

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
House Report 111-192.
  Ms. GINNY BROWN-WAITE of Florida. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Ms. Ginny Brown-Waite of 
     Florida:
       Add at the end of the bill the following:

 TITLE V--GAO STUDY WITH RESPECT TO VENTURE CAPITAL OPERATING COMPANY 
                              INVOLVEMENT

     SEC. 501. GAO STUDY WITH RESPECT TO VENTURE CAPITAL OPERATING 
                   COMPANY INVOLVEMENT.

       The Comptroller General of the United States shall carry 
     out a study of the impact of requirements relating to venture 
     capital operating company involvement under section 9(aa) of 
     the Small Business Act, as added by section 102 of this Act. 
     Not later than 1 year after the date of the enactment of this 
     Act, the Comptroller General shall submit to Congress a 
     report on the results of the study.

  The CHAIR. Pursuant to House Resolution 610, the gentlewoman from 
Florida (Ms. Ginny Brown-Waite) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentlewoman from Florida.
  Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I rise today first to 
applaud the House for working on legislation that is designed 
specifically to help small businesses. It is the most important thing 
that Congress can do for the economy, and I thank the chairwoman and 
the ranking member for their hard work on this issue.
  I also rise today to bring one provision in the bill that will surely 
influence the effectiveness of the SBIR and STTR programs--either for 
good or ill.
  Section 102 mandates that no single venture capital firm may own more 
than 49 percent of a small business for that small business to be 
eligible to participate in these programs. Multiple venture capital 
companies, however, in aggregate, may own a majority of the shares, but 
no single firm may have a controlling interest.
  In essence, section 102 attempts to strike a balance between the two 
concerns. On the one hand, Congress does not want large venture capital 
firms scavenging and acquiring a large number of small businesses 
simply to take advantage of Federal tax dollars. On the other hand, 
Congress has an interest in making sure that any otherwise eligible 
small business is not unnecessarily excluded from participating simply 
because it has received all or a majority of its funding from a single 
angel, of sorts, investor.
  Preventing large firms from ``gaming'' the system is the correct goal 
in my view, and I appreciate the committee's work to address this 
problem. Yet, Congress must do everything possible to ensure that we 
are not letting our pursuit of the perfect affect our ability to 
achieve the goals of this legislation.
  Simply put, my amendment directs GAO to conduct a study on the effect 
that this ownership restriction has on participation. This will help 
Congress to determine if the right balance has been struck.
  The bottom line, Mr. Chairman, is that in far too many cases 
thoughtful and well-intended programs to assist small businesses have 
been unnecessarily hampered by arbitrary rules and restrictions that 
made sense at first glance.
  The SBA's ARC loan program, for instance, which provides 100 percent 
guarantees for small business loans had been hampered because despite 
the guarantee, many banks are refusing, most banks are actually 
refusing to participate. Banks are being forced to hoard capital to 
satisfy stress test requirements, and while those requirements make 
sense for regulators, they inhibit the government's ability to 
administer its small business programs.
  As my colleagues know, small businesses accounted for 70 percent of 
new job growth over the last 10 years. It is critical that Congress get 
these small business programs right and that they are implemented 
quickly. Over the long term, Congress must continue to do everything to 
support entrepreneurs through thoughtful policy and resist the 
temptation to replace them with bureaucrats.
  This, Mr. Chairman, is a program that supports entrepreneurs, and I 
think that we owe it to them to make sure that the program is as 
effective as possible; and if it is not, to fix it until we get it 
right.
  I believe this legislation has a chance to do what Congress should 
have done from the start in this economic crisis, and that is to help 
small businesses. However, if in a month from now Congress turns around 
and institutes employer mandates and taxes the health care benefits 
provided by small business owners, the House will again have taken a 
step back in supporting the recovery and growth of small businesses.
  I urge the House's adoption of this amendment.
  I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, while not opposed to the amendment, I 
ask unanimous consent to claim the time in opposition.
  The CHAIR. Without objection, the gentlewoman from New York is 
recognized for 5 minutes.
  There was no objection.
  Ms. VELAZQUEZ. Mr. Chairman, in the 111th Congress, this body has 
made oversight a top priority. Accountability is critical to the 
legislative process, and it is the principle that the Small Business 
Committee has consistently worked to promote. So I thank the gentlelady 
from Florida for this amendment.
  As I mentioned, my colleagues and I on the Small Business Committee 
have conducted a great deal of oversight. We have collaborated with GAO 
in the past, and I know they do good work. So I would be particularly 
interested to see them do a study on the effects of venture capital 
investment in the SBIR program.
  In particular, I think it would be useful for all of Congress to 
understand

[[Page 17078]]

how both this legislation as well as the 2003 ruling blocking venture 
capital participation has affected the SBIR program. These questions 
are critical to our continued oversight of these initiatives, and I 
thank the gentlelady for her efforts in this area.
  I think a study will shed light on the role that venture capital 
plays in the high-tech arena. For many small firms, access to capital 
is critical, and it is often equity investment that allows a small 
business to advance their research to the marketplace.
  A recent study by the National Research Council, which this GAO 
investigation would complement, found that restricting venture capital 
investment adversely affected the most promising firms. GAO has the 
broad capabilities to investigate the impact of this legislation and 
the SBA's regulation in this area, across all SBIR agencies. This 
comprehensive review will shed light on both the historical patterns of 
venture capital financing throughout the program, and whether certain 
agencies are embracing such investment.
  Like Ms. Brown-Waite, I am committed to keeping SBIR and STTR small 
business programs. I believe that this study will help ensure this. 
With the economy facing so many challenges, expanding access to capital 
for small businesses has never been more important.
  I yield to the gentleman from Missouri (Mr. Graves) for any thoughts 
he may have.
  Mr. GRAVES. Thank you, Madam Chair.
  Mr. Chairman, I rise today in support of the amendment offered by the 
gentlewoman from Florida. I believe that an independent review of the 
SBIR and STTR programs by a trusted arm of Congress, the GAO, will 
prove beneficial when we reauthorize this program in a few years.
  In conducting this study, I expect that the GAO will take its normal 
unbiased view without any preconceived notions on the value of the 
programs or the changes that we have made to them in H.R. 2965.
  Mr. Chairman, I appreciate the gentlelady yielding.
  Ms. VELAZQUEZ. Mr. Chairman, if the gentlelady is prepared to yield 
back, we are prepared to accept the amendment.
  Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I appreciate the 
gentlelady from New York working with me on this amendment as a former 
New Yorker and as somebody who wants to make sure that this bill works. 
I really appreciate it.
  I yield back the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I urge adoption of this amendment, and I 
yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Florida (Ms. Ginny Brown-Waite).
  The amendment was agreed to.


           Amendment No. 3 Offered by Ms. Kosmas, as Modified

  The CHAIR. It is now in order to consider amendment No. 3 printed in 
House Report 111-192.
  Ms. KOSMAS. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Ms. Kosmas:
       Page 14, after line 4, insert the following:
       ``(2) Space shuttle program.--Each agency required to 
     establish a commercialization program under paragraph (1) and 
     that carries out construction, assembly, or research and 
     development activities with respect to the space shuttle 
     program (also known as the space transportation system) shall 
     include, as part of such commercialization program, 
     activities to assist small business concerns affected by the 
     termination of the space shuttle program to commercialize 
     technologies through SBIR. Activities to assist such small 
     business concerns may include activities described in 
     paragraph (1) and other activities to assist small business 
     concerns making the transition from work relating to the 
     space shuttle program to work in related or unrelated 
     industries.
       Page 14, line 5, strike ``(2)'' and insert ``(3)''.
       Page 14, line 24, strike ``(3)'' and insert ``(4)''.
       Page 15, line 1, strike ``paragraphs (1) and (2)'' and 
     insert ``this subsection''.

  The CHAIR. Pursuant to House Resolution 610, the gentlewoman from 
Florida (Ms. Kosmas) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from Florida.
  Ms. KOSMAS. Mr. Chairman, pursuant to the rule, I send to the desk a 
modification of amendment No. 3.
  The CHAIR. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment No. 3 offered by Ms. Kosmas:
       The third amendatory instruction is amended by striking 
     ``line 24'' and inserting ``line 23''.
       The fourth amendatory instruction is amended by striking 
     ``Page 15, line 1'' and inserting ``Page 14, line 25''.

  The CHAIR. The amendment is modified.
  Ms. KOSMAS. Mr. Chairman, I yield myself such time as I may consume.
  I rise in support of my amendment to H.R. 2965, the Enhancing Small 
Business Research and Innovation Act of 2009. I would like to thank the 
chairwoman for her support of this important amendment, which will 
assist small businesses in my District and across the Nation that 
support NASA's space shuttle program.
  With suppliers in nearly every State, the retirement of the space 
shuttle program will have a significant economic impact. In my district 
alone, over 300 businesses work with NASA and these small businesses 
had over $200 million in contracts last year.
  This amendment will provide that these businesses have the 
opportunity to commercialize and that they get assistance in doing so 
so that they can continue to thrive and contribute to our economy 
following the expiration of the shuttle program. The contributions the 
shuttle program has made to our economy and to the improvement of our 
everyday lives are countless, and we must continue to utilize the 
knowledge, innovation, and unique workforce that has supported NASA 
throughout the years. Helping small businesses by increasing their 
potential to produce products for the marketplace will ensure that this 
exceptional workforce and this small business sector will not be 
dispersed and lost, but will be able to continue developing vital 
technologies and growing our economy.
  NASA's innovative partnerships program has a strong history of 
engaging small businesses in developing technology for NASA needs and 
transferring that technology to the public benefit. In 2008, NASA's 
SBIR awards went to 205 firms spanning 31 States. NASA also identified 
1,110 newly developed technologies last year that could lead to 
patenting and to transfer. Technologies developed by and for NASA lead 
to new products deployed to the fields of health and medicine, 
transportation, public safety, agriculture, industrial productivity, 
and of course computer technology.
  Helping small businesses affected by the retirement of the shuttle 
program transition to work in related or unrelated industries will 
encourage cutting-edge research and development and preserve the unique 
workforce which has made us the world leader in innovation.
  I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, while I am not opposed to the amendment, 
I ask unanimous consent to claim the time in opposition.
  The CHAIR. Without objection, the gentlewoman from New York is 
recognized for 5 minutes.
  There was no objection.
  Ms. VELAZQUEZ. Space exploration has long been a symbol of American 
innovation. Today, we are in the process of unwinding one of our most 
high-profile efforts in that arena. In the next year, NASA's space 
shuttle project will retire for good. As the program comes to an end, 
so will an estimated 8,000 contracting jobs. While the project is 
shutting down, its contractors and the innovation behind it shouldn't 
have to.
  In the past, these firms contributed a great deal to NASA's space 
shuttle program. I believe they can do the same for other Federal 
agencies, and for other space initiatives such as the Mars Lander 
project. That is why Ms. Kosmas's amendment is so important.
  By retooling their operations and seeking new markets, space shuttle 
contractors can continue to offer high-

[[Page 17079]]

wage jobs to countless Americans, all while maintaining their 
commitment to science and technology.
  This amendment offers transitional assistance to displaced firms, 
helping them identify and vie for other R&D projects. In doing so, it 
will ensure that even with the loss of the program, we don't lose our 
most innovative businesses.
  I urge the adoption of this amendment.
  I yield to the gentleman from Missouri (Mr. Graves) for any comments 
he wishes to make.
  Mr. GRAVES. Thank you, Madam Chair.
  I rise today in support of the amendment from the gentlelady from 
Florida. The space program has and continues to create new and exciting 
technologies, often by small businesses. The amendment will ensure that 
the creative ideas associated with the development of the space shuttle 
will not be lost and will be transferred to other new technologies.
  I thank the gentlelady for the amendment.
  Ms. VELAZQUEZ. We are prepared to accept the amendment.
  Ms. KOSMAS. Mr. Chairman, I urge adoption, and I yield back the 
balance of my time.
  Ms. VELAZQUEZ. I urge adoption of the amendment, and I yield back the 
balance of my time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Florida (Ms. Kosmas), as modified.
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Ms. KOSMAS. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentlewoman from Florida will be 
postponed.

                              {time}  1345


          Amendment No. 4 Offered by Mr. Reichert, as Modified

  The CHAIR. It is now in order to consider amendment No. 4 printed in 
House Report 111-192.
  Mr. REICHERT. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Reichert:
       Page 20, after line 2, insert the following new 
     subparagraph and redesignate subparagraphs (B) through (D) in 
     lines 3 through 14 as (C) through (E) respectively:
       ``(B) criteria designed to give preference (i) to 
     applicants serving underrepresented States and regions and 
     (ii) to applicants who are women-, service-disabled veterans-
     , or minority-owned.''.

  The CHAIR. Pursuant to House Resolution 610, the gentleman from 
Washington (Mr. Reichert) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. REICHERT. Mr. Chairman, pursuant to the rule, I send to the desk 
a modification of amendment No. 4.
  The CHAIR. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment No. 4 offered by Mr. Reichert:
       The amendatory instruction is amended to read as follows: 
     ``Page 20, line 1, insert the following new subparagraph and 
     redesignate subparagraphs (B) through (D) on lines 1 through 
     12 as (C) through (E) respectively:''.

  The CHAIR. The amendment is modified.
  Mr. REICHERT. Mr. Chairman, I am pleased to offer this commonsense, 
bipartisan amendment with my colleague from Washington (Mr. Smith).
  Our amendment directs the Small Business Administration to prioritize 
giving grants used for outreach to disadvantaged small businesses to be 
given to similar organizations that can empathize and understand them.
  Outreach to underserved areas and disadvantaged small businesses is 
essential. I have found, in my district and in my State, that many 
small businesses are completely unaware of the resources available to 
them and often incur unnecessary costs trying to navigate a complex 
government system just to apply for assistance.
  Outreach and assistance can mean so much more when someone who 
overcame that same difficulty has an understanding of the needs of 
these disadvantaged small businesses and reaches out to them with a 
helping hand. For example, a wounded warrior may come home and start up 
a new business and go through all the processes, and I've heard many a 
frustrating story from those men and women who return home trying to 
get their lives back on track as they come back from serving our 
country. They really have a grasp as to what's been happening and how 
they achieved their goals, and so the intent of this legislation is so 
those people--wounded warriors, women, and those who represent 
minority-owned businesses--can reach out to those people and help them 
build their own business, create job opportunities for their families, 
and also create job opportunities for families across this country.
  We all know that small businesses really generate the jobs in this 
country. Ninety-four percent of the jobs in Washington State are 
provided by small businesses, so this piece of legislation, Mr. 
Chairman, is absolutely essential.
  I have a young wounded warrior working in my office who did two tours 
in Iraq and one in Afghanistan who fully understands what it's like to 
come back home and go through the process of receiving health care and 
finding a job here when he returned to his home. Zach is there to help 
those wounded warriors as they call in to the office, and he can help 
them because he understands because he has been there, done that.
  I would encourage my colleagues to support this commonsense, 
bipartisan amendment to help those people that we all respect and 
admire so greatly to find jobs and create businesses in their own 
communities.
  Mr. Chairman, I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, while not opposed to the amendment, I 
ask unanimous consent to claim the time in opposition.
  The CHAIR. Without objection, the gentlewoman from New York is 
recognized for 5 minutes.
  There was no objection.
  Ms. VELAZQUEZ. Mr. Chairman, the legislation that we're debating 
today is designed to expand the pool of businesses that participate in 
the SBIR program. That is why this bill provides grants to economic 
development organizations so that they can educate rural entrepreneurs 
as well as businesses owned by women, minorities, and veterans about 
SBIR. By expanding the set of businesses that compete for grants and 
contribute creative ideas, we can further spur innovation and encourage 
the development of new, better products.
  The amendment offered by the gentleman from Washington strengthens 
this part of the bill. By utilizing organizations that have experience 
with the communities we are trying to reach, it will expand the reach 
of the SBIR and STTR program, making this bill more effective.
  It only makes sense to have the Small Business Administration 
leverage the knowledge of groups that already work closely with these 
populations. These organizations are already familiar with the small 
businesses in their communities and know which entrepreneurs will make 
strong SBIR candidates.
  With this amendment, we will be able to broaden the pool of talent 
that competes for SBIR grants. That means more ideas, better ideas, and 
an improved return on investment for the taxpayer.
  I, therefore, urge the adoption of this amendment and yield to the 
cosponsor of the bill, the gentleman from Washington (Mr. Smith).
  Mr. SMITH of Washington. Mr. Chairman, I rise in support of this 
amendment, and I thank Congressman Reichert for offering it.
  These are two critical programs. And I thank the committee, as well, 
for their excellent work in reauthorizing these programs, the SBIR and 
the STTR programs, which are designed to help small businesses with 
innovative products get access to help from the Small Business 
Administration to promote those products, and in particular,

[[Page 17080]]

to emphasize help for veteran-owned businesses, small businesses, 
minorities, and underrepresented areas.
  I applaud Mr. Reichert for offering this amendment as we reach out to 
those people and try to make them aware of this program, which has been 
a significant challenge, as Mr. Reichert outlined, of people being 
aware of the opportunities that are there. It makes a great deal of 
sense to those same veterans, minorities, and underrepresented areas to 
do that outreach. I think this is a well thought-out amendment that 
will help enormously in making sure those people get access to these 
critical programs.
  As Mr. Reichert mentioned, there are a large number of veterans 
coming back from fighting in Iraq and Afghanistan who are looking for 
these opportunities. This amendment will help make sure that our 
veterans get that help that they need to find those opportunities that 
are there.
  And this will also be a huge boon to our economy. There are a lot of 
great ideas amongst these groups. If we can take those ideas, turn them 
into businesses and turn them into jobs, we all benefit from it, while 
at the same time helping our veterans who so richly deserve our help.
  This is an important amendment that will help facilitate access by 
veteran-owned and other underrepresented businesses to the SBIR and 
STTR programs that we are discussing today.
  As was already explained by my colleague, this amendment ensures that 
the outreach to underserved areas and underrepresented small businesses 
called for in this legislation will be conducted by organizations that 
include those which serve underrepresented States, regions, and 
businesses owned by women, persons of minority status, or service-
disabled veterans.
  As my district is home to many veterans who have gone on to start 
small businesses, and with many who will soon return home from service 
abroad and look to start businesses of their own, I am proud to offer 
this amendment with my colleague, Mr. Reichert. This amendment will 
help to ensure that there are avenues available to those veterans and 
other underrepresented small business owners that would benefit from 
the assistance offered by the SBA.
  I ask that my colleagues support this amendment.
  Ms. VELAZQUEZ. Mr. Chairman, I reserve the balance of my time.
  Mr. REICHERT. Mr. Chairman, I yield as much time as he may consume to 
the gentleman from Missouri (Mr. Graves).
  Mr. GRAVES. Mr. Chairman, I rise today in support of the amendment 
from the gentleman from Washington.
  Representing a State that has a significant rural base, the outreach 
program in H.R. 2965 should not overlook the creativity of any rural 
Americans. The amendment from the gentleman from Washington will help 
ensure that no rural Americans will be overlooked in the SBIR and the 
STTR programs.
  Mr. REICHERT. Mr. Chairman, I would just close by saying that I very 
much appreciate the support on this amendment from the other side of 
the aisle, my colleagues, especially the chairwoman and Mr. Smith for 
their support, and also for the support of Mr. Graves.
  Mr. Chairman, I yield back the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, we are prepared to accept the amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Washington (Mr. Reichert), as modified.
  The amendment, as modified, was agreed to.


                 Amendment No. 5 Offered by Mr. Paulsen

  The CHAIR. It is now in order to consider amendment No. 5 printed in 
House Report 111-192.
  Mr. PAULSEN. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Paulsen:
       Add at the end of the bill the following:

     SEC. 415. MEDICAL TECHNOLOGY.

       Section 9(g)(3) of the Small Business Act (15 U.S.C. 
     638(g)(3)), as amended, is further amended in the matter 
     preceding subparagraph (A) by inserting after ``broad 
     research topics'' the following: ``and research topics 
     relating to medical technology''.

  The CHAIR. Pursuant to House Resolution 610, the gentleman from 
Minnesota (Mr. Paulsen) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. PAULSEN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, my amendment would add medical technology to the list 
of commercialization and research topics that deserve special 
consideration for SBIR funding.
  According to a recent census study, 71 percent of medical device 
companies have less than 10 employees, small businesses. Despite the 
small size of these companies, they have a tremendous impact on our 
economy. Each medical technology job has been shown to create an 
additional two jobs by creating the need for secondary positions such 
as technicians and repairmen and by purchasing other inputs of 
production.
  Each medical technology payroll dollar generates an additional $1.12 
in payroll to account for the increased number of positions and skills 
required to fill these jobs, and each dollar of medical technology 
sales generates an additional 90 cents in sales in that State by 
providing more citizens with disposable income.
  While startup costs are high for many of these new technologies, they 
do pay dividends down the road once the products get to market. We 
should help these companies by getting the funds they need into their 
hands so they can bring new lifesaving technologies to market.
  The current challenge right now is that these are high-risk/high-
reward investments. This amendment will go a long way to providing 
these firms with needed capital to continue innovating. In the last 10 
years alone, there has been an 80 percent increase in patents for 
breakthrough medical technologies, and we must help these products get 
to market.
  One such company recently testified before the Small Business 
Committee on the SBIR program; it was MicroTransponder. In their 
testimony at the committee, they outlined how they have used the SBIR 
funds to develop treatments for chronic pain and other neurological 
disorders, including traumatic brain injury, posttraumatic stress 
disorder, motor disorders, autism, and others. Taken together, these 
conditions affect over 50 million people in the U.S. and represent a 
cost of over $100 billion annually.
  Mr. Chairman, as Congress moves towards health reform legislation, we 
should also consider ideas that are cost efficient and cost effective. 
Not only does medical technology create jobs and increase life 
expectancy, it also shows to reduce costs in countless cases.
  So as the medical technology industry continues to grow and expand, 
we need to make sure that patients will see these benefits on an 
increasingly efficient basis that is more affordable and that are 
lifesaving technologies. That is why this amendment makes sense to 
target these resources.
  Mr. Chairman, I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, while I am not opposed to the amendment, 
I ask unanimous consent to claim the time in opposition.
  The CHAIR. Without objection, the gentlewoman from New York is 
recognized for 5 minutes.
  There was no objection.
  Ms. VELAZQUEZ. Mr. Chairman, I thank the gentleman from Minnesota for 
his good amendment.
  We all know that one area where SBIR has been most successful is 
medical research. From heart stents to pacemakers, advances in the 
medical technology field bring important benefits to the lives of 
ordinary Americans every day.
  In addition to improving our quality of life, the medical technology 
industry is an important driver in the American economy. In 2006, this 
industry employed more than 350,000 people and paid $21.5 billion in 
salaries. Clearly, this field, which is dominated by smaller firms, 
plays a vital role in providing jobs and fostering economic growth.

[[Page 17081]]

  Many of these firms got their start thanks to SBIR funding. The kind 
of high-risk/high-reward research that medical technology companies 
engage in makes them strong candidates for SBIR grants, so already 
there is an important relationship between SBIR and advances in the 
medical technology field. Mr. Paulsen's amendment would codify this 
relationship by putting a direct reference to medical technology in the 
act.
  While a seemingly small change, this amendment will formalize SBIR's 
support for medical technology research. In that way, the amendment 
will support future research and may very well lead to the development 
of the medicines of tomorrow.
  I believe this is a good amendment, and I yield to the ranking 
member, Mr. Graves, for any comments that he may have.
  Mr. GRAVES. Mr. Chairman, I rise today in support of the amendment 
from the gentleman from Minnesota.
  Medical technology represents a key component of the economy and also 
an important contributor to the quality of life in this country. The 
amendment makes a sensible recognition that medical technology should 
be a special focus of the SBIR and STTR programs.
  Ms. VELAZQUEZ. Mr. Chairman, we are prepared to accept the amendment.
  I yield back the balance of my time.
  Mr. PAULSEN. Mr. Chairman, I thank the leadership, on a bipartisan 
basis, for their support of this amendment.
  I would like to yield 2 minutes to an avid guitar player and staunch 
supporter of maintaining the United States' status as a world leader in 
medical technology, the gentleman from Tennessee (Mr. Roe).
  Mr. ROE of Tennessee. Mr. Chairman, I rise in support of the Paulsen 
amendment to give special consideration to SBIR funding for medical 
technology.
  The underlying legislation prioritizes projects that are related to 
energy and infectious diseases, and there is no question that these are 
deserving areas. But I believe the Paulsen amendment adds an important 
priority category that is left out, medical technology. The fact is, 
because of our health care system, we lead the world in medical 
technology advances. It's a huge competitive edge we hold and one I do 
not want to lose.
  As a physician, I was able to take advantage of this technology over 
the course of my career, and I can give numerous examples of how care 
was improved for my patients. Prioritizing SBIR funding for medical 
technology projects is one step to help us maintain our edge.
  While this amendment will take steps toward creating a fertile 
environment for medical technology advances, it is important not to 
take two steps back by creating a government-run health care system.
  A major problem with care that is managed by Washington bureaucrats 
instead of patients and doctors is that bureaucrats are focused on cost 
rather than advancing care, and they inevitably require the use of 
older, less expensive technology because of its comparative 
effectiveness.
  If the health care system refuses to use new technology until older 
technology is proven ineffective, we eliminate much, if not all, of the 
incentive for new medical technology developments and rob future 
generations of the chance to find cures for cancer, Alzheimer's, 
Parkinson's, and diabetes, just to name a few.

                              {time}  1400

  I urge adoption of the Paulsen amendment, which to me is just common 
sense, and hope this Congress does all it can to keep the health care 
system that rewards medical research and development.
  Mr. PAULSEN. Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Minnesota (Mr. Paulsen).
  The amendment was agreed to.


                 Amendment No. 3 Offered by Ms. Kosmas

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentlewoman from Florida (Ms. Kosmas) 
on which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 427, 
noes 4, not voting 7, as follows:

                             [Roll No. 483]

                               AYES--427

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     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)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster

[[Page 17082]]


     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--4

     Flake
     Foxx
     King (IA)
     Price (GA)

                             NOT VOTING--7

     Broun (GA)
     Cardoza
     Castor (FL)
     Ellsworth
     Faleomavaega
     Mack
     Sestak


                       Announcement by the Chair

  The CHAIR (during the vote). There are 5 minutes remaining on this 
vote.

                              {time}  1428

  Messrs. FLAKE, KING of Iowa, and PRICE of Georgia changed their vote 
from ``aye'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                          Personal Explanation

  Mr. CARDOZA. Mr. Chair, I was unable to be present for several votes 
taken on the House floor earlier today as one of my children required 
immediate medical attention. As a result, I missed rollcall votes 480, 
481, 482, and 483.
  Had I been present, on rollcall vote 480 I would have voted ``aye''; 
on rollcall vote 481 I would have voted ``aye'', on rollcall vote 482 I 
would have voted ``aye''; and on rollcall vote 483 I would have voted 
``aye.''
  The CHAIR. The question is on the committee amendment in the nature 
of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Jackson of Illinois) having assumed the chair, Mr. Ross, Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. H.R. 
2965) to amend the Small Business Act with respect to the Small 
Business Innovation Research Program and the Small Business Technology 
Transfer Program, and for other purposes, pursuant to House Resolution 
610, he reported the bill back to the House with an amendment adopted 
by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the amendment.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. PRICE of Georgia. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 411, 
noes 15, not voting 6, as follows:

                             [Roll No. 484]

                               AYES--411

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     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, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     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
     Pingree (ME)
     Pitts
     Platts
     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)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--15

     Chaffetz
     Duncan
     Flake
     Foxx
     Franks (AZ)
     Manzullo
     Marchant
     McClintock
     Miller (FL)
     Paul
     Petri
     Poe (TX)
     Ryan (WI)
     Sensenbrenner
     Shadegg

                             NOT VOTING--6

     Broun (GA)
     Castor (FL)
     Ellsworth
     Murtha
     Sestak
     Waxman


                Announcement by the Speaker Pro Tempore

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

                              {time}  1446

  Mr. MOLLOHAN changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.

[[Page 17083]]




                           Motion to Recommit

  Mr. SIMPSON. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. SIMPSON. In its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Simpson moves to recommit the bill. H.R. 2965, to the 
     Committee on Small Business with instructions to report the 
     same back to the House forthwith with the following 
     instructions:
       At the end of the bill, insert the following new section:

     SEC.      . SENSE OF CONGRESS ON REGULAR ORDER ON 
                   APPROPRIATIONS BILLS.

       Whereas it is the sense of the House that the statements 
     regarding the appropriations process stated October 6, 2000, 
     by the gentleman from Wisconsin, Mr. Obey, should be 
     followed, when he stated:
       ``We have gotten so far from the regular order that I fear 
     that if this continues, the House will not have the capacity 
     to return to the precedents and procedures of the House that 
     have given true meaning to the term `representative 
     democracy.' The reason that we have stuck to regular order as 
     long as we have in this institution is to protect the rights 
     of every Member to participate. And when we lose those 
     rights, we lose the right to be called the greatest 
     deliberative body left in the world.''

  Ms. VELAZQUEZ. Mr. Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  The gentleman from Idaho is recognized for 5 minutes.
  Mr. SIMPSON. Mr. Speaker, we offer this motion to recommit because I 
think everyone in this body realizes that we have gone far astray from 
regular order, and we know the damage that does to this Institution. We 
have done it in the name of expediency, as if we have to be done by 
some specific date on some arbitrary schedule that has been scratched 
out on some piece of paper.
  We all know that we have work to do. We weren't here Monday. We could 
have worked. We could have done appropriation bills. But instead, what 
we have done is cut Members out not being able to offer amendments on 
the floor, not only minority Members but majority Members too.
  We all know that we have gotten far away from regular order and that 
we need to return to regular order where Members have the right and the 
ability to represent their constituents that elected them here. That 
means offering amendments to appropriation bills. Our history has been 
that appropriation bills come to the floor under an open rule so that 
Members have the right to offer amendments.
  Is it frustrating? Yes. Does it take a lot of time? Yes. Are there 
some amendments that we wish wouldn't be offered? Sure. But that is our 
job. Our job is to come here and debate issues, not expediency, trying 
to get them done at a specific time. By doing that, what we do is cut 
off Members' ability to offer amendments and represent their 
constituencies.
  I believe that Mr. Obey was absolutely correct on October 6, 2000, 
when he said, We have gotten so far from regular order that I fear that 
if this continues, the House will not have the capacity to return to 
the precedents and procedures of the House that have given true meaning 
to the term ``representative democracy.'' The reason we have stuck to 
regular order as long as we have in this Institution is to protect the 
rights of every Member to participate, minority Members and majority 
Members. And when we lose those rights, we lose the right to call this 
the greatest deliberative body left in the world.
  He is absolutely right, and we need to adopt this as a sense of 
Congress that we need to return to regular order so that Members can 
represent their constituents and they can offer amendments. It will 
take long, yes, but people will have the opportunity to represent their 
constituents. And everyone here on both sides of the aisle knows in 
their heart this is what we need to do if we are going to be called a 
``representative democracy'' instead of trying to get it done because 
we have an August recess coming up.
  I am willing to stay and work. I am willing to stay on the weekends 
and work if that is necessary to get our work done. And you should be, 
too. That is what we are getting paid for, not to cut Members off.
  So I would urge you to adopt this motion to recommit so that we can 
return to regular order and so that Members have the right and the 
ability to represent their constituents on this floor.
  I fear, as I said the other day, I truly fear that you know not the 
damage that you do to this Institution with the rules that are closing 
off debate on the appropriations process. We need to return to regular 
order and open debate and let Members offer their amendments and 
represent their constituents in the manner for which they were elected.


                             Point of Order

  Ms. VELAZQUEZ. Mr. Speaker, I insist on my point of order.
  Putting aside the gentleman's comments, let me just say that we spent 
almost 2 hours, 3 hours here debating the SBIR/STTR, and what we heard 
is people talking about the economic downturn and how can we grow this 
economy. This bill deals with title IX of the Small Business Act. As 
such, Mr. Speaker, under clause 7 of the House rule, the amendment is 
not in order and is not germane to the underlying bill.
  The SPEAKER pro tempore. Does any other Member wish to be heard on 
the point of order? If not, the Chair is prepared to rule.
  The motion proposes an amendment expressing a sense of Congress on a 
wholly unrelated topic. That amendment is not germane. The point of 
order is sustained. The motion is not in order.
  Mr. SIMPSON. Mr. Speaker, I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?


                            Motion to Table

  Ms. VELAZQUEZ. Mr. Speaker, I move to table the appeal.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Ms. VELAZQUEZ. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to table, if not followed by 
proceedings in recommital, will be followed by 5-minute votes on 
passage; and approval of the Journal.
  The vote was taken by electronic device, and there were--ayes 246, 
noes 181, not voting 5, as follows:

                             [Roll No. 485]

                               AYES--246

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch

[[Page 17084]]


     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--181

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

                             NOT VOTING--5

     Broun (GA)
     Dicks
     Harman
     Melancon
     Sestak


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members have 2 minutes 
remaining in this vote.

                              {time}  1512

  Mr. GRIFFITH changed his vote from ``aye'' to ``no.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. VELAZQUEZ. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 386, 
noes 41, not voting 5, as follows:

                             [Roll No. 486]

                               AYES--386

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herger
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Markey (CO)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     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
     Pingree (ME)
     Pitts
     Platts
     Polis (CO)
     Pomeroy
     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
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--41

     Blackburn
     Campbell
     Chaffetz
     Courtney
     Duncan
     Ellison
     Flake
     Foxx
     Franks (AZ)
     Fudge
     Hensarling
     Herseth Sandlin
     Hodes
     Hoekstra
     Issa
     Jordan (OH)
     Kingston
     Kucinich
     Lee (NY)
     Linder
     Manzullo
     Marchant
     Markey (MA)
     McClintock

[[Page 17085]]


     Miller, Gary
     Murphy (CT)
     Paul
     Petri
     Poe (TX)
     Posey
     Rohrabacher
     Royce
     Schauer
     Sensenbrenner
     Sessions
     Shadegg
     Taylor
     Teague
     Thornberry
     Tsongas
     Welch

                             NOT VOTING--5

     Broun (GA)
     Conyers
     Harman
     Sestak
     Watson


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1522

  Mr. MURPHY of Connecticut and Mrs. BLACKBURN changed their vote from 
``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




 MOMENT OF SILENCE IN REMEMBRANCE OF MEMBERS OF ARMED FORCES AND THEIR 
                                FAMILIES

  The SPEAKER. The Chair would ask all present to rise for the purpose 
of a moment of silence.
  The Chair asks that the House now observe a moment of silence in 
remembrance of our brave men and women in uniform who have given their 
lives in the service of our Nation in Iraq and in Afghanistan and their 
families, and all who serve in our Armed Forces and their families.

                          ____________________




                      ANNOUNCEMENT BY THE SPEAKER

  The SPEAKER. Without objection, 5-minute voting will continue.
  There was no objection.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore (Mr. Altmire). Pursuant to clause 8 of rule 
XX, the unfinished business is the question on agreeing to the 
Speaker's approval of the Journal, which the Chair will put de novo.
  The question is on the Speaker's approval of the Journal.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LAMBORN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 237, 
noes 184, answered ``present'' 1, not voting 10, as follows:

                             [Roll No. 487]

                               AYES--237

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

                               NOES--184

     Adler (NJ)
     Akin
     Alexander
     Arcuri
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Carney
     Carter
     Cassidy
     Castle
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Crenshaw
     Culberson
     Davis (IL)
     Davis (KY)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Duncan
     Ellsworth
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Halvorson
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Hill
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Lamborn
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     McCarthy (CA)
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moore (KS)
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Pence
     Peterson
     Petri
     Platts
     Poe (TX)
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Stupak
     Sullivan
     Taylor
     Terry
     Thompson (CA)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Gohmert
       

                             NOT VOTING--10

     Bright
     Broun (GA)
     Conyers
     Emerson
     Harman
     McMahon
     Ros-Lehtinen
     Sestak
     Watson
     Wu


                Announcement by the Speaker Pro Tempore

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

                              {time}  1531

  So the Journal was approved.
  The result of the vote was announced as above recorded.

                          ____________________




                           MOTION TO ADJOURN

  Mr. WESTMORELAND. Mr. Speaker, I move that the House do now adjourn.
  The SPEAKER pro tempore. The question is on the motion to adjourn.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. WESTMORELAND. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 36, 
noes 364, not voting 32, as follows:

[[Page 17086]]



                             [Roll No. 488]

                                AYES--36

     Bartlett
     Barton (TX)
     Bishop (UT)
     Blackburn
     Boehner
     Campbell
     Chaffetz
     Coffman (CO)
     Connolly (VA)
     Flake
     Foxx
     Garrett (NJ)
     Gohmert
     Halvorson
     Hensarling
     Inglis
     Issa
     Johnson (IL)
     Johnson, Sam
     King (IA)
     Lewis (CA)
     Luetkemeyer
     Mack
     Marchant
     Olson
     Paul
     Pence
     Price (GA)
     Shadegg
     Souder
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Waters
     Westmoreland

                               NOES--364

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Childers
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Ehlers
     Ellison
     Emerson
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (NY)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lummis
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Neal (MA)
     Neugebauer
     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
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Watt
     Waxman
     Weiner
     Welch
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--32

     Bilirakis
     Broun (GA)
     Brown-Waite, Ginny
     Chandler
     Clarke
     Crowley
     Cuellar
     Delahunt
     Edwards (TX)
     Ellsworth
     Engel
     Frank (MA)
     Grijalva
     Herger
     Honda
     Jackson-Lee (TX)
     Kennedy
     Lamborn
     Lee (CA)
     Linder
     Lujan
     Miller, George
     Napolitano
     Radanovich
     Sanchez, Loretta
     Sessions
     Sestak
     Shimkus
     Smith (NJ)
     Watson
     Wexler
     Wu


                Announcement by the Speaker Pro Tempore

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

                              {time}  1549

  So the motion to adjourn was rejected.
  The result of the vote was announced as above recorded.

                          ____________________




   NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE 
                        PRIVILEGES OF THE HOUSE

  Mr. PRICE of Georgia. Mr. Speaker, pursuant to clause 2(a)(1) of rule 
IX, I hereby notify the House of my intention to offer a resolution as 
a question of the privileges of the House.
  The form of my resolution is as follows:

       Whereas on January 20, 2009, Barack Obama was inaugurated 
     as President of the United States, and the outstanding public 
     debt of the United States stood at $10.627 trillion;
       Whereas on January 20, 2009, in the President's Inaugural 
     Address, he stated, ``[T]hose of us who manage the public's 
     dollars will be held to account, to spend wisely, reform bad 
     habits, and do our business in the light of day, because only 
     then can we restore the vital trust between a people and 
     their government.'';
       Whereas on February 17, 2009, the President signed into 
     public law H.R. 1, the American Recovery and Reinvestment Act 
     of 2009;
       Whereas the American Recovery and Reinvestment Act of 2009 
     included $575 billion of new spending and $212 billion of 
     revenue reductions for a total deficit impact of $787 
     billion;
       Whereas the borrowing necessary to finance the American 
     Recovery and Reinvestment Act of 2009 will cost an additional 
     $300 billion;
       Whereas on February 26, 2009, the President unveiled his 
     budget blueprint for FY 2010;
       Whereas the President's budget for FY 2010 proposes the 
     eleven highest annual deficits in U.S. history;
       Whereas the President's budget for FY 2010 proposes to 
     increase the national debt to $23.1 trillion by FY 2019, more 
     than doubling it from current levels;
       Whereas on March 11, 2009, the President signed into public 
     law H.R. 1105, the Omnibus Appropriations Act, 2009;
       Whereas the Omnibus Appropriations Act, 2009 constitutes 
     nine of the twelve appropriations bills for FY 2009 which had 
     not been enacted before the start of the fiscal year;
       Whereas the Omnibus Appropriations Act, 2009 spends $19.1 
     billion more than the request of President Bush;
       Whereas the Omnibus Appropriations Act, 2009 spends $19.0 
     billion more than simply extending the continuing resolution 
     for FY 2009;
       Whereas on April 1, 2009, the House considered H. Con. Res. 
     85, Congressional Democrats' budget proposal for FY 2010;
       Whereas the Congressional Democrats' budget proposal for FY 
     2010, H. Con. Res. 85, proposes the six highest annual 
     deficits in U.S. history;
       Whereas the Congressional Democrats' budget proposal for FY 
     2010, H. Con. Res. 85, proposes to increase the national debt 
     to $17.1 trillion over five years, $5.3 trillion more than 
     compared to the level on January 20, 2009;
       Whereas Congressional Republicans produced an alternative 
     budget proposal for FY 2010 which spends $4.8 trillion less 
     than the Congressional Democrats' budget over 10 years;
       Whereas the Republican Study Committee produced an 
     alternative budget proposal for FY 2010 which improves the 
     budget outlook in every single year, balances the budget by 
     FY 2019, and cuts the national debt by more than $6 trillion 
     compared to the President"s budget;
       Whereas on April 20, 2009, attempting to respond to public 
     criticism, the President convened the first cabinet meeting 
     of his Administration and challenged his cabinet to cut a 
     collective $100 million in the next 90 days;
       Whereas the challenge to cut a collective $100 million 
     represents just 1/40,000 of the Federal budget;
       Whereas on June 16, 2009, total outstanding Troubled Asset 
     Relief Program, or TARP, funds to banks stood at $197.6 
     billion;
       Whereas on June 16, 2009, total outstanding TARP funds to 
     AIG stood at $69.8 billion;
       Whereas on June 16, 2009, total outstanding TARP funds to 
     domestic automotive manufacturers and their finance units 
     stood at $80 billion;

[[Page 17087]]

       Whereas on June 19, 2009, the outstanding public debt of 
     the United States was $11.409 trillion;
       Whereas on June 19, 2009, each citizen's share of the 
     outstanding public debt of the United States came to 
     $37,236.88;
       Whereas according to a New York Times/CBS News survey, 
     three-fifths of Americans (60 percent) do not think the 
     President has developed a clear plan for dealing with the 
     current budget deficit (New York Times/CBS News, Conducted 
     June 12-16, 2009, Survey of 895 Adults Nationwide);
       Whereas the best means to develop a clear plan for dealing 
     with runaway Federal spending is a real commitment to fiscal 
     restraint and an open and transparent appropriations process 
     in the House of Representatives;
       Whereas before assuming control of the House of 
     Representatives in January 2007, Congressional Democrats were 
     committed to an open and transparent appropriations process;
       Whereas according to a document by Congressional Democrats 
     entitled ``Democratic Declaration: Honest Leadership and Open 
     Government,'' page 2 states, ``Our goal is to restore 
     accountability, honesty and openness at all levels of 
     government.'';
       Whereas according to a document by Congressional Democrats 
     entitled ``A New Direction for America,'' page 29 states, 
     ``Bills should generally come to the floor under a procedure 
     that allows open, full, and fair debate consisting of a full 
     amendment process that grants the Minority the right to offer 
     its alternatives, including a substitute.'';
       Whereas on November 21, 2006, The San Francisco Chronicle 
     reported, ``Speaker Pelosi pledged to restore `minority 
     rights' - including the right of Republicans to offer 
     amendments to bills on the floor . . . The principle of 
     civility and respect for minority participation in this House 
     is something that we promised the American people, she said. 
     `It's the right thing to do.''' (``Pelosi's All Smiles 
     through a Rough House Transition,'' The San Francisco 
     Chronicle, November 21, 2006);
       Whereas on December 6, 2006, Speaker Nancy Pelosi stated, 
     ``[We] promised the American people that we would have the 
     most honest and open government and we will.'';
       Whereas on December 17, 2006, The Washington Post reported, 
     ``After a decade of bitter partisanship that has all but 
     crippled efforts to deal with major national problems, Pelosi 
     is determined to try to return the House to what it was in an 
     earlier era - `where you debated ideas and listened to each 
     others arguments.''' (``Pelosi's House Diplomacy,'' The 
     Washington Post, December 17, 2006);
       Whereas on December 5, 2006, Majority Leader Steny Hoyer 
     stated, ``We intend to have a Rules Committee . . . that 
     gives opposition voices and alternative proposals the ability 
     to be heard and considered on the floor of the House.'' 
     (``Hoyer Says Dems' Plans Unruffled by Approps Logjam,'' 
     CongressDaily PM, December 5, 2006);
       Whereas during debate on June 14, 2005, in the 
     Congressional Record on page H4410, Chairwoman Louise M. 
     Slaughter of the House Rules Committee stated, ``If we want 
     to foster democracy in this body, we should take the time and 
     thoughtfulness to debate all major legislation under an open 
     rule, not just appropriations bills, which are already 
     restricted. An open process should be the norm and not the 
     exception.'';
       Whereas since January 2007, there has been a failure to 
     commit to an open and transparent process in the House of 
     Representatives;
       Whereas more bills were considered under closed rules, 64 
     total, in the 110th Congress under Democratic control, than 
     in the previous Congress, 49, under Republican control;
       Whereas fewer bills were considered under open rules, 10 
     total, in the 110th Congress under Democratic control, than 
     in the previous Congress, 22, under Republican control;
       Whereas fewer amendments were allowed per bill, 7.68, in 
     the 110th Congress under Democratic control, than in the 
     previous Congress, 9.22, under Republican control;
       Whereas the failure to commit to an open and transparent 
     process in order to develop a clear plan for dealing with 
     runaway Federal spending reached its pinnacle in the House's 
     handling of H.R. 2847, the Commerce, Justice, Science, and 
     Related Agencies Appropriations Act, 2010;
       Whereas H.R. 2847, the Commerce, Justice, Science, and 
     Related Agencies Appropriations Act, 2010 contains $64.4 
     billion in discretionary spending, 11.6 percent more than 
     enacted in FY 2009;
       Whereas on June 11, 2009, the House Rules Committee issued 
     an announcement stating that amendments for H.R. 2847, the 
     Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2010 must be pre-printed in the 
     Congressional Record by the close of business on June 15, 
     2009;
       Whereas both Republicans and Democrats filed 127 amendments 
     in the Congressional Record for consideration on the House 
     floor;
       Whereas on June 15, 2009, the House Rules Committee 
     reported H. Res. 544, a rule with a pre-printing requirement 
     and unlimited pro forma amendments for purposes of debate;
       Whereas on June 16, 2009, the House proceeded with one hour 
     of general debate, or one minute to vet each $1.07 billion in 
     H.R. 2847, in the Committee of the Whole;
       Whereas after one hour of general debate the House 
     proceeded with amendment debate;
       Whereas after just 22 minutes of amendment debate, or one 
     minute to vet each $3.02 billion in H.R. 2847, a motion that 
     the Committee rise was offered by Congressional Democrats;
       Whereas the House agreed on a motion that the Committee 
     rise by a recorded vote of 179 Ayes to 124 Noes, with all 
     votes in the affirmative being cast by Democrats;
       Whereas afterwards, the House Rules Committee convened a 
     special, untelevised meeting to dispense with further 
     proceedings on H.R. 2847, the Commerce, Justice, Science, and 
     Related Agencies Appropriations Act, 2010;
       Whereas on June 17, 2009, the House Rules Committee 
     reported H. Res. 552, a new and restrictive structured rule 
     for H.R. 2847, the Commerce, Justice, Science, and Related 
     Agencies Appropriations Act, 2010;
       Whereas every House Republican and 27 House Democrats voted 
     against agreeing on H. Res. 552;
       Whereas H. Res. 552 made in order just 23 amendments, with 
     a possibility for 10 more amendments, out of the 127 
     amendments originally filed;
       Whereas H. Res. 552 severely curtailed pro forma amendments 
     for the purposes of debate;
       Whereas the actions of Congressional Democrats to curtail 
     debate and the number of amendments offered to H.R. 2847, the 
     Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2010 effectively ended the process to 
     deal with runaway Federal spending in a positive and 
     responsible manner;
       Whereas Congressional Democrats continue to curtail debate 
     and the number of amendments offered to appropriations bills;
       Whereas on June 18, 2009, the House Rules Committee 
     reported H. Res. 559, a restrictive structured rule for H.R. 
     2918, the Legislative Branch Appropriations Act, 2010;
       Whereas H. Res. 559 made in order just one amendment out of 
     the 20 amendments originally filed;
       Whereas on June 23, 2009, the House Rules Committee 
     reported H. Res. 573, a restrictive structured rule for H.R. 
     2892, the Department of Homeland Security Appropriations Act, 
     2010;
       Whereas H. Res. 573 made in order just 9 amendments, with a 
     possibility for 5 more amendments, out of the 91 amendments 
     originally filed;
       Whereas on June 24, 2009, the House Rules Committee 
     reported H. Res. 578, a restrictive structured rule for H.R. 
     2996, the Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2010;
       Whereas H. Res. 578 made in order just 8 amendments, with a 
     possibility for 5 more amendments, out of the 105 amendments 
     originally filed; and
       Whereas the actions taken have resulted in indignity being 
     visited upon the House of Representatives: Now, therefore, be 
     it
       Resolved, That--
       (1) the House of Representatives recommit itself to fiscal 
     restraint and develop a clear plan for dealing with runaway 
     Federal spending;
       (2) the House of Representatives return to its best 
     traditions of an open and transparent appropriations process 
     without a pre-printing requirement; and
       (3) the House Rules Committee shall report out open rules 
     for all general appropriations bills throughout the remainder 
     of the 111th Congress.

                              {time}  1600

  The SPEAKER pro tempore. Under rule IX, a resolution offered from the 
floor by a Member other than the majority leader or the minority leader 
as a question of the privileges of the House has immediate precedence 
only at a time designated by the Chair within 2 legislative days after 
the resolution is properly noticed.
  Pending that designation, the form of the resolution noticed by the 
gentleman from Georgia will appear in the Record at this point.
  The Chair will not at this point determine whether the resolution 
constitutes a question of privilege. That determination will be made at 
the time designated for consideration of the resolution.

                          ____________________




     PROVIDING FOR CONSIDERATION OF H.R. 2997, AGRICULTURE, RURAL 
    DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

  Mr. McGOVERN. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 609 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

[[Page 17088]]



                              H. Res. 609

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2997) making appropriations for Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies programs for the fiscal year ending September 30, 
     2010, and for other purposes. The first reading of the bill 
     shall be dispensed with. All points of order against 
     consideration of the bill are waived except those arising 
     under clause 9 or 10 of rule XXI. General debate shall be 
     confined to the bill and shall not exceed one hour equally 
     divided and controlled by the chair and ranking minority 
     member of the Committee on Appropriations. After general 
     debate the bill shall be considered for amendment under the 
     five-minute rule. Points of order against provisions in the 
     bill for failure to comply with clause 2 of rule XXI are 
     waived. Notwithstanding clause 11 of rule XVIII, except as 
     provided in section 2, no amendment shall be in order except: 
     (1) the amendment printed in part A of the report of the 
     Committee on Rules accompanying this resolution; (2) the 
     amendments printed in part B of the report of the Committee 
     on Rules; (3) not to exceed one of the amendments printed in 
     part C of the report of the Committee on Rules if offered by 
     Representative Campbell of California or his designee; (4) 
     not to exceed three of the amendments printed in part D of 
     the report of the Committee on Rules if offered by 
     Representative Flake of Arizona or his designee; and (5) not 
     to exceed one of the amendments printed in part E of the 
     report of the Committee on Rules if offered by Representative 
     Hensarling of Texas or his designee. Each such amendment may 
     be offered only by a Member designated in the report, shall 
     be considered as read, shall be debatable for 10 minutes 
     equally divided and controlled by the proponent and an 
     opponent, and shall not be subject to a demand for division 
     of the question in the House or in the Committee of the 
     Whole. All points of order against such amendments are waived 
     except those arising under clause 9 or 10 of rule XXI and 
     except that an amendment printed in part B through E of the 
     report of the Committee on Rules may be offered only at the 
     appropriate point in the reading. At the conclusion of 
     consideration of the bill for amendment the Committee shall 
     rise and report the bill to the House with such amendments as 
     may have been adopted. In the case of sundry amendments 
     reported from the Committee, the question of their adoption 
     shall be put to the House en gros and without division of the 
     question. The previous question shall be considered as 
     ordered on the bill and amendments thereto to final passage 
     without intervening motion except one motion to recommit with 
     or without instructions.
       Sec. 2.  After consideration of the bill for amendment, the 
     chair and ranking minority member of the Committee on 
     Appropriations or their designees each may offer one pro 
     forma amendment to the bill for the purpose of debate, which 
     shall be controlled by the proponent.
       Sec. 3.  The Chair may entertain a motion that the 
     Committee rise only if offered by the chair of the Committee 
     on Appropriations or his designee. The Chair may not 
     entertain a motion to strike out the enacting words of the 
     bill (as described in clause 9 of rule XVIII).
       Sec. 4.  During consideration of H.R. 2997, the Chair may 
     reduce to two minutes the minimum time for electronic voting 
     under clause 6 of rule XVIII and clauses 8 and 9 of rule XX.

                             Point of Order

  Mr. FLAKE. Mr. Speaker, I raise a point of order against H. Res. 609 
because the resolution violates section 426(a) of the Congressional 
Budget Act. The resolution contains a waiver of all points of order 
against consideration of the bill, which includes a waiver of section 
425 of the Congressional Budget Act, which causes a violation of 
section 426(a).
  The SPEAKER pro tempore. The gentleman from Arizona makes a point of 
order that the resolution violates section 426(a) of the Congressional 
Budget Act of 1974. The gentleman has met the threshold burden to 
identify the specific language in the resolution on which the point of 
order is predicated. Such a point of order shall be disposed of by the 
question of consideration.
  The gentleman from Arizona (Mr. Flake) and a Member opposed, the 
gentleman from Massachusetts (Mr. McGovern), each will control 10 
minutes of debate on the question of consideration.
  After the debate the Chair will put the question of consideration, to 
wit: Will the House now consider the resolution?
  The Chair recognizes the gentleman from Arizona.

                              {time}  1615

  Mr. FLAKE. I thank the Chair.
  Mr. Speaker, I raise this point of order not necessarily out of 
concern for unfunded mandates, although there are likely some in here. 
I raise a point of order because it's the only vehicle we've got to 
actually talk about this rule and this bill and how we are being denied 
the ability to actually offer the amendments that we would like to, to 
illuminate what's actually in this bill and how this is a break again 
from the hallmark and tradition of this House, which is to allow open 
debate on appropriation bills.
  We've heard a lot about the sweeping reforms, particularly on 
earmarks, since 2007. Some of these reforms are good. Some of them--
like requiring Members to put their names next to earmarks, requiring 
them to sign a certification letter that they have no financial 
interest in the earmark--are good reforms. They are reforms that many 
of us in this body have wanted for a long time. But we haven't drained 
the swamp. All we've done is we now know the depth of the mud that 
we're wading in, and we're simply not able to hold those accountable 
who should be held accountable. We have the transparency that we need, 
some of it, most of it; but with that transparency should come 
accountability. When you're denied the ability to offer amendments on 
the floor or are restricted in the number that you can offer, then you 
aren't able to use that transparency to any good effect.
  In fiscal year 2007 during the appropriations process, I was able to 
offer 40 earmark limitation amendments. These were bipartisan, 
including eight to the Agriculture appropriations bill. In fiscal year 
2008 I offered nearly 50 bipartisan amendments, including five to the 
Ag appropriations bill. Now last year only one appropriations bill even 
moved through the House under regular order, the Military Construction-
VA appropriations bill. This bill was jammed together with a so-called 
mini-bus with the Homeland Security bill and the Defense bill. This 
came to the House under a closed rule. There were no amendments allowed 
at all. The remaining bills were jammed into a must-pass omnibus bill 
earlier this year. Only a handful of those were even reported out of 
committee. That meant that there were over 7,000 earmarks worth more 
than $8 billion air-dropped into this bill and not one limitation 
amendment, not one striking amendment, really not any amendments of any 
kind were even allowed on that bill. So we went through a whole year 
basically with virtually no amendments offered at all where these 
bills, these appropriations bills weren't even vetted.
  So now we come to this year, and we're told we're going to get back 
to regular order, we're going to move appropriations bills one at a 
time and give Members the opportunity to offer limitation amendments. 
And what do we do? We close them down. The Rules Committee says, Okay, 
you've offered 12 amendments, maybe you can offer three of those 
amendments--you choose--on the floor. That's not real accountability. 
That's not the tradition of this House. That's not an open rule.
  And when you see things like this--this is in Roll Call today--The 
Justice Department this week filed criminal charges against a defense 
contractor who has received millions of dollars worth of earmarks. 
Today's Roll Call. Today's Hill--Kickback charges against a defense 
contractor are putting people in this body, organizations here, in a 
hard position on whether to return campaign contributions back to the 
contractor charged with accepting kickbacks in return for earmarked 
dollars. And yet we're going to be considering the Defense 
appropriation bill later this month that will contain probably more 
than 1,000 earmarks from this body, most of them earmarks to for-profit 
companies, most of which will have executives who turn around and make 
campaign contributions to the Members who secured the earmarks for 
them.
  Yet I would submit that the purpose of what we're going through now 
through these appropriation bills is to basically ready this body for 
the Defense appropriation bill, where people

[[Page 17089]]

will be used to not offering amendments. Then where we would be able to 
illuminate a little bit on the floor at least where these earmarks are 
going, is it proper for this earmark to go to a for-profit company 
whose executives turn around and make campaign contributions to the 
Member who secured that earmark for them? Basically Members getting 
earmarks for their campaign contributors. Instead of being able to 
stand up and illuminate that, we'll likely be restricted to one or two 
amendments, or maybe none. That's what we're going through right now, 
and that's what it's going to lead to.
  Now people say that nobody pays attention to process outside of this 
body or outside of this town. That's largely true. It's tough to score 
political points saying, The majority party simply won't allow 
amendments offered on the floor. People typically don't pay attention 
to bad process. But bad process always begets bad results or bad 
policy. We learned it on this side. When you hold a vote open for 3 
hours--like we did the prescription drug bill vote-- and twist arms, 
you get a bad result. We added about $11 trillion in unfunded 
liabilities for future generations. We had several of those, which I 
think on this side we're probably not proud of. But I can tell you, we 
always held appropriation bills up, though, and allowed open rules and 
allowed Members to offer amendments even though it might have been 
uncomfortable for Members to hear what was being brought to the floor. 
A departure from that means that we're going to have bad results. We've 
seen that in the last year or so. When we've restricted the ability of 
Members to actually offer results, then we have Justice Department 
investigations because the proper vetting was not done.
  Now I would wish--I think all of us would wish--that some vetting 
would be done in the Appropriations Committee, but sadly it hasn't been 
done. The chairman of the committee has said many times that they 
simply don't have the time nor the resources to vet all of these 
earmark requests, and I believe them. But if that is the case, the 
answer isn't to shut the process down. The answer is, don't bring the 
bill to the floor with so many earmarks in it. But here instead of 
doing that, we're saying, ``All right, we can't vet these earmarks, so 
we're simply going to close our eyes and pretend that these earmarks 
aren't there and not allow anybody to tell anybody that they're there. 
Let's not allow anybody to come to the floor and offer them.'' That is 
a bad process which leads to bad results.
  Now make no mistake, as I mentioned, what we're going through now--I 
don't think the majority party or the minority party is so much 
concerned about how many amendments are offered to the Agriculture bill 
as they are about setting a precedent for what might come later with 
the Defense appropriation bill. Remember, that is the important one 
with regard to earmarks for campaign contributors. If we allow a 
process to develop here where we shield Members and shield earmarks by 
not allowing Members to challenge them on the floor, then we will get 
more headlines like this one in the paper today, headlines that we see 
over and over and over again which have led to investigations by the 
Justice Department, which have led finally to our own Ethics Committee, 
finally, hopefully having launched its own investigation. It is 
unbelievable to me that we have this going on on the outside, and yet 
we will still go through a process where we allow Members of Congress 
here to earmark for their campaign contributors. And instead of 
allowing Members to come to the floor and actually challenge some of 
those, we shut down the process so they can't. We close the rule so 
very few earmark amendments, limitation amendments, are even allowed.
  With that, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, just so there's no confusion, I want to remind my 
colleagues that we are dealing with the Agriculture appropriations bill 
and not the Defense appropriations bill or any other appropriations 
bill. This is the Agriculture appropriations bill.
  Mr. Speaker, technically this point of order is about whether or not 
to consider this rule and ultimately the underlying bill. In reality, 
it's about trying to block this bill without any opportunity for debate 
and without any opportunity for an up-or-down vote on the legislation 
itself.
  Mr. Speaker, the underlying bill that we want to consider here is a 
bill that provides food and nutrition to some of the most desperate 
people in this country. It's a bill that will provide much-needed help 
to farmers in rural areas all across this country. This is an important 
bill for a number of reasons, and I think it's wrong to try to delay 
this bill or block this legislation from coming to the floor. I hope my 
colleagues will vote ``yes'' so that we can consider this important 
legislation on its merits and not stop it on a procedural 
obstructionist motion.
  Those who oppose this bill can vote against it on final passage. We 
must consider this rule, and we must pass this legislation today. Mr. 
Speaker, I have the right to close; but in the end I will urge my 
colleagues to vote ``yes'' to consider the rule.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FLAKE. May I inquire as to the time remaining.
  The SPEAKER pro tempore. The gentleman has 1 minute remaining.
  Mr. FLAKE. I thank the gentleman. I will talk specifically about the 
Ag appropriations bill. This bill has hundreds and hundreds of earmarks 
in it. I think there are maybe half a dozen total earmark limitation 
amendments that are allowed under this rule. That's simply not 
sufficient, Mr. Speaker. That's not sufficient. We should be allowing 
more. I understand the other side wants to hide the fact that 64 
percent of the earmarks in this legislation are going to just 25 
percent of the body, that the Appropriations Committee, which makes up 
just under 14 percent of this body, actually comes away with 56 percent 
of the earmarks.
  I understand that those who are in charge of this legislation don't 
want that to be known, but it's still not right to limit the number of 
amendments that can be offered and to limit the time. So I would plead 
to not go forward with consideration of this bill under this rule.
  I yield back the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I can appreciate the tactics that my 
friends on the other side of the aisle are employing right now to try 
to delay and obstruct this legislation from moving forward. But, as I 
said, this legislation is important. It's important to a lot of people. 
The food stamp program is funded in this bill, WIC, a lot of important 
nutrition programs, plus a lot of important aid to farmers who are 
struggling in this tough economy. This is an important piece of 
legislation.
  Again, I want to urge my colleagues to vote ``yes'' on this motion to 
consider so we can debate and pass this important piece of legislation 
today. I would urge my colleagues to vote ``yes'' and enough of these 
obstructionist tactics.
  I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  The question is, Will the House now consider the resolution?
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FLAKE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 244, 
nays 185, not voting 3, as follows:

                             [Roll No. 489]

                               YEAS--244

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

[[Page 17090]]


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

                               NAYS--185

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

                             NOT VOTING--3

     Napolitano
     Sestak
     Wittman


                Announcement by the Speaker Pro Tempore

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

                              {time}  1652

  Messrs. CALVERT, MACK, Mrs. MYRICK, Mr. EHLERS and Mrs. EMERSON 
changed their vote from ``yea'' to ``nay.''
  Ms. VELAZQUEZ and Ms. CASTOR of Florida changed their vote from 
``nay'' to ``yea.''
  So the question of consideration was decided in the affirmative.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. WITTMAN. Mr. Speaker, on rollcall No. 489, I was unavoidably 
detained. Had I been present, I would have voted ``nay.''
  The SPEAKER pro tempore. The gentleman from Massachusetts is 
recognized for 1 hour.
  Mr. McGOVERN. Mr. Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentlelady from North Carolina, Dr. 
Foxx. All time yielded for consideration of this rule is for debate 
only.


                             General Leave

  Mr. McGOVERN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and to insert extraneous materials into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  House Resolution 609 will allow this body to consider H.R. 2997, the 
Fiscal Year 2010 Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies Appropriations Act.
  Mr. Speaker, this is a good bill that deserves the support of every 
single Member in this body.
  The chairwoman, Rosa DeLauro, Ranking Member Jack Kingston, the 
subcommittee members and their staffs worked tirelessly to craft a bill 
that provides critical funding for the needs of rural America, 
conservation programs and two areas that are very important to me, 
domestic and international food nutrition.
  Mr. Speaker, this bill is not perfect. There are programs that I 
think should be funded at higher levels and other programs that should 
be reduced. Other colleagues undoubtedly have different priorities. But 
I believe that this bill is a solid, thoughtful, good compromise.
  The FY 2010 Agriculture Appropriations Act makes three major 
investments. It protects Americans' public health with increases in 
food safety and funding for the Food and Drug Administration. It 
delivers critical funding and support for domestic and international 
food and nutrition programs, and it provides important assistance for 
rural America by providing funds for rural development, animal and 
plant health, broadband service, and conservation programs.
  Mr. Speaker, this bill provides $22.9 billion for these critical 
programs. I should point out, less than President Obama's budget 
request.
  With the economic crisis facing families across this Nation, the 
funding for rural America is more important today than ever. The rural 
development programs will create real opportunities for economic growth 
and development in small communities throughout our country. There is 
funding for rural housing, investments in rural businesses, and support 
for new community facility infrastructure. The funding for the Farm 
Service Agency and agriculture research is of vital importance as our 
farmers and ranchers continue to adapt their businesses into the 21st-
century economy.
  I particularly want to thank Chairwoman DeLauro for including 
critical funding for the eradication of the Asian long-horned beetle. 
This devastating insect has infiltrated my hometown of Worcester, 
Massachusetts, and surrounding towns. Because there is no natural 
predator, the only way to eradicate the insect is to eliminate the 
trees where they live. If this infestation is not stopped, you could 
devastate the hard wood forest of New England. This is an expensive but 
critically important endeavor and this bill provides significant 
funding for that effort.

[[Page 17091]]

  Mr. Speaker, as we have seen over the past few years, America's food 
supply is simply not as safe as it should be. We have seen salmonella 
and E. coli outbreaks in various parts of this country. And the 
continuing importation of food from around the world means we need to 
have a vigilant and dedicated effort to protect our food supply from 
contamination.
  This bill provides funding specifically for the inspection of meat, 
poultry and egg products. There is also critical funding to improve the 
safety of domestic and imported food and medical products. These 
programs alone make this bill worth supporting, and I commend 
Chairwoman DeLauro for her steadfast support of this work.
  Finally, Mr. Speaker, and of great importance to me, are the programs 
that provide food and nutrition to millions of people here at home and 
around the world. This bill provides significant funding for SNAP, 
formerly called food stamps; for WIC, the Commodity Supplemental Food 
Program and International Food Aid, both P.L. 480 title II and the 
McGovern-Dole Food for Education and Child Nutrition program.
  I have long believed, Mr. Speaker, that hunger here at home and 
around the world is a political condition, that we have the resources 
to end hunger; but we simply haven't mustered the political will to do 
so. This bill is a major step forward in that fight to end hunger.
  Domestically, this bill fully funds the Women, Infants and Children, 
or WIC, program. This is a vital program that provides healthy and 
nutritious food to pregnant mothers and their newborn children. The 
funding in this bill will help over 700,000 more women, infants, and 
children. That means over 10 million people will now be able to 
participate in this important program.
  The bill also provides funding for the Commodity Supplemental Food 
Program, something the Bush administration never thought fit to fund, 
but which actually provides nutritious food to over 500,000 low-income 
women, infants and children and elderly people who struggle with high 
food costs. This bill also expands the CSFP participation into six 
States: Arkansas, Oklahoma, Delaware, Utah, New Jersey and Georgia.
  The SNAP program, authorized in the farm bill, is funded through the 
FY2010 Agriculture Appropriations bill. This is one of the most 
important safety programs in the country. Low- and middle-income 
families who struggle to put food on their tables are able to turn to 
the SNAP program for help.
  There are over 36 million people in this country who go without food 
during the year. Too often, families are forced to choose between rent, 
utilities, and food. SNAP allows families to receive funding so they 
can buy the food they normally wouldn't be able to afford.
  Mr. Speaker, healthy, nutritious food is a right, not a privilege. 
The notion that we should turn our backs on people who cannot afford it 
is unfathomable. Millions of Americans needed this help even before the 
economic downturn.
  Today, the number of hungry Americans will undoubtedly be higher than 
last year; and without SNAP, millions of Americans would go to bed 
hungry every day. I am proud of the program, and I congratulate the 
Speaker of the House and Chairwoman DeLauro in their support for this 
and other anti-hunger efforts.
  Finally, I am pleased that there is a significant investment in the 
International Food Aid provisions funded in this bill. Many of my 
colleagues may not know that International Food Aid is funded in the 
Agriculture Appropriations bill.

                              {time}  1700

  But this bill thanks the leadership of Chairwoman DeLauro, increases 
funding for P.L. 480 title II by $464 million for a total of $1.69 
billion.
  This bill also increases funding for the McGovern-Dole program, 
increasing the total to $199.5 million. Based on our Nation's school 
meal program, the McGovern-Dole program provides food to millions of 
hungry kids at school, allowing children to receive both food and an 
education.
  Mr. Speaker, this is a good bill. It funds the priorities of our 
Nation and it deserves our support.
  I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I thank my colleague from Massachusetts for 
yielding me this time. While we often disagree on issues, it is clear 
that he is passionate about this issue.
  Mr. Speaker, I come before you today deeply concerned about the 
closed rule we have before us. Throughout this appropriations season, 
the Democrat majority has taken unprecedented steps to silence both the 
minority and their own Democrat colleagues by offering all 
appropriations bills under closed rules. This has consistently 
eliminated the ability of Members to speak up for how their 
constituents believe their money should be spent.
  But today marks a record in modern history. Today, the Democrat 
majority has gone even further by surpassing the number of restrictive 
rules ever offered during appropriations season in the House of 
Representatives.
  Mr. Speaker, when Republicans were in the majority, the most regular 
appropriations bills considered under a restrictive rule in any single 
season was four in 1997 which was before my colleague, Mr. Dreier, was 
the chairman. Today, with the addition of this rule, the Democrat 
majority has exceeded that modern record.
  After promising the American people during campaign season that this 
would be the most open and honest Congress in history, Speaker Pelosi 
has gone back on her word in the name of appropriations season by 
making this the most closed and restrictive Congress in history.
  Instead of having their ideas heard, the American people are being 
silenced with Speaker Pelosi's justification that, We won the election, 
so we decide.
  As my colleagues have expressed during the past four appropriations 
debates this season, bringing appropriations bills to the floor under a 
closed rule is unprecedented. It does an injustice to both Republicans 
and Democrats who want to have the opportunity to offer amendments and 
participate in debate with their colleagues over pressing issues of our 
time.
  By choosing to operate in this way, the majority has cut off the 
minority and their own colleagues from having any input in the 
legislative process.
  Mr. Speaker, I urge my colleagues to vote ``no'' on this rule.
  I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
Connecticut (Ms. DeLauro), the Chair of the Agriculture Subcommittee.
  Ms. DeLAURO. Mr. Speaker, I thank the gentleman and appreciate him 
yielding me this time.
  I want to say thank you to the ranking member of the subcommittee, 
Mr. Kingston, for his collaboration and input over the last few months. 
Our staffs have worked together effectively, and together we have 
crafted what I believe to be a very strong bipartisan bill.
  In addition, I think this Agriculture-FDA Appropriations bill is a 
smarter, better piece of legislation thanks to the hard work of both 
the subcommittee and the full committee. We have looked at many, many 
different amendments that have come up over the course of the process 
of writing the bill, and together we have honed it into some very 
effective and worthy legislation.
  We have had an open process throughout the subcommittee and committee 
markups. I believe this rule sets in motion what has been a fair 
process. I understand that close to 100 amendments were submitted to 
the committee. Clearly, my colleagues on the other side of the aisle 
have had an opportunity to speak their minds on these issues and have 
their amendments considered and made in order.
  As it has in recent years, the bill focuses on several key areas, 
such as: protecting public health; bolstering food nutrition; investing 
in rural communities; supporting agricultural research; strengthening 
animal health and marketing programs; and conserving our natural 
resources.
  The bill provides for $22.9 billion in funding, an 11 percent 
increase over the 2009 levels, the vast majority of which went toward 
three program areas: the WIC program, FDA, and International Food Aid. 
Additionally, in order to make these important investments and use the 
resources available to it wisely, the bill proposes a number of cuts 
totaling more than $735 million.
  We protect the public health by providing a substantial increase for 
the Food and Drug Administration, almost $373 million, 15 percent above 
2009, in

[[Page 17092]]

an effort to hire additional inspectors and conduct more food and 
medical products inspection.
  In addition, the bill provides over $1 billion for the Food, Safety 
and Inspection Service at the USDA.
  Conservation. We know that conserving our natural resources, cleaner 
water, reduced soil erosion and more wildlife habitat is critical. The 
bill makes a significant investment in USDA's natural resource 
conservation programs by appropriating $980 million.
  The bill rejects the administration's cuts to the Natural Resources 
Conservation Service's farm bill conservation programs, including the 
Wetlands Reserve Program, the Farm and Ranch Lands Protection Program, 
and the Wildlife Incentives Program.
  In addition, the bill restores funding for other valuable programs, 
including the Resource Conservation and Development Program, and the 
Watershed and Flood Prevention Operations Program as well.
  With regard to nutrition, to help those who are hit hardest by the 
economic crisis, the bill provides $681 million, a 10 percent increase 
for WIC, to serve our Nation's vulnerable populations and to support 
participation of 10.1 million people. The bill also includes record 
funding of $180 million for the Commodity Supplemental Food Program, or 
CSFP, and expands assistance to six new States: Arkansas, Oklahoma, 
Delaware, Utah, New Jersey, and Georgia.
  International Food Aid. The bill expands America's traditional 
commitment to International Food Aid by providing an increase of $464 
million, a 27 percent increase, to P.L. 480, the United States' primary 
International Food Aid program. We also provided an additional $99.5 
million to the McGovern-Dole International Food for Education and Child 
Nutrition Program, doubling that number from 2009.
  In terms of rural development, the bill creates opportunities for 
growth and development of the Nation's small town economies. It 
increases funding for water and wastewater infrastructure by $73 
million. There is $8.7 billion for housing, $541 million for community 
facilities, and $9.3 billion for the rural utility programs.
  Increased funding for agriculture. There are significant investments 
in agriculture research: $1.2 billion for the Agricultural Research 
Service and $1.2 billion for the Cooperative State Research, Education 
and Extension Service. That funding increases the opportunity for key 
programs such as the Hatch Act, Evans-Allen, the new competitive 
Agriculture and Food Research Initiative, Smith Lever, the 1890 
programs, and the Veterinary Medical Services Act.
  The SPEAKER pro tempore. The gentlewoman's time has expired.
  Mr. McGOVERN. I yield the gentlelady an additional 1 minute.
  Ms. DeLAURO. With the continued volatility in the futures markets, 
the bill provides the administration's request for the Commodity 
Futures Trading Commission, $160.6 million, $14.6 million over 2009.
  Finally, the bill includes language which has been carried since 
fiscal year 2008 which prohibits the use of funds in the bill to 
establish or implement a rule allowing the importation of processed 
poultry products from China. When USDA determined that the Chinese food 
system was ``equivalent'' to ours, it used a flawed process in making 
that determination and placed trade considerations above public health. 
Recognizing that, as well as the many problems that have been 
identified with the Chinese food safety system, it is important that 
the language remain in the bill.
  In closing, I thank the Rules Committee for considering this 
important bill. I am proud of the work we have done. I urge my 
colleagues to support this rule.
  Ms. FOXX. Mr. Speaker, I now yield such time as he may consume to the 
distinguished ranking member of the Rules Committee, the gentleman from 
California (Mr. Dreier).
  Mr. DREIER. Mr. Speaker, I thank my friend from Grandfather community 
for yielding me the time, and appreciate her fine service to the Rules 
Committee.
  Sadly, she is on the minority side presiding over another very, very 
sad day for Democrats and Republicans and the American people. Mr. 
Speaker, if we pass this rule today, we will again set a record. The 
record we will be setting is the largest number of restrictive rules 
for consideration of appropriations in the history of the Republic.
  Now, in the past we have had restrictive rules that have come about 
after an open amendment has begun on the floor, and the Rules Committee 
has taken action. In 1997 it happened on four occasions, and we 
ultimately did in fact put into place restrictive rules.
  This is the fifth rule for consideration of an appropriations bill. 
And so by virtue of the action that I suspect this House will take, we 
have to remember that the rights of the American people, not the rights 
of Republicans, the rights of the American people, Democrats and 
Republicans, all are being subverted with this process that is being 
put into place. In fact, it is a sad day because by virtue of taking 
this action, Mr. Speaker, what is happening is we are now setting the 
new norm. The new norm is a restrictive process shutting down the 
rights of Democrats and Republicans from having an opportunity to amend 
appropriations bills.
  What I have here is a copy of the House Rules and Manual. And 
tragically, tragically as we look at this appropriations process, our 
colleagues are going to, 10 or 20 years from now, be looking at the 
Rules and Manual and the moniker ``open rule'' will be little more than 
a footnote in the history of this institution based on the pattern we 
have set forward.
  I know that is all inside baseball, but the fact of the matter is it 
comes down to the effort being made by the majority to not only shut 
out Members of their own party, Republicans, but what is happening is 
we are preventing Members from having an opportunity to bring about any 
kind of reduction in spending. We know, with what we have seen under 
the actions of this Congress, what has happened, we spend too much, we 
tax too much, and we borrow too much. One of the things that has been 
great about the appropriations amendment process in the past has been 
simply that Democrats and Republicans could stand up and offer germane 
amendments that could bring about reductions in spending.
  The gentleman from Ohio (Mr. Jordan) has consistently gone up to the 
House Rules Committee, made an attempt to bring about some kind of 
opportunity for spending reduction. He has had very few opportunities 
to do that. It is denied again in this rule that is before us.
  And so, Mr. Speaker, again it is a very unfortunate thing that when 
you look at the appropriations bills and see that the bill that we are 
considering up in the Rules Committee right now, the Foreign Operations 
bill, has a 33 percent increase. The Interior bill, a 17 percent 
increase. This Agriculture bill that we are considering the rule on 
right now, a nearly 12 percent spending increase.
  Now the American people have sent a very clear message: They want to 
make sure they keep their jobs. They don't want to lose their 
businesses. They don't want to lose their homes. And they were promised 
by President Obama that if we passed a $787 billion stimulus bill, that 
the unemployment would not exceed 8 percent. Well, it is now 9.5 
percent, and so I think the message may be getting through to some 
people who heretofore may have been supportive of an increase in 
spending, that maybe that is not the best way. And so I think Democrats 
and Republicans alike may want to have an opportunity to bring about 
some kind of reduction in these 17 percent increases, the 11 to 12 
percent increases, the 33 percent increases, when they in their family 
budgets are trying to hold onto their jobs. And obviously, if they have 
lost their jobs or homes, they are faced with tremendous reductions in 
their own personal budgets.
  We recognize there is a proper role for the Federal Government. 
Spending needs to take place, but we should not in any way be 
continuing down the road that we are, denying Democrats and Republicans 
an opportunity to bring about even the most modest of spending cuts.
  I think of our friend, Mr. Broun from Georgia, who regularly comes 
before us to offer a one-half of 1 percent cut in appropriations 
spending, and we deny him through this process, which is now 
unprecedented, never been done before in the 220-year history of the 
country, denied an opportunity to do just that.

                              {time}  1715

  And so, again, Mr. Speaker, I hope very much that we will follow the 
direction that Ms. Foxx is providing us in voting ``no'' on this rule 
so that we can come back and have what has been the tradition up until 
this process, and that is an open, free, and fair debate so that 
Democrats and Republicans and, through their elected representatives,

[[Page 17093]]

the American people can finally be heard.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  I would like to submit into the Record the Statement of 
Administration Policy on this bill in which the Obama administration 
strongly supports this bill.
         Executive Office of the President, Office of Management 
           and Budget,
                                     Washington, DC, July 7, 2009.

                             (House Rules)

                   Statement of Administration Policy

       H.R. 2997--Agriculture, Rural Development, Food and Drug 
  Administration, and Related Agencies Appropriations Act, 2010 (Rep. 
                           Obey, D-Wisconsin)

       The Administration strongly supports House passage of H.R. 
     2997, making appropriations for Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies programs for the fiscal year ending September 30, 
     2010.
       A strong, vibrant rural America is central to our country's 
     future. The bill, as reported by the committee, makes 
     important investments in infrastructure so economic progress 
     does not bypass rural communities. The legislation provides 
     the resources necessary to keep our food and our medicines 
     safe and reliable. It provides critical support for farmers 
     to continue the nation's leading role in feeding the world. 
     This legislation also addresses chronic problems facing 
     Americans, including poverty and nutrition and housing. It 
     invests dollars in rural America for the benefit of all 
     Americans.
       In addition, the legislation responds to the President's 
     call for investments in programs that work while ending 
     programs that do not. This legislation gives priority to 
     merit-based funding in critical infrastructure programs. The 
     Administration urges the Congress to continue to apply high 
     standards to funding decisions so as to shape fiscally 
     responsible policies that provide solid returns on the 
     taxpayers' investments.
       The Administration would like to take this opportunity to 
     share additional views regarding the Committee's version of 
     the bill.


                       Administration Priorities

       Expand Broadband Access. The Administration appreciates the 
     Committee's support for the President's goal of increasing 
     access to broadband. However, the President's request 
     provided an increase in loan funding which the Committee 
     moves into grants, resulting in a decrease in loan support of 
     $132 million. This reduction will slow expansion of broadband 
     into rural America.
       Rural Revitalization. The FY 2010 Budget requested an 
     increase of $70 million for rural revitalization grants. The 
     Administration is disappointed that the Committee provides 
     less than $10 million of the requested increase, including no 
     increase for Secondary and Post-Secondary Education, 
     Institution Challenge Grants, or the Quality of Life Program.
       Renewable Energy. The Administration appreciates the 
     support the Committee has provided to the United States 
     Department of Agriculture's (USDA) Rural Business programs. 
     However, the Administration urges the Congress to fund the 
     Rural Energy for America program at the full requested 
     amount. This program is necessary in promoting energy 
     efficiency and renewable energy in rural communities.
       Efficiencies and Cost-Saving Proposals. The Administration 
     appreciates the Committee's support for some of the 
     President's initiatives to terminate or reduce USDA programs 
     that have outlived their usefulness, such as public broadcast 
     grants to help the digital conversion, or that are 
     duplicative of other USDA programs, such as high-cost energy 
     grants. The Administration encourages the Congress to 
     reconsider other proposals made by the Administration that 
     would better target scarce resources and eliminate 
     duplicative programs.


                   Food Safety and Inspection Service

       The Administration is concerned with sections 723 and 724 
     of the bill which deal with food safety issues. The 
     Administration would like to work with the Congress to 
     address the issues raised by the Committee in a manner that 
     would protect the Nation's food supply and be consistent with 
     our international obligations.


                      Food and Nutrition Services

       The Administration is pleased with the Committee's support 
     for strengthening nutrition assistance programs by including 
     funding for food banks, community-based food providers, fully 
     funding WIC, and by supporting a pilot initiative to help 
     increase elderly participation in the Supplemental Nutrition 
     Assistance Program.


                          Farm Service Agency

       The Administration appreciates that the Committee provides 
     full funding to begin modernization of the Farm Service 
     Agency's information technology network. Once completed, the 
     multi-year stabilization and modernization plan, dubbed 
     ``MIDAS,'' will allow the agency to provide program benefits 
     in a more efficient, accurate, and responsive manner.


                           Rural Development

       The Administration appreciates that the Committee funds the 
     majority of Rural Development at the President's requested 
     levels. However, funding for the Rental Assistance Grants 
     falls $77 million short of the estimate needed to renew the 
     expiring rental assistance contracts expected in FY 2010. The 
     Administration urges the Congress to provide the full request 
     of $1.1 billion, which will continue the support of rents for 
     USDA-financed properties on behalf of the tenants who receive 
     subsidized rent.


                   Food and Drug Administration (FDA)

       The Administration appreciates that the Committee provides 
     the request to strengthen the FDA's efforts to make food and 
     medical products safer. This funding will allow FDA to work 
     with domestic and foreign industry to develop new control 
     measures for all levels of the supply chain, improve and 
     increase risk-based inspections, and respond more effectively 
     with rapid and targeted product tracing when problems do 
     occur.


                        Constitutional Concerns

       Consistent with the Executive Branch's long-standing views 
     regarding section 713, the Administration notes that section 
     713 raises constitutional concerns under the Recommendations 
     Clause and should be eliminated.

  I will also point out that the bill that has been reported by the 
Appropriations Committee is less in terms of spending than what the 
Obama administration originally requested.
  I would also say, and I want to say this very strongly, that I 
support the increases in spending in this bill because they're mostly 
in two areas, food safety and food security, making sure that the food 
that people buy in supermarkets is safe and making sure that people in 
this country who are hungry because of this lousy economic situation 
can have enough to eat, can put food on the table for their families.
  We have a terrible situation in this country where the number of 
hungry people is in the tens of millions, and we can't just walk away 
from that. And my colleague talks about across-the-board cuts. Across-
the-board cuts that make no sense and don't discriminate as to where 
they're going to cut means you're going to cut programs for food and 
nutrition that will literally take the food out of the mouths of hungry 
children. I don't want to do that.
  This is a good bill. It has been worked on, I think, with great 
effort by both Democrats and Republicans, and I strongly support it.
  Mr. Speaker, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I now yield 2 minutes to my colleague from 
Texas (Mr. Conaway).
  Mr. CONAWAY. I thank the gentlelady from North Carolina.
  It's interesting that the debate is about the bill and not the rule 
itself. My colleagues on the other side continue to fail to defend 
their idea that we ought to have a closed rule in this process and that 
the amendments that would make this bill better are somehow trivial and 
shouldn't be debated on this floor. One of those amendments that I 
offered would have actually had an impact on the spending.
  My colleague from California talked about the opportunity to reduce 
spending in these bills. The theater, or the fiction that is associated 
with this process, Mr. Speaker, is that we will walk through some 
amendments later on to reduce spending in this bill. Should those pass, 
should 218 of us say we disagree with the hard work that the 
Appropriations Committee has done and want to reduce that spending, as 
we did with the $200,000 bicycle program recently at the end of June, 
that money still gets spent, Mr. Speaker. That money goes into the 
slush fund that allows the chairman of the Appropriations Committee to 
spend it in conference on deals that he wants to do, on rewards that he 
wants to make available to folks who have toed the line on the other 
side of the aisle.
  The amendment that I would have proposed would have said that if 218 
of us come to this floor and disagree with a particular provision in 
the bill that the Appropriations Committee has done, that money 
wouldn't get spent; that money would actually reduce the deficit. My 
colleagues on the other side are frightful of that issue because 
they're afraid, like on the $200,000 with the bicycle program, that the 
will of this Congress may be that we disagree with the appropriations 
process.
  The Appropriations Committee does yeoman's work. They have a hard job

[[Page 17094]]

to do in ferreting out priorities on spending. It's a job that I do not 
aspire to, but they should just get one bite at that apple. And my 
amendment would have simply said, Appropriations Committee, do the best 
work you can, bring that product to this floor, then allow the 435 of 
us, the rest of us who aren't on the Appropriations Committee, to have 
our say, to have the debate, to have the conversation about whether or 
not something is valid. And then if 218 of us disagree with the 
priorities that the appropriations process has set on this Ag spending, 
then that money simply would not be spent, they will not get a second 
bite at that apple.
  But the Rules Committee, in their infinite wisdom, has said no, 
that's too complicated, that's too hard for this body to consider. And 
so, Mr. Speaker, as a result of that, I urge my colleagues to vote 
against this rule because it is flawed on its face.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  The gentleman, my good friend from Texas, said he wants to talk about 
process and procedure, so let's talk about process and procedure.
  The amendment he brought before the Rules Committee was a violation 
of the House rules. Even under a complete open rule on the House floor, 
it would have been subject to a point of order because it was 
legislating on an appropriations bill. So you want to talk about 
process, we'll talk about process. The gentleman's amendment would have 
been not in order under any process.
  Mr. Speaker, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I now yield 2 minutes to our colleague from 
Indiana (Mr. Burton).
  Mr. BURTON of Indiana. Mr. Speaker, we have heard of the problems 
with the rule, but that's not the thing that really bothers me. What 
bothers me is how much money we're spending.
  Since last October, this is what we've spent: $700 billion for TARP; 
$70.3 billion for CHIP; $1.16 trillion, that includes the interest, for 
the stimulus bill; $625 billion, which includes interest, for the 
omnibus bill; $125 billion for the war supplemental. The American 
people are struggling right now because of the economy, and we're 
spending money like it's going out of style.
  This bill that we're talking about right now under this rule is going 
to have a $2.4 billion increase over last year. That's 12 percent. And 
if you compare that to fiscal year 2008, the budget that the programs 
under this bill operated under until passage of the omnibus in 
February, it's $4.8 billion more, or a 27 percent increase. And then 
they've also added $7.9 billion of emergency designated spending during 
the current fiscal year. Where in the world are we going to get this 
money?
  The American people are starting to realize that there is going to be 
very high inflation down the road because we can't pay for this stuff, 
so they're printing this money down at the Treasury Department. And 
when you print more money and it's chasing the same amount of goods and 
services, you're going to have inflation, and it's going to be high 
inflation. We had it in the early eighties when it was 14 percent, and 
they had to raise interest rates to 21 percent to stop the inflationary 
trend. And that is what's going to happen again if we don't get control 
of the spending.
  This is the wrong approach. We need to cut spending instead of keep 
blowing this money.
  Mr. McGOVERN. Mr. Speaker, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I would now like to yield 2 minutes to our 
colleague from Texas (Mr. Brady).
  Mr. BRADY of Texas. Mr. Speaker, the underlying bill contains an 
unnecessary and, I think, counterproductive provision banning the 
importation of poultry from China. The provision has no food safety 
basis but puts at risk American jobs and puts at risk at least $350 
million of American poultry sales to China that that country will 
reportedly block in retaliation.
  The gentleman from Georgia (Mr. Kingston) offered an amendment to 
strike this dangerous provision, but the majority refused, 
unfortunately, to make it in order. This provision will effectively 
close off a huge export market for our farmers while leaving unchanged 
the amount of poultry we import from China--zero, by the way--because 
of our already strong food safety protections.
  Even America's poultry industry doesn't support this provision. Even 
those who would benefit, supposedly, don't support this provision. I 
would like to submit for the Record a letter from a wide range of 
associations opposed to this language because of the impact here on 
American jobs. The White House has registered concerns as well with the 
provision.
  I support science-based oversight of food safety, but this provision 
will backfire. It will hurt American farmers without any impact on food 
safety. At a time when our country is struggling with the economy, this 
Congress taking actions that hurt American jobs and hurt American 
farmers is exactly the wrong way to go. This provision should be left 
out of the final bill.

                                                   April 30, 2009.
     Hon. Barack Obama,
     President, United States of America, The White House, 
         Washington, DC
       Dear Mr. President: We are writing to urge you to oppose 
     any provisions in the annual appropriations bills that may be 
     inconsistent with our trade obligations under the provisions 
     of World Trade Organization (WTO) agreements. In particular, 
     we urge your Administration to actively oppose a provision 
     that would bar implementation of a U.S. Department of 
     Agriculture (USDA) Food Safety and Inspection Service (FSIS) 
     regulation governing the importation of cooked poultry 
     products from China. We respectfully request that your 
     Administration work with Congress to amend the Omnibus 
     Appropriations Act of 2009 to eliminate the current 
     application of this provision and to help prevent its 
     inclusion in future Appropriations measures.
       We agree that the U.S. Government must effectively regulate 
     the safety and quality of food products sold in this country. 
     However, to maintain the effectiveness and integrity of the 
     food safety system, such regulations must be based on sound 
     science and an appropriate risk assessment. Laws and 
     regulations must also be crafted such that the U.S. does not 
     ignore its international trade obligations--obligations that 
     the U.S. Government has helped to develop and in particular, 
     to prevent other countries from adopting protectionist, non-
     science based measures against U.S. food and agriculture 
     exports under the guise of food safety. At a time when U.S. 
     producers are seeking to sell their goods and services abroad 
     during a difficult global economic crisis, it is vital that 
     we uphold our trade obligations, lest we find access to vital 
     overseas markets cut off to American products.
       Section 727 of the Omnibus Appropriations Act of 2009 
     forbids funds from being used to ``establish or implement a 
     rule allowing poultry products to be imported into the U.S. 
     from the People's Republic of China.'' Similar provisions 
     have been included in annual appropriations since FSIS issued 
     a final rule on cooked chicken imports from China in 2006 and 
     another prohibition is to be proposed for the bill for Fiscal 
     Year 2010.
       Section 727 and its predecessors effectively bar FSIS from 
     conducting a necessary and appropriate risk assessment on 
     whether imports of cooked chicken from China pose any risk to 
     American consumers. Because the provision specifically 
     targets imports from only one country, it conflicts with the 
     U.S. obligation to treat trading partners equally. Indeed, 
     the People's Republic of China has already filed a dispute 
     settlement case against the U.S. at the WTO on this matter.
       If there are concerns about the safety of cooked chicken 
     imports from China--and we should note that this includes 
     poultry that originates in the U.S.--they should be addressed 
     through sound science in the regulatory channels, not through 
     ad hoc legislation or appropriations bills. Section 727, 
     however, precludes scientific analysis from being conducted, 
     therefore adversely affecting U.S. credibility and 
     potentially hindering U.S. market access overseas.
       If the U.S. cannot uphold the basic rules of international 
     trade, our trading partners may take similar actions against 
     U.S. exports, which will ultimately harm American workers, 
     farmers, businesses and the U.S. economy as a whole.
           Respectfully,
         Advanced Medical Technology Association, Agri Beef 
           Company, AJC International, Incorporated, American Farm 
           Bureau Federation, American Meat Institute, Animal 
           Health Institute, Butterball, LLC, Cargill, 
           Incorporated, DGM Commodities, Corporation, Edwards 
           Lifesciences, Elanco, Emergency Committee for American 
           Trade, Fieldale Farms Corporation, Grocery 
           Manufacturers Association, Grove Services, 
           Incorporated, Hormel Foods Corporation,

[[Page 17095]]

         Interra International, Incorporated, JBS S.A., Keystone 
           Foods, LLC, Kraft Foods, Incorporated, Maritime 
           Products International, Mar-Jac Poultry, Incorporated, 
           MetaFoods, LLC, Michigan Corn Growers Association, 
           Monsanto Company, National Cattlemen's Beef 
           Association, National Chicken Council, National 
           Fisheries Institute, National Foreign Trade Council, 
           National Meat Association, National Pork Producers 
           Council, National Retail Federation.

  Ms. FOXX. Mr. Speaker, I now would like to yield 4 minutes to our 
colleague from Georgia (Mr. Kingston).
  Mr. KINGSTON. I thank the gentlewoman from North Carolina. I'm sorry 
for throwing you off a minute ago. I certainly appreciate the time.
  I speak against this rule, Mr. Speaker, simply because it's a closed 
rule. You know, we come here, 435 Members representing 300 million 
people all across the United States of America with different ideas, 
and we are about to vote on a $123.8 billion bill in which these 435 
Members of Congress have different ideas of how to change it.
  Now, you know the expression, you're dressed up with no place to go. 
That's what it's like being on the Appropriations Committee. Maybe even 
rehearsing for a dance, and when you get to the dance, you find out 
you're not even allowed to dance. Well, that's what happens.
  Ms. DeLauro and I worked very closely over the last several months--
and, indeed, over the last several years--working on agriculture 
issues. We have some sincere agreements, sincere disagreements, but we 
always have a dialogue going.
  But now here, as we are in maybe not the home stretch, but at least 
the halfway point, we find out that the minority Members really can't 
participate today except for in a very narrowly focused gag rule. We 
submitted 90 amendments--we, Democrats and Republicans--in an effort to 
improve this bill, and of those, I believe 12 have been agreed upon. 
And of those, four are noncontroversial and five of them are a little 
bit superficial, if not routine.
  I am just so disappointed in the fact that we can't get back to 
regular order. We have quoted David Obey, the chairman of the 
Appropriations Committee, many times on the House floor and his words 
to the effect that when he was in the minority, how disappointed he 
was. And he pointed out that when we lose the rights of the minority, 
we lose the right to be called the greatest deliberative body left in 
the world.
  We had a good debate in the Rules Committee, and I thank my friend, 
Mr. McGovern, for facilitating that debate last night. And I don't 
believe that the Rules Committee made the final decision. I think the 
final decision was made down the hall by some staffers. I just believe 
that this really tightlipped, ironclad straitjacket on debate is bad 
for the system, as Mr. Obey lamented in 2006.
  You know, there is a great line from ``Fiddler on the Roof.'' The 
star of it, I think his name is Tevye--I'm not sure, but I know these 
are the words. And he said in the song, ``If I Were a Rich Man,'' 
``Lord who made the lion and the lamb, you decreed I should be what I 
am. Would it spoil some vast eternal plan, if I were a wealthy man?''
  And so my question to my friends on the Rules Committee is, would it 
really spoil some vast eternal plan if you had an open rule? And you 
know the answer is certainly not. And you know that when we were in 
charge for 12 years, we had open rules--7 out of 12 years we had open 
rules on every single appropriations bill except for Legislative 
Branch. And as respects the Ag bill, we only had 1 year that we had a 
modified closed rule, and that was after 16 hours of debate.
  So what is the vast eternal plan that we would spoil if we were 
allowed, in a representative democracy, an open rule? What would really 
happen? Is it that the philosophies of the majority are so fragile that 
they are like a card house, that if a Republican sneezed in the form of 
an amendment the whole thing would tumble down and the Pelosi empire 
would come crashing to the floor and be exposed for some bad and evil 
thing? I don't believe that's the case.
  I think, frankly, that this body would do well with open rules and 
more debates. And I think it would foster a spirit of bipartisanship, 
because I think what we would find out is what most legislative bodies 
find out in State legislatures, that you've got good ideas from 
Republicans and good ideas from Democrats.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. FOXX. I yield the gentleman 1 minute.
  Mr. KINGSTON. I thank the gentlewoman.
  If you think about it, Mr. Speaker, some of the good ideas of 
Democrats melding--cross-pollination now--with good ideas of 
Republicans and good ideas of Independents, I think that would be a 
very healthy thing. And then this bill would go out of this Chamber to 
the other body, which we know has no good ideas whatsoever--just joking 
there. A little levity on the House floor is okay.
  The point is we could get together as Democrats and Republicans on 
the House floor and then go debate the Senate, and maybe our ideas 
would prevail. And those ideas wouldn't necessarily be branded as 
Democrat or Republican, but they would be branded as American ideas, 
and they would be of a representative democracy.
  So I hope we will vote this rule down and send it back to the Rules 
Committee, and then we will challenge that vast eternal plan--maybe not 
the one of the Democrat Party, but maybe the one of our forefathers--
that envisioned open debate in an open society as an underpinning of 
democracy.

                              {time}  1730

  Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Farr).
  Mr. FARR. Thank you very much, Mr. McGovern, for yielding.
  Mr. Speaker, I rise in support of the rule and in support of the 
underlying bill.
  I wasn't going to speak on it, but it just gets bothersome sometimes 
to see how much time we spend on debating a rule. I mean, this process 
is very open. There's no other process in the world that is as open as 
the process inside Congress. And to say that you're denied access to 
the hearings that set up the bill, to the markups, all of these things 
are very open.
  I served for 13 years in the California legislature, a full-time 
professional legislature. We didn't have rules for each debate that we 
were going to conduct on the floor. So in all the years I have served 
in Congress, I have never been asked how did you vote on a rule or was 
the rule an open rule or a closed rule or whatever. These are pretty 
esoteric terms of inside Congress. And to suggest that that process is 
denying people access to a process to make a law and decide how to 
spend money on the U.S. Department of Agriculture and the Food and Drug 
Administration, I think, is an exercise in a little bit of futility.
  The substance underlying here is very good. It's about how we spend 
the money, taxpayers' money, on these agencies that are responsible for 
overseeing our food safety, for overseeing the incredible array of 
agriculture that we have in this country unlike any other country in 
the world. The diversity is incredible. Just the county I represent 
grows 85 different crops. I don't think there's another county in the 
United States or the world that grows 85 different crops, $3 billion in 
sales. So all fresh fruit and vegetables, things that you're eating in 
your salad today, a lot of it harvested by immigrants. It's an amazing 
thing because the Department of Agriculture also does the rural 
infrastructure, rural electric, rural water, rural farm work, farm 
worker housing and things like that, kind of the essence of a culture 
of a rural community. Broadband communication systems.
  We have a very competent chairwoman, and she has brought a great bill 
to the floor, and I ask that you support the rule.
  Ms. FOXX. Mr. Speaker, the majority party, because they bring bills 
to the floor, amendments to the floor at 3 a.m. and Members have no 
time to read the bills, have effectively taken away

[[Page 17096]]

the opportunity to read bills before we vote on them. And now to 
suggest that it's a waste of time to debate the bill is really taking 
this, I think, to an extreme. So I certainly hope that that idea 
doesn't catch on along with the idea of not letting people read the 
bills before they vote on them.
  Mr. Speaker, I would now like to yield 2 minutes to my colleague from 
New York (Mr. Lee).
  Mr. LEE of New York. I want to thank my friend for the time.
  Mr. Speaker, I rise to oppose the rule for H.R. 2997.
  Over the last year, the rapid decline in the price of milk has had a 
devastating impact on family farms in my district and throughout the 
Northeast region. This year farmers have reported receiving less than 
$11 per hundredweight for their milk, which is less than the $17.50 per 
hundredweight it costs to produce it. This gap is a killer for our 
dairy farmers and will lead to huge job losses in my region.
  Dairy farmers in Livingston County, New York, are projected to lose 
more than $23 million this year. In Wyoming County, New York, losses 
are projected at $28 million. And in Genesee County, over $60 million.
  I cannot emphasize enough how important dairy is to the western New 
York region. It is the Nation's third largest dairy State, generating 
over $2 billion in milk sales annually. More than 145,000 jobs in 
transporting, processing, and marketing milk are directly attributable 
to the region's dairy industry.
  That is why I offered two commonsense proposals to help our 
struggling dairy farmers, including one to enhance the Milk Income Loss 
Contract program and another to raise the dairy product support price. 
This would help ensure our struggling dairy farmers can remain viable 
in these tough economic times.
  Mr. Speaker, I regret that my amendments were not accepted. Our 
failure to act is reckless. Our dairy farmers are running out of time.
  I urge my colleagues to vote down the rule so we can give this crisis 
the attention it deserves.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  I want to respond to the gentleman from New York's comments. I 
realize that he's new, but the fact is that both of his amendments 
would have been a violation of the House rules even under an open rule. 
The gentleman was legislating on an appropriations bill. There are 
other ways for him to get his point across.
  I share his concerns on the dairy issue. I come from a New England 
State. But the fact of the matter is that even under an open rule, his 
amendments would have been ruled out of order because they're 
legislating on an appropriations bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I want to thank my colleague from New York for 
raising the issue of the plight of dairy farmers in particular. All 
across my district, we see farmers of all types going out of business, 
but particularly hard hit are the dairy farmers. And there is no 
tougher type of farming than dairy farming in this country. My husband 
and I have done a lot of farming in our lives. We've never had a lot of 
cows, but we both grew up milking cows. And believe me, that is the 
toughest work in the world. You've got to be there every day, all day, 
and these folks are really struggling to stay in business. And the sad 
part about it is that with the cap-and-tax bill that passed last week 
and so many of the other policies of this administration and this 
Congress, we are going headlong into putting a lot of our farmers out 
of business, particularly the dairy farmers.
  Again, the implication here is that we ought not to be spending a lot 
of time talking about the problems that we're facing in this country 
and that agriculture is facing, that all of our citizens are facing. 
But the Democrats in charge want to limit what ideas can be debated on 
the floor and what constituents can be represented in this House.
  Our constituents in both Republican districts and Democrat districts 
are struggling to make ends meet, are facing unemployment, and yet are 
being shut out of participating in a debate over how their hard-earned 
taxpayer dollars are being borrowed and spent by the Federal 
Government.
  It is a mystery as to why the majority is blocking debate on such 
important legislation. What are they afraid of? Are they protecting 
their Members from tough votes? Are they afraid of the democratic 
process? It's hard to know why they're doing it.
  The Speaker has gone back on her word about making this the most open 
process in the world. Is she afraid that the American people will 
disagree with her? Is she keeping other Democrats from having to make 
tough decisions on difficult votes? Is she afraid of the very 
principles upon which our country is founded? We are very concerned, 
again, with the direction in which this Congress is going as far as the 
rules are concerned.
  During the Independence Day break, I was at home. I went to a lot of 
functions. I spoke to my constituents. I spoke to hundreds of them. 
They told me over and over and over again how concerned they are about 
the direction this country is going. They used the word ``frightened'' 
over and over again. I talked to my colleagues on both sides of the 
aisle, and they say they are hearing the very same things from their 
constituents at home. They are concerned about the amount of money 
that's being spent by this Congress, the policies that this 
administration is taking, and the direction in which they are moving.
  We know that the Democrats have proposed spending $1.89 trillion of 
American taxpayer money for discretionary government programs in the 
2010 fiscal year. When all appropriation spending is combined, the 
Democrats have increased nondefense, nonveteran discretionary spending 
by 85 percent over the last 2 fiscal years. With millions of jobs lost 
since the passage of the stimulus, the President said this morning 
``there is nothing we would have done differently concerning the $787 
billion spending bill.''
  But that spending bill, which is really a trillion-dollar spending 
bill because of the cost of the bill, isn't creating the jobs Democrats 
promised. Even the Vice President said over the weekend this regarding 
the bill's poor returns: ``The truth is we and everyone else misread 
the economy.''
  Well, no, not everyone else did that because Republicans all voted 
against the stimulus bill. You aren't going to hang that around our 
necks, Mr. Vice President.
  House Democrats now want to spend another trillion dollars on a 
government-run health care bill after they have just crammed through a 
national energy tax.
  At the same time, House Republicans are being denied the opportunity 
to offer cost-cutting amendments to save taxpayer money. Many 
Republican proposals could save billions in wasteful government 
spending and better prioritize how Washington spends taxpayer funds. 
But these ideas are being shut down. This is not the way to operate the 
greatest deliberative body in the world.
  I am going again to suggest to my colleagues that they vote ``no'' on 
this rule because this is not the way we should be going.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I have no further requests for time, and I 
reserve the balance of my time.

                          ____________________




                           MOTION TO ADJOURN

  Ms. FOXX. Mr. Speaker, I move that the House do now adjourn.
  The SPEAKER pro tempore. The question is on the motion to adjourn.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Ms. FOXX. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 35, 
nays 368, not voting 29, as follows:

[[Page 17097]]



                             [Roll No. 490]

                                YEAS--35

     Bartlett
     Boehner
     Broun (GA)
     Campbell
     Chaffetz
     Clay
     Coffman (CO)
     Connolly (VA)
     Flake
     Foxx
     Garrett (NJ)
     Gutierrez
     Halvorson
     Hensarling
     Inglis
     Johnson (IL)
     Johnson, Sam
     King (IA)
     Kingston
     Lamborn
     Marchant
     McHenry
     Miller, Gary
     Olson
     Paul
     Pence
     Price (GA)
     Rangel
     Shadegg
     Shimkus
     Taylor
     Thornberry
     Tiahrt
     Westmoreland
     Young (AK)

                               NAYS--368

     Abercrombie
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chandler
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     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
     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
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Spratt
     Stark
     Stupak
     Tanner
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Waters
     Watson
     Waxman
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                             NOT VOTING--29

     Ackerman
     Andrews
     Barton (TX)
     Bean
     Bishop (GA)
     Cassidy
     Childers
     Clarke
     Cummings
     Doyle
     Franks (AZ)
     Fudge
     Gohmert
     Granger
     Hinojosa
     Moran (VA)
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Schock
     Sestak
     Souder
     Speier
     Stearns
     Sullivan
     Sutton
     Wasserman Schultz
     Watt
     Weiner


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 5 minutes 
remaining in this vote.

                              {time}  1805

  Messrs. DANIEL E. LUNGREN of California, TIERNEY, HASTINGS of 
Florida, LEE of New York, and LATHAM changed their vote from ``yea'' to 
``nay.''
  So the motion to adjourn was rejected.
  The result of the vote was announced as above recorded.

                          ____________________




     PROVIDING FOR CONSIDERATION OF H.R. 2997, AGRICULTURE, RURAL 
    DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

  The SPEAKER pro tempore. There are 17\1/2\ minutes remaining in 
debate.
  Ms. FOXX. Mr. Speaker, I would now like to yield 2 minutes to my 
colleague from Florida (Mr. Mica).
  Mr. MICA. Mr. Speaker and my colleagues, I just want to take a couple 
of minutes of the House's attention on this rule. I'm not a happy 
camper tonight because my amendment was not accepted as part of this 
rule.
  I have the honor and privilege of representing not only suburban and 
urban areas in central Florida, but I have some rural areas. Maybe you 
have some rural areas. I asked for a simple amendment to assist my 
potato farmers. Now you wouldn't think in Florida of potato farming 
being a big industry; but in part of my district and rural area, we had 
an incredible disaster hit several months ago. We had 25 to 30 inches 
of rain over several days, and it wiped out the potato crop. Have you 
ever seen rotten water-sogged potatoes? These are rotten water-sogged 
potatoes.
  Now this may not mean a lot to many of the folks on the Rules 
Committee, but we've had a custom in the House of helping Members when 
they have a disaster in their district. I had a disaster in my 
district. This isn't affecting me personally. We're talking about $45 
million not that I even need appropriated, just that I need a small 
adjustment to get to these potato farmers, who are losing their 
livelihoods, who are closing down their farms.
  Again, we had a disaster in my district. I asked for an amendment--
one of many that were rejected--to give a little bit of leeway to 
farmers in central Florida who will lose their businesses, not be able 
to employ people, not to be able to have the money to plant the crops 
so next year they won't be in business. That amendment was rejected 
summarily by the Rules Committee. So I'm not a happy camper.
  Now I thought of coming out here and calling a motion to adjourn 
after every bit of business that went on here in the House. I didn't do 
that. I still may take that option, I'm telling you, because I have 
people that don't have jobs, don't have the possibility of continuing 
their farm business. I have asked for a simple change, not more money--
the money's there--but to allocate money through some of the existing 
programs so they can get the money now to put people to work, save 
their crops and save the next crop. I didn't get that cooperation, so 
I'm not a happy camper.
  Mr. McGOVERN. Mr. Speaker, I yield myself as much time as I may 
consume.
  I appreciate that the gentleman is not a happy camper, and my 
sympathies go to his district for what it's going through. But as he 
knows, this is an appropriations bill. What he was doing was attempting 
to legislate on an appropriations bill, which would have been subject 
to a point of order under any circumstances. So maybe the gentleman 
could work with the appropriate committee to try to resolve

[[Page 17098]]

this issue. I surely would be willing to try to help him. But on this 
bill his amendment would have been made out of order under any 
circumstance.
  I have no further speakers other than me. I would yield to the 
gentlelady to close, and I reserve the balance of my time.
  The SPEAKER pro tempore. The gentlewoman from North Carolina has 3 
minutes remaining.
  Ms. FOXX. Mr. Speaker, the American people know that in these tough 
economic times, they should save, not spend money. However, the Federal 
Government does not reflect the common sense I see throughout my 
district. Instead, the Democrats in charge continue to borrow more and 
spend more, increasing our Federal deficit on the backs of our children 
and grandchildren. The bill facing us after this rule is a 12 percent 
overall increase in funding from last year's bill. The U.S. national 
deficit is currently $11.5 trillion. With over 300 million people in 
the U.S. today, each citizen's share of this debt right now is $37,500. 
This bill will increase the deficit even more by borrowing and spending 
money we do not have. The majority can no longer blame the deficit and 
economic difficulties today on the previous administration. The 
Democrats in charge have shown they do not care about the deficit by 
continuing to dig America into a bigger and bigger hole with more 
reckless spending. This borrowed money is all being spent by Speaker 
Pelosi, the Obama administration; and as a result, the unemployment 
rate continues to rise, and the deficit continues to skyrocket. There 
are 322 earmarks tucked into this bill, totaling $220 million in 
borrowed money for pet projects. The bill contains $1.3 billion in 
grant funding, awarded solely at the discretion of the administration.
  Mr. Speaker, there is an article today in Politico that says that we 
have a train wreck in this country because of out-of-control Federal 
budget deficits. I would like to include that in the Record today.
  I'm going to urge my colleagues to vote ``no'' on the previous 
question so I can amend the rule to allow all Members of Congress the 
opportunity to offer his or her amendment to the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
appropriations bill under an open rule.
  I ask unanimous consent that the text of the amendment and extraneous 
material be placed in the Record prior to the vote on the previous 
question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from North Carolina?
  There was no objection.
  Ms. FOXX. Again, I urge my colleagues to vote ``no'' on the previous 
question and ``no'' on the rule.
  I yield back the balance of my time.

                              {time}  1815

  Mr. McGOVERN. Mr. Speaker, we need to pass this rule and we need to 
pass this bill. This is a bill that provides funds to protect public 
health, moneys for the Food and Drug Administration, and it funds 
hunger and nutrition programs including fully funding WIC. There is 
money in here for rural development, conservation, oversight, and 
enforcement.
  Let's be clear, Mr. Speaker, the reason why we need this bill is in 
large part due to the 8 years of Republican neglect and indifference on 
a lot of these issues. More people in America today are hungry than a 
year ago. And I will tell the gentlelady from North Carolina that yes, 
there are increases in this bill, although it still comes in under the 
requests of President Obama, but there are increases in this bill, 
especially to help deal with the fact that so many in this country 
can't afford to put food on the table.
  I will also say to the gentlelady that these aren't just homeless 
people or these are not just people without jobs. These are 
increasingly working families, people who are working who can't afford 
to put food on their table in the United States of America, the richest 
country on this planet. That is shameful. And globally, because of a 
lack of leadership over the last 8 years, over 1 billion people are 
hungry. That may not bother some of my colleagues on the other side of 
the aisle, but it bothers me, it bothers my constituents, and it 
bothers the American people.
  My friends can complain all they want, but it won't feed a single 
hungry child. My friends can try all the obstructionist tactics that 
they want, but it won't save a single rural family farm. The American 
people want relief. They want us to provide a helping hand. I think too 
many of my friends on the other side of the aisle seem to me more 
interested in delaying, obstructing, and killing important legislation 
than advancing it. That may be the advice of some high-priced political 
consultant at the Republican National Committee, but it is a bad way to 
serve the American people.
  Our side has repeatedly tried to reach out and reach an accommodation 
on debate and on amendments with the minority, only to be rebuffed.
  Mr. MICA. Will the gentleman yield?
  Mr. McGOVERN. No, I will not.
  Be that as it may, our job as the majority party is to do the 
business of the American people, and passing this legislation is a part 
of doing that job.
  I urge my colleagues to vote ``yes'' on the previous question, 
``yes'' on the rule, and ``yes'' on the underlying bill.
  The material previously referred to by Ms. Foxx is as follows:

     Amendment to H. Res. 609 Offered by Ms. Foxx of North Carolina

       Strike the resolved clause and all that follows and insert 
     the following:
       Resolved, That immediately upon the adoption of this 
     resolution the Speaker shall, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2997) making appropriations for Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies programs for the fiscal year ending September 30, 
     2010, and for other purposes. The first reading of the bill 
     shall be dispensed with. All points of order against 
     consideration of the bill are waived except those arising 
     under clause 9 or 10 of rule XXI General debate shall be 
     confined to the bill and shall not exceed one hour equally 
     divided and controlled by the chairman and ranking minority 
     member of the Committee on Appropriations. After general 
     debate the bill shall be considered for amendment under the 
     five-minute rule. Points of order against provisions in the 
     bill for failure to comply with clause 2 of rule XXI are 
     waived. During consideration of the bill for amendment, the 
     Chairman of the Committee of the Whole may accord priority in 
     recognition on the basis of whether the Member offering an 
     amendment has caused it to be printed in the portion of the 
     Congressional Record designated for that purpose in clause 8 
     of rule XVIII. Amendments so printed shall be considered as 
     read. When the committee rises and reports the bill back to 
     the House with a recommendation that the bill do pass, the 
     previous question shall be considered as ordered on the bill 
     and amendments thereto to final passage without intervening 
     motion except one motion to recommit with or without 
     instructions.
                                  ____

       (The information contained herein was provided by 
     Democratic Minority on multiple occasions throughout the 
     109th Congress)

        The Vote on the Previous Question: What It Really Means

       This vote, the vote on whether to order the previous 
     question on a special rule, is not merely a procedural vote. 
     A vote against ordering the previous question is a vote 
     against the Democratic majority agenda and a vote to allow 
     the opposition, at least for the moment, to offer an 
     alternative plan. It is a vote about what the House should be 
     debating.
       Mr. Clarence Cannon's Precedents of the House of 
     Representatives, (VI, 308-311) describes the vote on the 
     previous question on the rule as ``a motion to direct or 
     control the consideration of the subject before the House 
     being made by the Member in charge.'' To defeat the previous 
     question is to give the opposition a chance to decide the 
     subject before the House. Cannon cites the Speaker's ruling 
     of January 13, 1920, to the effect that ``the refusal of the 
     House to sustain the demand for the previous question passes 
     the control of the resolution to the opposition'' in order to 
     offer an amendment. On March 15, 1909, a member of the 
     majority party offered a rule resolution. The House defeated 
     the previous question and a member of the opposition rose to 
     a parliamentary inquiry, asking who was entitled to 
     recognition. Speaker Joseph G. Cannon (R-Illinois) said: 
     ``The previous question having been refused, the gentleman 
     from New York, Mr. Fitzgerald, who had asked the gentleman to 
     yield to him for an amendment, is entitled to the first 
     recognition.''
       Because the vote today may look bad for the Democratic 
     majority they will say ``the vote on the previous question is 
     simply a vote on whether to proceed to an immediate

[[Page 17099]]

     vote on adopting the resolution . . . [and] has no 
     substantive legislative or policy implications whatsoever.'' 
     But that is not what they have always said. Listen to the 
     definition of the previous question used in the Floor 
     Procedures Manual published by the Rules Committee in the 
     109th Congress, (page 56). Here's how the Rules Committee 
     described the rule using information form Congressional 
     Quarterly's ``American Congressional Dictionary'': ``If the 
     previous question is defeated, control of debate shifts to 
     the leading opposition member (usually the minority Floor 
     Manager) who then manages an hour of debate and may offer a 
     germane amendment to the pending business.''
       Deschler's Procedure in the U.S. House of Representatives, 
     the subchapter titled ``Amending Special Rules'' states: ``a 
     refusal to order the previous question on such a rule [a 
     special rule reported from the Committee on Rules] opens the 
     resolution to amendment and further debate.'' (Chapter 21, 
     section 21.2) Section 21.3 continues: Upon rejection of the 
     motion for the previous question on a resolution reported 
     from the Committee on Rules, control shifts to the Member 
     leading the opposition to the previous question, who may 
     offer a proper amendment or motion and who controls the time 
     for debate thereon.''
       Clearly, the vote on the previous question on a rule does 
     have substantive policy implications. It is one of the only 
     available tools for those who oppose the Democratic 
     majority's agenda and allows those with alternative views the 
     opportunity to offer an alternative plan.
                                  ____


                             [July 8, 2009]

                   Economist Declares ``Train Wreck''

                         (By Victoria McGrane)

       If you thought last week's job numbers were bad, take a 
     look at the latest from Morgan Stanley's chief economist, 
     Richard Berner.
       In a research note that's been making the rounds of 
     economics blogs this week, Berner declares that ``America's 
     long-awaited fiscal train wreck is now under way.''
       By ``train wreck,'' he means out-of-control federal budget 
     deficits that he's sure will finally drag the economy under--
     as if we weren't already feeling badly enough about its shaky 
     state.
       ``Depending on policy actions taken now and over the next 
     few years, federal deficits will likely average as much as 6 
     percent of [the gross domestic product] through 2019, 
     contributing to a jump in debt held by the public to as high 
     as 82 percent of GDP by then--a doubling over the next 
     decade,'' Berner writes on Morgan Stanley's online Global 
     Economic Forum.
       ``Worse, barring aggressive policy actions, deficits and 
     debt will rise even more sharply thereafter as entitlement 
     spending accelerates relative to GDP. Keeping entitlement 
     promises would require unsustainable borrowing, taxes or 
     both, severely testing the credibility of our policies and 
     hurting our long-term ability to finance investment and 
     sustain growth,'' he adds. ``And soaring debt will force up 
     real interest rates, reducing capital and productivity and 
     boosting debt service.''
       ``Not only will those factors steadily lower our standard 
     of living,'' Berner concludes, ``but they will imperil 
     economic and financial stability.

  Mr. McGOVERN. I yield back the balance of my time, and I move the 
previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. FOXX. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on ordering the previous question on House 
Resolution 609 will be followed by 5-minute votes on adopting that 
resolution, if ordered; and suspending the rules and adopting House 
Concurrent Resolution 142, if ordered.
  The vote was taken by electronic device, and there were--yeas 239, 
nays 183, not voting 10, as follows:

                             [Roll No. 491]

                               YEAS--239

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

                               NAYS--183

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

                             NOT VOTING--10

     Andrews
     Fudge
     Hinojosa
     Holden
     Matheson
     Miller, Gary
     Moran (VA)
     Price (NC)
     Sanchez, Linda T.
     Sestak


                Announcement by the Speaker Pro Tempore

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

[[Page 17100]]



                              {time}  1837

  Ms. GRANGER changed her vote from ``yea'' to ``nay.''
  Mr. KRATOVIL changed his vote from ``nay'' to ``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  (By unanimous consent, Mr. Hoyer was allowed to speak out of order.)


                      Happy Birthday, John Dingell

  Mr. HOYER. Mr. Speaker, my colleagues, I have two duties that I want 
to perform tonight. One is a very happy one, and I will do that first.
  This institution has existed for a little over 200 years. One who 
sits among us has served for a quarter of that time. He is a historic 
figure. He is one of the most masterful legislators that ever has 
served in this body. He is a man of great integrity, intellect and, as 
I said, legislative skill.
  He has chaired one of this Congress's and this House's most important 
committees with broad jurisdiction and has dealt with matters across 
the spectrum of the jurisdiction of that committee. But 25 years from 
now, when he retires, he will be remembered most for his leadership on 
health, on health care for all Americans, on a passion to ensure that 
each and every American has the availability of affordable, quality 
health care. We are engaged in that issue on a bill that will be 
sponsored by this gentleman.
  Today, he is 83 years of age, 83 years young. My colleagues, as all 
of you know, John Dingell is revered by many, feared by some, respected 
by all.
  Let me now yield to my colleague and friend, the Republican leader, 
Mr. Boehner.
  Mr. BOEHNER. Let me thank my colleague for yielding and say, John, 
that there's hardly a Member in this entire body that is more respected 
than you, because while you can be a fierce partisan, many of us know 
that you are someone that we can work with, and we have worked with, 
and there is a lot of mutual respect.
  On behalf of all of our colleagues, John, we love you and want to say 
happy birthday to you.
  And while you are all standing, I have done this once before, it 
probably doesn't comply with the rules of the House, but for those of 
you who don't know the Boehner birthday song, the second verse is 
exactly like the first verse.
  This is your birthday song. It doesn't last too long. Hey.
  All right, everybody, ready. This is your birthday song. It doesn't 
last too long. Hey.
  Happy birthday.
  Mr. HOYER. Mr. Chairman, I know that every Member would, if we were 
going to take the time, rise to express their deep affection and 
respect and admiration for you, my friend. And I count it a great honor 
that you have been my friend for every year that I have served in the 
Congress, and I am looking forward to being with you for a long time to 
come.


                          Honoring Sally Crowe

  Mr. HOYER. Now, ladies and gentlemen, I said I rose for two purposes, 
one was happy. Obviously, that was the happy one.
  I came to Congress 29 years ago. John Dingell came to Congress 53 
years ago. Sally Crowe came to Congress 57 years ago. You may not know 
Sally Crowe by name, but you know Sally Crowe.
  Sally Crowe was the hostess who greeted all of us in the House 
restaurant. She was a wonderful spirit. She died while we were on break 
this month. She died after having had a very substantial fall. And 
others may have retired, as she surely could have. She chose not to 
retire, however, and she returned to the place that she loved and 
served so well.
  We are all advantaged by those who are not known widely outside this 
institution, but who served this institution with a devotion to 
country, devotion to the institution, and devotion to each and every 
one of us and, in Sally's case, to the guests who came and visited with 
us and ate with us in the dining room or were visitors here and ate 
there.
  She was courteous, kind, respectful, affectionate. I will remember 
Sally with great affection. Her family lives in my district.
  I want to say on behalf of all of us to her family how much we 
appreciated her love, her service to us and to her country; and I want 
to yield to my friend, Zach Wamp of Tennessee.

                              {time}  1845

  Mr. WAMP. I thank the leader, and on behalf of our side, we all rise 
to honor Sally's extraordinary life and service.
  I think there is nothing we can do more than to serve those men and 
women in the uniform of our armed services, and Sally thought there was 
nothing she could do greater than to serve us. And she did that for 57 
years.
  She died at 92, and she didn't like to talk at all about how long she 
had worked here or how old she was. She was Irish to the core, and she 
loved her Irish blood. She was feisty, beautiful, always pleasant.
  Many of you remember John Corbin who was her senior partner. He had 2 
years seniority on her, and he passed a couple of years ago. And no one 
really ever got out of him how long he had been here except he had been 
here 2 years longer than Sally, and now we know that he literally 
served 57 years and he passed 2 years ago. He would leave the Members' 
Dining Room and go work the post office all the way through his life, 
and lived almost as long as Sally, and she worked and wanted to work as 
long as she could breathe.
  She came here at 4:30 in the morning every day to beat the traffic. 
She was a creature of habit. She would sit there and wait for us to 
come in the morning. And I have to tell you, every one of you, the 
angels in Heaven are fascinated to be talking to Sally today. They are 
fascinated because she loved us and loved this House for 57 years. And 
we rise to honor her beautiful life. And her daughters today I hope 
will know that the full House appreciates Sally Crowe's life and 
service to us.
  Mr. HOYER. I want to thank my friend, Zach Wamp, for his memory of 
Sally and his expression of love on behalf of all of us.
  Sally was awarded the John W. McCormack Annual Award of Excellence 
for Service to the House. Without Sally Crowe, life in this building 
would have ground to a halt in many respects. Now it won't grind to a 
halt, it won't grind to a halt because we are advantaged by so many who 
care for this institution. And we thank them all.
  But today, we remember a wonderful, decent, good, loving human being, 
our friend, Sally Crowe. God rest her soul.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Without objection, 5-minute voting will 
continue.
  There was no objection.


                          Motion to Reconsider

  Mr. MICA. Mr. Speaker, I move to reconsider the vote by which the 
previous question was ordered on the resolution, H. Res. 609.
  The SPEAKER pro tempore. The question is on the motion to reconsider.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. MICA. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 175, 
noes 251, not voting 6, as follows:

                             [Roll No. 492]

                               AYES--175

     Aderholt
     Akin
     Alexander
     Arcuri
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen

[[Page 17101]]


     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMahon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--251

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

                             NOT VOTING--6

     Andrews
     Fudge
     Granger
     Hinojosa
     Schwartz
     Sestak


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes are remaining 
in the vote.

                              {time}  1856

  Messrs. ROTHMAN of New Jersey and ADLER of New Jersey changed their 
vote from ``aye'' to ``no.''
  So the motion to reconsider was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Ms. SCHWARTZ. Mr. Speaker, on rollcall No. 492, had I been present, I 
would have voted ``no.''
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. FOXX. 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 238, 
nays 186, not voting 8, as follows:

                             [Roll No. 493]

                               YEAS--238

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

                               NAYS--186

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk

[[Page 17102]]


     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Andrews
     Fudge
     Granger
     Hinojosa
     Jackson-Lee (TX)
     Sestak
     Stark
     Towns


                Announcement by the Speaker Pro Tempore

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

                              {time}  1904

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.


                          Motion to Reconsider

  Mr. MICA. Mr. Speaker, I move to reconsider the vote on adoption of 
the resolution.
  The SPEAKER pro tempore. The question is on the motion to reconsider 
the vote by which House Resolution 609 was adopted.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. MICA. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 170, 
noes 254, not voting 8, as follows:

                             [Roll No. 494]

                               AYES--170

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

                               NOES--254

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

                             NOT VOTING--8

     Andrews
     Fudge
     Granger
     Harman
     Hinojosa
     Meeks (NY)
     Sestak
     Waters


                Announcement by the Speaker Pro Tempore

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

                              {time}  1912

  So the motion to reconsider was rejected.
  The result of the vote was announced as above recorded.

                          ____________________




    REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 3081, 
     DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2010

  Mr. McGovern, from the Committee on Rules, submitted a privileged 
report (Rept. No. 111-193) on the resolution (H. Res. 617) providing 
for consideration of the bill (H.R. 3081) making appropriations for the 
Department of State, foreign operations, and related programs for the 
fiscal year ending September 30, 2010, and for other purposes, which 
was referred to the House Calendar and ordered to be printed.

                          ____________________




    REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 2701, 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010

  Mr. McGovern, from the Committee on Rules, submitted a privileged 
report (Rept. No. 111-194) on the resolution (H. Res. 618) providing 
for consideration of the bill (H.R. 2701) to authorize appropriations 
for fiscal year 2010 for intelligence and intelligence-related 
activities of the United States Government,

[[Page 17103]]

the Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes, which was 
referred to the House Calendar and ordered to be printed.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Without objection, 5-minute voting will 
continue.
  There was no objection.

                          ____________________




                 SUPPORTING NATIONAL MEN'S HEALTH WEEK

  The SPEAKER pro tempore. The unfinished business is the question on 
suspending the rules and agreeing to the concurrent resolution, H. Con. 
Res. 142.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Lynch) that the House suspend the 
rules and agree to the concurrent resolution, H. Con. Res. 142.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.


                             Recorded Vote

  Mr. CONAWAY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 417, 
noes 3, not voting 12, as follows:

                             [Roll No. 495]

                               AYES--417

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     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, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     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)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--3

     Flake
     Kingston
     Paul

                             NOT VOTING--12

     Andrews
     Cleaver
     DeFazio
     Fudge
     Granger
     Hinojosa
     Melancon
     Murtha
     Sestak
     Tanner
     Weiner
     Woolsey


                Announcement by the Speaker Pro Tempore

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

                              {time}  1920

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

                          ____________________




                           MOTION TO ADJOURN

  Mr. MICA. Mr. Speaker, I move that the House do now adjourn.
  The SPEAKER pro tempore. The question is on the motion to adjourn.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. MICA. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 41, 
noes 369, not voting 22, as follows:

                             [Roll No. 496]

                                AYES--41

     Bartlett
     Barton (TX)
     Blackburn
     Boccieri
     Boehner
     Broun (GA)
     Campbell
     Chaffetz
     Coffman (CO)
     Connolly (VA)
     Flake
     Foxx
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Halvorson
     Hensarling
     Johnson (IL)
     Johnson, Sam
     Kilroy
     King (IA)
     Lamborn
     LaTourette
     McHenry
     Mica
     Miller, George
     Olson
     Paul
     Pence
     Price (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Thornberry
     Tiahrt
     Westmoreland
     Young (AK)
     Young (FL)

                               NOES--369

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Cantor

[[Page 17104]]


     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gonzalez
     Goodlatte
     Gordon (TN)
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kind
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     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)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiberi
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Wu
     Yarmuth

                             NOT VOTING--22

     Andrews
     Berry
     Buyer
     Childers
     Dicks
     Fudge
     Granger
     Gutierrez
     Hinojosa
     Linder
     Maloney
     Matsui
     Melancon
     Murtha
     Peterson
     Sestak
     Sires
     Sullivan
     Tanner
     Tierney
     Weiner
     Woolsey

                              {time}  1936

  So the motion to adjourn was rejected.
  The result of the vote was announced as above recorded.

                          ____________________




                             GENERAL LEAVE

  Ms. DeLAURO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on H.R. 2997.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Connecticut?
  There was no objection.

                          ____________________




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 609 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 2997.

                              {time}  1937


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 2997) making appropriations for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies programs for the 
fiscal year ending September 30, 2010, and for other purposes, with Mr. 
Snyder in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentlewoman from Connecticut (Ms. DeLauro) and the gentleman from 
Georgia (Mr. Kingston) each will control 30 minutes.
  The Chair recognizes the gentlewoman from Connecticut.
  Ms. DeLAURO. Mr. Chairman, I yield myself such time as I may consume.
  I'm delighted to present the 2010 Agriculture-FDA appropriations 
bill. I want to thank the ranking member, Congressman Kingston, for his 
collaboration and his input over the last few months. I thank both the 
minority and majority staff as well for their tireless work. Lastly, 
and especially not least, a special thank you to Chairman Obey for his 
counsel and for the resources he provided to make this bill possible 
and for his leadership and vision to ensure that we can continue to get 
things done and achieve our goals.
  We stand today at a turning point. Today, we're talking about 
people's lives--struck hard by an economy in chaos, facing shrinking 
services and struggling with rising prices and unemployment.
  I believe the administration's budget demonstrates that it is 
interested, after years of underinvestment in the Federal Government's 
capabilities, in protecting public health, supporting American 
agriculture, strengthening rural communities, and conserving the 
environment.
  This bill proposes new investments in these priorities and the 
agencies that can help us meet them, while making specific and sensible 
budget cuts where feasible.
  As in recent years, the bill focuses on several key areas, such as: 
Protecting public health; bolstering food nutrition programs; investing 
in rural communities; supporting agriculture research; strengthening 
animal health and marketing programs; and conserving our natural 
resources.
  The fiscal year 2010 Agriculture-FDA appropriations bill provides for 
almost $23 billion in funding. It is an 11 percent increase over 2009 
levels, the vast majority of which went toward three program areas: The 
WIC program, the FDA, and International Food Aid. Additionally, in 
order to make these important investments, to use the resources 
available to it wisely, the bill proposes a number of cuts totaling 
more than $735 million.
  To protect the public health, the bill provides a substantial 
increase for the Food and Drug Administration to support a total 
discretionary funding level of almost $3 billion, or a 15 percent 
increase--almost $373 million. That is to hire additional inspectors, 
conduct more inspections of domestic and foreign food and medical 
products. And, as many of us know, the FDA has been underfunded for far 
too long. This is not only a matter of public health and consumer 
safety, it is a matter of national and economic security.
  Not all of the dangers that threaten the health and safety of 
American families can be found in airports, border checkpoints, or 
harbor containers. Sometimes they lurk in our refrigerators and on our 
kitchen table. From E. coli in cookie dough to salmonella in peanut 
butter, we have seen very real threats posed by food contamination in 
recent years. And we just cannot afford to neglect our food safety 
system any longer.

[[Page 17105]]

  The FDA's primary responsibility is to the American people to ensure 
the safety of the food they eat, the drugs they take, and the medical 
devices they rely on. With this increased funding, they will have the 
resources and manpower they need to keep us safe.
  In addition, the bill fully funds the administration's request for 
the Food Safety and Inspection Service at the USDA, the Department of 
Agriculture. It puts in over $1 billion dollars for FSIS for the first 
time in history.
  In terms of conservation, the committee makes a significant 
investment in USDA's natural resource conservation programs. The bill 
appropriates a total of $980 million for this purpose--a $73 million 
increase over the administration's request.
  The bill rejects the administration's cuts to the Natural Resources 
Conservation Service's farm bill conservation programs, which include 
the Wetlands Reserve Program, the Farm and Ranch Lands Protection 
Program, and the Wildlife Incentives Program.
  It restores funding for other valuable programs, including the 
Resource Conservation and Development Program and the Watershed and 
Flood Prevention Operations Program.
  In the area of nutrition, the bill works to improve nutrition and 
help those hit the hardest by the current economic crisis. Food costs 
and participation in WIC continue to increase at dramatic rates. And 
the bill provides $7.5 billion for WIC to serve our Nation's vulnerable 
populations--10 percent above last year--to support participation of 
10.1 million people.
  WIC is a program that we simply cannot afford to underfund any 
longer, particularly given the gravity of the current economic climate. 
Our fundamental responsibility as legislators and as leaders, to say 
nothing of basic morality and fairness, demand that we do everything we 
can to help Americans suffering right now from poverty and 
malnutrition.
  In the area of international food aid, the bill expands America's 
traditional commitment to international food aid by providing an 
increase of $464 million to the P.L. 480 Title II Grants Program. We 
also provide an additional $99.5 million to the McGovern-Dole 
International Food for Education and Child Nutrition Program.
  In the area of rural development, the bill creates new opportunities 
for growth and development in the Nation's small town economies by 
increasing funding for water and wastewater infrastructure grants by 
$73 million; provides $8.7 billion for housing; $541 million for 
community facilities; and $9.3 billion for the rural utility programs.
  In research, the bill makes significant investments in agricultural 
research: $1.2 billion for the Agricultural Research Service; nearly 
$1.2 billion for the Cooperative State Research, Education, and 
Extension Service. That money is allocated to such programs as the 
Hatch Act, Evans-Allen, the new competitive Agriculture and Food 
Research Initiative, Smith Lever, the 1890 programs, and the Veterinary 
of Medical Services Act.

                              {time}  1945

  With continuing volatility in the futures market, the bill provides 
the administration's request for the Commodity Futures Trading 
Commission, the CFTC, $160.6 million--$14.6 million and 10 percent 
above 2009--in order to better secure the markets from improper 
speculation. Just yesterday the CFTC moved to stem heavy speculative 
trading in the oil, natural gas and energy markets. With this increased 
funding, the Commission will be better poised to ensure market 
integrity for all honest brokers.
  In closing, I look forward to working with all of you today as we 
work to craft responsible agriculture legislation that alleviates 
short-term suffering, encourages long-term growth, invests in our 
future and reflects our priorities as a Nation.
  Let me take a moment to say thank you to our staff who have worked 
diligently to help put this bill together. The subcommittee majority 
staff: Martha Foley, our clerk; Leslie Barrack; Matthew Smith; and 
Kerstin Millius have worked closely with David Gibbons on the minority 
staff. In addition, Brian Ronholm and Letty Mederos on my staff and 
Merritt Myers from Mr. Kingston's staff all have worked very, very hard 
to bring this bill to the floor this evening. I hope the Congress will 
seize this opportunity to help American farmers and families in these 
tough times and get us moving again on the path to recovery. I urge you 
to support this bill.
  I reserve the balance of my time.
  Mr. KINGSTON. I yield myself as much time as I may consume.
  I thank the gentlewoman, my counterpart, the chairwoman of the 
committee, for her great introductory remarks. I certainly support many 
parts of this bill. I want to start out by complimenting her on the 
process that we have and the relationship that we have. We have an open 
and honest relationship. We can agree to disagree and do it in an 
agreeable fashion. We have a lot of fun on the committee. We've had a 
lot of hearings. Many hearings where we are interrupted by votes and 
then we had to go back over there, sometimes it's just the Chair and I 
who go back; and we have our way with the witnesses, which is always 
fun because here in Washington we'd rather be the ones with the 
microphone than having somebody else have the microphone. We just have 
a good time with this. I think the staff works well together, and I 
want to recognize the staff for all their efforts at this time. On the 
majority staff, Martha Foley, Leslie Barrack, Jason Weller, Matt Smith, 
Kerstin Millius, Brian Ronholm and Letty Mederos. I thank everybody on 
that side for working with our folks. Our folks are Dave Gibbons, 
Merritt Myers, Meg Gilley, Bernie Tokarz and Jarr Rosenbaum who all 
worked closely with us over the years; and we appreciate the work of 
the staff.
  I think that if you look at one of the things that this bill has also 
done in this atmosphere where earmarks are under a lot of scrutiny, in 
2006 this bill had $865 million in earmarks. The bill we are looking at 
tonight has $219 million. That is a substantial reduction. In 2008 
there were about 400 earmarks in the bill, and now we're down to about 
322. So we're making a lot of progress in reducing the number of 
earmarks, and that is a good thing.
  What this bill does not have though is spending reductions; and 
unfortunately, Mr. Chairman, we spend a lot of time talking about 
increase in spending, but we don't talk about efficiency and 
effectiveness. The purpose of Congress really shouldn't be just to 
spend more money on an authorized program. We should make sure that the 
programs are effective, they're efficient, and are doing their intended 
purpose. Increasing WIC or increasing food stamps, is that a good 
thing? I would challenge that premise that it's not necessarily a good 
thing. It may be a necessary thing to do. But just because we've 
increased food stamps or WIC spending, I don't think we can polish off 
our halos and pat ourselves on the back. I think it underscores a 
situation in society that we need to be addressing, some of it in this 
committee, some of it in the authorizing committee; but certainly all 
Members of Congress, what do you do to help encourage people to be more 
independent so they do not have to depend on the U.S. Congress year 
after year? Spending in this bill is up about 14 percent overall. It's 
a $123.8 billion bill. The discretionary portion is up nearly 13 
percent from about $20 billion to nearly $23 billion. The FDA is up 13 
percent, from $2.6 billion to about $3 billion; and CFTC, the Commodity 
Futures Trading Commission, has gone from $140 million to $160 million, 
which is about a 14 percent increase.
  Now for these increases, what will we get for the taxpayer dollar? 
What does it do for us? It just really, we know, grows the bureaucracy. 
It doesn't always get something done better or faster. I think that 
when we spend more money, we should have a measurement of the 
expectation, particularly in an economy that is floundering, an economy 
right now that has an $11 trillion national debt. I think my colleagues 
here don't need me to remind them where money comes from. We print it; 
we tax it from those who

[[Page 17106]]

have earned it; or we borrow it from countries such as China, to whom 
we owe about $622 billion right now. Truly the national debt is a big 
problem. It's not the 500-pound gorilla in the room. It's, rather, a 
whole lot of gorillas that are in the room.
  I think as a Republican, one reason why we are in the minority is 
because we spent too much money. Republicans had a brand identity of 
being fiscal conservatives, and unfortunately we threw that away. There 
was a war. There was a hurricane. There were flooding problems. There 
was terrorism. There were domestic attacks. But that's not an excuse. 
However, now, particularly with this administration, spending seems to 
be on supercharge; and as government increases in size, the private 
sector seems to decrease in size.
  Take, for example, the recently passed stimulus program, $790 billion 
in deficit spending at a time when unemployment was 8 percent; and the 
President said we have to do something that will give us drastic and 
immediate results. Now instead of that unemployment rate being 
decreased, it's almost 10 percent; and 1.5 million new people are out 
of work since the passage of the stimulus program. Yet here we are 
again tonight, saying we can pass a bill with a 14 percent increase on 
it, and that is synonymous with good. Mr. Lewis on the committee 
actually offered a substitute amendment in what we call the 302(b) 
allocation that would have actually held spending to a 2 percent 
increase over last year's level. That was rejected on a party-line 
vote. But I think Mr. Lewis was trying to say, we've got to rein in 
control of the spending because it's clear more spending does not 
create more jobs.
  There are other issues in this bill which we, in the minority, have 
tried to address through amendments. Now unfortunately despite the fact 
that we turned in to the Rules Committee 90 amendments--and I'll say I 
had not seen those amendments. I was trying to focus our minority 
efforts on about 8 to 10 to 12 particular amendments, amendments which 
I thought were substantial, substantive, that were good government, 
maybe philosophical disagreements here or there; and I had lots of 
communication with our Members. So I'm not sure where the other 70 to 
80 amendments came from. But I do know with the prefiling of amendments 
that Members are more inclined to throw a lot of amendments out there 
to the Rules Committee in order to protect themselves should they 
decide to go forward on their amendments because if they don't prefile, 
then they can't even have consideration. But because of the continuing 
practice of closed rules, most of these amendments, of course, were 
rejected. Tonight I believe we're going to be looking at two or three 
substantive amendments, then some earmark amendments, and then a couple 
of noncontroversial amendments. And I'm appreciative of that. But I do 
think that we should open up this process a lot more.
  There are other things that we should be discussing that are not in 
this bill, like a limitation on housing payments for illegal aliens. We 
need to be discussing categorical eligibility for food stamps; and this 
is a practice widespread right now in the States where if you qualify 
for one entitlement program, then you're automatically going to be 
enrolled in food stamps. What the unintended consequence of that is, 
some people who have substantial net worth are going to be able to get 
food stamps because they're unemployed. And we all know, tragically, a 
lot of people are unemployed right now; but some of them have a lot of 
assets in the bank. Yet under the State interpretations of categorical 
eligibility, they're automatically enrolled in food stamps. I think 
that's taking away food stamps from somebody who truly deserves it. We 
are unable to have an amendment on that. Also payment limitations to 
farmers who are ineligible for programs. From 2003 to 2006 the USDA 
discovered about $50 million that was paid to farmers who were not 
eligible to receive payments. I think that should be addressed in this 
bill a little more closely than it is. We did offer an amendment on 
that, but it was not supported. In 2006 the food stamp program made 
$1.29 billion in overpayments. An amendment that would have prohibited 
illegal recipients from getting the money I think would have been 
something good for this bill, but that was not accepted. There was 
another amendment offered on P.L. 480. It's interesting, P.L. 480, we 
have increased that substantially. That's our foreign food assistance 
program. It has popular, broad bipartisan support. But on the same 
hand, I don't think we had enough oversight, enough discussion as to 
why that spending needed to spike up to the tune of getting $700 
billion in a supplemental bill and then another $464 million in this 
bill. These things are of great concern to me, and we will discuss some 
of these in more detail.
  I look forward to the debate. I look forward to the amendments. 
Again, I want to close with where I started with my chairwoman. I enjoy 
working on the committee, enjoy working with the staff; and we're going 
to continue to be engaged in this process. It won't just end tonight. 
We're going to make sure that we follow this bill all the way through; 
and to the degree that the minority is able to participate, we will be 
there. But thank you for letting us work with you.
  I reserve the balance of my time.
  Ms. DeLAURO. I yield 1 minute to the gentleman from California (Mr. 
Baca).
  Mr. BACA. Mr. Chair, I rise today to voice my strong support for H.R. 
2997, the Agriculture appropriations bill for fiscal year 2010.
  I thank my good friend Rosa DeLauro for her leadership on this vital 
legislation which helps put food on the table for more needy families. 
Americans are suffering through the worst economic crisis since the 
Great Depression. More and more families are forced to seek assistance 
in order to feed themselves and their loved ones. As Chair of the 
Agriculture Subcommittee on Nutrition, I am pleased that this 
legislation makes a strong commitment to feeding the impoverished and 
ending hunger in America. Today's legislation provides more than $7.5 
million to ensure that some of the most wonderful in our society, women 
and young children, have access to nutritious foods during these tough 
times. These funds will ensure another 700,000 women, infants and 
children will have access to WIC benefits. In addition, H.R. 2997 
provides $180 million to give nutritious foods to over half a million 
low-income senior, disabled, and women and children through the 
Commodity Supplemental Foods Program. I urge my colleagues to support 
this legislation.

                              {time}  2000

  Mr. KINGSTON. Mr. Chairman, I yield 5 minutes to the gentleman from 
Florida.
  Mr. MICA. I want to thank our ranking member, Mr. Kingston, for 
yielding time.
  I would have liked to have actually spoken on the rule. As some of 
you may know, I protested the rule. I didn't bring the House business 
to a halt, but I did ask several reconsiderations and a motion to 
adjourn, exercising my right in the minority, and as a House Member, to 
proceed on business that I felt was only fair and equitable as far as 
treatment of a Member when a Member has a problem in his district.
  I have the great honor and privilege of representing an urban area, a 
suburban area, and also a rural area from basically north of Orlando to 
just south of Jacksonville. The western part of the central and the 
center part of the northern part of the State is agriculture and rural. 
It is a great area. People work hard. They are some of the most 
dedicated, hardworking Americans I know.
  Unfortunately, several months ago, we had a disastrous series of 
rains. We had up to 30 inches of rain in some of the areas. I have 
pictures of potato fields. My district is one of the largest potato 
growth and farm areas in the Nation. These fields behind me here were 
all covered with water and covered for multiple days with sun and rain. 
What happened is basically the potatoes rotted and we had $50 million 
worth of damage, which really isn't a

[[Page 17107]]

huge amount of money when we deal with billions here, but it means the 
difference between life and death, between staying in business and 
keeping people employed in my district.
  I had asked the Rules Committee for a small change in a program that 
is called Supplemental Review Assistance program, and those are Federal 
programs that farmers in my district paid premiums for, participated 
in, and were eligible for. In fact, 85 percent of the potato farmers 
were eligible for participation in those programs, but the problem that 
we had, in spite of their having this insurance, is that the timing of 
the disaster was such and the rules by which they assess eligibility 
and disaster payments under SURE would arrive after the crop losses, 
because some of the data has to be computed for payment rates a year 
after the harvest. Now, that doesn't help people who are trying to do 
plantings, and we have different seasons from other parts of the United 
States. It doesn't help people who are trying to keep folks employed in 
the farm business, and it doesn't help farmers who are trying to keep 
their door open.
  I asked for a small change, and if you look at the rule, they 
actually put in some changes, and they were, I hate to say it, 
legislating on appropriations to help folks. And we normally do that. 
We help each other in the House of Representatives when our areas have 
a disaster.
  Now, I wasn't asking for any more money. I wasn't asking for another 
bigger program. There is plenty of money there. It is the timing of the 
disaster and this particular requirement to get funds and make my 
farmers eligible and farmers through this devastated area eligible.
  So I'm very disappointed. I must say that I have the highest respect 
for Mr. Kingston, and I have the greatest respect for Ms. DeLauro. They 
do a wonderful job. My argument, again, is not with you. My argument is 
with the Rules Committee that did not extend the courtesy to a Member 
to assist his district in a time of natural disaster. I intend to 
pursue this no matter what it takes. However, I have to get the 
attention of the House. We are going to find a way to bring aid to 
people in my district who just want to stay in business, who want to 
continue farming, and who want to create jobs in a very difficult 
economy and not be shut down. They have paid their dues. They have paid 
their fees.
  We are not asking for any more money. We are just asking for a slight 
change in some of the language on the funds that are available, and 
there are plenty of funds available.
  Mr. KINGSTON. I continue to reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I just would say to my colleague that I 
sympathize with the difficulties and the disaster that has befallen 
your district, and I would urge you to speak to the authorizing 
committee and Mr. Peterson in the Agriculture Committee for this 
effort.
  With that, let me just yield 2 minutes to the gentleman from 
Connecticut (Mr. Courtney).
  Mr. COURTNEY. Mr. Chairman, I thank the chairwoman for yielding.
  I rise this evening to engage in a colloquy with the chairwoman of 
the subcommittee about the desperate state of the Nation's dairy 
industry which has experienced a disastrous collapse in prices over the 
past year. During the July recess, I had the honor of accompanying 
Chairwoman DeLauro on a visit to the Greenbacker Dairy Farm in Durham, 
Connecticut. During that visit, we heard firsthand from dairy farmers 
all across Connecticut about the difficulties that they are facing, 
particularly regarding the cost of production and the rapid decline of 
dairy prices over the past year.
  I ask the chairwoman if she could speak to this issue and what relief 
might be available to these farmers.
  Ms. DeLAURO. I thank the gentleman for his efforts on behalf of the 
dairy industry. Over the past year, dairy farmers across the country 
have been challenged like never before. I support efforts to provide 
increased relief to these farmers. I thank you, Mr. Courtney, Mr. 
Welch, Chairman Peterson, and other Members for their efforts. I am 
committed to helping struggling dairy farmers and their families in 
Connecticut and across the country.
  Mr. COURTNEY. I thank the Chair for her response and her staunch 
support of our State and national dairy farms.
  I now yield to my distinguished colleague from Vermont (Mr. Welch).
  Mr. WELCH. We appreciate the gentlewoman's hard work on the 
Agriculture appropriations spending bill. As you know, dairy farmers 
are currently being paid $11 per hundredweight on milk that costs them 
$18 per hundredweight to produce. This upside-down pay scale is 
absolutely unsustainable. It has already forced dozens of Vermont 
farmers out of business.
  We unsuccessfully offered an amendment to the bill to raise the 
payment rates on the Milk Income Loss Contract program from 45 percent 
to 79 percent. While the MILC program isn't perfect, it is really a way 
to put money back in the pocket of farmers.
  We appreciate your support, and we believe that you agree that 
Congress must take action to help our struggling dairy farmers and we 
cannot wait for more farms to go out of business.
  I thank the chairwoman and look forward to continuing to work with 
her and my colleague from Connecticut.
  Ms. DeLAURO. I thank my friend from Vermont for his leadership and my 
friend from Connecticut. I applaud his continued efforts to help the 
dairy industry. I look forward to working with you.
  Mr. KINGSTON. I continue to reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentleman from New 
Jersey (Mr. Holt).
  Mr. HOLT. Mr. Chairman, I commend the gentlelady for her work on the 
bill and thank her for supporting my amendment to protect the USDA's 
organic standards and labels and to enter into a colloquy now.
  We must ensure that the Department of Agriculture's Inspector General 
has the resources to complete a thorough investigation, already 
underway, into whether current inspectors are upholding the most 
rigorous standards for organic certification and receiving adequate 
oversight. The Inspector General also needs resources to investigate 
whether nonorganic substances inappropriately remain in USDA-certified 
products. The number of nonorganic substances has ballooned from 77 in 
2002 to 245 today, and only one has been removed. If we want the 
organic label to mean something, then there must be strong standards 
for organic certification and we must uphold them.
  Ms. DeLAURO. I agree with the gentleman about the importance of 
protecting and strengthening USDA's organic standards.
  The CHAIR. The time of the gentlewoman has expired.
  Ms. DeLAURO. I yield myself 5 additional seconds.
  I was pleased to incorporate it into today's chairman's amendment, 
the amendment to increase funding to the Office of the Inspector 
General.
  Mr. KINGSTON. I continue to reserve the balance of my time.
  Ms. DeLAURO. I am pleased, Mr. Chairman, to yield 1\1/2\ minutes to 
the gentlewoman from California (Ms. Lee).
  Ms. LEE of California. Let me first thank the gentlelady from 
Connecticut for her hard work and her dedication to moving our Nation 
forward in the area of agriculture, nutrition, health safety, and all 
of the other issues that she tackles each and every day. This bill is 
going to help millions of Americans, and I am pleased to support it.
  I rise today to enter into a colloquy to raise the important issue 
regarding the lifetime ban on food stamp eligibility for formerly 
incarcerated persons who were convicted of drug offenses. This is 
really a serious moral and ethical issue of concern to me and many 
members of the Congressional Black Caucus.
  Our Constitution provides the appropriate groundwork for this issue 
in article 1, section 10 in the Fifth Amendment by declaring that 
individuals are not to be subject to double jeopardy or to be subject 
to ex post facto laws.

[[Page 17108]]

After offenders have served their time, Mr. Chairman, the formerly 
incarcerated reenter society looking to improve themselves and their 
lives. As a society, this is what we want to support to reduce 
recidivism and reduce crime; however, the current policy prevents them 
access to food stamps.
  Food stamps and cash support are essential to the health and 
stability of families. Individuals with criminal convictions face 
considerable barriers, often needing transitional services and support 
to improve their ability to acquire gainful employment and transition 
after incarceration. The Personal Responsibility and Work Opportunity 
Reconciliation Act prohibits anyone convicted of a drug-related felony 
from receiving both federally-funded cash assistance----
  The CHAIR. The time of the gentlewoman has expired.
  Ms. DeLAURO. I yield the gentlelady 30 additional seconds.
  Ms. LEE of California. The point I wanted to make is that the Welfare 
Reform Act prevents anyone, and only those who were formerly convicted 
of drug felonies, from ever receiving cash assistance and food stamps, 
even after completing their sentence and overcoming an addiction.
  So I have worked with the authorizing committee and introduced H.R. 
5802, and I wanted to talk to the gentlelady tonight about this very 
important issue. I hope that sooner or later we can really repeal this 
ban because it is a barrier for those who have reentered society. They 
deserve to be able to be eligible for food stamps.
  Ms. DeLAURO. Mr. Chairman, I yield myself 15 seconds.
  I assure the gentlewoman that we will work together to correct the 
inequity that has been in place since the 1996 welfare reform bill. I 
agree with you. The time has come to address this issue in a meaningful 
way. We are talking about individuals who have paid their debt to 
society. They should be given a new opportunity to make a new life, to 
provide food assistance for themselves and their families. It is the 
right thing to do.
  Mr. KINGSTON. I continue to reserve the balance of my time.
  Ms. DeLAURO. Let me yield 1 minute to the gentleman from Ohio (Mr. 
Kucinich).
  Mr. KUCINICH. I thank the gentlewoman. I rise to engage in a colloquy 
with the chairwoman of the subcommittee.
  Reliable economic data is critical for any industry. Congress has 
historically supported the Economic Research Service of the USDA which 
has collected and analyzed segregated organic data. Organic farming is 
one of the fastest growing segments of the U.S. agriculture. The need 
and demand for this information will continue to increase.
  Though language has been included in past Agriculture appropriation 
bills that dedicates funding for the Organic Production and Marketing 
Data Initiative, it is not included this year. Only $500,000 of the 
$82.5 million budget of the Economic Research Service would help meet 
the needs of the initiative. Is it the gentlelady's opinion that the 
funding for the initiative should remain strong?
  Ms. DeLAURO. The importance of the program is clear, Mr. Kucinich, 
and you have raised a very valid point. I agree with you that the 
Organic Production and Marketing Data Initiative should be funded in 
order to compete with the rest of agricultural commodities.
  Mr. KUCINICH. I thank the gentlelady.
  Mr. KINGSTON. I continue to reserve the balance of my time.
  Ms. DeLAURO. I yield 1\1/2\ minutes to the gentlewoman from Wisconsin 
(Ms. Moore).
  Ms. MOORE of Wisconsin. I thank the gentlewoman.
  Mr. Chairman, I rise today to engage in a colloquy with the 
chairwoman of the subcommittee. I commend her efforts to expand the 
Child and Adult Care Food Program in this bill by increasing the total 
number of States authorized to serve supper through the At-Risk 
Afterschool Care program.
  According to the Food Research Action Center, the average daily 
participation of children in Wisconsin in the Child and Adult Care Food 
Program is over 63,000 kids. There is a great deal of need in my State 
and across the Nation to ensure that young people have the opportunity 
to have three nutritious meals a day.
  I would love to work with the gentlewoman and my colleague, Senator 
Kohl in the Senate, to authorize Wisconsin to serve suppers in 
Wisconsin through the Child and Adult Care Food Program.
  Ms. DeLAURO. I thank the gentlelady for her support of the Child and 
Adult Care Food Program, and I would like to work with her very much in 
the future to expand access to meals in the At-Risk Afterschool Care 
programs. Through CACFP, 3.1 million children and 108,000 adults 
receive nutritious meals and snacks each day as part of their day care. 
The bill before us today expands the afterschool meals program to 
additional areas. I want to ensure you that we will work together to 
expand this essential program.
  Ms. MOORE of Wisconsin. With the increasing price of food and overall 
food insecurity among families and communities in today's economy, I 
welcome the opportunity to work to improve and expand the program.

                              {time}  2015

  Ms. DeLAURO. I yield 2 minutes to the gentlelady from Texas (Ms. 
Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Let me thank the distinguished chairwoman 
and the ranking member.
  I rise today to support the underlying bill and to particularly focus 
on the question of hunger in America.
  Madam Chairwoman, this past weekend I joined one of the more well-
known constituents of mine, Beyonce, who is engaged in an online 
opportunity to ensure that food banks of America are taken care of. We 
realize that in this economic recession, although we are working very 
hard with stimulus funds, that many people are in need. Families who 
work are in need of extra assistance, and so I am particularly 
interested and concerned that this legislation, the appropriations, 
will be supportive of the works of the Nation's food banks and help the 
various food banks through a number of provisions that may ensure that 
food banks are a viable part of our economic food line.
  We know that there are about 900 million, 923 million people-plus, 
that are hungry around the world or are lacking in what we call food 
security, the inability to secure the right kind of food. We know that 
developmental concerns occur in children who are not, in essence, able 
to participate or to have the kind of food security they need to have.
  So I am very pleased that again the McGovern-Dole legislation has 
been supported as International Food Aid, providing some $1.69 billion 
as requested and $464 million above 2009. I am also very glad that this 
is able to meet emergency and nonemergency humanitarian food need in 
countries stricken with natural disasters and political strife, $199.5 
million food for the McGovern-Dole International Food for Education and 
Child Nutrition Program, the same as requested, and $99.5 million above 
2009 to support education, child development and food security to some 
of the world's poorest children.
  The CHAIR. The time of the gentlewoman has expired.
  Ms. DeLAURO. I yield the gentlewoman an additional 30 seconds.
  Ms. JACKSON-LEE of Texas. Might I also say that I am also glad that 
this legislation continues to support the Congressional Hunger Center, 
which many of us have been supporting over the years in terms of its 
funding. And, likewise, I would like to emphasize the importance, in 
conclusion, that hunger has not been overcome.
  This bill deals with many issues, nutrition, Women, Infants and 
Children, the WIC program that is so very important, the commodities, 
the supplemental food program all again focusing on the large need from 
hunger, not only internationally, but domestically.
  I want to thank the chairwoman again and would like to continue to 
work with her as this bill makes its way through the Congress.

[[Page 17109]]

  The CHAIR. The time of the gentlewoman has again expired.
  Ms. DeLAURO. I yield the gentlewoman an additional 10 seconds.
  Ms. JACKSON-LEE of Texas. I think you are well aware of the work that 
my former colleague, Mickey Leland, has done on hunger. And I want to 
continue to work to ensure that these programs are there for the 
continuously hungry and that we will be able to distinguish it.
  Ms. DeLAURO. I yield myself 10 seconds.
  I want to assure the gentlewoman from Texas that it is of a high 
priority for me to make sure that we address the very serious issue of 
hunger in this country and internationally, and we will spend a lot of 
time in that effort.
  Mr. KINGSTON. I yield myself such time as I may consume, Mr. 
Chairman.
  I want to make a statement on behalf of myself and Mr. Frank of 
Massachusetts and Ms. Brown of Florida regarding the domestic catfish 
industry, and if the Chair wants to respond, fine; but we have 
discussed this.
  And it actually came a little bit late in the hearing process to do 
anything about, but I wanted to give some background. In 2008 the farm 
bill created a new USDA catfish inspection program that requires the 
USDA to define what is considered a catfish.
  Now, the reason this is important is because the FDA traditionally 
does the inspection on fish, not the USDA. But now we put in this farm 
bill, the USDA, in the catfish business. This was pushed by the 
domestic catfish industry, asserting that Chinese catfish processors 
would not be able to meet the USDA equivalency requirements of 
continuous inspection and thus could not export competing products to 
the United States.
  And as somebody who comes from farm country, I know that dealing with 
foreign competition is very tough because sometimes they subsidize 
their producers, and maybe they have different regulatory requirements 
or they have some unfair advantage over the domestic producers. And yet 
at the same time, the ability to buy food internationally often brings 
down the price, increases the quality sometimes and increases the 
number of choices for our consumers. So it is a desirable thing for the 
United States Government to want to have people import food.
  But the FDA uses a hazard analysis critical control point risk-based 
system that has worked very, very well. But now, under this, we are 
having the USDA get into the catfish inspection program, which probably 
is not as--well, it's just not going to be as effective as the FDA 
program.
  The problem is the Chinese begin to grow and export a catfish to the 
United States called the ictaluridae. And, meanwhile, the Vietnamese 
started growing something called the pangasius. And these species are 
very different. Just like a human being is different from a baboon, so 
are these two different types of fish.
  But what is happening now, the domestic catfish industry is pushing 
the USDA to adopt a broad definition of catfish beyond the ictaluridae 
and include the pangasius. And I know you got all of that, Mr. 
Chairman, because I did too the first time.
  And the concern that I have is that the USDA really does not have the 
expertise to broaden their mission to start making definitions on a 
different type fish than what the farm bill asked them to look into. So 
I am very concerned about that, as is Mr. Frank, as is Ms. Brown from 
Florida. And I know other Members are as well, and we really do not 
want to see the USDA go beyond the mission and include this pangasius 
in their definition of catfish.
  And if the chairwoman wants to respond, I would be glad to yield.
  Ms. DeLAURO. Yes, if the gentleman would yield, I would be happy to 
address the issue.
  Mr. KINGSTON. I would be happy to yield.
  Ms. DeLAURO. I would just say to the gentleman that there is a need 
to improve inspections of seafood imports. As you know, less than 1 
percent gets inspected each year. And there was a lot of discussion 
about this provision during the farm bill last year.
  I, frankly, have some concerns that it would further complicate the 
organizational structure of food safety, instead of simplifying matters 
in moving that jurisdiction from the FDA to the USDA. Also, if USDA 
diverted resources to inspecting catfish, would it take away resources 
from meat and poultry inspection. And I would just say that we did 
plus-up funding to the USDA to be able to accommodate this new 
responsibility.
  Another concern I had about this provision is that moving seafood 
inspection, or even catfish inspection, is more complicated than it 
seems. There is a substantial difference between preventing outbreaks 
in meat and poultry and preventing outbreaks in seafood. And the FSIS, 
the Food Safety and Inspection Service, has no experience with 
identifying seafood pathogens.
  So I look forward to discussing this issue further with the gentleman 
in answering some of the questions that you have with regard to this.
  Mr. KINGSTON. Well, I thank the gentlewoman, and as we both know, we 
have spent a lot of time talking also about the USDA and Chinese 
chicken and that issue. And one of the concerns that--this underscores 
the thing on catfish, that it is the USDA's domain, really. They have 
the expertise and the track record on fish, whereas the USDA has a 
track record on chicken, poultry and beef domestically; and I know that 
you do have concerns in terms of their expertise to look at the 
reimportation of poultry products from China. And I wasn't going to 
really discuss that, but, certainly, if the gentlewoman would like to, 
we have had----
  Ms. DeLAURO. Well, certainly, we have had a discussion about it over 
time. And I think the gentleman knows my position on this issue, and my 
position has not changed in a number of years.
  And it's my view that the decisions about the importation of food 
products from China are a public health issue that must not be 
entangled in trade discussions. And I understand that Chinese officials 
are suggesting a quid pro quo, if you will, and they are trying to link 
the exportation of poultry products with reopening U.S. beef exports to 
the People's Republic of China.
  Those talks, in my view, should be separate and distinct. My position 
in this area has to do with the public health of this Nation. It is 
clear that the 2006 FSIS declaration that China's safety and inspection 
system was, quote, equivalent to the U.S. system for processed poultry 
products, was based on trade goals. From a public health and a safety 
perspective, the equivalency determination was deeply flawed and cannot 
be relied on to protect U.S. consumers' safety.
  Equivalency was granted in the face of overwhelming evidence of 
contamination in Chinese processing plants and in Chinese 
slaughterhouses.
  Therefore, in my view, the ban on poultry products from China must be 
maintained. And while USDA does have a process, as you pointed out, in 
place, that process, in making a determination of equivalency for 
processing U.S. chicken in China, was flawed and was broken and has not 
worked.
  The committee, by the way, and you understand this, intends to 
undertake a thorough review of, convene hearings on the equivalency 
process in general. And what we will examine are audits of inspection, 
on-site reviews of processing facilities, laboratories, other control 
operations, increased level of port entry reinspection and information-
sharing programs with other countries.
  So I look forward to continuing this discussion and working with you 
as the committee moves forward with its examination. But in the 
meantime, the limitation in carrying out this rule needs to be 
maintained.
  Mr. KINGSTON. Well, I thank the gentlewoman for those remarks, and I 
think that your uncertainty with the reliability of USDA on Chinese 
chicken I share with the USDA on catfish.
  There is a lot to continue to discuss. And it's interesting, Mr. 
Chairman, as we talk about our trade relations, and I think that the 
gentlewoman does make a very good point that we have to be sure that 
our desire to trade with

[[Page 17110]]

countries doesn't blur the food safety mission that we also have.
  I was reminded, though, on the 4th of July that of the $211 million 
worth of fireworks that we exploded all around the Nation, most of it 
came from China. And of the flags and buntings that we displayed on the 
4th of July, $340 million worth, most of that came from China as well.
  So we do have a great deal--we have got a big challenge in front of 
us as we look at our second largest trade partner in China to figure 
out, you know, what are some of these lines and boundaries.
  Ms. DeLAURO. I would just say to the gentleman that we have a 
responsibility that whatever the food product is coming, and that food 
product from anywhere, that the country that is producing this product 
or processing this product must have the same set of equivalent 
standards that we have domestically to ensure the public health of 
people in the United States. We have witnessed over and over again in 
the last several months that we will put the public health at risk when 
children die, when people are ill from either a product that's 
domestically produced or internationally produced. We, as a Nation, and 
those of us who serve in this body, I believe, have a moral 
responsibility to do something about it.

                              {time}  2030

  Mr. KINGSTON. I thank the gentlewoman. I have no further speakers on 
general debate, and I yield back the balance of my time.
  Mr. VAN HOLLEN. Mr. Chair, I rise in support of the FY 2010 
Agriculture, Rural Development, Food and Drug Administration 
Appropriations bill for the investments it makes in protecting the 
public health, bolstering food nutrition and conserving our natural 
resources.
  I am pleased that the Food and Drug Administration will receive 
$2.338 billion in discretionary funding, an increase of $299 million 
over last year. Serious gaps have been exposed in FDA's ability to 
protect the American public due to recent outbreaks and recalls of 
food-borne illnesses. We need to ensure that the FDA has the necessary 
tools and resources to fulfill its vital mission in protecting the 
American public from unsafe products. This substantial investment in 
the FDA will significantly improve food and medical products safety. In 
addition, the bill fully funds the President's request for the Food 
Safety Inspection Service, providing over $1 billion for FSIS for the 
first time in history for the inspection of meat, poultry and egg 
products.
  To help those low-income and elderly Americans struggling with rising 
food costs in this current economic crisis, this bill strengthens food 
nutrition programs by providing $61.4 billion for the Supplemental 
Nutrition Assistance Program, an increase of $7.4 billion over last 
year's amount, and $7.5 billion for the Women, Infants, and Children 
(WIC) program. The funding the legislation provides will help an 
additional 700,000 women, infants, and children, which will increase 
WIC participation to over ten million people.
  As Co-Chair of the bipartisan Congressional Chesapeake Bay Watershed 
Task Force, I am particularly pleased that the bill provides almost $4 
million through the Natural Resources Conservation Services for 
Chesapeake Bay restoration activities. Providing adequate technical 
assistance to farmers, landowners, watershed groups and communities is 
critical to implementing the Farm Bill conservation programs that are 
the single most vital tool to improving the health of the Chesapeake 
Bay. This legislation provides $980.3 million for the Natural Resources 
Conservation Program to help face the demands for cleaner water, 
reduced soil erosion, and more wildlife habitat.
  Mr. Chair, I commend Chairwoman DeLauro,  Ranking Member Kingston and 
the rest of the subcommittee for its work on this legislation and urge 
my colleagues' support.
   Mrs. MILLER of Michigan. Mr. Chair, I rise today in strong support 
of the underlying legislation, H.R. 2997 the Agriculture, Rural 
Development, Food and Drug Administration and Related Agencies 
Appropriations Act of 2010.
  My district is home to some of the most fertile farm land as well as 
some of the hardest working families farmers in the nation.
  As you drive through my district, you see fields full of dry beans, 
sugar beets, corn, wheat, soybeans, various vegetables, and other crops 
needed to feed our nation and indeed the world.
  We have thriving cattle, pork, and dairy industries as well.
  While so many identify Michigan with manufacturing, we sometimes 
forget that agriculture is Michigan's second leading industry--and the 
bright spot in a struggling Michigan economy.
  This bill is important because it provides much needed funding for 
the Farm Services Agency which administers disaster and loan programs, 
farm commodities and conservation programs directed toward producers.
  The bill also goes a long way in providing money for continued 
agriculture research which is so important in increasing yields and 
furthering education for our producers. This measure also includes 
essential programs to assist those living in rural communities and 
extends programs that keep the quality of our food safe.
  Finally, this bill also provides an important benefit to the Great 
Lakes, a national treasure which represent 20% of the world's 
freshwater supply. This bill exceeds the President's Budget and the 
FY2009 levels for funding for the Natural Resources Conservation 
Service which help protect wetlands and wildlife habitat.
  While there are certainly challenges with this bill--namely an 
increase in spending over last year--it is vital that we move this 
important funding bill forward. It is my hope that in conference we can 
find additional savings to bring total spending down, but this bill 
does represent spending that will provide sufficient support for an 
industry that is important to our national economy and necessary to 
make certain that America remains the greatest food producer in the 
world. I urge my colleagues to vote in favor of this bill.
  Mr. KUCINICH. Mr Chair, I rise in support of H.R. 2997, the 
Agriculture Appropriations bill. This bill wisely devotes half of the 
total appropriations in the entire bill to the Supplemental Nutrition 
Assistance Program (SNAP), formerly called the Food Stamp Program.
  The face of hunger takes many forms. This week while driving in my 
district I saw a homeless woman who suffered from chronic hunger, 
begging on the street corner. When the most basic need for food goes 
unmet, the most basic functions of living that so many of us take for 
granted become difficult, if not impossible. It threatens the economic 
and social well-being of the affected person, and sometimes the entire 
family. And while this homeless and hungry soul is an apt example of 
the face of hunger, the truth is that food insecurity is hurting far 
more than just the severely disadvantaged. Food insecurity is hurting 
our middle class, our children and our seniors among others. During 
difficult economic times like these, hunger's invisibility belies its 
startling prevalence.
  In the United States 1 in 8 or approximately 36 million Americans 
struggle with hunger, 13 million of which are children. According to 
the USDA 1 in 6 American children are food insecure. One out of every 
five children under five years of age is living at risk of hunger in 13 
states around our nation.
  In my home state of Ohio, 12.7 percent of Ohioans are food insecure; 
18.7 percent of Ohio's children are food insecure; and 23.3 percent of 
children under the age of five are food insecure. Ohio has recently 
been reported to have the third highest rate of food insecure children 
under the age of 5 in the nation.
  Uncertain times in our country and economy are even more uncertain 
for these children as their malnutrition will have a long-lasting 
impact on their future development. Proper nutrition throughout life is 
important but research tells us that for children three and under it is 
particularly important as this is the time that children build a 
foundation for the rest of their life. It is precisely the time when 
their brains and central nervous systems are growing the fastest. A 
good foundation is essential to a child's future health, including 
mental health, educational accomplishment and economic viability.
  Recent reports indicate that across our nation, 33.8 million people 
were enrolled in SNAP in April 2009. This is a new record and an 
increase of 20 percent over last year. It is expected that SNAP will 
serve approximately 35 million Americans in Fiscal Year 2010. According 
to a study from the Center for Community Solutions, portions of my 
district, including Lakewood, Fairview Park and Parma, have experienced 
a 74 percent increase in participation in the Food Stamp Program (now 
called SNAP) between 2002 and 2007. Furthermore, our local food bank, 
the Cleveland Food Bank, has significantly increased distribution since 
the start of the current fiscal year. Already they have distributed 
three million more pounds of food in the current fiscal year than was 
distributed in the entire prior year. By October 2009 it is expected 
that this number will increase to four million pounds. In Northeast 
Ohio local food pantries have experienced a 35 percent increase in 
clients. Many of these clients are first time users of the food bank.
  Policy Matters Ohio released a report in February 2009 that found 
that over 2.8 million

[[Page 17111]]

Ohioans--roughly 25 percent--are not earning enough income to meet 
their basic needs. The latest unemployment statistics for the State of 
Ohio show that unemployment is still on the rise at 10.8 percent. The 
national unemployment rate is 9.5 percent. These numbers are expected 
to increase in the coming weeks and months.
  The resources that are allocated to SNAP by this bill are desperately 
needed. I support this bill and urge its passage.
  Ms. HIRONO. Mr. Chair, I rise in strong support of H.R. 2997, the 
FY2010 Agriculture Appropriations bill, which makes important 
investments in agricultural research; conservation, rural development, 
and nutrition programs; as well as a number of other programs that 
support agriculture and rural communities in our nation.
  I am very grateful to the Committee, and especially to Chair Rosa 
DeLauro, for support of many of my high-priority requests and for 
recognizing the special challenges faced by Hawaii farmers.
  Yesterday as we were getting ready to begin debate, I was surprised 
to learn that another member had filed an amendment to eliminate 
funding for one of my Hawaii requests included in the final bill. The 
amendment would have eliminated a $153,000 earmark, titled Agricultural 
Diversification in Hawaii, to assist Hawaii farmers succeed in growing 
and marketing new crops to replace sugarcane and pineapple. It was a 
bit disappointing because the amendment was drafted by a member from 
Texas, a state that enjoys far more substantial federal support for its 
farmers in the form of direct payments and other agricultural services 
than Hawaii.
  Ultimately, the member from Texas decided not to offer his amendment. 
If he had, I would have offered the following defense for this 
important program.
  Hawaii is the most geographically isolated state.
  Hawaii imports 85 percent of the food consumed by residents and 
visitors and is estimated to have a 4-7 day food supply in the event of 
a shipping disruption of any kind.
  Our major agricultural industries of sugar and pineapple production 
have declined precipitously in the last 15 years. Of our last two sugar 
companies, one announced it was going out of business last year. Our 
longstanding leaders in pineapple production have moved their fruit 
production operations out of the state. As a result, Hawaii has been 
making a difficult transition from plantation to diversified 
agriculture.
  Increased food production for local and export markets is a key 
component to addressing food security in Hawaii.
  Most of the research done in mainland university and research 
institutions does not have much relevance in Hawaii. We grow different 
crops and have a year-round growing season, which means year-round pest 
and disease issues.
  There are no large national agricultural organizations to lobby for 
the interests of papaya, pineapple, banana, or coffee farmers. Rice and 
cotton growers in Texas can find support from growers in other states 
who will make sure that their needs are understood and met.
  The Hawaii Agricultural Diversification program has evolved over time 
from identifying alternative crops to replace sugarcane and pineapple, 
to assessments on aquaculture crops, to the current emphasis on 
tropical fruits.
  The overall tropical fruit industry in Hawaii comprises nearly 1300 
farmers who produce crops for tropical fruit markets with an annual 
farm gate value of more than $30 million.
  Included in this agricultural industry are banana, guava, papaya, 
avocados, and wide range of tropical specialty fruits such as rambutan, 
lychee, and longan.
  While the total acreage and the total number of farms increased in 
2007, these growers are small farmers, averaging less than 5 acres per 
farm in production. These farmers have limited resources and do not 
have the means to conduct the R & D to support their industry. This 
funding provides means for stakeholder-driven research and development 
in support of the industry.
  The main problems faced by Hawaii tropical fruit growers include pest 
management strategies, phytosanitary export protocols, and refined 
market information to guide production.
  For example, two major Hawaii Tropical Specialty Fruits, rambutan and 
longan, are grown for export to the U.S. mainland but face stiff 
competition with foreign countries, such as from Thailand, where labor 
and other input costs are much lower. Research funds have been devoted 
to finding best management practices for post-harvest handling of 
rambutan and longan to identify the fungal diseases that damage fruit 
and accelerate spoilage during shipment. Research, done collaboratively 
with USDA Agricultural Research Service, has identified methods to 
extend rambutan and longan shelf-life and to maintain higher quality 
fruit during shipment, giving Hawaii growers a competitive advantage 
over cheap foreign competition.
  Hawaii has an image of being a paradise. Hawaii is beautiful, but at 
the same time we are also very vulnerable to any downturn in the U.S. 
or international economies. Our biggest industry, tourism, has been hit 
hard by the recession. Our geographic isolation means that everything 
is more expensive, including inputs for agriculture.
  My district, which includes all of Hawaii (7 inhabited islands) 
except for the city of Honolulu, is largely rural and most of our 
residents would like it to stay that way. We have a long agricultural 
tradition and history and are struggling to adjust to changing markets 
without the safety net that most states that grow program crops (like 
cotton, rice, and corn) enjoy. Despite the fact that Hawaii farmers are 
not able to take advantage of many of the programs that benefit 
mainland farmers, I have consistently supported farmers throughout the 
country and simply ask that my fellow members also support Hawaii's 
hard-working farmers.
  Mr. ETHERIDGE. Mr. Chair, I rise tonight in reluctant support of this 
legislation. While H.R. 2997, the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act of 
2010 provides critical funding for the United States Department of 
Agriculture, including important initiatives that I helped put in the 
2008 Farm Bill, it falls short for some rural Americans.
  USDA funding is critical to our nation, and H.R. 2997 ensures USDA 
can continue its good work. This bill provides more than $2.8 billion 
for rural development, 4 percent more than in 2009, for investments 
such as rural housing, water projects, community facilities and 
economic development efforts. These rural initiatives not only sustain 
our rural communities, but also create new opportunities for growth and 
development in our nation's small towns. At a time when our rural 
economies are suffering, this funding provides a desperately needed 
hand up, and a way to spur continued growth and maintenance for 
existing infrastructure.
  To protect American agriculture, the safety of our nation's food 
supply, and to spur the continued research that makes our land grant 
universities the pinnacle of the world's agriculture research centers, 
the bill provides nearly $1.2 billion for the Agricultural Research 
Service, $1.3 billion for important agricultural research at the 
National Institute for Food and Agriculture, and $881 million to fund 
programs that protect American agriculture against animal and plant 
diseases. As the representative of the district that contains the main 
campus of North Carolina State University, one of our nation's finest 
land grant and agricultural research institutions, I am proud that the 
research funds within the bill will continue to allow these students 
and researchers to do their good work for American agriculture and the 
consumers who eat the healthy food American farmers produce, here at 
home and across the globe.
  Conservation efforts were sadly diminished under the last 
Administration, but this bill provides $980 million for conservation 
programs at USDA, 8 percent above the President's request and 1 percent 
above 2009. Funding provided in H.R. 2997 for the Natural Resources 
Conservation Service will improve service in the field, and deliver 
conservation to protect the environment. The bill rejects $267 million 
in proposed cuts to farm bill conservation priorities, including the 
Wetlands Reserve Program, Farmland Protection Program, and Wildlife 
Habitat Incentives Program. These initiatives ensure that our children 
inherit the legacy of a clean environment and a healthy rural America. 
They deserve no less than what we enjoyed growing up.
  To help the most needy in our society, H.R. 2997 provides more than 
$7.5 billion to provide proper nutrition to mothers and their children, 
supporting healthy food for up to an additional 700,000 women, infants, 
and children. The funds provided in this bill will help bring needed 
WIC assistance to more than ten million people. It also sets aside $125 
million for the upcoming WIC reauthorization, including a number of 
program improvements such as increasing fruit and vegetable vouchers, 
implementing the electronic benefit transfer system, and expanding the 
breast feeding peer counseling program.
  There are many good things in this bill. But while the bill provides 
basic support for our nation's farmers, it leaves out some of the 
farmers most in need and may harm many of our livestock and poultry 
producers.
  Mr. Chair, the people who live in my district are suffering. With 
double digit unemployment in every county in my district, we are 
experiencing some of the worst economic conditions

[[Page 17112]]

in the nation. My farmers are suffering as well. I have poultry growers 
and livestock producers who are on the verge of losing their homes. 
This bill should include Section 32 funding, that I requested, for 
economic disaster assistance for these producers, producers who work 
hard to raise thousands of birds for our family tables but are not 
eligible for any traditional assistance at USDA. This provision would 
have helped nearly a thousand poultry producers in a dozen states who 
have lost their contracts. These folks have nowhere else to turn for a 
bridge that will allow them to keep their farms. When we are giving 
bailouts to Wall Street and the auto industry, we owe it to rural 
America to lend a hand to those who reside on Main Street. But, 
unfortunately, the committee did not include this provision.
  I am also concerned about a provision put into this bill that extends 
a ban on imports of processed poultry meat from China. This is already 
threatening to hurt not only U.S. poultry producers, but also pork and 
beef producers who depend on the Chinese market. While I share 
Chairwoman DeLauro's desire to make sure that our food is safe, 
arbitrary restrictions do not forward our goals. Congress should rely 
on the food safety efforts of USDA and FDA, and insist on continued 
oversight of these agencies. We must work to improve Chinese food 
safety in a manner that protects U.S. consumers, but that is also 
consistent with our international obligations on fair trade. Singling 
out our largest trading partner may lead to retaliation that would 
threaten an already suffering industry. It is my hope that this 
provision will be removed from the bill during conference.
  Mr. Chair, I will vote for H.R. 2997, and I urge my colleagues to do 
the same. But I also urge those in Leadership, and the Chair of this 
committee, to think of North Carolina's poultry farmers, and livestock 
producers across the country, as this bill goes to conference. I hope 
to work together in the future to ensure that future legislation is 
more inclusive of all of our farmers and people in need.
  Mr. HOLT. Mr. Chair, I rise today in support of the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies. 
Appropriations Bill for Fiscal Year 2010, and commend Chairwoman 
DeLauro and the subcommittee for their hard work in crafting this bill. 
I urge my colleagues to support it.
  This bill will increase funding to many important programs that 
American families rely on for their health and well-being, especially 
during these challenging economic times. For example, the bill will 
provide $61.4 billion in funding for the Supplemental Nutrition 
Assistance Program (formerly Food Stamps), an increase of 15 percent 
above the funding currently available. With family incomes falling and 
unemployment rising, these funds are needed more than ever to enable 
low-income families to purchase food.
  In addition, the bill provides $16.8 billion in funding for child 
nutrition programs, an increase of 12 percent above the funding 
currently available, and $7.5 billion for the Women, infants and 
Children (WIC) nutrition program, a 10 percent increase above the 
currently available funding. These funds will enable children all over 
America to receive nutritious school lunches and breakfasts, and 
provide food packages containing nutritional supplements to children 
and pregnant and breast-feeding women who are nutritionally at risk 
because they lack the income to provide adequate nutrition.
  The bill also includes $180 million, 11 percent more than provided in 
the prior fiscal year, for the Commodity Supplement Food Program, to 
provide nutritious food to over a half million low-income women, 
infants, children, and elderly citizens struggling to make ends meet. 
The bill will expand this assistance beyond the 32 states currently 
receiving it, to six new states: Arkansas, Oklahoma, Delaware, Utah, 
Georgia and my home state of New Jersey. The Emergency Food Assistance 
Program and the Farmers Market Nutrition Program also receive 
substantial funding: $50 million and $20 million respectively.
  And the bill contains substantial funding for international food 
assistance, including $1.7 billion for the Food for Peace Program, 13 
percent more than currently provided, and $200 million for the 
McGovern-Dole International Food for Education and Child Nutrition 
Program, to provide food security and education and developmental 
support for the world's neediest children.
  And I am particularly pleased that this bill includes the full amount 
of funding for most of the organic programs I had requested funding 
for. For example, it includes $5 million for the Organic Transitions 
Research program, to facilitate the ability of farmers to convert to 
organic methods of production, $20 million for the Organic Agriculture 
Research and Extension Initiative, and $5 million each for the 
Community Food Projects and Hunger Free Communities programs, to 
facilitate the development of community gardens, community supported 
agriculture projects, farmers markets, and similar community food 
security projects.
  Especially, I am also pleased that my amendment to the bill to 
protect and strengthen the U.S. Department of Agriculture's (USDA) 
organic standards was included in the Manager's Amendment to the bill 
on the floor today. It is incumbent upon us to ensure that the USDA 
Inspector General has the resources it needs to complete a thorough 
investigation, already underway, into whether or not current inspectors 
are ensuring that the most rigorous standards for certification are 
honored when determining if a product may bear the ``USDA Organic'' 
label. In addition, the Inspector General needs sufficient resources to 
investigate whether or not non-organic substances inappropriately 
remain allowed in small amounts in USDA certified products after 
organic alternatives have been discovered; as the Washington Post 
reported last week, since the list of allowable non-organic substances 
was created in 2002, the number of such non-organic substances has 
ballooned from 77 to 245, and only one such substance has been removed.
  As noted in the Washington Post article, the program's lax standards 
are undermining the program and the law, prompting the author of the 
law, Senator Leahy, to state pointedly that ``it will unravel 
everything we've done if the standards can no longer be trusted . . . 
if we don't protect the brand, the organic label, the program is 
finished.'' Indeed, the explosive growth of the industry itself 
requires us to increase our vigilance accordingly. Therefore, I thank 
and commend Chairwoman DeLauro for her support and leadership on this 
issue, and for including my amendment in the bill.
  This bill funds many important nutritional and agricultural programs, 
and I urge my colleagues to support it.
  Ms. DeLAURO. Mr. Chairman, I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  No amendment shall be in order except the amendments printed in part 
A and B of House Report 111-191, not to exceed one of the amendments 
printed in part C of the report if offered by the gentleman from 
California (Mr. Campbell) or his designee; not to exceed three of the 
amendments printed in part D of the report if offered by the gentleman 
from Arizona (Mr. Flake) or his designee; and not to exceed one of the 
amendments printed in part E of the report if offered by the gentleman 
from Texas (Mr. Hensarling) or his designee. Each amendment shall be 
considered as read, shall be debatable for 10 minutes equally divided 
and controlled by the proponent and an opponent, and shall not be 
subject to a demand for division of the question. An amendment printed 
in part B, C, D, or E of the report may be offered only at the 
appropriate point in the reading.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 2997

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies programs for the fiscal year ending September 30, 
     2010, and for other purposes, namely:


             Part A Amendment No. 1 Offered by Ms. DeLauro

  Ms. DeLAURO. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part A amendment No. 1 offered by Ms. DeLauro:
       Page 3, line 19, after the dollar amount, insert ``(reduced 
     by $1,000,000)''.
       Page 5, line 4, after the dollar amount, insert ``(reduced 
     by $500,000)''.
       Page 5, line 5, after the dollar amount, insert ``(reduced 
     by $500,000)''.
       Page 6, line 9, after the dollar amount, insert ``(reduced 
     by $4,000,000)''.
       Page 8, line 1, after the dollar amount, insert 
     ``(increased by $500,000)''.
       Page 9, line 10, after the dollar amount, insert 
     ``(increased by $2,000,000)''.
       Page 10, line 25, after the dollar amount, insert 
     ``(increased by $3,519,000)''.
       Page 11, line 8, after the dollar amount, insert 
     ``(increased by $3,000,000)''.
       Page 11, line 23, after the dollar amount, insert 
     ``(increased by $519,000)''.

[[Page 17113]]

       Page 25, line 22, after each of the dollar amounts, insert 
     ``(reduced by $519,000)''.
       Page 57, line 8, after the dollar amount, insert 
     ``(increased by $235,000,000)''.
       Page 57, line 20, strike ``and''.
       Page 57, line 23, insert before the colon the following: 
     ``; and $235,000,000 shall be derived from tobacco product 
     user fees authorized by section 919 of the Federal Food, 
     Drug, and Cosmetic Act, as added by section 101 of the Family 
     Smoking Prevention and Tobacco Control Act (Public Law 111-
     31), and shall be credited to this account and remain 
     available until expended''.
       Page 57, line 25, strike ``and animal generic drug'' and 
     insert ``animal generic drug, and tobacco product''.
       Page 58, line 21, strike ``(7) not to exceed $115,882,000'' 
     and insert the following: ``(7) $216,523,000 shall be for the 
     Center for Tobacco Products and for related field activities 
     in the Office of Regulatory Affairs; (8) not to exceed 
     $117,225,000''.
       Page 58, line 25, strike ``(8) not to exceed $168,728,000'' 
     and insert ``(9) not to exceed $171,526,000''.
       Page 59, line 2, strike ``(9) not to exceed $185,793,000'' 
     and insert ``(10) not to exceed $200,129,000''.
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  There is appropriated, for the grant program for 
     the purpose of obtaining and adding to an anhydrous ammonia 
     fertilizer nurse tank a substance to reduce the amount of 
     methamphetamine that can be produced from any anhydrous 
     ammonia removed from the nurse tank as authorized by section 
     14203 of the Food, Conservation, and Energy Act of 2008 (21 
     U.S.C. 864a), hereby derived from the amount provided in this 
     Act for ``Rural Development Salaries and Expenses'', 
     $2,000,000.
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act may be used for first-class travel by 
     the employees of agencies funded by this Act in contravention 
     of sections 301-10.122 through 301-10.124 of title 41, Code 
     of Federal Regulations.

  The CHAIR. Pursuant to House Resolution 609, the gentlewoman from 
Connecticut (Ms. DeLauro) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Connecticut.
  Ms. DeLAURO. Mr. Chairman, this is a good amendment, and it contains 
several provisions.
  First, it appropriates the tobacco fees authorized in the recent 
tobacco bill to start up the new Tobacco Control Program as authorized 
under the Family Smoking Prevention and Tobacco Control Act.
  The amendment also provides increases of $2 million for the 
Agriculture Research Service and $3 million for the National Institute 
of Food and Agriculture. It increases funding for the Office of the 
Inspector General. It raises the funding level for the Higher Education 
Multicultural Scholars Program to $1.5 million; provides $2 million for 
the Methamphetamine Inhibitor Grant Program authorized in the farm 
bill; and prohibits first-class travel by employees funded in the bill 
if it violates existing rules.
  The increases are fully offset by small reductions to administrative 
programs. It is a noncontroversial amendment, and I urge my colleagues 
to support this amendment.
  I reserve the balance of my time.
  Mr. KINGSTON. Mr. Chairman, I rise to claim the time in opposition to 
the amendment.
  The CHAIR. The gentleman from Georgia is recognized for 5 minutes.
  Mr. KINGSTON. I yield myself such time as I may consume.
  Opposition of this amendment has nothing to do with the Agriculture 
Committee as much as it does the Rules Committee because there were so 
many amendments that the Rules Committee did not allow by the minority, 
and the reason that the Rules Committee said they did not allow them 
was because they were authorizing on an appropriation bill. This is 
authorizing on an appropriation bill. While there is a good reason for 
it, it is still something that I think is philosophically inconsistent 
with what the Rules Committee has been telling us for the last 24 
hours. I will ask for a recorded vote on this.
  I yield back the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I would just indicate that the Rules 
Committee did make the amendment in order. As I say, it is a 
noncontroversial amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Connecticut (Ms. DeLauro).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. KINGSTON. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentlewoman from Connecticut will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

       For necessary expenses of the Office of the Secretary of 
     Agriculture, $5,285,000: Provided, That not to exceed $11,000 
     of this amount shall be available for official reception and 
     representation expenses, not otherwise provided for, as 
     determined by the Secretary.

                       Office of Tribal Relations

       For necessary expenses of the Office of Tribal Relations, 
     $1,000,000, to support communication and consultation 
     activities with Federally Recognized Tribes, as well as other 
     requirements established by law.

                          Executive Operations


                     office of the chief economist

       For necessary expenses of the Office of the Chief 
     Economist, $13,032,000.


          Part B Amendment No. 2 Offered by Mr. Brady of Texas

  Mr. BRADY of Texas. Mr. Chairman, I call up my amendment made in 
order under the rule.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 2 offered by Mr. Brady of Texas:
       Page 3, line 4, after the dollar amount, insert ``(reduced 
     by $50,000)''.
       Page 8, line 20, after the dollar amount, insert 
     ``(increased by $50,000)''.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from Texas 
(Mr. Brady) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. BRADY of Texas. Mr. Chairman, this amendment seeks to shift 
$50,000 from the Office of the Chief Economist at the USDA to the 
Economic Research Service.
  The goal of this amendment is to have the Office of the Chief 
Economist work jointly with the Economic Research Service and the 
Foreign Agriculture Service to conduct an independent, objective study 
on the potential growth in U.S. agriculture exports that would result 
from implementation of the pending trade promotion agreements with 
Colombia, Panama, and South Korea within 90 days of this legislation 
becoming law.
  Additionally, the Department of Agriculture would also report on the 
potential impact of U.S. agriculture exports if these agreements are 
not implemented.
  In each case, the USDA would analyze the impacts of changes in 
exports on agriculture sector jobs, wages, farm income, and commodity 
prices.
  As many of you know, each of these countries have signed or are 
negotiating trade agreements with several countries that are major 
competitors for America's farmers and ranchers. I know we are all 
concerned about the potential loss of competitiveness that families and 
workers in our agriculture sector would face if the pending trade 
agreements are not implemented.
  While there has been some analysis of the impact of the pending trade 
agreements on American farmers and ranchers, much of this analysis is 
outdated. For example, the study by the U.S. International Trade 
Commission on the U.S.-Colombia Trade Promotion Agreement was published 
in December 2006 and relied on trade data from 2005. Obviously, 
conditions have changed since then.
  In these difficult economic times, Congress, now more than ever, must 
pursue policies to enhance the competitiveness of America's farmers and 
ranchers. And since 95 percent of all consumers live outside the United 
States, increasing exports, finding new customers for American farmers 
and ranchers, are a vital component of that effort.
  The analysis conducted as a result of this amendment will help 
Members of

[[Page 17114]]

Congress understand fully the importance of leveling the playing field 
for America's farmers and ranchers by considering and implementing the 
pending trade agreements.
  I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, although I plan to support the amendment, 
I ask unanimous consent to claim the time in opposition.
  The CHAIR. Without objection, the gentlewoman from Connecticut is 
recognized for 5 minutes.
  There was no objection.
  Ms. DeLAURO. I want to first say to the gentleman from Texas, to be 
clear and have real clarity about this amendment, this would transfer 
$50,000 from the Office of the Chief Economist to the Economic Research 
Service.
  The gentleman's amendment does not address trade or trade agreements. 
It is a simple transfer of funds from the Office of the Chief Economist 
to the ERS, without any designation of what the disposition of those 
funds are. I want to be absolutely clear about that.
  I yield to the gentleman.
  Mr. BRADY of Texas. Yes, Madam Chairman, we were very respectful of 
the House rules on those issues. Clearly an intent of this discussion 
tonight is to have this study conducted, but we were very respectful of 
the House rules.
  Ms. DeLAURO. As I said, I plan to support the amendment, but the 
amendment as I say makes that transfer. I did not choose the offset 
that is included, and we may need to revisit that in conference. But I 
would be happy to accept the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BRADY of Texas. Mr. Chair, I would like to call up my amendment, 
made in order under the rule, to shift $50,000 from Office of the Chief 
Economist at USDA to the Economic Research Service (ERS).
  The goal of this amendment is to have the Office of the Chief 
Economist work jointly with the Economic Research Service and the 
Foreign Agriculture Service to conduct a study on the potential growth 
in U.S. agriculture exports that would result from implementation of 
the pending trade promotion agreements with Colombia, Panama, and South 
Korea within 90 days of this legislation becoming law.
  Additionally, USDA would also report on the potential impact on U.S. 
agriculture exports if these agreements are not implemented.
  In each case, USDA would analyze the impacts of changes in exports on 
agriculture sector employment, wages, farm income, and commodity 
prices.
  As I am sure you know, each of these countries has signed or is 
negotiating trade agreements with several countries that are major 
competitors for U.S. farmers and ranchers. I know we are all concerned 
about the potential loss of competitiveness the families and workers in 
our agriculture sector would face if the pending trade agreements are 
not implemented.
  Previous studies by the International Trade Commission show the 
benefits of these agreements. Taken together, they could increase all 
U.S. exports by over $12 billion. This new study would give us an 
opportunity to update this information and focus specifically on the 
U.S. agriculture sector.
  In these difficult economic times, Congress, now more than ever, must 
pursue policies to enhance the competitiveness of America's farmers and 
ranchers. Since 95 percent of all consumers are outside of the United 
States, increasing exports are a vital component of that effort.
  The analysis conducted as a result of my amendment would help Members 
of Congress understand the importance of leveling the playing field for 
America's farmers and ranchers by implementing the pending trade 
agreements.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Brady).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. BRADY of Texas. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Texas will be postponed.
  The Clerk will read.
  The Clerk read as follows:


                       national appeals division

       For necessary expenses of the National Appeals Division, 
     $15,289,000.


                 office of budget and program analysis

       For necessary expenses of the Office of Budget and Program 
     Analysis, $9,436,000.


                      office of homeland Security

       For necessary expenses of the Office of Homeland Security, 
     $2,494,000.

                    Office of Advocacy and Outreach

       For necessary expenses of the Office of Advocacy and 
     Outreach, $3,000,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, $61,579,000.


             Part B Amendment No. 4 Offered by Mrs. Capito

  Mrs. CAPITO. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 4 offered by Mrs. Capito:
       Page 3, line 19, insert after the dollar amount the 
     following: ``(reduced by $10,038,000)''.
       Page 46, line 18, insert after the dollar amount the 
     following: ``(increased by $10,038,000)''.

  The CHAIR. Pursuant to House Resolution 609, the gentlewoman from 
West Virginia (Mrs. Capito) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from West Virginia.
  Mrs. CAPITO. Mr. Chairman, as we know, funding for rural water 
projects is vital to the quality of life in our local communities. 
Small communities have the greatest difficulty providing safe, 
affordable public drinking water due to their limited resources, and 
this amendment is designed to help address this challenge.
  Helping small communities better manage their water resources is 
absolutely critical to rural America. Across this country, over 90 
percent of the community water systems serve a population of less than 
10,000 people, and are eligible to receive support from the USDA Water 
and Waste Disposal programs.
  USDA water loans and grants allow communities to build or extend 
water systems and repay the loans at reasonable rates and terms. These 
important programs provide small communities that possess limited 
technical and financial resources the tools they need to protect their 
drinking water quality.
  Small and rural communities rely on technical assistance and training 
from their State rural water associations to overcome their lack of 
economies of scale, provide critical onsite technical expertise, and 
comply with Federal rules and regulations. Without this assistance, 
many could not construct new systems, expand existing ones, or comply 
with mandates.
  My amendment would restore funding of the Rural Water and Wastewater 
Disposal program to the fiscal year 2009 level, and ensure that 
communities have access to the technical resources they need to supply 
safe and affordable water.
  At the President's request, the committee reduced funding to the 
Rural Water and Wastewater Disposal program by $10.038 million. But 
just yesterday, the Senate Appropriations Committee recommended the 
Rural Water and Waste Disposal program receive $22.5 million above the 
President's request.
  We must continue to protect important rural water systems which are 
critical to the economic viability of any small community by 
maintaining funding for the Rural Water and Wastewater Disposal 
program. I encourage my colleagues to support this amendment.
  I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, although I plan to support the amendment, 
I ask unanimous consent to claim the time in opposition.
  The CHAIR. Without objection, the gentlewoman from Connecticut is 
recognized for 5 minutes.
  There was no objection.
  Ms. DeLAURO. This amendment does transfer $10.038 million from the 
Office of Chief Information Officer to the Rural Water and Waste 
Disposal program. I support more funding for water and waste programs. 
I did not again here in this instance choose the offset that is 
included, and we may need to revisit that in the conference. I urge

[[Page 17115]]

adoption of the amendment. I ask for a ``yes'' vote on the amendment.
  I yield back the balance of my time.
  Mrs. CAPITO. I thank the chairwoman for her support for this 
amendment. I would like to mention that I did circulate a letter in 
support of this program, and we had great bipartisan support in that 
letter and I appreciate the support across the aisle. I would like to 
thank the ranking member as well.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from West Virginia (Mrs. Capito).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mrs. CAPITO. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentlewoman from West Virginia will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, $6,466,000: Provided, That no funds made available 
     by this appropriation may be obligated for FAIR Act or 
     Circular A-76 activities until the Secretary has submitted to 
     the Committees on Appropriations of both Houses of Congress 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives a report on the Department's 
     contracting out policies, including agency budgets for 
     contracting out.


           Part B Amendment No. 5 Offered by Mr. Fortenberry

  Mr. FORTENBERRY. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 5 offered by Mr. Fortenberry:
       Page 3, line 19, insert after the dollar amount the 
     following: ``(reduced by $2,000,000)''.
       Page 46, line 5, insert after the dollar amount the 
     following: ``(increased by $2,000,000)''.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from 
Nebraska (Mr. Fortenberry) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Nebraska.
  Mr. FORTENBERRY. Mr. Chairman, I appreciate having an opportunity to 
offer this amendment to promote renewable energy in rural America.
  America needs a bold new energy division, and I believe this 
amendment can help. Our sustainable energy future must include the 
integration of conservation, as well as new technologies, powered by 
clean renewable sources such as wind, solar, biomass and biofuels.

                              {time}  2045

  Specifically, Mr. Chairman, my amendment would transfer $2 million 
from the United States Department of Agriculture Office of the Chief 
Information Officer to the Rural Energy for America Program.
  While I do recognize the importance of funding for the Office of the 
Chief Information Officer and its role in providing enhanced technology 
at the Department of Agriculture, this appropriations bill does provide 
a $44 million increase for the office compared to last year. I believe 
it is appropriate to transfer a small amount of that increase, $2 
million, to our Nation's renewable energy efforts. Specifically, again, 
my amendment shifts this funding to the Rural Energy for America 
Program, known as REAP. The REAP program funds a wide range of 
renewable energy projects that stimulate rural economies, help create 
jobs, and address environmental concerns. This funding promotes energy 
efficiency and renewable energy production and is directed to farming 
communities and rural small businesses.
  I would also like to emphasize, Mr. Chairman, that in last year's 
farm bill there is included a new program that has parallel goals to 
REAP and is designed to create models of energy independence on a rural 
community level. This new program, the Rural Energy Self-Sufficiency 
Initiative, authorizes the Secretary of Agriculture to make grants to 
up to five eligible rural communities annually. The pilot program 
grants would be used to develop an integrated renewable energy system 
in order to increase energy self-sufficiency through technologies as 
well as other renewable sources, such as biofuels, biomass, biogas, 
geothermal, and wind and solar, resulting in model systems and best 
practices that could be replicated elsewhere in the Nation.
  Because of the importance of this new program, it is my hope that the 
$2 million provided in this amendment, should it pass, would be 
directed to the Rural Energy Self-Sufficiency Initiative as the 
appropriations process moves forward.
  Mr. Chairman, I do believe that renewable energy is changing today's 
agriculture and rural communities. It is clearly in our national 
interest to help rural communities integrate a wide variety of 
renewable energy sources and technologies as we move toward energy 
independence and environmental security.
  New development and signs of interest in renewable energy production 
are booming, Mr. Chairman, and I am proud that my own State, Nebraska, 
is a leader in creating green jobs in the country.
  This amendment does strengthen Congress' resolve to creatively 
appropriate monies for the best practices in regards to renewable 
resources and develop new energy options throughout our country.
  I urge its adoption, and I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, though I plan to support the amendment, I 
ask unanimous consent to claim the time in opposition.
  The CHAIR. Without objection, the gentlewoman from Connecticut is 
recognized for 5 minutes.
  There was no objection.
  Ms. DeLAURO. This amendment, as has been stated, increases funding 
for the Rural Energy for America Program by $2 million, taking that 
funding from the Office of the Chief Information Officer.
  The 2008 farm bill provided significant amounts of mandatory funding 
for this program, and this bill before us today increases that 
investment towards energy independence. I did not choose the offset 
that's included, and we may need to revisit that in conference, but I 
am a strong supporter of these efforts.
  I urge the adoption of the amendment and would ask for a ``yes'' vote 
on the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. FORTENBERRY. I would like to thank the chairwoman of the 
committee for her support of this amendment. It's important. Clearly, 
we have a similar vision on a bold, new, sustainable energy vision for 
the country, and I think this is important and will help very much.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Nebraska (Mr. Fortenberry).
  The amendment was agreed to.
  The CHAIR. The Clerk will read.
  The Clerk read as follows:

           Office of the Assistant Secretary for Civil Rights

       For necessary expenses of the Office of the Assistant 
     Secretary for Civil Rights, $888,000.

                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $23,922,000.

          Office of the Assistant Secretary for Administration

       For necessary expenses of the Office of the Assistant 
     Secretary for Administration, $700,000.

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)

       For payment of space rental and related costs pursuant to 
     Public Law 92-313, including authorities pursuant to the 1984 
     delegation of authority from the Administrator of General 
     Services to the Department of Agriculture under 40 U.S.C. 
     486, for programs and activities of the Department which are 
     included in this Act, and for alterations and other actions 
     needed for the Department and its agencies to consolidate 
     unneeded space into configurations suitable for release to 
     the Administrator of General Services, and for the operation, 
     maintenance, improvement, and repair of Agriculture buildings

[[Page 17116]]

     and facilities, and for related costs, $326,982,000, to 
     remain available until expended, of which $224,401,000 shall 
     be available for payments to the General Services 
     Administration for rent; of which $13,500,000 for payment to 
     the Department of Homeland Security for building security 
     activities; and of which $89,081,000 for buildings operations 
     and maintenance expenses: Provided, That the Secretary can 
     use up to $69,000,000 of these funds to cover shortfalls 
     incurred in prior year rental payments: Provided further, 
     That the Secretary is authorized to transfer funds from a 
     Departmental agency to this account to recover the full cost 
     of the space and security expenses of that agency that are 
     funded by this account when the actual costs exceed the 
     agency estimate which will be available for the activities 
     and payments described herein.

                     Hazardous Materials Management


                     (including transfers of funds)

       For necessary expenses of the Department of Agriculture, to 
     comply with the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and 
     the Resource Conservation and Recovery Act (42 U.S.C. 6901 et 
     seq.), $5,125,000, to remain available until expended: 
     Provided, That appropriations and funds available herein to 
     the Department for Hazardous Materials Management may be 
     transferred to any agency of the Department for its use in 
     meeting all requirements pursuant to the above Acts on 
     Federal and non-Federal lands.

                      Departmental Administration


                     (including transfers of funds)

       For Departmental Administration, $41,319,000, to provide 
     for necessary expenses for management support services to 
     offices of the Department and for general administration, 
     security, repairs and alterations, and other miscellaneous 
     supplies and expenses not otherwise provided for and 
     necessary for the practical and efficient work of the 
     Department: Provided, That this appropriation shall be 
     reimbursed from applicable appropriations in this Act for 
     travel expenses incident to the holding of hearings as 
     required by 5 U.S.C. 551-558: Provided further, That of the 
     amount appropriated, $13,000,000 is for stabilization and 
     reconstruction activities to be carried out under the 
     authority provided by title XIV of the Food and Agriculture 
     Act of 1977 (7 U.S.C. 3101 et seq.) and other applicable 
     laws.

     Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)

       For necessary expenses of the Office of the Assistant 
     Secretary for Congressional Relations to carry out the 
     programs funded by this Act, including programs involving 
     intergovernmental affairs and liaison within the executive 
     branch, $3,968,000: Provided, That these funds may be 
     transferred to agencies of the Department of Agriculture 
     funded by this Act to maintain personnel at the agency level: 
     Provided further, That no funds made available by this 
     appropriation may be obligated after 30 days from the date of 
     enactment of this Act, unless the Secretary has notified the 
     Committees on Appropriations of both Houses of Congress on 
     the allocation of these funds by USDA agency: Provided 
     further, That no other funds appropriated to the Department 
     by this Act shall be available to the Department for support 
     of activities of congressional relations.

                        Office of Communications

       For necessary expenses of the Office of Communications, 
     $9,722,000.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     including employment pursuant to the Inspector General Act of 
     1978, $88,781,000, including such sums as may be necessary 
     for contracting and other arrangements with public agencies 
     and private persons pursuant to section 6(a)(9) of the 
     Inspector General Act of 1978, and including not to exceed 
     $125,000 for certain confidential operational expenses, 
     including the payment of informants, to be expended under the 
     direction of the Inspector General pursuant to Public Law 95-
     452 and section 1337 of Public Law 97-98.

                     Office of the General Counsel

       For necessary expenses of the Office of the General 
     Counsel, $43,601,000.

  Office of the Under Secretary for Research, Education and Economics

       For necessary expenses of the Office of the Under Secretary 
     for Research, Education and Economics, $620,000.

                       Economic Research Service

       For necessary expenses of the Economic Research Service, 
     $82,478,000.

                National Agricultural Statistics Service

       For necessary expenses of the National Agricultural 
     Statistics Service, $161,830,000, of which up to $37,908,000 
     shall be available until expended for the Census of 
     Agriculture.

                     Agricultural Research Service


                         salaries and expenses

       For necessary expenses of the Agricultural Research Service 
     and for acquisition of lands by donation, exchange, or 
     purchase at a nominal cost not to exceed $100, and for land 
     exchanges where the lands exchanged shall be of equal value 
     or shall be equalized by a payment of money to the grantor 
     which shall not exceed 25 percent of the total value of the 
     land or interests transferred out of Federal ownership, 
     $1,155,568,000: Provided, That appropriations hereunder shall 
     be available for the operation and maintenance of aircraft 
     and the purchase of not to exceed one for replacement only: 
     Provided further, That appropriations hereunder shall be 
     available pursuant to 7 U.S.C. 2250 for the construction, 
     alteration, and repair of buildings and improvements, but 
     unless otherwise provided, the cost of constructing any one 
     building shall not exceed $375,000, except for headhouses or 
     greenhouses which shall each be limited to $1,200,000, and 
     except for 10 buildings to be constructed or improved at a 
     cost not to exceed $750,000 each, and the cost of altering 
     any one building during the fiscal year shall not exceed 10 
     percent of the current replacement value of the building or 
     $375,000, whichever is greater: Provided further, That the 
     limitations on alterations contained in this Act shall not 
     apply to modernization or replacement of existing facilities 
     at Beltsville, Maryland: Provided further, That 
     appropriations hereunder shall be available for granting 
     easements at the Beltsville Agricultural Research Center: 
     Provided further, That the foregoing limitations shall not 
     apply to replacement of buildings needed to carry out the Act 
     of April 24, 1948 (21 U.S.C. 113a): Provided further, That 
     funds may be received from any State, other political 
     subdivision, organization, or individual for the purpose of 
     establishing or operating any research facility or research 
     project of the Agricultural Research Service, as authorized 
     by law.


                        buildings and facilities

       For acquisition of land, construction, repair, improvement, 
     extension, alteration, and purchase of fixed equipment or 
     facilities as necessary to carry out the agricultural 
     research programs of the Department of Agriculture, where not 
     otherwise provided, $35,000,000, to remain available until 
     expended.

               National Institute of Food and Agriculture


                   research and education activities

       For payments to agricultural experiment stations, for 
     cooperative forestry and other research, for facilities, and 
     for other expenses, $708,004,000, as follows: to carry out 
     the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i), 
     $215,000,000; for grants for cooperative forestry research 
     (16 U.S.C. 582a through a-7), $28,000,000; for payments to 
     eligible institutions (7 U.S.C. 3222), $48,000,000, provided 
     that each institution receives no less than $1,000,000; for 
     special grants (7 U.S.C. 450i(c)), $70,676,000; for 
     competitive grants on improved pest control (7 U.S.C. 
     450i(c)), $15,945,000; for competitive grants (7 U.S.C. 
     450(i)(b)), $210,000,000, to remain available until expended; 
     for the support of animal health and disease programs (7 
     U.S.C. 3195), $2,950,000; for the 1994 research grants 
     program for 1994 institutions pursuant to section 536 of 
     Public Law 103-382 (7 U.S.C. 301 note), $1,610,000, to remain 
     available until expended; for rangeland research grants (7 
     U.S.C. 3333), $983,000; for higher education graduate 
     fellowship grants (7 U.S.C. 3152(b)(6)), $3,859,000, to 
     remain available until expended (7 U.S.C. 2209b); for a 
     program pursuant to section 1415A of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3151a), $4,000,000, to remain available until 
     expended; for higher education challenge grants (7 U.S.C. 
     3152(b)(1)), $5,654,000; for a higher education multicultural 
     scholars program (7 U.S.C. 3152(b)(5)), $981,000, to remain 
     available until expended (7 U.S.C. 2209b); for an education 
     grants program for Hispanic-serving Institutions (under 7 
     U.S.C. 3241), $10,000,000; for competitive grants for the 
     purpose of carrying out all provisions of 7 U.S.C. 3156 to 
     individual eligible institutions or consortia of eligible 
     institutions in Alaska and in Hawaii, with funds awarded 
     equally to each of the States of Alaska and Hawaii, 
     $3,196,000; for a secondary agriculture education program and 
     two-year post-secondary education (7 U.S.C. 3152(j)), 
     $983,000; for aquaculture grants (7 U.S.C. 3322), $3,928,000; 
     for sustainable agriculture research and education (7 U.S.C. 
     5811), $14,399,000; for a program of capacity building grants 
     (7 U.S.C. 3152(b)(4)) to institutions eligible to receive 
     funds under 7 U.S.C. 3221 and 3222, $20,000,000, to remain 
     available until expended (7 U.S.C. 2209b); for payments to 
     the 1994 Institutions pursuant to section 534(a)(1) of Public 
     Law 103-382, $3,342,000; for resident instruction grants for 
     insular areas under section 1491 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3363), $1,000,000; for distance education grants for 
     insular areas under section 1490 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3362), $1,000,000; for competitive grants for the 
     purpose of carrying out section 7526 of the Food, 
     Conservation, and Energy Act of 2008 to eligible 
     institutions, $3,000,000; for a new era rural technology 
     program pursuant to section 1473E of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3319e), $1,000,000; and for necessary expenses 
     of Research and Education Activities, $38,498,000, of which 
     $2,704,000 for the Research, Education, and Economics 
     Information System

[[Page 17117]]

     and $2,136,000 for the Electronic Grants Information System, 
     are to remain available until expended.


              native american institutions endowment fund

       For the Native American Institutions Endowment Fund 
     authorized by Public Law 103-382 (7 U.S.C. 301 note), 
     $11,880,000, to remain available until expended.


                          extension activities

       For payments to States, the District of Columbia, Puerto 
     Rico, Guam, the Virgin Islands, Micronesia, the Northern 
     Marianas, and American Samoa, $485,466,000, as follows: 
     payments for cooperative extension work under the Smith-Lever 
     Act, to be distributed under sections 3(b) and 3(c) of said 
     Act, and under section 208(c) of Public Law 93-471, for 
     retirement and employees' compensation costs for extension 
     agents, $295,000,000; payments for extension work at the 1994 
     Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), 
     $4,321,000; payments for the nutrition and family education 
     program for low-income areas under section 3(d) of the Act, 
     $68,000,000; payments for the pest management program under 
     section 3(d) of the Act, $9,791,000; payments for the farm 
     safety program under section 3(d) of the Act, $4,863,000; 
     payments for New Technologies for Ag Extension under section 
     3(d) of the Act, $1,500,000; payments to upgrade research, 
     extension, and teaching facilities at institutions eligible 
     to receive funds under 7 U.S.C. 3221 and 3222, $21,000,000, 
     to remain available until expended; payments for youth-at-
     risk programs under section 3(d) of the Smith-Lever Act, 
     $8,396,000; for youth farm safety education and certification 
     extension grants, to be awarded competitively under section 
     3(d) of the Act, $479,000; payments for carrying out the 
     provisions of the Renewable Resources Extension Act of 1978 
     (16 U.S.C. 1671 et seq.), $4,008,000; payments for the 
     federally recognized Tribes Extension Program under section 
     3(d) of the Smith-Lever Act, $3,000,000; payments for 
     sustainable agriculture programs under section 3(d) of the 
     Act, $4,568,000; payments for cooperative extension work by 
     eligible institutions (7 U.S.C. 3221), $44,000,000, provided 
     that each institution receives no less than $1,000,000; for 
     grants to youth organizations pursuant to 7 U.S.C. 7630, 
     $1,800,000; payments to carry out the food animal residue 
     avoidance database program as authorized by 7 U.S.C. 7642, 
     $806,000; and for necessary expenses of Extension Activities, 
     $13,934,000.


                         integrated activities

       For the integrated research, education, and extension 
     grants programs, including necessary administrative expenses, 
     $60,022,000, as follows: for competitive grants programs 
     authorized under section 406 of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), 
     $45,148,000, including $12,649,000 for the water quality 
     program, $14,596,000 for the food safety program, $4,096,000 
     for the regional pest management centers program, $4,388,000 
     for the Food Quality Protection Act risk mitigation program 
     for major food crop systems, $1,365,000 for the crops 
     affected by Food Quality Protection Act implementation, 
     $3,054,000 for the methyl bromide transition program, and 
     $5,000,000 for the organic transition program; for a 
     competitive international science and education grants 
     program authorized under section 1459A of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3292b), to remain available until expended, 
     $3,000,000; for grants programs authorized under section 
     2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to 
     remain available until September 30, 2011, for the critical 
     issues program; $1,312,000 for the regional rural development 
     centers program; and $9,830,000 for the Food and Agriculture 
     Defense Initiative authorized under section 1484 of the 
     National Agricultural Research, Extension, and Teaching 
     Policy Act of 1977, to remain available until September 30, 
     2011.

  Office of the Under Secretary for Marketing and Regulatory Programs

       For necessary expenses of the Office of the Under Secretary 
     for Marketing and Regulatory Programs, $753,000.

               Animal and Plant Health Inspection Service


                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Animal and Plant Health 
     Inspection Service, including up to $30,000 for 
     representation allowances and for expenses pursuant to the 
     Foreign Service Act of 1980 (22 U.S.C. 4085), $881,019,000, 
     of which $2,058,000 shall be available for the control of 
     outbreaks of insects, plant diseases, animal diseases and for 
     control of pest animals and birds to the extent necessary to 
     meet emergency conditions; of which $23,390,000 shall be used 
     for the cotton pests program for cost share purposes or for 
     debt retirement for active eradication zones; of which 
     $60,243,000 shall be used to prevent and control avian 
     influenza and shall remain available until expended: 
     Provided, That funds provided for the contingency fund to 
     meet emergency conditions, information technology 
     infrastructure, fruit fly program, emerging plant pests, 
     cotton pests program, grasshopper and mormon cricket program, 
     the plum pox program, the National Veterinary Stockpile, up 
     to $1,500,000 in the scrapie program for indemnities, up to 
     $1,000,000 for wildlife services methods development, up to 
     $1,000,000 of the wildlife services operations program for 
     aviation safety, and up to 25 percent of the screwworm 
     program shall remain available until expended: Provided 
     further, That no funds shall be used to formulate or 
     administer a brucellosis eradication program for the current 
     fiscal year that does not require minimum matching by the 
     States of at least 40 percent: Provided further, That this 
     appropriation shall be available for the operation and 
     maintenance of aircraft and the purchase of not to exceed 
     four, of which two shall be for replacement only: Provided 
     further, That, in addition, in emergencies which threaten any 
     segment of the agricultural production industry of this 
     country, the Secretary may transfer from other appropriations 
     or funds available to the agencies or corporations of the 
     Department such sums as may be deemed necessary, to be 
     available only in such emergencies for the arrest and 
     eradication of contagious or infectious disease or pests of 
     animals, poultry, or plants, and for expenses in accordance 
     with sections 10411 and 10417 of the Animal Health Protection 
     Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the 
     Plant Protection Act (7 U.S.C. 7751 and 7772), and any 
     unexpended balances of funds transferred for such emergency 
     purposes in the preceding fiscal year shall be merged with 
     such transferred amounts: Provided further, That 
     appropriations hereunder shall be available pursuant to law 
     (7 U.S.C. 2250) for the repair and alteration of leased 
     buildings and improvements, but unless otherwise provided the 
     cost of altering any one building during the fiscal year 
     shall not exceed 10 percent of the current replacement value 
     of the building.
       In fiscal year 2010, the agency is authorized to collect 
     fees to cover the total costs of providing technical 
     assistance, goods, or services requested by States, other 
     political subdivisions, domestic and international 
     organizations, foreign governments, or individuals, provided 
     that such fees are structured such that any entity's 
     liability for such fees is reasonably based on the technical 
     assistance, goods, or services provided to the entity by the 
     agency, and such fees shall be credited to this account, to 
     remain available until expended, without further 
     appropriation, for providing such assistance, goods, or 
     services.


                        buildings and facilities

       For plans, construction, repair, preventive maintenance, 
     environmental support, improvement, extension, alteration, 
     and purchase of fixed equipment or facilities, as authorized 
     by 7 U.S.C. 2250, and acquisition of land as authorized by 7 
     U.S.C. 428a, $4,712,000, to remain available until expended.

                     Agricultural Marketing Service


                           marketing services

       For necessary expenses of the Agricultural Marketing 
     Service, $90,848,000: Provided, That this appropriation shall 
     be available pursuant to law (7 U.S.C. 2250) for the 
     alteration and repair of buildings and improvements, but the 
     cost of altering any one building during the fiscal year 
     shall not exceed 10 percent of the current replacement value 
     of the building.
       Fees may be collected for the cost of standardization 
     activities, as established by regulation pursuant to law (31 
     U.S.C. 9701).


                 limitation on administrative expenses

       Not to exceed $64,583,000 (from fees collected) shall be 
     obligated during the current fiscal year for administrative 
     expenses: Provided, That if crop size is understated and/or 
     other uncontrollable events occur, the agency may exceed this 
     limitation by up to 10 percent with notification to the 
     Committees on Appropriations of both Houses of Congress.


    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

       Funds available under section 32 of the Act of August 24, 
     1935 (7 U.S.C. 612c), shall be used only for commodity 
     program expenses as authorized therein, and other related 
     operating expenses, including not less than $20,000,000 for 
     replacement of a system to support commodity purchases, 
     except for: (1) transfers to the Department of Commerce as 
     authorized by the Fish and Wildlife Act of August 8, 1956; 
     (2) transfers otherwise provided in this Act; and (3) not 
     more than $20,056,000 for formulation and administration of 
     marketing agreements and orders pursuant to the Agricultural 
     Marketing Agreement Act of 1937 and the Agricultural Act of 
     1961.


                   payments to states and possessions

       For payments to departments of agriculture, bureaus and 
     departments of markets, and similar agencies for marketing 
     activities under section 204(b) of the Agricultural Marketing 
     Act of 1946 (7 U.S.C. 1623(b)), $1,334,000.

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

       For necessary expenses of the Grain Inspection, Packers and 
     Stockyards Administration, $41,964,000: Provided, That this 
     appropriation shall be available pursuant to law (7 U.S.C. 
     2250) for the alteration and repair of buildings and 
     improvements, but the cost of

[[Page 17118]]

     altering any one building during the fiscal year shall not 
     exceed 10 percent of the current replacement value of the 
     building.


        limitation on inspection and weighing services expenses

       Not to exceed $42,463,000 (from fees collected) shall be 
     obligated during the current fiscal year for inspection and 
     weighing services: Provided, That if grain export activities 
     require additional supervision and oversight, or other 
     uncontrollable factors occur, this limitation may be exceeded 
     by up to 10 percent with notification to the Committees on 
     Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

       For necessary expenses of the Office of the Under Secretary 
     for Food Safety, $622,000.

                   Food Safety and Inspection Service

       For necessary expenses to carry out services authorized by 
     the Federal Meat Inspection Act, the Poultry Products 
     Inspection Act, and the Egg Products Inspection Act, 
     including not to exceed $50,000 for representation allowances 
     and for expenses pursuant to section 8 of the Act approved 
     August 3, 1956 (7 U.S.C. 1766), $1,018,520,000; and in 
     addition, $1,000,000 may be credited to this account from 
     fees collected for the cost of laboratory accreditation as 
     authorized by section 1327 of the Food, Agriculture, 
     Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, 
     That no fewer than 120 full-time equivalent positions shall 
     be employed during fiscal year 2010 for purposes dedicated 
     solely to inspections and enforcement related to the Humane 
     Methods of Slaughter Act: Provided further, That of the 
     amount available under this heading, $3,000,000 shall be 
     obligated to maintain the Humane Animal Tracking System as 
     part of the Public Health Data Communication Infrastructure 
     System: Provided further, That this appropriation shall be 
     available pursuant to law (7 U.S.C. 2250) for the alteration 
     and repair of buildings and improvements, but the cost of 
     altering any one building during the fiscal year shall not 
     exceed 10 percent of the current replacement value of the 
     building.

  Ms. DeLAURO (during the reading). I ask unanimous consent that the 
remainder of the bill through page 22, line 17, be considered as read.
  The CHAIR. Is there objection to the request of the gentlewoman from 
Connecticut?
  There was no objection.
  The CHAIR. The Clerk will read.
  The Clerk read as follows:

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

       For necessary expenses of the Office of the Under Secretary 
     for Farm and Foreign Agricultural Services, $662,000.

                          Farm Service Agency


                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Farm Service Agency, 
     $1,253,777,000: Provided, That the Secretary is authorized to 
     use the services, facilities, and authorities (but not the 
     funds) of the Commodity Credit Corporation to make program 
     payments for all programs administered by the Agency: 
     Provided further, That other funds made available to the 
     Agency for authorized activities may be advanced to and 
     merged with this account.

                          ____________________





      Part B Amendment No. 6 Offered by Mr. Garrett of New Jersey

  Mr. GARRETT of New Jersey. Mr. Chairman, I have an amendment at the 
desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 6 offered by Mr. Garrett of New 
     Jersey:
       Page 23, line 5, insert after the dollar amount the 
     following: ``(reduced by $5,000,000)''.
       Page 29, line 7, insert after the dollar amount the 
     following: ``(increased by $5,000,000)''.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from New 
Jersey (Mr. Garrett) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. GARRETT of New Jersey. Mr. Chairman, my amendment would add $5 
million to the Natural Resources Conservation Service's Conservation 
Operations Account and subtract $5 million from the Farm Service Agency 
salaries.
  More than 80 percent of the funds under the NRCS Conservation 
Operations Account provide technical support to help farmers and other 
landowners conserve and protect their land and resources. Currently, 
there is a significant backlog of requests for conservation assistance, 
and many farmers are turned away by the USDA when they apply to 
participate in conservation programs due to insufficient funding.
  New Jersey, my home State, is one of the most densely populated 
States in the country, and more and more scarce land disappears every 
day. Our farmers are eager to share in the cost of protecting our 
environment, and we must ensure that they have the knowledge and the 
ability to do so in the appropriate manner.
  So I would like to commend the chairwoman and the ranking member for 
their work in attempting to address this important issue. And while I 
do support very strongly the Farm Service Agency, their salaries and 
their expense account, under this bill it is slated for a $92 million 
increase, and with so many of our Nation's farmers struggling to 
conserve their land and with development rapidly eating up our 
cherished resources, I believe this is a priority.
  I will close with this: More than 19 years ago, when I first ran for 
public office in my State, I believed we were not doing enough to 
preserve our open space and our farmlands. I believe that this 
amendment continues to move us now in the right way and towards that 
goal. I ask all of my colleagues to support this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, though I plan to support the amendment, I 
ask unanimous consent to claim the time in opposition.
  The CHAIR. Without objection, the gentlewoman from Connecticut is 
recognized for 5 minutes.
  There was no objection.
  Ms. DeLAURO. This amendment increases the funding for the Natural 
Resources Conservation Service Account by $5 million by decreasing the 
Farm Service Agency salaries and expenses.
  While I am very supportive of the efforts of this amendment with 
regard to technical support and of easing the backlog, I must say that 
I do not think it is a good offset, but we did not write the language, 
and we will fix the offset in conference.
  With that, I urge the adoption of the amendment and ask for a ``yes'' 
vote on this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. GARRETT of New Jersey. I appreciate that. I just have a question 
while we're on the floor, just for my edification. Are there other 
areas that you would suggest now where the offset should come from?
  Ms. DeLAURO. Well, what I would like to do is to see what the best 
opportunities are, but I have indicated my support for the amendment.
  Mr. GARRETT of New Jersey. I understand. This is just for my 
edification.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from New Jersey (Mr. Garrett).
  The amendment was agreed to.
  The CHAIR. The Clerk will read.
  The Clerk read as follows:


                         state mediation grants

       For grants pursuant to section 502(b) of the Agricultural 
     Credit Act of 1987, as amended (7 U.S.C. 5101-5106), 
     $4,000,000.


               grassroots source water protection program

        For necessary expenses to carry out wellhead or 
     groundwater protection activities under section 1240O of the 
     Food Security Act of 1985 (16 U.S.C. 3839bb-2), $5,000,000, 
     to remain available until expended.


                        dairy indemnity program

                     (including transfer of funds)

       For necessary expenses involved in making indemnity 
     payments to dairy farmers and manufacturers of dairy products 
     under a dairy indemnity program, such sums as may be 
     necessary, to remain available until expended: Provided, That 
     such program is carried out by the Secretary in the same 
     manner as the dairy indemnity program described in the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-387, 114 Stat. 1549A-12).


           agricultural credit insurance fund program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and 
     operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land

[[Page 17119]]

     acquisition loans (25 U.S.C. 488), boll weevil loans (7 
     U.S.C. 1989), direct and guaranteed conservation loans (7 
     U.S.C. 1924 et seq.), and Indian highly fractionated land 
     loans (25 U.S.C. 488), to be available from funds in the 
     Agricultural Credit Insurance Fund, as follows: farm 
     ownership loans, $1,892,990,000, of which $1,500,000,000 
     shall be for unsubsidized guaranteed loans and $392,990,000 
     shall be for direct loans; operating loans, $1,994,467,000, 
     of which $1,150,000,000 shall be for unsubsidized guaranteed 
     loans, $144,467,000 shall be for subsidized guaranteed loans 
     and $700,000,000 shall be for direct loans; Indian tribe land 
     acquisition loans, $3,940,000; conservation loans, 
     $150,000,000, of which $75,000,000 shall be for guaranteed 
     loans and $75,000,000 shall be for direct loans; Indian 
     highly fractionated land loans, $10,000,000; and for boll 
     weevil eradication program loans, $100,000,000: Provided, 
     That the Secretary shall deem the pink bollworm to be a boll 
     weevil for the purpose of boll weevil eradication program 
     loans.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: farm ownership 
     loans, $21,584,000, of which $5,550,000 shall be for 
     unsubsidized guaranteed loans, and $16,034,000 shall be for 
     direct loans; operating loans, $80,402,000, of which 
     $26,910,000 shall be for unsubsidized guaranteed loans, 
     $20,312,000 shall be for subsidized guaranteed loans, and 
     $33,180,000 shall be for direct loans; conservation loans, 
     $1,343,000, of which $278,000 shall be for guaranteed loans, 
     and $1,065,000 shall be for direct loans; and Indian highly 
     fractionated land loans, $793,000.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $326,093,000, of 
     which $318,173,000 shall be transferred to and merged with 
     the appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.
       Funds appropriated by this Act to the Agricultural Credit 
     Insurance Program Account for farm ownership, operating and 
     conservation direct loans and guaranteed loans may be 
     transferred among these programs: Provided, That the 
     Committees on Appropriations of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.

                         Risk Management Agency

       For necessary expenses of the Risk Management Agency, 
     $80,325,000: Provided, That the funds made available under 
     section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 
     1522(e)) may be used for the Common Information Management 
     System: Provided further, That not to exceed $1,000 shall be 
     available for official reception and representation expenses, 
     as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

       The following corporations and agencies are hereby 
     authorized to make expenditures, within the limits of funds 
     and borrowing authority available to each such corporation or 
     agency and in accord with law, and to make contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act as may be necessary in carrying out the programs set 
     forth in the budget for the current fiscal year for such 
     corporation or agency, except as hereinafter provided.

                Federal Crop Insurance Corporation Fund

       For payments as authorized by section 516 of the Federal 
     Crop Insurance Act (7 U.S.C. 1516), such sums as may be 
     necessary, to remain available until expended.

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses


                     (including transfers of funds)

       For the current fiscal year, such sums as may be necessary 
     to reimburse the Commodity Credit Corporation for net 
     realized losses sustained, but not previously reimbursed, 
     pursuant to section 2 of the Act of August 17, 1961 (15 
     U.S.C. 713a-11): Provided, That of the funds available to the 
     Commodity Credit Corporation under section 11 of the 
     Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for 
     the conduct of its business with the Foreign Agricultural 
     Service, up to $5,000,000 may be transferred to and used by 
     the Foreign Agricultural Service for information resource 
     management activities of the Foreign Agricultural Service 
     that are not related to Commodity Credit Corporation 
     business.


                       hazardous waste management

                        (limitation on expenses)

       For the current fiscal year, the Commodity Credit 
     Corporation shall not expend more than $5,000,000 for site 
     investigation and cleanup expenses, and operations and 
     maintenance expenses to comply with the requirement of 
     section 107(g) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
     section 6001 of the Resource Conservation and Recovery Act 
     (42 U.S.C. 6961).

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

       For necessary expenses of the Office of the Under Secretary 
     for Natural Resources and Environment, $774,000.

                 Natural Resources Conservation Service


                        conservation operations

       For necessary expenses for carrying out the provisions of 
     the Act of April 27, 1935 (16 U.S.C. 590a-f), including 
     preparation of conservation plans and establishment of 
     measures to conserve soil and water (including farm 
     irrigation and land drainage and such special measures for 
     soil and water management as may be necessary to prevent 
     floods and the siltation of reservoirs and to control 
     agricultural related pollutants); operation of conservation 
     plant materials centers; classification and mapping of soil; 
     dissemination of information; acquisition of lands, water, 
     and interests therein for use in the plant materials program 
     by donation, exchange, or purchase at a nominal cost not to 
     exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
     428a); purchase and erection or alteration or improvement of 
     permanent and temporary buildings; and operation and 
     maintenance of aircraft, $869,397,000, to remain available 
     until September 30, 2011: Provided, That appropriations 
     hereunder shall be available pursuant to 7 U.S.C. 2250 for 
     construction and improvement of buildings and public 
     improvements at plant materials centers, except that the cost 
     of alterations and improvements to other buildings and other 
     public improvements shall not exceed $250,000: Provided 
     further, That when buildings or other structures are erected 
     on non-Federal land, that the right to use such land is 
     obtained as provided in 7 U.S.C. 2250a.


               watershed and flood prevention operations

       For necessary expenses to carry out preventive measures, 
     including but not limited to research, engineering 
     operations, methods of cultivation, the growing of 
     vegetation, rehabilitation of existing works and changes in 
     use of land, in accordance with the Watershed Protection and 
     Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the 
     provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), 
     and in accordance with the provisions of laws relating to the 
     activities of the Department, $20,000,000, to remain 
     available until expended: Provided, That not to exceed 
     $12,000,000 of this appropriation shall be available for 
     technical assistance.


                    watershed rehabilitation program

       For necessary expenses to carry out rehabilitation of 
     structural measures, in accordance with section 14 of the 
     Watershed Protection and Flood Prevention Act (16 U.S.C. 
     1012), and in accordance with the provisions of laws relating 
     to the activities of the Department, $40,161,000, to remain 
     available until expended.


                 resource conservation and development

       For necessary expenses in planning and carrying out 
     projects for resource conservation and development and for 
     sound land use pursuant to the provisions of sections 31 and 
     32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 
     76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); 
     and subtitle H of title XV of the Agriculture and Food Act of 
     1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That not 
     to exceed $3,073,000 shall be available for national 
     headquarters activities.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       For necessary expenses of the Office of the Under Secretary 
     for Rural Development, $660,000.

                Rural Development Salaries and Expenses


                     (including transfers of funds)

       For necessary expenses for carrying out the administration 
     and implementation of programs in the Rural Development 
     mission area, including activities with institutions 
     concerning the development and operation of agricultural 
     cooperatives; and for cooperative agreements; $195,987,000: 
     Provided, That notwithstanding any other provision of law, 
     funds appropriated under this section may be used for 
     advertising and promotional activities that support the Rural 
     Development mission area: Provided further, That not more 
     than $10,000 may be expended to provide modest nonmonetary 
     awards to non-USDA employees: Provided further, That any 
     balances available from prior years for the Rural Utilities 
     Service, Rural Housing Service, and the Rural Business-
     Cooperative Service salaries and expenses accounts shall be 
     transferred to and merged with this appropriation.

                         Rural Housing Service


              rural housing insurance fund program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by title V of the Housing 
     Act of 1949, to be available from funds in the rural housing 
     insurance fund, as follows: $7,325,932,000 for loans to 
     section 502 borrowers, of which $1,121,488,000 shall be for 
     direct loans, and of which $6,204,444,000 shall be for 
     unsubsidized guaranteed loans; $34,412,000 for section 504 
     housing repair loans; $80,000,000 for section 515 rental 
     housing; $129,090,000 for section 538 guaranteed multi-family 
     housing loans; $5,045,000 for section 524 site loans; 
     $11,448,000 for credit sales of

[[Page 17120]]

     acquired property, of which up to $1,448,000 may be for 
     multi-family credit sales; and $4,970,000 for section 523 
     self-help housing land development loans.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: section 502 
     loans, $130,334,000, of which $40,710,000 shall be for direct 
     loans, and of which $89,624,000, to remain available until 
     expended, shall be for unsubsidized guaranteed loans; section 
     504 housing repair loans, $4,422,000; repair, rehabilitation, 
     and new construction of section 515 rental housing, 
     $21,792,000; section 538 multi-family housing guaranteed 
     loans, $1,485,000; and credit sales of acquired property, 
     $556,000: Provided, That of the total amount appropriated in 
     this paragraph, $2,500,000 shall be available through June 
     30, 2010, for authorized empowerment zones and enterprise 
     communities and communities designated by the Secretary of 
     Agriculture as Rural Economic Area Partnership Zones: 
     Provided further, That section 538 multi-family housing 
     guaranteed loans funded pursuant to this paragraph shall not 
     be subject to a guarantee fee and the interest on such loans 
     may not be subsidized: Provided further, That any balances 
     for a demonstration program for the preservation and 
     revitalization of the section 515 multi-family rental housing 
     properties as authorized by Public Law 109-97 and Public Law 
     110-5 shall be transferred to and merged with the ``Rural 
     Housing Service, Multi-family Housing Revitalization Program 
     Account''.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $468,593,000 
     shall be transferred to and merged with the appropriation for 
     ``Rural Development, Salaries and Expenses''.


                       rental assistance program

       For rental assistance agreements entered into or renewed 
     pursuant to the authority under section 521(a)(2) or 
     agreements entered into in lieu of debt forgiveness or 
     payments for eligible households as authorized by section 
     502(c)(5)(D) of the Housing Act of 1949, $980,000,000; and, 
     in addition, such sums as may be necessary, as authorized by 
     section 521(c) of the Act, to liquidate debt incurred prior 
     to fiscal year 1992 to carry out the rental assistance 
     program under section 521(a)(2) of the Act: Provided, That of 
     this amount, up to $5,958,000 shall be available for debt 
     forgiveness or payments for eligible households as authorized 
     by section 502(c)(5)(D) of the Act, and not to exceed $50,000 
     per project for advances to nonprofit organizations or public 
     agencies to cover direct costs (other than purchase price) 
     incurred in purchasing projects pursuant to section 
     502(c)(5)(C) of the Act: Provided further, That of this 
     amount not less than $2,030,000 is available for newly 
     constructed units financed by section 515 of the Housing Act 
     of 1949, and not less than $3,400,000 is for newly 
     constructed units financed under sections 514 and 516 of the 
     Housing Act of 1949: Provided further, That rental assistance 
     agreements entered into or renewed during the current fiscal 
     year shall be funded for a one-year period: Provided further, 
     That any unexpended balances remaining at the end of such 
     one-year agreements may be transferred and used for the 
     purposes of any debt reduction; maintenance, repair, or 
     rehabilitation of any existing projects; preservation; and 
     rental assistance activities authorized under title V of the 
     Act: Provided further, That rental assistance provided under 
     agreements entered into prior to fiscal year 2010 for a farm 
     labor multi-family housing project financed under section 514 
     or 516 of the Act may not be recaptured for use in another 
     project until such assistance has remained unused for a 
     period of 12 consecutive months, if such project has a 
     waiting list of tenants seeking such assistance or the 
     project has rental assistance eligible tenants who are not 
     receiving such assistance: Provided further, That such 
     recaptured rental assistance shall, to the extent 
     practicable, be applied to another farm labor multi-family 
     housing project financed under section 514 or 516 of the Act.


          multi-family housing revitalization program account

       For the rural housing voucher program as authorized under 
     section 542 of the Housing Act of 1949, but notwithstanding 
     subsection (b) of such section, for the cost to conduct a 
     housing demonstration program to provide revolving loans for 
     the preservation of low-income multi-family housing projects, 
     and for additional costs to conduct a demonstration program 
     for the preservation and revitalization of multi-family 
     rental housing properties described in this paragraph, 
     $31,756,000, to remain available until expended: Provided, 
     That of the funds made available under this heading, 
     $4,965,000 shall be available for rural housing vouchers to 
     any low-income household (including those not receiving 
     rental assistance) residing in a property financed with a 
     section 515 loan which has been prepaid after September 30, 
     2005: Provided further, That the amount of such voucher shall 
     be the difference between comparable market rent for the 
     section 515 unit and the tenant paid rent for such unit: 
     Provided further, That funds made available for such vouchers 
     shall be subject to the availability of annual 
     appropriations: Provided further, That the Secretary shall, 
     to the maximum extent practicable, administer such vouchers 
     with current regulations and administrative guidance 
     applicable to section 8 housing vouchers administered by the 
     Secretary of the Department of Housing and Urban Development: 
     Provided further, That if the Secretary determines that the 
     amount made available for vouchers in this or any other Act 
     is not needed for vouchers, the Secretary may use such funds 
     for the demonstration programs for the preservation and 
     revitalization of multi-family rental housing properties 
     described in this paragraph: Provided further, That of the 
     funds made available under this heading, $1,791,000 shall be 
     available for the cost of loans to private nonprofit 
     organizations, or such nonprofit organizations' affiliate 
     loan funds and State and local housing finance agencies, to 
     carry out a housing demonstration program to provide 
     revolving loans for the preservation of low-income multi-
     family housing projects: Provided further, That loans under 
     such demonstration program shall have an interest rate of not 
     more than 1 percent direct loan to the recipient: Provided 
     further, That the Secretary may defer the interest and 
     principal payment to the Rural Housing Service for up to 3 
     years and the term of such loans shall not exceed 30 years: 
     Provided further, That of the funds made available under this 
     heading, $25,000,000 shall be available for a demonstration 
     program for the preservation and revitalization of the 
     section 514, 515, and 516 multi-family rental housing 
     properties to restructure existing USDA multi-family housing 
     loans, as the Secretary deems appropriate, expressly for the 
     purposes of ensuring the project has sufficient resources to 
     preserve the project for the purpose of providing safe and 
     affordable housing for low-income residents and farm laborers 
     including reducing or eliminating interest; deferring loan 
     payments, subordinating, reducing or reamortizing loan debt; 
     and other financial assistance including advances, payments 
     and incentives (including the ability of owners to obtain 
     reasonable returns on investment) required by the Secretary: 
     Provided further, That the Secretary shall as part of the 
     preservation and revitalization agreement obtain a 
     restrictive use agreement consistent with the terms of the 
     restructuring: Provided further, That if the Secretary 
     determines that additional funds for vouchers described in 
     this paragraph are needed, funds for the preservation and 
     revitalization demonstration program may be used for such 
     vouchers: Provided further, That if Congress enacts 
     legislation to permanently authorize a section 515 multi-
     family rental housing loan restructuring program similar to 
     the demonstration program described herein, the Secretary may 
     use funds made available for the demonstration program under 
     this heading to carry out such legislation with the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress.


                  mutual and self-help housing grants

       For grants and contracts pursuant to section 523(b)(1)(A) 
     of the Housing Act of 1949 (42 U.S.C. 1490c), $45,000,000, to 
     remain available until expended: Provided, That of the total 
     amount appropriated, $1,000,000 shall be available through 
     June 30, 2010, for authorized empowerment zones and 
     enterprise communities and communities designated by the 
     Secretary of Agriculture as Rural Economic Area Partnership 
     Zones.


                    rural housing assistance grants

                     (including transfer of funds)

       For grants and contracts for very low-income housing 
     repair, supervisory and technical assistance, compensation 
     for construction defects, and rural housing preservation made 
     by the Rural Housing Service, as authorized by 42 U.S.C. 
     1474, 1479(c), 1490e, and 1490m, $45,500,000, to remain 
     available until expended, of which $4,000,000 shall be for 
     grants authorized by section 14204 of the Food, Conservation, 
     and Energy Act of 2008: Provided, That of the total amount 
     appropriated, $1,200,000 shall be available through June 30, 
     2010, for authorized empowerment zones and enterprise 
     communities and communities designated by the Secretary of 
     Agriculture as Rural Economic Area Partnership Zones: 
     Provided further, That any balances to carry out a housing 
     demonstration program to provide revolving loans for the 
     preservation of low-income multi-family housing projects as 
     authorized in Public Law 108-447 and Public Law 109-97 shall 
     be transferred to and merged with the ``Rural Housing 
     Service, Multi-family Housing Revitalization Program 
     Account''.


                       farm labor program account

       For the cost of direct loans, grants, and contracts, as 
     authorized by 42 U.S.C. 1484 and 1486, $22,523,000, to remain 
     available until expended, for direct farm labor housing loans 
     and domestic farm labor housing grants and contracts.

               Rural Community Facilities Program Account


                     (including transfers of funds)

       For the cost of direct loans, loan guarantees, and grants 
     for rural community facilities programs as authorized by 
     section 306 and described in section 381E(d)(1) of the 
     Consolidated Farm and Rural Development Act, $51,091,000, to 
     remain available until expended: Provided, That $6,256,000 of 
     the amount appropriated under this heading

[[Page 17121]]

     shall be available for a Rural Community Development 
     Initiative: Provided further, That such funds shall be used 
     solely to develop the capacity and ability of private, 
     nonprofit community-based housing and community development 
     organizations, low-income rural communities, and Federally 
     Recognized Native American Tribes to undertake projects to 
     improve housing, community facilities, community and economic 
     development projects in rural areas: Provided further, That 
     such funds shall be made available to qualified private, 
     nonprofit and public intermediary organizations proposing to 
     carry out a program of financial and technical assistance: 
     Provided further, That such intermediary organizations shall 
     provide matching funds from other sources, including Federal 
     funds for related activities, in an amount not less than 
     funds provided: Provided further, That $10,000,000 of the 
     amount appropriated under this heading shall be to provide 
     grants for facilities in rural communities with extreme 
     unemployment and severe economic depression (Public Law 106-
     387), with up to 5 percent for administration and capacity 
     building in the State rural development offices: Provided 
     further, That $3,972,000 of the amount appropriated under 
     this heading shall be available for community facilities 
     grants to tribal colleges, as authorized by section 
     306(a)(19) of such Act: Provided further, That not to exceed 
     $1,000,000 of the amount appropriated under this heading 
     shall be available through June 30, 2010, for authorized 
     empowerment zones and enterprise communities and communities 
     designated by the Secretary of Agriculture as Rural Economic 
     Area Partnership Zones for the rural community programs 
     described in section 381E(d)(1) of the Consolidated Farm and 
     Rural Development Act: Provided further, That sections 381E-H 
     and 381N of the Consolidated Farm and Rural Development Act 
     are not applicable to the funds made available under this 
     heading: Provided further, That any prior balances in the 
     Rural Development, Rural Community Advancement Program 
     account for programs authorized by section 306 and described 
     in section 381E(d)(1) of such Act be transferred and merged 
     with this account and any other prior balances from the Rural 
     Development, Rural Community Advancement Program account that 
     the Secretary determines is appropriate to transfer.

                  Rural Business--Cooperative Service


                     rural business program account

                     (including transfers of funds)

       For the cost of loan guarantees and grants, for the rural 
     business development programs authorized by sections 306 and 
     310B and described in sections 310B(f) and 381E(d)(3) of the 
     Consolidated Farm and Rural Development Act, $97,116,000, to 
     remain available until expended: Provided, That of the amount 
     appropriated under this heading, not to exceed $500,000 shall 
     be made available for a grant to a qualified national 
     organization to provide technical assistance for rural 
     transportation in order to promote economic development and 
     $2,979,000 shall be for grants to the Delta Regional 
     Authority (7 U.S.C. 1921 et seq.) for any Rural Community 
     Advancement Program purpose as described in section 381E(d) 
     of the Consolidated Farm and Rural Development Act, of which 
     not more than 5 percent may be used for administrative 
     expenses: Provided further, That $4,000,000 of the amount 
     appropriated under this heading shall be for business grants 
     to benefit Federally Recognized Native American Tribes, 
     including $250,000 for a grant to a qualified national 
     organization to provide technical assistance for rural 
     transportation in order to promote economic development: 
     Provided further, That not to exceed $8,300,000 of the amount 
     appropriated under this heading shall be available through 
     June 30, 2010, for authorized empowerment zones and 
     enterprise communities and communities designated by the 
     Secretary of Agriculture as Rural Economic Area Partnership 
     Zones for the rural business and cooperative development 
     programs described in section 381E(d)(3) of the Consolidated 
     Farm and Rural Development Act: Provided further, That 
     sections 381E-H and 381N of the Consolidated Farm and Rural 
     Development Act are not applicable to funds made available 
     under this heading: Provided further, That any prior balances 
     in the Rural Development, Rural Community Advancement Program 
     account for programs authorized by sections 306 and 310B and 
     described in sections 310B(f) and 381E(d)(3) of such Act be 
     transferred and merged with this account and any other prior 
     balances from the Rural Development, Rural Community 
     Advancement Program account that the Secretary determines is 
     appropriate to transfer.


              rural development loan fund program account

                     (including transfer of funds)

       For the principal amount of direct loans, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)), 
     $33,536,000.
       For the cost of direct loans, $8,464,000, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 
     $1,035,000 shall be available through June 30, 2010, for 
     Federally Recognized Native American Tribes and of which 
     $2,070,000 shall be available through June 30, 2010, for 
     Mississippi Delta Region counties (as determined in 
     accordance with Public Law 100-460): Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That of the total amount 
     appropriated, $880,000 shall be available through June 30, 
     2010, for the cost of direct loans for authorized empowerment 
     zones and enterprise communities and communities designated 
     by the Secretary of Agriculture as Rural Economic Area 
     Partnership Zones.
       In addition, for administrative expenses to carry out the 
     direct loan programs, $4,941,000 shall be transferred to and 
     merged with the appropriation for ``Rural Development, 
     Salaries and Expenses''.

            Rural Economic Development Loans Program Account


                    (including rescission of funds)

       For the principal amount of direct loans, as authorized 
     under section 313 of the Rural Electrification Act, for the 
     purpose of promoting rural economic development and job 
     creation projects, $33,077,000.
       Of the funds derived from interest on the cushion of credit 
     payments, as authorized by section 313 of the Rural 
     Electrification Act of 1936, $43,000,000 shall not be 
     obligated and $43,000,000 are rescinded.


                  rural cooperative development grants

       For rural cooperative development grants authorized under 
     section 310B(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932), $30,636,000, of which 
     $300,000 shall be for a cooperative research agreement with a 
     qualified academic institution to conduct research on the 
     national economic impact of all types of cooperatives; and of 
     which $2,582,000 shall be for cooperative agreements for the 
     appropriate technology transfer for rural areas program: 
     Provided, That not to exceed $3,463,000 shall be for 
     cooperatives or associations of cooperatives whose primary 
     focus is to provide assistance to small, socially 
     disadvantaged producers and whose governing board and/or 
     membership is comprised of at least 75 percent socially 
     disadvantaged members; and of which $18,867,000, to remain 
     available until expended, shall be for value-added 
     agricultural product market development grants, as authorized 
     by section 231 of the Agricultural Risk Protection Act of 
     2000 (7 U.S.C. 1621 note).


                    rural energy for america program

       For the cost of a program of loan guarantees and grants, 
     under the same terms and conditions as authorized by section 
     9007 of the Farm Security and Rural Investment Act of 2002 (7 
     U.S.C. 8107), $20,000,000: Provided, That the cost of loan 
     guarantees, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974.

                        Rural Utilities Service


             rural water and waste disposal program account

                     (including transfers of funds)

       For the cost of direct loans, loan guarantees, and grants 
     for the rural water, waste water, waste disposal, and solid 
     waste management programs authorized by sections 306, 306A, 
     306C, 306D, and 310B and described in sections 306C(a)(2), 
     306D, and 381E(d)(2) of the Consolidated Farm and Rural 
     Development Act, $546,230,000, to remain available until 
     expended, of which not to exceed $497,000 shall be available 
     for the rural utilities program described in section 
     306(a)(2)(B) of such Act, and of which not to exceed $993,000 
     shall be available for the rural utilities program described 
     in section 306E of such Act: Provided, That $41,085,000 of 
     the amount appropriated under this heading shall be for loans 
     and grants including water and waste disposal systems grants 
     authorized by 306C(a)(2)(B) of the Consolidated Farm and 
     Rural Development Act and for Federally recognized Native 
     American Tribes authorized by 306C(a)(1): Provided further, 
     That not to exceed $19,500,000 of the amount appropriated 
     under this heading shall be for technical assistance grants 
     for rural water and waste systems pursuant to section 
     306(a)(14) of such Act, unless the Secretary makes a 
     determination of extreme need, of which $6,000,000 shall be 
     made available for a grant to a qualified nonprofit multi-
     state regional technical assistance organization, with 
     experience in working with small communities on water and 
     waste water problems, the principal purpose of such grant 
     shall be to assist rural communities with populations of 
     3,300 or less, in improving the planning, financing, 
     development, operation, and management of water and waste 
     water systems, and of which not less than $800,000 shall be 
     for a qualified national Native American organization to 
     provide technical assistance for rural water systems for 
     tribal communities: Provided further, That not to exceed 
     $15,000,000 of the amount appropriated under this heading 
     shall be for contracting with qualified national 
     organizations for a circuit rider program to provide 
     technical assistance for rural water systems: Provided 
     further, That not to exceed $12,700,000 of the amount 
     appropriated under this heading shall be available through 
     June 30, 2010, for authorized empowerment zones and 
     enterprise communities and communities designated by the 
     Secretary of Agriculture as

[[Page 17122]]

     Rural Economic Area Partnership Zones for the rural utilities 
     programs described in section 381E(d)(2) of such Act: 
     Provided further, That sections 381E-H and 381N of the 
     Consolidated Farm and Rural Development Act are not 
     applicable to the funds made available under this heading: 
     Provided further, That any prior balances in the Rural 
     Development, Rural Community Advancement Program account 
     programs authorized by sections 306, 306A, 306C, 306D, and 
     310B and described in sections 306C(a)(2), 306D, and 
     381E(d)(2) of such Act be transferred to and merged with this 
     account and any other prior balances from the Rural 
     Development, Rural Community Advancement Program account that 
     the Secretary determines is appropriate to transfer.


   rural electrification and telecommunications loans program account

                     (including transfer of funds)

       The principal amount of direct and guaranteed loans as 
     authorized by section 305 of the Rural Electrification Act of 
     1936 (7 U.S.C. 935) shall be made as follows: 5 percent rural 
     electrification loans, $100,000,000; loans made pursuant to 
     section 306 of that Act, rural electric, $6,500,000,000; 5 
     percent rural telecommunications loans, $145,000,000; cost of 
     money rural telecommunications loans, $250,000,000; and for 
     loans made pursuant to section 306 of that Act, rural 
     telecommunications loans, $295,000,000.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $39,959,000, 
     which shall be transferred to and merged with the 
     appropriation for ``Rural Development, Salaries and 
     Expenses''.


         distance learning, telemedicine, and broadband program

       For the principal amount of broadband telecommunication 
     loans, $400,000,000.
       For grants for telemedicine and distance learning services 
     in rural areas, as authorized by 7 U.S.C. 950aaa et seq., 
     $34,755,000, to remain available until expended: Provided, 
     That the Secretary may use funds under this heading for 
     grants authorized by 379(g) of the Consolidated Farm and 
     Rural Development Act.
       For the cost of broadband loans, as authorized by section 
     601 of the Rural Electrification Act, $28,960,000, to remain 
     available until expended: Provided, That the cost of direct 
     loans shall be as defined in section 502 of the Congressional 
     Budget Act of 1974.
       In addition, $17,976,000, to remain available until 
     expended, for a grant program to finance broadband 
     transmission in rural areas eligible for Distance Learning 
     and Telemedicine Program benefits authorized by 7 U.S.C. 
     950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

       For necessary expenses of the Office of the Under Secretary 
     for Food, Nutrition and Consumer Services, $623,000.

                       Food and Nutrition Service


                        child nutrition programs

                     (including transfers of funds)

       In lieu of the amounts made available in section 14222(b) 
     of the Food, Conservation, and Energy Act of 2008, for 
     necessary expenses to carry out the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.), except 
     section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 
     1771 et seq.), except sections 17 and 21; $16,799,584,000, to 
     remain available through September 30, 2011, of which 
     $10,051,707,000 is hereby appropriated and $6,747,877,000 
     shall be derived by transfer from funds available under 
     section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): 
     Provided, That of the total amount available, $5,000,000 
     shall be available to be awarded as competitive grants to 
     implement section 4405 of the Food, Conservation, and Energy 
     Act of 2008 (Public Law No. 110-246).


special supplemental nutrition program for women, infants, and children 
                                 (wic)

       For necessary expenses to carry out the special 
     supplemental nutrition program as authorized by section 17 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
     $7,541,000,000, to remain available through September 30, 
     2011: Provided, That, notwithstanding section 17(h)(10)(A) of 
     such Act, only the provisions of section 17(h)(10)(B)(i), 
     section 17(h)(10)(B)(ii), and section 17(h)(10)(B)(iii) shall 
     be effective in 2010: Provided further, That none of the 
     funds provided in this account shall be available for the 
     purchase of infant formula except in accordance with the cost 
     containment and competitive bidding requirements specified in 
     section 17 of such Act: Provided further, That none of the 
     funds provided shall be available for activities that are not 
     fully reimbursed by other Federal Government departments or 
     agencies unless authorized by section 17 of such Act.


               supplemental nutrition assistance program

       For necessary expenses to carry out the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.), $61,351,846,000, of 
     which $3,000,000,000, to remain available through September 
     30, 2011, shall be placed in reserve for use only in such 
     amounts and at such times as may become necessary to carry 
     out program operations: Provided, That funds provided herein 
     shall be expended in accordance with section 16 of the Food 
     and Nutrition Act of 2008: Provided further, That this 
     appropriation shall be subject to any work registration or 
     workfare requirements as may be required by law: Provided 
     further, That funds made available for Employment and 
     Training under this heading shall remain available until 
     expended, as authorized by section 16(h)(1) of the Food and 
     Nutrition Act of 2008: Provided further, That funds made 
     available under this heading may be used to enter into 
     contracts and employ staff to conduct studies, evaluations, 
     or to conduct activities related to program integrity 
     provided that such activities are authorized by the Food and 
     Nutrition Act of 2008.


                      commodity assistance program

       For necessary expenses to carry out disaster assistance and 
     the Commodity Supplemental Food Program as authorized by 
     section 4(a) of the Agriculture and Consumer Protection Act 
     of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance 
     Act of 1983; special assistance for the nuclear affected 
     islands, as authorized by section 103(f)(2) of the Compact of 
     Free Association Amendments Act of 2003 (Public Law 108-188); 
     and the Farmers' Market Nutrition Program, as authorized by 
     section 17(m) of the Child Nutrition Act of 1966, 
     $255,570,000, to remain available through September 30, 2011, 
     of which $5,000,000 shall be for emergency food program 
     infrastructure grants authorized by section 209 of the 
     Emergency Food Assistance Act of 1983: Provided, That of the 
     amount provided, $5,000,000 is to begin service in six 
     additional states that have plans approved by the Department 
     for the commodity supplemental food program: Provided 
     further, That none of these funds shall be available to 
     reimburse the Commodity Credit Corporation for commodities 
     donated to the program: Provided further, That 
     notwithstanding any other provision of law, effective with 
     funds made available in fiscal year 2010 to support the 
     Seniors Farmers' Market Nutrition Program, as authorized by 
     section 4402 of the Farm Security and Rural Investment Act of 
     2002, such funds shall remain available through September 30, 
     2011: Provided further, That of the funds made available 
     under section 27(a) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2036(a)), the Secretary may use up to 10 percent for 
     costs associated with the distribution of commodities.


                   nutrition programs administration

       For necessary administrative expenses of the Food and 
     Nutrition Service for carrying out any domestic nutrition 
     assistance program, $147,801,000.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Foreign Agricultural Service, 
     including not to exceed $158,000 for representation 
     allowances and for expenses pursuant to section 8 of the Act 
     approved August 3, 1956 (7 U.S.C. 1766), $177,136,000: 
     Provided, That the Service may utilize advances of funds, or 
     reimburse this appropriation for expenditures made on behalf 
     of Federal agencies, public and private organizations and 
     institutions under agreements executed pursuant to the 
     agricultural food production assistance programs (7 U.S.C. 
     1737) and the foreign assistance programs of the United 
     States Agency for International Development: Provided 
     further, That funds made available for the cost of agreements 
     under title I of the Agricultural Trade Development and 
     Assistance Act of 1954 and for title I ocean freight 
     differential may be used interchangeably between the two 
     accounts with prior notice to the Committees on 
     Appropriations of both Houses of Congress.


  Public Law 480 Title I Direct Credit and Food for Progress Program 
                                Account

                     (including transfers of funds)

       For administrative expenses to carry out the credit program 
     of title I, Public Law 83-480 and the Food for Progress Act 
     of 1985, $2,812,000, to be transferred to and merged with the 
     appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.


                     Public Law 480 Title II Grants

       For expenses during the current fiscal year, not otherwise 
     recoverable, and unrecovered prior years' costs, including 
     interest thereon, under the Food for Peace Act (Public Law 
     83-480, as amended), for commodities supplied in connection 
     with dispositions abroad under title II of said Act, 
     $1,690,000,000, to remain available until expended.


       commodity credit corporation export loans program account

                     (including transfers of funds)

       For administrative expenses to carry out the Commodity 
     Credit Corporation's export guarantee program, GSM 102 and 
     GSM 103, $6,820,000; to cover common overhead expenses as 
     permitted by section 11 of the Commodity Credit Corporation 
     Charter Act and in conformity with the Federal Credit Reform 
     Act of 1990, of which $6,465,000 shall be

[[Page 17123]]

     transferred to and merged with the appropriation for 
     ``Foreign Agricultural Service, Salaries and Expenses'', and 
     of which $355,000 shall be transferred to and merged with the 
     appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.


  Mcgovern-Dole International Food for Education and Child Nutrition 
                             Program Grants

       For necessary expenses to carry out the provisions of 
     section 3107 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 1736o-1), $199,500,000, to remain available 
     until expended: Provided, That the Commodity Credit 
     Corporation is authorized to provide the services, 
     facilities, and authorities for the purpose of implementing 
     such section, subject to reimbursement from amounts provided 
     herein.

  Ms. DeLAURO (during the reading). Mr. Chairman, I ask unanimous 
consent that the remainder of the bill through page 56, line 14, be 
considered as read.
  The CHAIR. Is there objection to the request of the gentlewoman from 
Connecticut?
  There was no objection.
  The CHAIR. The Clerk will read.
  The Clerk read as follows:

                                TITLE VI

            RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Food and Drug Administration, 
     including hire and purchase of passenger motor vehicles; for 
     payment of space rental and related costs pursuant to Public 
     Law 92-313 for programs and activities of the Food and Drug 
     Administration which are included in this Act; for rental of 
     special purpose space in the District of Columbia or 
     elsewhere; for miscellaneous and emergency expenses of 
     enforcement activities, authorized and approved by the 
     Secretary and to be accounted for solely on the Secretary's 
     certificate, not to exceed $25,000; and notwithstanding 
     section 521 of Public Law 107-188; $2,995,218,000: Provided, 
     That of the amount provided under this heading, $578,162,000 
     shall be derived from prescription drug user fees authorized 
     by 21 U.S.C. 379h shall be credited to this account and 
     remain available until expended, and shall not include any 
     fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for 
     fiscal year 2011 but collected in fiscal year 2010; 
     $57,014,000 shall be derived from medical device user fees 
     authorized by 21 U.S.C. 379j, and shall be credited to this 
     account and remain available until expended; $17,280,000 
     shall be derived from animal drug user fees authorized by 21 
     U.S.C. 379j, and shall be credited to this account and remain 
     available until expended; and $5,106,000 shall be derived 
     from animal generic drug user fees authorized by 21 U.S.C. 
     379f, and shall be credited to this account and shall remain 
     available until expended: Provided further, That fees derived 
     from prescription drug, medical device, animal drug, and 
     animal generic drug assessments for fiscal year 2010 received 
     during fiscal year 2010, including any such fees assessed 
     prior to fiscal year 2010 but credited for fiscal year 2010, 
     shall be subject to the fiscal year 2010 limitations: 
     Provided further, That none of these funds shall be used to 
     develop, establish, or operate any program of user fees 
     authorized by 31 U.S.C. 9701: Provided further, That of the 
     total amount appropriated: (1) $782,915,000 shall be for the 
     Center for Food Safety and Applied Nutrition and related 
     field activities in the Office of Regulatory Affairs; (2) 
     $873,104,000 shall be for the Center for Drug Evaluation and 
     Research and related field activities in the Office of 
     Regulatory Affairs; (3) $305,249,000 shall be for the Center 
     for Biologics Evaluation and Research and for related field 
     activities in the Office of Regulatory Affairs; (4) 
     $155,540,000 shall be for the Center for Veterinary Medicine 
     and for related field activities in the Office of Regulatory 
     Affairs; (5) $349,262,000 shall be for the Center for Devices 
     and Radiological Health and for related field activities in 
     the Office of Regulatory Affairs; (6) $58,745,000 shall be 
     for the National Center for Toxicological Research; (7) not 
     to exceed $115,882,000 shall be for Rent and Related 
     activities, of which $41,496,000 is for White Oak 
     Consolidation, other than the amounts paid to the General 
     Services Administration for rent; (8) not to exceed 
     $168,728,000 shall be for payments to the General Services 
     Administration for rent; and (9) $185,793,000 shall be for 
     other activities, including the Office of the Commissioner; 
     the Office of Scientific and Medical Programs; the Office of 
     Policy, Planning and Preparedness; the Office of 
     International and Special Programs; the Office of Operations; 
     and central services for these offices: Provided further, 
     That none of the funds made available under this heading 
     shall be used to transfer funds under section 770(n) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): 
     Provided further, That funds may be transferred from one 
     specified activity to another with the prior approval of the 
     Committees on Appropriations of both Houses of Congress.


         part b amendment no. 3 offered by mr. broun of georgia

  Mr. BROUN of Georgia. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 3 offered by Mr. Broun of Georgia:
       Page 57, line 8, insert after the dollar amount the 
     following: ``(reduced by $373,000,000)''.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from 
Georgia (Mr. Broun) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. BROUN of Georgia. Mr. Chairman, I rise today to speak on behalf 
of my amendment to the fiscal year 2010 Agriculture Appropriations 
bill.
  This amendment would simply maintain funding for the Food and Drug 
Administration at the same level as last year. It would save taxpayers 
$373 million. As American families struggle to tighten their fiscal 
belts and spend less, I believe Congress should stop spending so much.
  Tragically, many of my colleagues were not allowed the opportunity to 
bring their amendments up for debate today. Because Democratic leaders 
have changed the traditional process, American families have missed 
over 70 opportunities to reduce wasteful programs and to fix what's 
broken here in Washington, the outrageous spending that we're doing.
  You would think in these difficult times that Congress would be 
willing to restore the people's faith in the way that we spend their 
money. I think most people would like for us to be more frugal. For my 
part, I also tried to offer an amendment to reduce the bill's funding 
level by half of a percent, 0.5 percent, a reduction of just half a 
penny out of every dollar spent, but that amendment was not allowed to 
be offered on the floor today, as well as were many others that I 
offered.
  Other amendments I offered would have saved hundreds of millions of 
taxpayer dollars by eliminating double dipping, maintaining other 
programs at the 2009 levels, and preventing the purchase of new Federal 
lands, but these amendments were not allowed either.
  Mr. Chairman, as the House conducts one of its most important tasks, 
the appropriation of funds, we owe it to the American families and 
people to have an open debate, to allow all ideas to be heard, and to 
work towards real fiscal constraint here in Washington. We can do that 
in a bipartisan manner, but we're not allowed to do so by the 
leadership. In fact, the Democrats should be as outraged as I am that 
their voice is not heard either. Debate is being stifled, and it's not 
right. It's not fair not only to us, but it's not fair to the American 
people.
  We have to stop this outrageous spending that we're doing. I urge my 
colleagues to support my modest and simple amendment.
  Mr. Chairman, I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I claim the time in opposition.
  The CHAIR. The gentlewoman from Connecticut is recognized for 5 
minutes.
  Ms. DeLAURO. I strongly oppose this amendment.
  This amendment would take away the entire increase over 2009 that is 
provided in this bill for the Food and Drug Administration. That 
increase will allow the agency to increase staffing, including staffing 
devoted to inspections and other field activities, make real 
improvements in FDA's work to ensure the safety of foods and medical 
products. For example, in the foods area, FDA will be able to conduct 
1,150 more foreign and domestic food inspections and do 20,000 more 
examinations of imported food products. In the medical products area, 
FDA will conduct 3,300 more examinations of imported drug products and 
4,400 more examinations of imported medical device products.
  The FDA will also be able to update its labs with new equipment, will 
allow

[[Page 17124]]

it to do a faster analysis of examples. This is especially important 
during food-borne illness outbreaks. And we have watched what's 
happened in food-borne illness outbreaks not only in terms of the 
public health, but we have left industry out there to be exposed and to 
be able to lose their share, whether it is leafy greens, whether it's 
tomatoes, whatever it is, if we cannot allow these laboratories to 
function and to find out what's going on.
  The investments reap benefits in the next several years. New 
inspectors hired with funds in this bill are fully trained, bringing 
significantly more domestic and foreign inspections and import field 
exams and other activities by increases in the bill.
  We can do research on Salmonella and E. coli biomarkers, new methods 
of rapid detection of decontamination, improved ability to collect and 
analyze data on food-borne illnesses. And if you can't understand, when 
you listen to a mother who says my child of 2 years old died from E. 
coli contamination--
  Mr. BROUN of Georgia. Would the gentlelady yield?
  Ms. DeLAURO. I am happy to have you speak again. You reserved time.
  You know, we have just seen an E. coli outbreak in cookie dough. It 
highlights the importance of what these additional funds can help us to 
do. The E. coli bacteria lives inside animals, and that's why E. coli 
outbreaks are often associated with meat products. How, then, does E. 
coli get into cookie dough? Additional research on E. coli can help 
determine how it happened and results could prevent future outbreaks.
  In addition to the work on food safety, the increased funds will help 
the FDA work on new screening tests for blood-borne disease to better 
understand the adverse events related to medical devices that are used 
in pediatric hospitals.
  Another important tool that the additional funds will provide is to 
allow the FDA to make substantial investments in information technology 
for both foods and medical products. This allows the agency to receive 
and to better analyze adverse events electronically, support electronic 
submission of applications, and access old data for safety analyses.

                              {time}  2100

  I strongly urge a ``no'' vote on this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BROUN of Georgia. Mr. Chairman, maybe the gentlewoman doesn't 
know that I'm a physician. I'm concerned about people's health. And my 
amendment won't do a thing to cut all those programs that you're 
accusing me of trying to cut. And I resent the fact that you're 
accusing me of trying to cut that because I'm not trying to hurt 
people. I'm not trying to harm folks. I'm not trying to stop research. 
And my amendment wouldn't do that.
  My amendment would simply put the funding at the current level. We 
are stealing our grandchildren's future by spending so much money, by 
creating a huge debt. I'm not picking on the FDA. What I'm trying to do 
is I'm trying to save my grandchildren's future. And what we have right 
now with this bill is a 14 percent increase in funding over last year. 
That's outrageous. And I resent the fact that you're saying that I'm 
going to cut all these programs, because my amendment will not.
  And, frankly, I just don't understand this kind of emotional debate 
because it's not debate and it's not correct. The thing that I want to 
do is I want to save my grandchildren's future by stopping this 
outrageous, egregious spending that we're doing here. We don't have the 
money.
  Let's keep all these programs. I would love to see us have continuing 
resolutions for all these appropriations bills across the board, freeze 
the spending for at least a year.
  The people in my district are suffering. Most counties have a 13 to 
14 percent unemployment rate. And what we are doing is we are 
increasing the budget for this bill, for this appropriations bill, by 
14 percent. That's outrageous.
  And I tell you, the American people should be outraged. They should 
be calling every single congressional office and saying ``no'' to these 
spending bills that are just basically stealing our children and 
grandchildren's future.
  We have got to stop this spending. It's absolutely ridiculous. It's 
going to bankrupt this country, if we're not already bankrupt. And I'm 
just trying to save spending the taxpayers' dollars. It's absolutely 
critical that we do that.
  The budget that was presented by our President increases the debt 
over the next 5 years more than every single President since George 
Washington. I hear your side keep talking about the debt President Bush 
created. I wasn't here during that time. I voted against all the bills 
that we have had since I've been up here, and I think George Bush was 
wrong in creating that much debt. But your President and my President 
is creating more debt than George Bush and every other President in 
history.
  We need to stop this spending.
  Ms. DeLAURO. First of all, it's an 11 percent increase, not 14 
percent. I'm trying to save your grandchildren's lives and other 
grandchildren's lives and my own as well.
  We have watched over the last several months and the last couple of 
years, and the ranking member of this committee understands this and 
knows this, and we inspect 1 percent of the food that comes into this 
country from overseas, 1 percent. And the cry has been that there have 
not been enough inspectors to be able to do that. We are unable to 
trace back what happened with regard to lettuce, to tomatoes, and 
others, all of which are putting our families at risk. Your cut, in 
fact, would put this agency back in jeopardy where it has been for the 
last several years.
  I resent the fact that you as a physician do not understand the value 
of what the Food and Drug Administration does and that it is 
responsible for lives. These are not roads. These are not bridges or 
parks. This is an agency that has authority over people's lives and the 
public health.
  I urge a ``no'' vote on this amendment.
  Mr. Chairman, I yield back the balance of my time.


                       Announcement by the Chair

  The CHAIR. Members are advised to direct their comments to the Chair.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Georgia (Mr. Broun).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. BROUN of Georgia. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Georgia will be postponed.
  The Clerk will read.
  The Clerk read as follows:

       In addition, mammography user fees authorized by 42 U.S.C. 
     263b, export certification user fees authorized by 21 U.S.C. 
     381, and priority review user fees authorized by 21 U.S.C. 
     360n may be credited to this account, to remain available 
     until expended.


                        buildings and facilities

       For plans, construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of 
     or used by the Food and Drug Administration, where not 
     otherwise provided, $12,433,000, to remain available until 
     expended.

                          INDEPENDENT AGENCIES


                  commodity futures trading commission

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles, and the rental 
     of space (to include multiple year leases) in the District of 
     Columbia and elsewhere, $160,600,000, including not to exceed 
     $3,000 for official reception and representation expenses: 
     Provided, That $14,600,000 of the total amount appropriated 
     under this heading shall not be available for obligation 
     until the Commodity Futures Trading Commission submits an 
     expenditure plan for fiscal year 2010 to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     and the Committees approve the whole of the plan.

                       Farm Credit Administration


                 limitation on administrative expenses

       Not to exceed $54,500,000 (from assessments collected from 
     farm credit institutions, including the Federal Agricultural 
     Mortgage Corporation) shall be obligated during the

[[Page 17125]]

     current fiscal year for administrative expenses as authorized 
     under 12 U.S.C. 2249: Provided, That this limitation shall 
     not apply to expenses associated with receiverships.

                               TITLE VII

                           GENERAL PROVISIONS


             (including rescissions and transfers of funds)

       Sec. 701. Within the unit limit of cost fixed by law, 
     appropriations and authorizations made for the Department of 
     Agriculture for the current fiscal year under this Act shall 
     be available for the purchase, in addition to those 
     specifically provided for, of not to exceed 204 passenger 
     motor vehicles, of which 170 shall be for replacement only, 
     and for the hire of such vehicles.
       Sec. 702. New obligational authority provided for the 
     following appropriation items in this Act shall remain 
     available until expended: Food Safety and Inspection Service, 
     Public Health Data Communication Infrastructure System; Farm 
     Service Agency, salaries and expenses funds made available to 
     county committees; Foreign Agricultural Service, middle-
     income country training program, and up to $2,000,000 of the 
     Foreign Agricultural Service appropriation solely for the 
     purpose of offsetting fluctuations in international currency 
     exchange rates, subject to documentation by the Foreign 
     Agricultural Service.
       Sec. 703. The Secretary of Agriculture may transfer 
     unobligated balances of discretionary funds appropriated by 
     this Act or other available unobligated discretionary 
     balances of the Department of Agriculture to the Working 
     Capital Fund for the acquisition of plant and capital 
     equipment necessary for the delivery of financial, 
     administrative, and information technology services of 
     primary benefit to the agencies of the Department of 
     Agriculture: Provided, That none of the funds made available 
     by this Act or any other Act shall be transferred to the 
     Working Capital Fund without the prior approval of the agency 
     administrator: Provided further, That none of the funds 
     transferred to the Working Capital Fund pursuant to this 
     section shall be available for obligation without the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress: Provided further, That none of the funds 
     appropriated by this Act or made available to the 
     Department's Working Capital Fund shall be available for 
     obligation or expenditure to make any changes to the 
     Department's National Finance Center without prior approval 
     of the Committees on Appropriations of both Houses of 
     Congress as required by section 712 of this Act.
       Sec. 704. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 705. No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the two parties. This 
     does not preclude appropriate payment of indirect costs on 
     grants and contracts with such institutions when such 
     indirect costs are computed on a similar basis for all 
     agencies for which appropriations are provided in this Act.
       Sec. 706. Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     the current fiscal year shall remain available until expended 
     to disburse obligations made in the current fiscal year for 
     the following accounts: the Rural Development Loan Fund 
     program account, the Rural Electrification and 
     Telecommunication Loans program account, and the Rural 
     Housing Insurance Fund program account.
       Sec. 707. Of the funds made available by this Act, not more 
     than $1,800,000 shall be used to cover necessary expenses of 
     activities related to all advisory committees, panels, 
     commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants.
       Sec. 708. None of the funds appropriated by this Act may be 
     used to carry out section 410 of the Federal Meat Inspection 
     Act (21 U.S.C. 679a) or section 30 of the Poultry Products 
     Inspection Act (21 U.S.C. 471).
       Sec. 709. No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act to any other agency or office of the Department for 
     more than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.
       Sec. 710. None of the funds appropriated or otherwise made 
     available to the Department of Agriculture or the Food and 
     Drug Administration shall be used to transmit or otherwise 
     make available to any non-Department of Agriculture or non-
     Department of Health and Human Services employee questions or 
     responses to questions that are a result of information 
     requested for the appropriations hearing process.
       Sec. 711. None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board: Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer without the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress: Provided further, That none of the funds 
     available to the Department of Agriculture for information 
     technology shall be obligated for projects over $25,000 prior 
     to receipt of written approval by the Chief Information 
     Officer.
       Sec. 712. (a) None of the funds provided by this Act, or 
     provided by previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in the current fiscal year, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes offices, programs, or activities; or
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Committees on Appropriations of both Houses of Congress are 
     notified 15 days in advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Committees on Appropriations 
     of both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       (c) The Secretary of Agriculture or the Secretary of Health 
     and Human Services shall notify the Committees on 
     Appropriations of both Houses of Congress before implementing 
     a program or activity not carried out during the previous 
     fiscal year unless the program or activity is funded by this 
     Act or specifically funded by any other Act.
       Sec. 713. None of the funds appropriated by this or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies that assumes revenues or reflects a reduction from 
     the previous year due to user fees proposals that have not 
     been enacted into law prior to the submission of the Budget 
     unless such Budget submission identifies which additional 
     spending reductions should occur in the event the user fees 
     proposals are not enacted prior to the date of the convening 
     of a committee of conference for the fiscal year 2011 
     appropriations Act.
       Sec. 714. None of the funds made available by this or any 
     other Act may be used to close or relocate a Rural 
     Development office unless or until the Secretary of 
     Agriculture determines the cost effectiveness and/or 
     enhancement of program delivery: Provided, That not later 
     than 120 days before the date of the proposed closure or 
     relocation, the Secretary notifies the Committees on 
     Appropriation of the House and Senate, and the members of 
     Congress from the State in which the office is located of the 
     proposed closure or relocation and provides a report that 
     describes the justifications for such closures and 
     relocations.
       Sec. 715. None of the funds made available to the Food and 
     Drug Administration by this Act shall be used to close or 
     relocate, or to plan to close or relocate, the Food and Drug 
     Administration Division of Pharmaceutical Analysis in St. 
     Louis, Missouri, outside the city or county limits of St. 
     Louis, Missouri.
       Sec. 716. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out an 
     environmental quality incentives program authorized by 
     chapter 4 of subtitle D of title

[[Page 17126]]

     XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et 
     seq.) in excess of $1,180,000,000.
       Sec. 717. None of the funds made available in fiscal year 
     2009 or preceding fiscal years for programs authorized under 
     the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of 
     $20,000,000 shall be used to reimburse the Commodity Credit 
     Corporation for the release of eligible commodities under 
     section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust 
     Act (7 U.S.C. 1736f-1): Provided, That any such funds made 
     available to reimburse the Commodity Credit Corporation shall 
     only be used pursuant to section 302(b)(2)(B)(i) of the Bill 
     Emerson Humanitarian Trust Act.
       Sec. 718. No funds shall be used to pay salaries and 
     expenses of the Department of Agriculture to carry out or 
     administer the program authorized by section 14(h)(1) of the 
     Watershed Protection and Flood Prevention Act (16 U.S.C. 
     1012(h)(1)).
       Sec. 719. Funds made available under section 1240I and 
     section 1241(a) of the Food Security Act of 1985 and section 
     524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) 
     in the current fiscal year shall remain available until 
     expended to disburse obligations made in the current fiscal 
     year.
       Sec. 720. Unless otherwise authorized by existing law, none 
     of the funds provided in this Act, may be used by an 
     executive branch agency to produce any prepackaged news story 
     intended for broadcast or distribution in the United States 
     unless the story includes a clear notification within the 
     text or audio of the prepackaged news story that the 
     prepackaged news story was prepared or funded by that 
     executive branch agency.
       Sec. 721. Notwithstanding any other provision of law, any 
     former RUS borrower that has repaid or prepaid an insured, 
     direct or guaranteed loan under the Rural Electrification 
     Act, or any not-for-profit utility that is eligible to 
     receive an insured or direct loan under such Act, shall be 
     eligible for assistance under section 313(b)(2)(B) of such 
     Act in the same manner as a borrower under such Act.
       Sec. 722. Of the unobligated balances under section 32 of 
     the Act of August 24, 1935, $52,000,000 are hereby rescinded.
       Sec. 723. None of the funds made available in this Act may 
     be used to establish or implement a rule allowing poultry 
     products to be imported into the United States from the 
     People's Republic of China.
       Sec. 724. None of the funds made available to the 
     Department of Agriculture in this Act may be used to 
     implement the risk-based inspection program in the 30 
     prototype locations announced on February 22, 2007, by the 
     Under Secretary for Food Safety, or at any other locations, 
     until the USDA Office of Inspector General has provided its 
     findings to the Food Safety and Inspection Service and the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on the data used in support of the development 
     and design of the risk-based inspection program and FSIS has 
     addressed and resolved issues identified by OIG.
       Sec. 725. Notwithstanding any other provision of law, and 
     until receipt of the decennial Census in the year 2010, the 
     Secretary of Agriculture shall consider--
       (1) the city of Lumberton, North Carolina, and the city of 
     Sanford, North Carolina (including individuals and entities 
     with projects within the city), eligible for loans and grants 
     funded through the Rural Community Facilities Program 
     account;
       (2) the unincorporated area of Los Osos, California 
     (including individuals and entities with projects within the 
     cities), eligible for loans and grants funded through the 
     Rural Water and Waste Disposal Program account; and
       (3) the city of Nogales, Arizona (including individuals and 
     entities with projects within the city), eligible for loans 
     and grants funded under the housing programs of the Rural 
     Housing Service.
       Sec. 726. There is hereby appropriated $2,500,000 for 
     section 4404 of Public Law 107-171.
       Sec. 727. There is hereby appropriated:
       (1) $1,408,000 shall be for a grant to the Wisconsin 
     Department of Agriculture, Trade, and Consumer Protection, as 
     authorized by section 6402 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 1621 note);
       (2) $1,000,000 shall be for development of a prototype for 
     a national carbon inventory and accounting system for 
     forestry and agriculture, to be awarded under full and open 
     competition;
       (3) $1,000,000 for the International Food Protection 
     Training Institute; and
       (4) $200,000 for the Center for Foodborne Illness Research 
     and Prevention.
       Sec. 728. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service shall provide 
     financial and technical assistance through the Watershed and 
     Flood Prevention Operations program to carry out--
       (1) the Alameda Creek Watershed Project in Alameda County, 
     California;
       (2) the Hurricane Katrina-Related Watershed Restoration 
     project in Jackson County, Mississippi;
       (3) the Pidcock-Mill Creeks Watershed project in Bucks 
     County, Pennsylvania;
       (4) the Farmington River Restoration project in Litchfield 
     County, Connecticut;
       (5) the Lake Oscawana Management and Restoration project in 
     Putnam County, New York; and
       (6) the Richland Creek Reservoir in Paulding County, 
     Georgia.
       Sec. 729. Section 17(r)(5) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
       (1) by inserting ``the District of Columbia and'' after the 
     first instance of ``institutions located in'';
       (2) by striking ``ten'' and inserting ``eleven'';
       (3) by striking ``eight'' and inserting ``nine''; and
       (4) by inserting ``Connecticut,'' after the first instance 
     of ``States shall be''.
       Sec. 730. Notwithstanding any other provision of law, for 
     the purposes of a grant under section 412 of the Agricultural 
     Research, Extension, and Education Reform Act of 1998, none 
     of the funds in this or any other Act may be used to prohibit 
     the provision of in-kind support from non-Federal sources 
     under section 412(e)(3) in the form of unrecovered indirect 
     costs not otherwise charged against the grant, consistent 
     with the indirect rate of cost approved for a recipient.
       Sec. 731. None of the funds made available in this Act may 
     be used to pay the salaries or expenses of personnel to--
       (1) inspect horses under section 3 of the Federal Meat 
     Inspection Act (21 U.S.C. 603);
       (2) inspect horses under section 903 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
     note; Public Law 104-127); or
       (3) implement or enforce section 352.19 of title 9, Code of 
     Federal Regulations.
       Sec. 732. The Secretary of Agriculture may authorize a 
     State agency to use funds provided in this Act to exceed the 
     maximum amount of reconstituted liquid concentrate infant 
     formula specified in 7 CFR 246.10 when issuing liquid 
     concentrate infant formula to participants.

  Ms. DeLAURO (during the reading). Mr. Chairman, I ask unanimous 
consent that the remainder of the bill through page 74, line 15 be 
considered as read.
  The CHAIR. Is there objection to the request of the gentlewoman from 
Connecticut?
  There was no objection.
  The CHAIR. The Clerk will read.
  The Clerk read as follows:

       Sec. 733. Of the unobligated balances provided pursuant to 
     section 16(h)(1)(A) of the Food and Nutrition Act of 2008, 
     $11,000,000 is hereby rescinded.
       Sec. 734. Of the prior year unobligated balances provided 
     for the purpose of section 306D of the Consolidated Farm and 
     Rural Development Act, $25,008,000 is hereby rescinded.


            Part B Amendment No. 1 Offered by Mrs. Blackburn

  Mrs. BLACKBURN. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 1 offered by Mrs. Blackburn:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  Each amount appropriated or otherwise made 
     available by this Act that is not required to be appropriated 
     or otherwise made available by a provision of law is hereby 
     reduced by 5 percent.

  The CHAIR. Pursuant to House Resolution 609, the gentlewoman from 
Tennessee (Mrs. Blackburn) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Tennessee.
  Mrs. BLACKBURN. Mr. Chairman, tonight I rise in support of the 
American taxpayer.
  Like a lot of my colleagues, I was home last week. I spent a lot of 
my time talking with constituents and listening to them and to their 
concerns. And it seems like wherever I went and whomever I spoke with, 
one concern overrode all of the others. They talked to us a lot about 
how astounded they were with cap-and-trade and they talked about their 
fears of what the liberal proposals were going to do to health care.
  But the one thing that overrode them all, the commonality of concern, 
was with spending, the deficit, and national debt. Many times they used 
the term ``I am dumbfounded'' by what we are spending. Where is this 
money coming from? Is it coming from China? Is it coming from India? 
Are we just continuing to roll up the debt? And over and over they 
said, Tell me what we can do to stop this excessive spending.
  Well, Mr. Chairman, my amendment is a good first step, and it is a 
way that we can begin to slow the Federal spending.

[[Page 17127]]

  The approps bill before us represents nearly a 12 percent spending 
increase over last year. And if you add all the stimulus spending, 
which was $26.5 billion, and the emergency spending, which was $7.9 
billion, these programs have benefited from about a 125 percent 
increase over the past 3 years. So can any of us say that spending 125 
percent more than we did on these programs last year in this economic 
climate is responsible? Look at what that growth has been over a 3-year 
period of time.
  Mr. Chairman, I am asking my colleagues to agree with me to give back 
just one nickel out of every dollar that is being appropriated and 
given to the bureaucracy, one nickel out of every single dollar.
  As my colleagues all know, I am probably the proudest grandmother 
here on Capitol Hill. I have two adorable grandsons. My oldest grandson 
is barely a year old, and he and his brother, his 3-week-old brother, 
are each already in debt to the tune of about $70,000 to the Federal 
Government.
  I know that there are thousands of grandparents that are out there 
just like me. They are incredibly concerned about what they see 
happening. They fear that the exploding debt and the deficit will 
compromise and will cap the opportunity of those precious children and 
that we will trade their bright future for one that is limited by a 
national debt that makes this Nation so sluggish that the best and the 
brightest opportunities are going to end up going elsewhere. And where 
are we getting the money? We are getting the money from our 
grandchildren.
  So I urge support of my amendment. Cut 5 percent across the board. 
Cut a nickel from every dollar. And require today's bureaucracy to find 
a way to do what the American taxpayer is doing, to tighten the belt 
and save that nickel out of a dollar for our future.
  Mr. Chairman, I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I rise to claim the time in opposition to 
the amendment.
  The CHAIR. The gentlewoman from Connecticut is recognized for 5 
minutes.
  Ms. DeLAURO. Mr. Chairman, I rise in strong opposition to the 
gentlewoman's amendment, which would cut all the agencies and the 
programs in the bill by 5 percent. I understand. I have three beautiful 
grandchildren, and they are the light of my life. And for that reason, 
I'm opposed to this amendment.
  This would represent a cut of $1.1 billion from the bill. Now, this 
is exactly the wrong time to cut funding for critical programs under 
the bill that protect the public health, bolster food nutrition 
assistance programs, invests in rural communities, in agriculture 
research, strengthen animal health and marketing programs, and conserve 
our natural resources.
  While the bill received a relatively large increase over 2009, it is 
important to understand that the large majority goes to fund just three 
priorities: $681 million for higher WIC participation and for food 
costs, $560 million for International Food Aid programs, and $299 
million for the Food and Drug Administration to better protect our 
public health. At the same time, the bill made cuts in a number of 
programs below 2009 totaling $274 million. We also rejected $735 
million in increases in the budget request.
  So rather than using targeted, precision cuts, as we have done with 
this bill, an across-the-board cut would hurt core programs, would 
increase the investment deficits our communities across the country 
have had to overcome in the past years regardless of the value of the 
program.
  These increases are needed to support vital services and priorities, 
vital and effective programs which, quite frankly, have broad 
bipartisan support. The increases in these areas are needed to ensure 
adequate funding to support the food nutrition safety net for families 
that serve an estimated 10.1 million women and children in 2010, 
strengthen even more of America's commitment to meet humanitarian food 
aid needs, to enhance the FDA's capabilities to ensure the safety of 
our food and medical products.
  The bill also uses a portion of the increase to make up for cuts to 
farm bill conservation programs. We did not accept the cuts to priority 
farm bill conservation programs that the 2010 budget proposed. That 
budget made significant cuts to wetlands research programs, farmland 
protection, wildlife habitat programs, all effective programs with 
backlogs of applications from farmers and from ranchers. All told, the 
committee bill provides hundreds of millions in funding above the 2010 
budget for farm bill conservation programs. Thus the bill uses a 
significant portion of the increase to make up for the cuts.
  In conclusion, I want to note that the increases in this bill are not 
based on the belief that we should just throw money at the challenges 
that we face. The increases are about meeting the Federal Government's 
obligations. Again, I think we need to take a look at core programs, 
whether it's USDA or FDA. The gentlewoman's amendment would force all 
of these agencies that cover rural development, food and drug safety, 
WIC, food stamps to seek drastic cuts in a time of acute need. I think 
this amendment is fiscally irresponsible. It will further harm our 
rural communities and our public health, and I urge my colleagues to 
oppose it.
  Mr. Chairman, I reserve the balance of my time.
  Mrs. BLACKBURN. Mr. Chairman, the gentlewoman mentioned fiscal 
irresponsibility. I think that growing programs by 12 percent when they 
have already seen enormous, enormous increases is irresponsible.
  We are asking to curtail the growth 5 percent. Curtail that growth 5 
percent. You know, the States have been a great lab of experimentation 
in this. And many States, including mine of Tennessee, have had across-
the-board cuts, and they have used that to rein in the bureaucracy and 
say tighten your belts. Times are tough. Tighten your belts. And, Mr. 
Chairman, that is what we should do.
  Priorities. She talked about priorities. How about the priority of 
the American taxpayer? How about the priority of the American farmer 
who writes that check to Uncle Sam every year and turns to his child 
and says, Guess what, you're not going to go to the university; you're 
going to go get another job and work another year before you can go.

                              {time}  2115

  These are priorities that are set aside while they meet our 
obligation to us. It is our responsibility to be good stewards of that 
dollar. And giving egregious raises--listen to this. McGovern-Dole 
International Food for Education and Child Nutrition Program grants, an 
increase of 99.5 percent; FDA salaries and expenses--and, trust me, 
Energy and Commerce, we've been after them for a long time--14.6 
percent.
  The list goes on and on.
  The CHAIR. The time of the gentlewoman has expired.
  Ms. DeLAURO. How much time is available?
  The CHAIR. The gentlewoman has 1\1/2\ minutes.
  Ms. DeLAURO. I would just like to say that this bill addresses the 
plight of the American farmers, rural America. And I don't come from 
rural America. I come from the Northeast. But I have farms.
  I'm watching dairy farmers go out of business. That's happening all 
over the country. And watching the technical assistance programs with 
backlogs that are not addressing the needs of the American farmer.
  This bill addresses those issues.
  Mrs. BLACKBURN. If the gentlelady will yield.
  Ms. DeLAURO. I just have 1\1/2\ minutes left--and less than that now.
  This bill is looking at how we can in fact meet the obligations that 
we have in a time of fiscal and economic crisis and economic insecurity 
all over this country. Under the jurisdiction of this bill is rural 
development. In addition to that, it protects the public health, which 
we're obligated to do. And when you see nine people die from peanut-
based products because we cannot trace back, we cannot analyze, we do 
not have--
  Mrs. BLACKBURN. If the gentlelady will yield, we have done plenty--

[[Page 17128]]


  Ms. DeLAURO. We do not have the tools that are necessary in order to 
be able to understand what happened. This bill addresses--
  Mrs. BLACKBURN. Money doesn't solve that problem.
  The CHAIR. The gentlewoman will suspend. The gentlewoman from 
Connecticut controls the time.
  Ms. DeLAURO. Across-the-board cuts apply a meat ax and don't have a 
precision cut and make a difference. I urge my colleagues to oppose the 
amendment.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Tennessee (Mrs. Blackburn).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mrs. BLACKBURN. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentlewoman from Tennessee will be 
postponed.


            Part E Amendment No. 6 Offered by Mr. Hensarling

  Mr. HENSARLING. Mr. Chairman, I have an amendment at the desk, 
amendment No. 6.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part E amendment No. 6 offered by Mr. Hensarling:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Animal and Plant Health Inspection Service--
     Salaries and Expenses'' shall be available for the National 
     Biodiversity Conservation Strategy project, Kiski Basin, 
     Pennsylvania, and the amount otherwise provided under such 
     heading is hereby reduced by $200,000.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from Texas 
(Mr. Hensarling) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. HENSARLING. This is an amendment that would strike an earmark, 
better known as pork barrel spending. Specifically, $200,000 requested 
by the gentleman from Pennsylvania (Mr. Murtha) for the Natural 
Biodiversity of Johnstown, Pennsylvania, for conservation strategy at 
the Kiski Basin.
  If one goes to the Web site of Natural Biodiversity, they will learn 
that ``they control invasive, nonnative plants.''
  ``Holistic habitat management techniques are being used to restore 
riparian buffers on sites throughout the Kiski-Conemaugh and upper 
Juniata drainages.'' I hope I pronounced those properly.
  Mr. Chairman, permit me to put this amendment into a broader context. 
Clearly, the national priority has got to be job growth, economic 
growth. And, by any standard, the economic policies of this Democratic 
Congress, the economic policies of this administration have been an 
abject failure: 2.6 million jobs lost since February--467,000 jobs lost 
last month alone; 9.5 percent unemployment throughout the land--the 
highest unemployment in a quarter of a century.
  Mr. Chairman, what do we have to show for it? Nothing but debt. 
Mountains and mountains of debt in spending for our children and 
grandchildren, already. $9,810 per household to fund a $1.13 trillion 
government stimulus plan; $3,534 per household to fund a $410 billion 
omnibus; $31,000 per household to fund a $3.6 trillion 2010 budget.
  Tripling, tripling the Federal debt in 10 years. More debt in the 
next 10 years than in the previous 220; billions for Chrysler; billions 
for GM; billions for AIG. Borrowing 46 cents on the dollar, borrowing 
it from the Chinese, sending the bill to our children and 
grandchildren. That's the context, Mr. Chairman.
  So I ask one and only one thing. Here's an opportunity. Here's an 
opportunity for the taxpayers to maybe save $300,000. Not to borrow 
that money from the Chinese.
  Now I have no idea--I have no doubt, I have no doubt that the 
gentleman from Pennsylvania is sincere. I'm sure good things can be 
done with this money by the Natural Biodiversity and their holistic 
habitat management program. I have no doubt that good things could be 
done with that money.
  But let me tell you other good things that can be done with the 
money. That money could be used to go against the deficit so we don't 
borrow money from the Chinese, so we don't send the bill to our 
children and grandchildren. And if we're going to spend it, Mr. 
Chairman, maybe we ought to spend it on small businesses--small 
businesses that are capitalized with $25,000, on average, according to 
the SBA. We could save eight small businesses in America.
  But, most importantly right now, we could tell America that we know 
what the priorities are--and it's not weed management by Natural 
Biodiversity in the Kiski River Basin. I have no idea how this became a 
national priority.
  I'm sure, again, that important things can be done with the money, 
but is it worth borrowing the money from the Chinese and sending the 
bill to our children and our grandchildren? I think not.
  I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I claim time in opposition to this 
amendment.
  The CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. DeLAURO. Though the gentleman who sponsored this project could 
not be here tonight, he has provided me with the following information.
  This is a conservation project for a not-for-profit volunteer 
program. Natural Biodiversity was initiated in response to citizens' 
concerns for invasive plant problems in the 1,887 square mile Kiski-
Conemaugh drainage portion of the Allegheny River and Ohio River Basin.
  Subsequent work has been expanded the geographic area to include the 
Juniata watershed of the Chesapeake Bay, the State of Pennsylvania, and 
a much larger mid-Atlantic region.
  Invasive plant management work has led to innovative approaches, 
including native plant restoration and comprehensive land stewardship 
practices. Some of their early achievements have been the early 
detection and rapid response to noxious weeds and 32 invasive plant 
locations; education and outreach to 10,000 people, with a potential 
audience of 500,000 each year; development of a management plan for the 
1,000-square-mile Raystown branch of the Juniata River.
  So, again, it is a not-for-profit volunteer program that is dealing 
with a concern and a large area about invasive plant problems. And I 
urge my colleagues to oppose this amendment.
  I reserve the balance of my time.
  Mr. HENSARLING. Well, it was an interesting discussion, Mr. Chairman. 
I'm not sure it's worthy of borrowing $200,000 dollars from the Chinese 
and sending the bill to our children and grandchildren.
  I'm sorry that the gentleman from Pennsylvania couldn't make it here 
tonight. I know he is busy with many, many earmarks. According to the 
April 19 edition of the Washington Post, Murtha, dubbed the King of 
Pork by critics, consistently directs more Federal money to his 
district than any other Congressman--$192 million in the 2008 budget.
  I don't know what the unemployment rate is in Johnstown, 
Pennsylvania, but around the rest of the Nation it's averaging 9.5 
percent. And if he would choose not to spend $200,000 dollars for weed-
whacking along this river basin, maybe we could have more jobs in the 
rest of America.
  I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I was just going to make one comment, and 
that's about fiscal responsibility. I am delighted that the gentleman 
has gotten religion on fiscal responsibility. As I recall, he spent the 
last 8 years here witnessing the kinds of tax cuts that have provided 
the tax breaks for the wealthiest people in this Nation and now has 
brought this Nation to this fiscal crisis that we have and the 
indebtedness that we have. I think he must have been missing in action 
for these 8 years where we experienced this.
  This indebtedness did not occur overnight. I once again urge my 
colleagues to vote in opposition to this amendment.

[[Page 17129]]


  Mr. KINGSTON. Will the gentlelady yield?
  Ms. DeLAURO. I'd be happy to yield.
  Mr. KINGSTON. I just wanted to say on behalf of the minority members 
I had planned to oppose this amendment and do believe that this 
research can be very helpful and know that many of the earmarks that 
have been in this bill have increased food safety and increased food 
supply and created jobs along the way and reduced food costs.
  And so there are a lot of things that do kind of catch the eye that 
sometimes there is more to it than you can get out in a quick debate on 
it. But I do plan to oppose this, and wanted the chairwoman to know 
that.
  Ms. DeLAURO. I thank the gentleman. I yield back the balance of my 
time.
  Mr. HENSARLING. Mr. Chairman, may I inquire how much time I have 
remaining?
  The CHAIR. Fifteen seconds.
  Mr. HENSARLING. Mr. Chairman, I think it's very interesting to get a 
lecture from the gentlelady on fiscal responsibility, since she just 
voted for a budget that will triple the national debt over the next 10 
years. When the deficit was $300 billion and falling, the majority 
leader Steny Hoyer called it fiscal child abuse. Here's an earmark to 
add $200,000 to fiscal child abuse.
  We ought to cut it out. And I urge adoption of my amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Hensarling).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. HENSARLING. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Texas will be postponed.


             Part C Amendment No. 2 Offered by Mr. Campbell

  Mr. CAMPBELL. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part C amendment No. 2 offered by Mr. Campbell:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``National Institute of Food and Agriculture--
     Research and Education Activities'' shall be available for 
     the special grant for Specialty Crops in Indiana, and the 
     aggregate amount otherwise provided under such heading (and 
     the portion of such amount specified for special grants) are 
     each hereby reduced by $235,000.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from 
California (Mr. Campbell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CAMPBELL. Mr. Chairman, this amendment would eliminate a $235,000 
earmark for Specialty Crops in Indiana, and reduces funding in the 
overall bill by that amount. According to the statement from the 
sponsor of the earmark, the gentleman from Indiana, this earmark of the 
Specialty Crops Research Extension and Training Center at the 
Southwest-Purdue Agricultural Center would go to increase their staff 
and upgrade equipment for the center.
  Mr. Chairman, I'm sure--and I expect we will hear from the gentleman 
from Indiana--and I'm sure that he will talk about what he believes the 
benefits of this program or this center or the additional equipment 
that this earmark would buy is going to be to that center.
  But, Mr. Chairman, as has been mentioned by the previous several 
speakers, and I'm sure will be mentioned by others, we are in a period 
of great fiscal strain, where we have a $2 trillion deficit running 
this year, another $1 trillion deficit every year for as far as the eye 
can see, and 46 cents of every dollar we spend on the floor of this 
House, 46 of every dollar this year will be borrowed.

                              {time}  2130

  Even the Congressional Budget Office just 2 weeks ago said that the 
current budget and the current budget trajectory is ``unsustainable.'' 
Mr. Chairman, given the situation that we're in, given the deficits 
we're running, given the debt we're building up, given the amount of 
money that we're borrowing, given the spending that we're going 
through, shouldn't we be limiting what we're spending now to true 
national priorities, true things that are really those things that we 
must do and can only do right now rather than things that are designed 
for a specific district, specific area or a specific industry? Mr. 
Chairman, I would suggest that this particular earmark is one of those 
things and does not rise to that level of national and critical 
importance that we should borrow another $108,000 from, as was said 
before, the Chinese, the Indians, whomever in order to fund this 
particular earmark.
  I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I claim time in opposition.
  The CHAIR. The gentlewoman from Connecticut is recognized for 5 
minutes.
  Ms. DeLAURO. I yield to the gentleman from Indiana.
  Mr. ELLSWORTH. Mr. Chair, I would like to thank the distinguished 
chairwoman of the subcommittee for yielding.
  I would like to thank her and her colleagues on the Agriculture 
appropriations subcommittee for not only approving this this year but 
also last year, and I rise in opposition to the gentleman's amendment.
  Mr. Chair, I got home from Afghanistan 2 days ago; and while I was 
there in the Khost province, I was fortunate enough to visit with the 
Indiana National Guard. And besides their soldiering duties, some of 
other things they were doing was helping the Afghanistan agriculture 
farmers to better their practices of farming in Afghanistan. I would 
guess that if I asked the 14,000 farmers in Indiana in my district and 
if Mr. Campbell asked the 132 farmers in his district, according to the 
2007 agriculture census, and I have 9,000 farms in my district and Mr. 
Campbell has 72 farms in his district, according to the same document, 
that if we asked those farmers in our two respective districts, Should 
we spend money in Afghanistan on their agriculture or spend it right 
here in the United States, I'm just going to take a guess that they 
might say, let's spend some of it here. And that's what this amendment 
would try to preclude.
  I'd like to take this opportunity, as Mr. Campbell said, to defend 
this program because it was fully funded last year, and I'd ask that it 
would be funded this year again. This is the Specialty Crops Research, 
Extension, and Training Center at the Southwest-Purdue Agricultural 
Center. This project is a collaboration between Purdue University and 
Vincennes University. It is housed in Vincennes, Indiana. This farmland 
in Knox County, Indiana, is particularly well suited for growing fresh 
fruits and vegetables, and the Southwest-Purdue Agricultural Center 
provides an important resource for farmers to improve crop quality and 
yields and decrease pesticide use.
  The request I submitted to the Appropriations Committee would direct 
funds, as Mr. Campbell said, to the center for upgrades to their 
equipment and in personnel. Mr. Chair, they do a lot of great things 
there. This is critical for conducting research on crops in our area. I 
also will remind you that where I live in midwest Indiana is within a 
day's drive of 40 percent of the American population. Indiana is proud. 
We are proud of our farmers, and we're proud to supply food to the 
Midwest and across our country. And because approximately 40 percent of 
the Nation's population live within a day's drive of that area, we 
think it's extremely important to explore all of the possibilities of 
that area. And no one does it better than this extension and this 
agriculture center.
  We all know the value of adding fresh fruits and vegetables to our 
diets, and Americans are struggling right now with obesity and related 
health issues. Proper diet and nutrition habits are critical components 
to making this country healthier. New expanded fruit and vegetable 
production is extremely critical. I think it's important to note that 
this is not new funding. This is in the USDA's appropriated funds. So

[[Page 17130]]

who's better to say where this money might be spent, the Congressman 
who drives the streets and the roads and the highways and on the farms 
and talks to the farmers and the ranchers in southern Indiana or a 
bureaucrat sitting in a booth somewhere in Washington, D.C., that says, 
``These people get this and these people get that''? I think it's the 
Congressman and the farmers from Indiana.
  Ms. DeLAURO. I reserve the balance of my time.
  Mr. CAMPBELL. Mr. Chairman, as I said, I appreciate the gentleman 
from Indiana's eloquent defense of this, and I understand his point. 
But there are roughly 400 earmarks in this bill; and at some point, Mr. 
Chairman, we've got to stop. And one of the things the gentleman 
mentioned was that we're helping farmers in Afghanistan farm and should 
we do this or do that? But the fact is, we're doing both. And the fact 
is that many times in this Chamber we decide to spend money on 
everything. Let's spend money on this farm here and this farm here, and 
this crop here and this crop there, and this State here and this State 
there, and this country here and this country there. And it's that kind 
of spending where we aren't making the choices to spend on some things 
and not on others, where we aren't making the decision to spend within 
our means, where we aren't deciding that, we're not going to borrow the 
money, we're not going to tax them more money. We're going to take what 
we have, and we're going to allocate that as efficiently as we can to 
the places we think are the most important and not just do it to 
everything has got stop, Mr. Chairman. I would suggest to my friends on 
the other side of the aisle, I understand that perhaps you think this 
is important, but what's more important is $2 trillion in additional 
debt this year, $13 trillion in debt overall, 46 cents on every dollar 
being borrowed, and most of it being borrowed from foreign nations and 
that it doesn't ever stop. According to the President's budget, it goes 
on and on and on. We have got to stop that.
  I would just suggest that maybe we start with things like this. It 
isn't about whether the bureaucracy spends this or not. This bill would 
save that $235,000 and not borrow any more money. Whether it's here or 
somewhere else, at some point, Mr. Chairman, we have to begin to 
control the spending and not borrow and deficit spend so much. I just 
hope if we can't start tonight, let's start tomorrow.
  I yield back the balance of my time.
  Ms. DeLAURO. How much time do I have?
  The CHAIR. The gentlewoman from Connecticut has 1\1/2\ minutes 
remaining.
  Ms. DeLAURO. My colleague Mr. Ellsworth talked about this project and 
has defended it more than adequately. But considering the openness and 
the scrutiny that has gone into the process this year, I would urge my 
colleagues to defeat this amendment and continue the good efforts of 
the proposal that Mr. Ellsworth has made and the whole issue of 
specialty crops. I share that interest in specialty crops coming from 
the State of Connecticut where, in fact, that is what we do; and the 
importance of the research in that area is critical. Support his 
effort, and oppose the gentleman from California's amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from California (Mr. Campbell).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. CAMPBELL. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from California will be 
postponed.


              Part D Amendment No. 9 Offered by Mr. Flake

  Mr. FLAKE. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part D amendment No. 9 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Agricultural Research Service--Salaries and 
     Expenses'' shall be available for the Foundry Sand By-
     Products Utilization project in Beltsville, Maryland, and the 
     aggregate amount otherwise provided under such heading is 
     hereby reduced by $638,000.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from 
Arizona (Mr. Flake) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. I thank the Chair.
  Mr. Chairman, I know that it's a custom to address the Chair. I see 
the Speaker of the House is in the Chamber. If I could address her 
directly, what I would implore her to do is to--when we have the 
defense bill on the floor later this month, please make an open rule. 
Allow us the opportunity to challenge earmarks in the defense bill and 
then not limit us to just one or two or three. That defense bill will 
include literally hundreds and hundreds of earmarks that are no-bid 
contracts to private companies. And unless we have the ability to 
challenge them, they will go virtually unvetted because we know from 
sad experience they have not been vetted by the Appropriations 
Committee in the past.
  I will just draw your attention to a headline in today's Roll Call, 
``Justice Department this week filed criminal charges against a defense 
contractor who has received millions of dollars worth of earmarks.'' 
There will be another headline tomorrow and likely again the following 
day. We have investigations swirling outside. We have to be able to 
challenge these earmarks and to point out why it's wrong for this body 
to allow Members to earmark to their campaign contributors.
  So while the Speaker is in the Chamber, I would just implore her--if 
I could speak to her directly--to allow an open rule, allow more debate 
on this subject.
  But to the merits of the challenge to this earmark, this amendment 
would remove $638,000 in funding for the Beltsville, Maryland, 
Agricultural Research Center and reduce the overall cost of the bill by 
a commensurate amount.
  According to the report accompanying this bill, this earmark is 
described as the, quote, Foundry Sand By-Products Utilization in 
Beltsville, Maryland.'' But if you look at the table that is in the 
report for this bill, it says that that research project that is going 
to the Foundry Sand By-Product Utilization is actually completed. So 
it's a bit confusing as to what this earmark is actually for. There is 
a little different language in the certification letter and in the 
table that accompanies this bill. So I would ask the sponsor of this 
earmark to explain why we're earmarking funds seemingly for a project 
that has already been completed.
  With that, I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chair, I rise to claim time in opposition to this 
amendment.
  The CHAIR. The gentlewoman from Connecticut is recognized for 5 
minutes.
  Ms. DeLAURO. Although the gentleman could not be here tonight, he has 
provided me with the following information:
  This amendment seeks to eliminate funding for a research project at 
the Environmental Management and Byproduct Utilization Laboratory at 
the Beltsville Agricultural Research Center. This amendment would 
deprive taxpayers of the expertise acquired by Federal researchers and 
scientists. I just want to reiterate here. These are Federal employees 
at a federally owned research center. The effort is to study the 
potential reuses of one industrial byproduct--sand used in metal 
casting. The experts have enabled us through research currently being 
reviewed by their peers to discover ways to deal with the over 7 
million tons of foundry sands that are estimated to be disposed of in 
our landfills annually. I think we need to continue to use their 
expertise.
  There is considerable need for ongoing funding to study the 
beneficial uses of other industrial byproducts in agriculture. This 
includes discovering ways

[[Page 17131]]

to prevent phosphorous from reaching our waterways, to improve soil 
characteristics and in sequestering carbon. The research also helps us 
to find ways to create new products from direct agricultural waste 
materials. Scientists, for example, as I understand this, have found a 
way to take carotene from chicken feathers, an example of a poultry 
byproduct to make high-quality biodegradable plastics for the 
horticultural industry. Finding these new uses not only would benefit 
American agricultural producers, it assists the American public and the 
environment by avoiding increasingly expensive options of sending these 
materials to a landfill. We need to allow these funds to be flexible as 
opposed to being directed at one specific material. For example, 
foundry sands. Since we cannot always be aware in advance of potential 
new beneficial uses of various industrially and agriculturally derived 
materials. I ask my colleagues to join me in opposing this amendment.
  I reserve the balance of my time.
  Mr. FLAKE. The gentlelady mentioned that these are Federal employees 
in a Federal institution and a Federal facility that would be receiving 
these earmarks and has great trust that they will do the right thing in 
executing this earmark. I just find that curious that the main reason 
that we have earmarks, supposedly--we continually are told--is because 
we're not going to let these faceless bureaucrats at Federal agencies 
decide where to spend our money. Yet we're saying that they can't make 
those decisions but they can carry out the earmark. I can tell you why 
it's done and why you will have both the minority and the majority in 
this House today on the Appropriations Committee oppose this amendment. 
It's because if you look in the ag amendments this year, 64 percent of 
the money, of the share of earmarks, 67 percent of the dollar value are 
going to either appropriators or powerful Members, either chairmen or 
ranking minority members of committees.

                              {time}  2145

  This is fairly consistent across all the appropriations bills we will 
do this year. It is a spoils system. That may be a pejorative way to 
say it, but I don't know how else to say it when 64 percent of the 
earmarks in this legislation will go to about 24 percent of the Members 
in this body. We continually say, like I said, that these faceless 
bureaucrats shouldn't be deciding where our money goes. If you are a 
rank-and-file Member in this House, I would take my chances with a 
faceless bureaucrat because you would probably fare better than you 
would before the Appropriations Committee. And this is how it is year 
after year after year.
  Gratefully, we know it now because we have enough transparency where 
we know who is requesting the earmark. But this isn't right, and there 
are other worthy projects that might deserve this funding, but because 
a powerful Member is able to request it, then it goes there. And this 
is, I think, the fourth time that money has been appropriated for this 
project, which, according to the Web site of the requesting Member, the 
project has been completed. So I'm not sure exactly where the money is 
going if the project has been already completed. I guess it is starting 
again.
  With that, I reserve the balance of my time.
  Ms. DeLAURO. How much time remains, Mr. Chairman?
  The CHAIR. The gentlewoman has 2\1/2\ minutes.
  Ms. DeLAURO. The funding, just to address that, enables those who 
have worked on the project to continue their successes. Look, I do not 
pretend to be a scientist, and I would not pretend to tell the 
scientists how to pursue their research. Quite frankly, coming from the 
subcommittee in which I serve on Labor, Health and Human Services and 
Education, where we do provide funding for the National Institutes of 
Health, we do not--again, I'm not a scientist. We do not tell them how, 
where, and what to focus the resources on or a particular illness.
  As is often the case, research will uncover other discoveries. Look, 
I will give you a very good example. There is research that has been 
done with Taxol, which is at the NIH, which was presumed to be 
effective in helping women who were suffering fourth-stage ovarian 
cancer, which is a time when it is almost irreversible. But as 
researchers began to develop research on Taxol, they began to find that 
its properties were also useful for breast cancer and other types of 
cancers. So what research does is it opens up a whole variety of 
avenues, and that is where discoveries are made.
  I think we should leave these kinds of efforts to the scientists. 
This project is producing, and it will continue to produce with the aid 
of this funding, peer-reviewed research. My colleague and I believe 
this will be of great benefit.
  Once again, as I say, we have been very open. There has been a great 
deal of scrutiny that has gone into this process this year. There have 
been new requirements that Chairman Obey put into practice to continue 
our efforts to ensure that the appropriations process is open, that it 
is transparent, and that it is worthy of the public's trust. In terms 
of vetting each request with the agency under whose jurisdiction the 
earmark would fall, there has been public disclosure on Members' Web 
sites, and the committee made earmark lists available after the 
subcommittee consideration on the bill on June 11, nearly 4 weeks ago. 
And as indicated in our report, the funding earmarks in the Agriculture 
appropriations bill in 2008, 2009, were well below 2006.
  The CHAIR. The time of the gentlewoman has expired. The gentleman 
from Arizona has 30 seconds.
  Mr. FLAKE. I agree with the gentlelady when she says there is more 
transparency in the system now. That is true. That is a good thing. But 
we haven't drained the swamp. We simply know how deep the mud we are 
now in is. That is the problem. And the problem is when we trust the 
Federal agencies to carry out an earmark like this but we don't trust 
them to direct it.
  We should set parameters. We should tell the Federal agencies, Here 
is how you should distribute the money, instead of saying, All right, 
I'm a powerful member of the Appropriations Committee or of leadership 
and I'm going to direct that money to my district.
  I urge support of the amendment, and I yield back.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Arizona will be postponed.


              Part D Amendment No. 4 Offered by Mr. Flake

  Mr. FLAKE. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part D amendment No. 4 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``National Institute of Food and Agriculture--
     Research and Education Activities'' shall be available for 
     the special grant for the Agriculture Energy Innovation 
     Center in Georgia, and the aggregate amount otherwise 
     provided under such heading (and the portion of such amount 
     specified for special grants) are each hereby reduced by 
     $1,000,000.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from 
Arizona (Mr. Flake) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, this amendment would remove $1 million from 
the University of Georgia's Agricultural Energy Innovation Center, 
located in Tifton, Georgia, and reduce the overall cost of the 
legislation by a commensurate amount. According to the sponsor's Web 
site, this funding

[[Page 17132]]

would be used to advance farm efficiencies by coupling advanced 
information communication and control technologies with improved plant 
materials, byproducts use and energy capture and conversion techniques.
  That sounds pretty impressive. I'm sure a lot of that is going on. 
The sponsor states this earmark is a good use of taxpayer dollars 
because the research and the demonstration project will facilitate the 
rapid advancement of new tools to increase the net production of energy 
from agriculture.
  There is a lot of this going on around the country. We have 
appropriated a lot of money in a lot of bills to do this kind of thing, 
and it just strikes me as folly to, in a bill like this, just to be 
able to direct money for a Member to say, All right, the university in 
my district is going to get this research money. They won't have to 
compete for it on merit. They won't have to compete for it because I'm 
going to earmark it, and they are going to get it when maybe a 
university elsewhere, the University of Nebraska, the University of 
Minnesota or University of Arizona, might want to compete for that 
project but they can't because the money is earmarked and it goes 
specifically to this university.
  With that, I reserve the balance of my time.
  Mr. KINGSTON. Mr. Chairman, I claim time in opposition.
  The CHAIR. The gentleman from Georgia is recognized for 5 minutes.
  Mr. KINGSTON. I thank the gentleman for bringing this amendment to 
the floor. As one who is very involved in this earmark, I now have the 
opportunity to discuss it in detail. This is a program that works on 
future food production and technology by decreasing the cost of 
production and looking at ways to have some fuel independence. But what 
I wanted to emphasize to the gentleman, as he doesn't seem to have a 
problem with the merit of the project as much as the process of 
directing it to the University of Georgia, and I want to point out that 
the University of Georgia is a land grant university with one of the 
oldest agricultural colleges in the country. And they do compete for 
competitive grants on a regular basis, and they do get competitive 
grants. When they have put skin in the game, Congress has, in fact, not 
just for the University of Georgia, but for a lot of universities, put 
some matching money in it.
  Now, in this case, the money is really not matching as the college 
itself has already put in about $5 million. And they have been working 
on this over the years, but they have gotten $500,000 from private 
foundations in 2010 and 2011. They will get $800,000 from private 
foundations. And then they have State money, and then they have 
university money in it. So it is not something where the $1 million is 
a new start-up for a program that is not out there. It is something 
that they have been going after.
  Here is something from the State of Georgia, the Agriculture Energy 
Innovation Center, which we call GEFA. It is a letter in support of it, 
and of course, we do have something from the university itself 
supporting that the goal is in line with what colleges of agriculture 
and land grant universities do. But that is why the money went to the 
University of Georgia, and the Tifton campus is where they do much of 
their agricultural research.
  I would invite the gentleman to come down and visit sometime and let 
me explain why the good people of Arizona should fund something like 
that in the State of Georgia, because often it is, well, why should 
everybody in the country support something that is going to a 
particular State? But when the end product is something that will help 
the whole Nation, that is what happens.
  It is precision agriculture. One of the problems we have right now 
down on the farm is that you've got a lot of groups who are saying, All 
right, you're causing too much pollution. You're overfertilizing. 
You're using too much energy.
  So, what we have here is a land grant university addressing those 
very issues which will not be proprietary in their results. It will be 
something that is shared throughout the Nation for other farmers to 
say, Now, look, here is how you can do it using high technology, using 
precision agriculture, saving lots of money and utilize those 
techniques all over the country.
  With that, I will reserve the balance of my time.
  Mr. FLAKE. According to the Georgia Department of Economic 
Development, Georgia currently has over $2 billion worth of active 
renewable energy-related products and is a leader in the bioenergy 
revolution. I have no doubt that that is true. And because that is true 
and because if this Agriculture Energy Innovation Center truly has 
merit, then they should be able to compete for these grants with other 
land grant colleges, with other universities, and with other 
organizations that are doing this same research.
  My question is why, if you have such a deserving, respectable program 
like this, why do we need to earmark these dollars at all? Surely they 
can compete for it and do well. But why do we circumvent the process of 
competition simply because we are on the committee or we are a powerful 
chairman or a ranking minority member or somebody who can get this 
funding and earmark it so that nobody else can compete for it? That 
simply doesn't make sense.
  If we don't like the way that the agencies are disbursing this money, 
then, by golly, we ought to address it. That is our job as Members of 
Congress. We have the power of the purse. But, instead, to say we don't 
like how that faceless bureaucrat is going to direct the spending so we 
are going to create a parallel process in Congress where we can just 
circumvent the process and earmark that money for our own university, 
that is simply not right, and it has gotten out of hand in this 
Congress.
  Some people will point out that this year earmarks are down in this 
bill. That is a great thing, but they are not down far enough. We need 
a process that is competitive, that is based on merit and not based on 
the spoils system.
  Again, I repeat, in this bill, 24 percent of the Members of this body 
will control more than two-thirds of the money that is directed through 
earmarks. Now, that is not because there is more merit in those 
programs. It is because we have powerful Members in those positions. 
And you can't make the argument that, oh, this is a land grant college 
or this is a deserving institution. If they were, they could compete 
for those dollars. But instead, we are circumventing that process of 
competition and awarding by earmark through the political process. 
Particularly when we have the kind of deficit that we have today, this 
legislation would strike this funding and reduce the cost of the bill 
by a commensurate amount.
  How can any fiscal conservative say that we don't want to do that in 
this year when we are running a deficit that could reach $2 trillion? I 
would say it is time. And if we can't do it here, where will we do it?
  With that, I reserve the balance of my time.
  Mr. KINGSTON. Mr. Chairman, how much time is left?
  The CHAIR. The gentleman from Georgia has 90 seconds remaining.
  Ms. DeLAURO. Will the gentleman yield?
  Mr. KINGSTON. I yield to the gentlewoman from Connecticut.
  Ms. DeLAURO. Very quickly, I just want to tell the gentleman from 
Georgia that I will join him in urging a ``no'' vote on this amendment.
  Mr. KINGSTON. I thank the gentlewoman.
  And I want to say to my friend, number one, I am working on a number 
of amendments that we have offered in the subcommittee and in the full 
committee. Some were accepted, some were not. I have one that we will 
be discussing in a few minutes, a $400 million reduction in the 
spending in this. And I have to say, it kills me to say this just 
about, but I have to hand it to the Democrats. In 2006, this bill had 
$865 million worth of earmarks. Today's bill has $219 million. And I 
know the gentleman will say that is still too many,

[[Page 17133]]

but one of the things that is real important is that there has been a 
reduction in earmarks.
  In 2008, this bill had 623 earmarks, now it has 321. And it is still 
too much, but one of the things we still hear often is the proverbial 
Defense Department's $500 hammer. Well, that is because there are so 
many problems in defense procurement. But it is the same in all 
branches of government. So I don't think that Congress should just 
blindly turn everything over to bureaucracies who are going to come up 
with competitive grant programs. I do think it is proper for Congress 
to have a role in congressionally directed spending. But I want to 
emphasize that of a $5 million project, the University of Georgia has 
come up with $4 million, so they have put their skin in the game.
  With that, I will yield the balance of my time.

                              {time}  2200

  Mr. FLAKE. May I inquire as to the time remaining.
  The CHAIR. The gentleman from Arizona has 1\1/2\ minutes remaining.
  Mr. FLAKE. I am glad to hear the gentleman is introducing an 
amendment later that will save $400 million. I will gladly vote for the 
gentleman's amendment. I hope we will vote for mine.
  We need to not only save $400 million; we need to save another 
million here. Why not, if it will reduce the cost of the bill by a 
commensurate amount, why wouldn't we take every opportunity to lower 
the deficit that we have and to pay down the debt?
  We are in an awful fix here, and we are digging deeper and deeper 
with a bill like this that increases the overall spending by, I think, 
12 percent from last year to this. Why not take every opportunity to 
cut the spending.
  This is an opportunity. I plan to vote for every amendment that will 
cut any funding from this bill. But, please, if we have an opportunity 
here to cut $1 million, I would hope that we would do so.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Arizona will be postponed.


              Part D Amendment No. 12 Offered by Mr. Flake

  Mr. FLAKE. I have an amendment at the desk designated as part D No. 
12.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part D amendment No. 12 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``National Institute of Food and Agriculture--
     Research and Education Activities'' shall be available for 
     special grants for Potato Research in Idaho, Oregon, and 
     Washington, and the aggregate amount otherwise provided under 
     such heading (and the portion of such amount specified for 
     special grants) are each hereby reduced by $1,037,000.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from 
Arizona (Mr. Flake) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. This amendment would remove slightly more than $1 million 
for potato research in Idaho, Oregon, Washington, and it would reduce 
the overall cost of the bill by a consistent amount.
  Now, if you like earmarks, then this spud's for you, I guess. But if 
you don't, and if you think that we need to save some money somewhere, 
then I would urge support for this amendment.
  According to one of the sponsors of the earmark, the potato industry 
generates about $3.4 billion throughout the State of Washington. In 
Idaho, the potato industry contributes nearly half a billion dollars in 
wages. Potato sales equal about $7 billion annually.
  According to the USDA, last year potato farmers received nearly $3.9 
billion for their crop. Now, how is it that this industry that receives 
billions of dollars a year isn't expected to invest in its own 
research? I know that it does some, but why are the taxpayers year 
after year ponying up more money to a $7 billion industry? This is a 
drop in the bucket to the industry, but a million dollars is a lot of 
money to the average American family.
  According to one of the sponsors' Web sites, every dollar invested in 
potato research yields a $39 return. I would submit that for those of 
us who believe in the free market, that any dollar invested that yields 
a $39 return, then private industry will do well investing in its own 
research. We don't have to ask the taxpayer to pile on.
  Potatoes were first introduced in the United States in the 1600s. 
They are now the fourth largest food crop in the world. They have 
sustained nations in time of famine due to their ability to survive in 
many climates, and they are inexpensive to harvest. Seventy-nine 
percent of U.S. households consume potatoes at least 1.8 times a week. 
I am included in that number.
  I just don't know why we are asking, again, the taxpayer, to fund 
research over and over and over again for an industry that can clearly 
support itself here.
  With that, I reserve the balance of my time.
  Mr. KINGSTON. Mr. Chairman, I claim the time in opposition.
  The CHAIR. The gentleman from Georgia is recognized for 5 minutes.
  Mr. KINGSTON. With that, I will yield 2\1/2\ minutes to the gentleman 
from Washington (Mr. Hastings).
  Mr. HASTINGS of Washington. I appreciate the gentleman yielding.
  I do admire my friend from Arizona. His persistence on this is 
absolutely incredible, and I share a lot of the goals that he is trying 
to accomplish.
  I really think that the gentleman's problem is not so much with 
individual programs and maybe his problem is with the Ag-Research 
Service, and maybe the gentleman ought to introduce a bill to get rid 
of the Ag-Research Service, and that would probably take care of all 
the underlying problems.
  But the point is the Ag-Research Service has been involved in 
research of a number of crops, including potatoes, for a number of 
years. This does go to the Northwest. Fifty percent of the potatoes 
that are grown in the United States are grown in Idaho, Washington and 
Oregon. There are three State universities that are involved. 
University of Idaho, Washington State University and Oregon State 
university submit funds for this research with these matching dollars.
  In addition, the potato commissions in each of those respective 
States match those dollars. And as a result, we have developed 
varieties of potatoes now that are more disease resistant. I think the 
tonnage, for example, in the last 50 years has increased greatly in 
Washington State because of the new varieties, potatoes they have 
brought on the market. In fact, 100,000 acres are these new varieties 
that people may or may not like.
  And, again, the issue is, okay, maybe we shouldn't have any research 
at all in government funded. That's another debate. And the gentleman 
had mentioned that only powerful Members of Congress, you know, get 
these earmarks. I would mention to the gentleman, before I came to 
Congress 15 years ago, this program was in existence and the funding 
this year is precisely level with last year. This is not new funding.
  So I would suggest to the gentleman that in this case, with potatoes, 
they are not a program crop.
  The CHAIR. The time of the gentleman has expired.
  Mr. KINGSTON. I yield the gentleman an additional minute.
  Mr. HASTINGS of Washington. When potato farmers go out and plant 
their crops, they are probably the biggest gamblers in the world. And 
yet they don't mind putting some of their hard-earned cash when they 
make a profit into this research, because that may make them an even 
bigger gambler next year with one of their varieties.

[[Page 17134]]

  So I respect the gentleman with what he is trying to do, but his 
issue may not be with individual crops. And this amendment goes to an 
individual crop in my area. Maybe his issue is with Ag-Research Service 
in general, that's a matter for another debate.
  Mr. FLAKE. My issue is with overall spending, one; two, is with the 
need to earmark. If this funding is receiving earmarks, basically, 
about a million dollars a year, when clearly you have an industry that 
is capable of funding its own research, now, I agree with the 
gentleman's point about this isn't one of the program crops; it's not 
wheat not corn. It's not a crop that gets massive subsidies under the 
farm bill. We shouldn't be doing those subsidies.
  But two wrongs don't make a right. We shouldn't say, well, hey, we 
are subsidizing those, so we ought to bring some subsidy over here as 
well. The truth is we can't afford either of them now. We have a 
deficit of nearly $2 trillion this year. When I came to this 
institution just 8 years ago, our entire Federal budget was just around 
$2 trillion. Now we are going to have a deficit that equals that 
amount.
  Can't we in this year at least say, you know, maybe we ought to cut 
back on potato research just a little. Maybe we ought to cut back on 
other earmarks in this bill because we are simply adding to the debt, 
adding to the deficit more than we can take.
  So it's not just that I have an issue with agricultural research 
spending, but I do have an issue with the way it's allocated. Because, 
as I have already demonstrated, this is awarded based on a spoils 
system.
  When just 14 percent of the Members in this body, those who are 
represented on the Appropriations Committee, direct more than half of 
the earmark spending in this bill, you have got a spoils system. I 
don't know what else to call it.
  And that's one issue with this bill and why I am offering these 
amendments. And, two, if we don't like the way the Federal agencies are 
doing it, then we should direct them to do it differently. We should 
set parameters, but we shouldn't set up a parallel system and say, you 
award it that way, but we are going to direct ours this way.
  I reserve the balance of my time.
  Mr. KINGSTON. I yield 1 minute to the gentleman from Oregon (Mr. Wu).
  Mr. WU. I thank the gentleman.
  And the reason why the gentleman from Arizona's amendment makes no 
sense at all is because the free market underinvests in public goods, 
public goods like education, like roads and research. The market will 
not put enough money into research, and the potato research program 
that Mr. Flake's amendment intends to cut has been highly successful in 
a multi-State effort in order to develop new commercial potato 
varieties.
  The potatoes released from this program account for about 16 percent 
of current production. And the program not only creates new potato 
varieties for consumers; it also improves the nutritional value of 
potatoes and increases crop yields. In addition, this project provides 
significant environmental benefits, including reduction in the need for 
pesticides, water and fertilizer; and it fits into our overall goal of 
reducing energy consumption and increasing our production of the goods 
and services that we need.
  Mr. FLAKE. I find it a curious assumption that the free market will 
not invest in research when one of the sponsors' Web sites, as I 
mentioned, states that every dollar invested in potato research results 
in a $39 return.
  Now, any, any hedge fund, any investor of any type.
  Mr. WU. Will the gentleman yield?
  Mr. FLAKE. You bet, sure.
  Mr. WU. The reason why the free market will underinvest, even though 
given that rate of return, it's whoever pays for the research doesn't 
reap the benefits. It's a public good. It's a basic of capitalist 
economic theory which the gentleman should understand.
  Mr. FLAKE. I don't understand. I am sorry. If the return on 
investment, if the potato industry gets a return on an investment of 
$39 for every dollar returned, then it does reap some of the benefits. 
Yes, that potato is a public good, but it's also a private profit, 
unless we have socialized potato farming here, and I don't think we 
have.
  The CHAIR. The time of the gentleman has expired.
  Mr. FLAKE. I urge support of the amendment.
  Mr. KINGSTON. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman 
from Washington (Mrs. McMorris Rodgers).
  Mrs. McMORRIS RODGERS. I appreciate the gentleman yielding and I do 
want to speak in opposition of this amendment, although I do support 
the gentleman from Arizona's effort to shine the late of day on 
spending, and I think that these debates are very important as we are 
making these decisions.
  As has been mentioned, the funding in this bill does go for ongoing 
agricultural research, potatoes specifically in this amendment, and it 
does have a significant impact on the economy for the State of 
Washington and the Pacific Northwest. The ability of potato farmers to 
keep potato crops healthy and disease free, especially given the 
constant change in weather conditions and the arrival of new pests and 
disease, is an ongoing battle.
  Yet through breeding research and variety development, potato growers 
have access to critical research that enables them to identify the 
strongest varieties for growth, production, storage and processing. 
Like most of us here, I am concerned about out-of-control spending. But 
I am also concerned about these tough economic times, and we should 
support measures that are going to grow the economy. This research does 
exactly that.
  I urge my colleagues to vote ``no.''
  Mr. LARSEN of Washington. Mr. Chair, I rise in opposition to the 
Flake amendment to cut potato research.
  Potatoes are an important part of our national diet and potato 
farming is an important part of our national economy.
  The $1 million included in this bill for Potato Research goes 
directly to developing potato varieties that provide profitable, 
sustainable production for the grower, and a healthy, inexpensive food 
supply for American consumers.
  In Skagit County in my district, over 13,000 acres are devoted to 
potatoes.
  However, late blight disease is a constant threat to my local 
farmers, and growers use the research provided them by this program to 
minimize their losses.
  Washington state is second only behind Idaho in potato production in 
the country producing over 9 billion pounds of potatoes every year.
  The economic value of the potato industry to Washington is 
approximately $3.5 billion supporting nearly 20,000 farming jobs. These 
jobs can be found across our state, and it is critical that we protect 
them.
  The potato breeding program in the Pacific Northwest, the target of 
this amendment, is a partnership among the USDA Agricultural Research 
Service, the University of Idaho, Oregon State University, Washington 
State University, and the potato commissions of the three states.
  For every dollar invested in the Northwest Tri-State Potato breeding 
program, a value of $39 results in improved quality and increased 
production.
  Mr. Chairman, this funding is important to my district, my state, and 
our country--and I urge a ``no'' vote on this amendment.
  Mr. KINGSTON. Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Arizona will be postponed.


             Part B Amendment No. 7 Offered by Mr. Kingston

  Mr. KINGSTON. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 7 offered by Mr. Kingston:
       Page 74, after line 22, insert the following:
       Sec. ___.  None of the funds made available in this Act may 
     be used to administer, or pay the salary or expenses of 
     personnel for

[[Page 17135]]

     the administration of, the provision of broadband loans or 
     loan guarantees made using authorities under this Act on or 
     before September 15, 2010.

  The CHAIR. Pursuant to House Resolution 609, the gentleman from 
Georgia (Mr. Kingston) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. KINGSTON. Mr. Chairman, for many years the funding level for 
broadband programs or Rural Loan Program was handled by the Rural 
Utility Service in the Department of Agriculture. That funding was 
about $400 million. With the stimulus package that we passed in 
February, $790 billion package, there was about $7 billion for 
broadband grants and loan programs.
  Two and a half billion of that money went to the Department of 
Agriculture, and the rest went to a brand-new program which really did 
the same thing and duplicated what is done in the Department of 
Agriculture. It all should have gone there. But if you think about a 
program going from 400 million to about 7 billion, that's not a plus-
up. That's winning the lottery.
  Now, I can only focus on $2.5 trillion, and you can't even do that 
because that's already in the stimulus bill already passed into law, 
but we can't focus on the $400 million.

                              {time}  2215

  What this amendment does, and frankly if I could have offered a 
cleaner amendment, I would have just had a straight cut of the $400 
million. But what this does, it is similar; it says you can't use the 
$400 million that is in this until we have used the $2.5 billion that 
has already been passed into law.
  The reason why that is important is when the stimulus bill was 
passed, there was so much talk about we are going to use this money 
immediately, shovel-ready projects, jobs will be created. And as we 
know, that was when the unemployment level was 8 percent and now it is 
nearly 10 percent. It has not stopped the bleed and job loss. But the 
fact is that $2.5 billion is still sitting there, and yet we are coming 
along now and giving another $400 million.
  What this amendment says is we can't use the $400 million until the 
$2.5 billion is paid down. I urge support of the amendment.
  I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I claim the time in opposition.
  The CHAIR. The gentlewoman from Connecticut is recognized for 5 
minutes.
  Ms. DeLAURO. Mr. Chairman, rural broadband connects people and 
communities, gives them access to information on everything from health 
and housing and education to public safety and economic development. It 
also gives people access to opportunity.
  As the Internet continues to grow and develop, and as it plays a 
larger and larger role in driving our 21st century economy, we simply 
cannot afford to let rural areas languish behind the rest of the 
country.
  An earlier generation of leaders used Federal investment to help wire 
rural areas for electricity. What we are trying to do is give citizens 
in rural areas the tools they need to compete and excel in this 
economy.
  By prohibiting funds from being used to administer or pay the salary 
of personnel who would administer USDA's broadband loans, the 
gentleman's amendment would gut this critical program at a time when we 
need to redouble our efforts in this area.
  Let's be clear. In proposing to stop the administration of loans, the 
gentleman is also asking Congress to stop critical oversight and 
monitoring of existing borrowers, functions that the government cannot 
afford to lose, especially if we are to ensure that taxpayers' dollars 
are well spent.
  No one can deny the need to expand access. The United States is 
currently 15th in the world in providing broadband service. Only 38 
percent of those living in rural America now have broadband at home, 
compared to 55 percent of all adult Americans. In rural communities, 24 
percent of dial-up users said broadband wasn't available where they 
lived, more than 7 times those in cities.
  This is not a partisan issue. There is unanimous support for 
increased broadband service to rural communities. Few people disagree. 
Expanding broadband is the type of Federal program that cannot only 
connect rural areas to the global community, but also generate great 
growth in rural America and pay very big dividends for our Nation.
  The bill makes important investments in rural broadband, provides 
$418 million for broadband loans and grants. It includes an 
appropriation of $81.6 million, an increase above $18 million of the 
amount available for 2009.
  It includes distance learning. The funding is there for distance 
learning and telemedicine grants, for broadband telecommunications loan 
subsidy. This is an investment that requires national leadership, which 
is why we included a significant amount in the recovery program. It was 
$2.5 billion to rural utility services and more than $7 billion in 
total. There is already a substantial demand for the funding. The 
funding increases in this legislation help to build on the investment 
that was made in the Recovery Act, and it will help us to realize a 
strong economic return. For every dollar invested in broadband, the 
economy sees a tenfold return on that investment.
  As the Farm Bureau noted regarding new investments in broadband, the 
$7.2 billion allocated for broadband will help rural communities 
participate in a recovering economy, while modernizing rural education 
and health care. It creates an economic opportunity for rural 
Americans, allows farmers and ranchers to take advantage of the 
technology to help them remain profitable and competitive.
  I do not think this is the time to be gutting this program, 
particularly given the delicate state of our economic recovery. We need 
to do everything we can right now to promote rather than stifle 
economic innovation in small towns. I urge my colleagues to oppose the 
Kingston amendment.
  I reserve the balance of my time.
  Mr. KINGSTON. Mr. Chairman, I want to say to my friend, the 
chairwoman of the committee, that is a very eloquent argument for the 
use of a broadband loan program, but it has nothing to do with this 
amendment because the broadband loan program is not under trial here.
  But let me explain it this way to the Members who are not on the 
committee. I love going to Ryan's, and they probably have Ryan's in 
Connecticut, but Ryan's is one of those all-you-can-eat buffets. You go 
through the line and there is fried chicken and there is fried fish, 
and fried catfish, probably imported, who knows? There are all kinds of 
vegetables and desserts. You go through and you fill your plate up, and 
then you are allowed for the $8 price to go back and get some more 
food.
  Well, let's just think going through the line was the stimulus 
program, Mr. Chairman. We filled up our plates, and I often found 
myself as a father of four saying to my kids, you can't go get more 
food until you finish what is on your plate. It just makes sense. Go 
ahead and eat the four pieces of fried chicken that you got before you 
go and grab another one that you don't have and you don't need. That is 
all this amendment is. It is not a trial of broadband. Broadband is 
funded by $2.5 billion under the RUS in the USDA under existing law, 
period. So $2.5 billion.
  And all I am saying to the oftentimes gluttonous government here in 
Washington, D.C., is, don't go back through the buffet line until you 
have consumed what you've got. And when you have emptied that plate, 
then you can go back and get that fifth piece of fried chicken in the 
form of $400 million for broadband loans. At that point I don't know 
who we will be loaning the money to because, as I said earlier, there 
is another $3.5 billion in another program in another department. But 
that, too, is a matter of law, and that is not under scrutiny either.
  The only thing I am saying is what I have said to my four children 
over the years when we would go to the Ryan buffet: Don't get more food 
on your plate until you finish what you've got. I urge support of this.

[[Page 17136]]

  I reserve the balance of my time.
  Ms. DeLAURO. Mr. Chairman, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Chairman, this amendment would be very much against the 
interest of rural America. There is no community in this country that 
will have a decent economic future if they cannot be competitive by 
being attached to modern technology, and that certainly includes 
broadband.
  The gentleman has mentioned the economic recovery package and the 
funds that have been appropriated there, and he has made much of the 
fact that that money has not gone out. We are only 4 months into a 
program that is supposed to last 30 months, and so I urge the gentleman 
to wait a few months to see what happens on that project. I think you 
will see money moving out.
  The only other point I would make is this: If you think there is too 
much money for broadband in the budget, the worst place in the world to 
take it out of is the USDA. When this program was first proposed in the 
stimulus package, the Obama administration proposed putting all of the 
money in the Commerce Department. People like me objected because we 
know the history of rural America. We understand why REAs had to be 
created to go into rural areas because the big power companies wouldn't 
bother, because they couldn't make enough money going into rural areas. 
It's the same score now. Your big companies don't want to go into rural 
areas without subsidy on broadband. The fact is you can trust the 
Agriculture Department to focus much more on the needs of rural America 
than you can the Commerce Department. That's why we put the additional 
money in. And to take $400 million out of the Agriculture Department 
now would be a major mistake if you care about the future economic 
health of rural America.
  Ms. DeLAURO. I thank the gentleman.
  You know, I think this is truly about the economic revitalization of 
a part of the country that has been so sorely lacking, and the 
application process--
  The CHAIR. The time of the gentlewoman has expired.
  Mr. KINGSTON. Mr. Chairman, I yield 10 seconds to my friend to finish 
her sentence.
  Ms. DeLAURO. Well, I was just saying that the process on the economic 
recovery package, the application process is underway. It began at the 
beginning of this month. That money is going out. The demand is up for 
broadband. Let's give rural America a fighting chance.
  Mr. KINGSTON. Let me say this, representing a very rural district, a 
district where you can't get cell phone coverage, and a lot of the 
wireless technology is in already, I support what is going on. I agree 
with the chairman; it would have been nice for all of the money to go 
into RUS and not the Department of Commerce because it was an existing 
infrastructure for making this loan program.
  The only thing I am saying is you don't get the new money until you 
have spent the existing money.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Georgia (Mr. Kingston).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. KINGSTON. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Georgia will be postponed.
  Ms. DeLAURO. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Ms. 
Kosmas) having assumed the chair, Mr. Snyder, Chair of the Committee of 
the Whole House on the state of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 2997) making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2010, and for other purposes, had come to no 
resolution thereon.

                          ____________________




     APPOINTMENT OF MEMBERS TO HOUSE OF REPRESENTATIVES PAGE BOARD

  The SPEAKER pro tempore. Pursuant to 2 U.S.C. 88b-3, and the order of 
the House of January 6, 2009, the Chair announces the Speaker's 
appointment of the following Members of the House to the House of 
Representatives Page Board:
  Mr. Kildee, Michigan
  Ms. DeGette, Colorado

                          ____________________




                COMMUNICATION FROM THE REPUBLICAN LEADER

  The SPEAKER pro tempore laid before the House the following 
communication from the Honorable John A. Boehner, Republican Leader:

                                    Congress of the United States,


                                     House of Representatives,

                                                     June 2, 2009.
     Hon. Nancy Pelosi,
     Speaker, U.S. Capitol,
     Washington, DC.
       Dear Speaker Pelosi: Pursuant to 2 U.S.C. 88b-3, amended by 
     section 2 of the House Page Board Revision Act of 2007, I am 
     pleased to re-appoint the Honorable Rob Bishop of Utah and 
     the Honorable Virginia Foxx of North Carolina to the Page 
     Board. Both Mr. Bishop and Mrs. Foxx have expressed interest 
     in serving in this capacity and I am pleased to fulfill their 
     requests.
           Sincerely,
                                                  John A. Boehner,
     Republican Leader.

                          ____________________




    REAPPOINTMENT AS MEMBERS TO HOUSE OF REPRESENTATIVES PAGE BOARD

  The SPEAKER pro tempore. Pursuant to 2 U.S.C. 88b-3, amended by 
section 2 of the House Page Board Revision Act of 2007, and the order 
of the House of January 6, 2009, the Chair announces the Speaker's and 
minority leader's joint reappointment of the following individuals to 
the House of Representatives Page Board for a term of 1 year, effective 
July 8, 2009:
  Ms. Lynn Silversmith Klein of Maryland
  Mr. Adam Jones of Michigan

                          ____________________




                           HEALTH CARE DEBATE

  (Mr. BLUNT asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. BLUNT. As we approach this debate on health care, there are 
Republican principles that have been out there a long time that are 
going to be followed this week by legislation. One of those principles 
is to ensure that medical decisions are made by patients and doctors, 
not by government bureaucrats.
  I am going to insert in the Record an article from yesterday's Wall 
Street Journal. The title is ``Of NICE and Men,'' NICE being the 
National Institute for Health and Clinical Excellence in Great Britain. 
And this article talks about what happens when you have rationed care.
  Great Britain has one of the lowest survival rates in Europe from 
cancer. And in Europe generally, if you compare Europe to the United 
States, breast cancer survivors, 84 percent in the United States, 73 
percent in Europe; prostate cancer survivors, 92 percent in the United 
States, 57 percent in Europe.
  People need to have more choices, not less choices. We need a more 
competitive marketplace, not a less competitive marketplace. A 
government competitor will drive away all other competitors. That will 
be a critical part of this debate.

              [From the Wall Street Journal, July 7, 2009]

                            Of NICE and Men

       Speaking to the American Medical Association last month, 
     President Obama waxed enthusiastic about countries that 
     ``spend less'' than the U.S. on health care. He's right that 
     many countries do, but what he doesn't want to explain is how 
     they ration care to do it.
       Take the United Kingdom, which is often praised for 
     spending as little as half as much per capita on health care 
     as the U.S. Credit for this cost containment goes in large 
     part to the National Institute for Health and Clinical 
     Excellence, or NICE. Americans should understand how NICE 
     works because under ObamaCare it will eventually be coming to 
     a hospital near you.
       The British officials who established NICE in the late 
     1990s pitched it as a body that

[[Page 17137]]

     would ensure that the government-run National Health System 
     used ``best practices'' in medicine. As the Guardian reported 
     in 1998: ``Health ministers are setting up [NICE], designed 
     to ensure that every treatment, operation, or medicine used 
     is the proven best. It will root out under-performing doctors 
     and useless treatments, spreading best practices 
     everywhere.''
       What NICE has become in practice is a rationing board. As 
     health costs have exploded in Britain as in most developed 
     countries, NICE has become the heavy that reduces spending by 
     limiting the treatments that 61 million citizens are allowed 
     to receive through the NHS. For example:
       In March, NICE ruled against the use of two drugs, 
     Lapatinib and Sutent, that prolong the life of those with 
     certain forms of breast and stomach cancer. This followed on 
     a 2008 ruling against drugs--including Sutent, which costs 
     about $50,000--that would help terminally ill kidney-cancer 
     patients. After last year's ruling, Peter Littlejohns, NICE's 
     clinical and public health director, noted that ``there is a 
     limited pot of money,'' that the drugs were of ``marginal 
     benefit at quite often an extreme cost,'' and the money might 
     be better spent elsewhere.
       In 2007, the board restricted access to two drugs for 
     macular degeneration, a cause of blindness. The drug Macugen 
     was blocked outright. The other, Lucentis, was limited to a 
     particular category of individuals with the disease, 
     restricting it to about one in five sufferers. Even then, the 
     drug was only approved for use in one eye, meaning those 
     lucky enough to get it would still go blind in the other. As 
     Andrew Dillon, the chief executive of NICE, explained at the 
     time: ``When treatments are very expensive, we have to use 
     them where they give the most benefit to patients.''
       NICE has limited the use of Alzheimer's drugs, including 
     Aricept, for patients in the early stages of the disease. 
     Doctors in the U.K. argued vociferously that the most 
     effective way to slow the progress of the disease is to give 
     drugs at the first sign of dementia. NICE ruled the drugs 
     were not ``cost effective'' in early stages.
       Other NICE rulings include the rejection of Kineret, a drug 
     for rheumatoid arthritis; Avonex, which reduces the relapse 
     rate in patients with multiple sclerosis; and lenalidomide, 
     which fights multiple myeloma. Private U.S. insurers often 
     cover all, or at least portions, of the cost of many of these 
     NICE-denied drugs.
       NICE has also produced guidance that restrains certain 
     surgical operations and treatments. NICE has restrictions on 
     fertility treatments, as well as on procedures for back pain, 
     including surgeries and steroid injections. The U.K. has 
     recently been absorbed by the cases of several young women 
     who developed cervical cancer after being denied pap smears 
     by a related health authority, the Cervical Screening 
     Programme, which in order to reduce government healthcare 
     spending has refused the screens to women under age 25.
       We could go on. NICE is the target of frequent protests and 
     lawsuits, and at times under political pressure has reversed 
     or watered-down its rulings. But it has by now established 
     the principle that the only way to control health-care costs 
     is for this panel of medical high priests to dictate limits 
     on certain kinds of care to certain classes of patients.
       The NICE board even has a mathematical formula for doing 
     so, based on a ``quality adjusted life year.'' While the 
     guidelines are complex, NICE currently holds that, except in 
     unusual cases, Britain cannot afford to spend more than about 
     $22,000 to extend a life by six months. Why $22,000? It seems 
     to be arbitrary, calculated mainly based on how much the 
     government wants to spend on health care. That figure has 
     remained fairly constant since NICE was established and 
     doesn't adjust for either overall or medical inflation.
       Proponents argue that such cost-benefit analysis has to 
     figure into health-care decisions, and that any medical 
     system rations care in some way. And it is true that U.S. 
     private insurers also deny reimbursement for some kinds of 
     care. The core issue is whether those decisions are going to 
     be dictated by the brute force of politics (NICE) or by 
     prices (a private insurance system).
       The last six months of life are a particularly difficult 
     moral issue because that is when most health-care spending 
     occurs. But who would you rather have making decisions about 
     whether a treatment is worth the price--the combination of 
     you, your doctor and a private insurer, or a government board 
     that cuts everyone off at $22,000?
       One virtue of a private system is that competition allows 
     choice and experimentation. To take an example from one of 
     our recent editorials, Medicare today refuses to reimburse 
     for the new, less invasive preventive treatment known as a 
     virtual colonoscopy, but such private insurers as Cigna and 
     United Healthcare do. As clinical evidence accumulates on the 
     virtual colonoscopy, doctors and insurers will be able to 
     adjust their practices accordingly. NICE merely issues 
     orders, and patients have little recourse.
       This has medical consequences. The Concord study published 
     in 2008 showed that cancer survival rates in Britain are 
     among the worst in Europe. Five-year survival rates among 
     U.S. cancer patients are also significantly higher than in 
     Europe: 84% vs. 73% for breast cancer, 92% vs. 57% for 
     prostate cancer. While there is more than one reason for this 
     difference, surely one is medical innovation and the greater 
     U.S. willingness to reimburse for it.
       The NICE precedent also undercuts the Obama 
     Administration's argument that vast health savings can be 
     gleaned simply by automating health records or squeezing out 
     ``waste.'' Britain has tried all of that but ultimately has 
     concluded that it can only rein in costs by limiting care. 
     The logic of a health-care system dominated by government is 
     that it always ends up with some version of a NICE board that 
     makes these life-or-death treatment decisions. The 
     Administration's new Council for Comparative Effectiveness 
     Research currently lacks the authority of NICE. But over 
     time, if the Obama plan passes and taxpayer costs inevitably 
     soar, it could quickly gain it.
       Mr. Obama and Democrats claim they can expand subsidies for 
     tens of millions of Americans, while saving money and 
     improving the quality of care. It can't possibly be done. The 
     inevitable result of their plan will be some version of a 
     NICE board that will tell millions of Americans that they are 
     too young, or too old, or too sick to be worth paying to care 
     for.

                          ____________________




                              {time}  2230
                             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.

                          ____________________




                HONORING THE LIFE OF CAPTAIN MARK GARNER

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from North Carolina (Ms. Foxx) is recognized for 5 minutes.
  Ms. FOXX. Madam Speaker, I rise today to honor the extraordinary 
sacrifice, patriotism, and heroism of Captain Mark Garner from Elkin, 
North Carolina. Captain Garner, an officer in the 82nd Airborne 
Division, fell in the line of duty in Afghanistan Monday when a 
roadside bomb exploded under the vehicle in which he and three others 
were riding.
  Captain Garner was assigned to B Company, 1st Battalion, 4th Infantry 
Regiment, Hohenfels, Germany. Dedicated to unyielding service to 
others, he was among seven U.S. troops killed in what was described as 
one of the deadliest days for U.S. troops in Afghanistan since 2001.
  Captain Garner was an outstanding leader throughout high school, 
college, and in the United States military. He graduated from Elkin 
High School in 1997, where he excelled in sports and won several 
football, basketball, and baseball awards.
  In 2002, Captain Garner graduated from the United States Military 
Academy at West Point as a second lieutenant. He was then assigned to 
an infantry unit at Fort Bragg, North Carolina.
  Captain Garner leaves behind his loving parents and his wife, 
Nickayla. His absence leaves a hole in the hearts of the Garner and 
Myers families, the tight-knit community of Elkin, North Carolina, and 
the 82nd Airborne community.
  Captain Garner was described by his friends and family as having 
lived to serve and sacrifice for others. From a young age, he aspired 
to be a soldier. He will long be remembered as a man who knew the 
meaning of service, sacrifice, and the call of duty to his family and 
his country.
  Madam Speaker, my thoughts and prayers are with Captain Garner's 
wife, parents, and extended family. May they feel God's comforting 
presence during this difficult time.
  We pause to honor his memory and express our gratitude to his great 
bravery and profound sacrifice. Our Nation is a better place for his 
having been among us and is blessed to call him an honored son. We 
mourn his passing, and we pledge our dedication to the family he left 
behind.

                          ____________________




                                  NATO

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from California (Mr. Rohrabacher) is 
recognized

[[Page 17138]]

 for 60 minutes as the designee of the minority leader.
  Mr. ROHRABACHER. Madam Speaker, I rise tonight on the return of 
President Obama from his perhaps groundbreaking visit to Russia. I, as 
well, have recently returned from Russia.
  I was there just prior to President Obama's visit, and I rise tonight 
to discuss America's relationship with Russia, as well as our continued 
involvement in NATO, as well as today's threats of radical Islam and 
tomorrow's looming threat of a powerful Communist China.
  First and foremost, I think it's important for us to take a look at 
history, take a look at the present, and take a look at the future 
concerning America's exact positioning overseas. First and foremost, 
that would mean today that we need to look at NATO, the North Atlantic 
Treaty Organization.
  This organization, of course, if we are honest with ourselves, should 
be looked at not as an institution we should be relying on today but, 
instead, a relic of the cold war. Not only is it strategically 
irrelevant today, but it may be actually making the world less stable 
and our country less secure.
  Of course the United States needs to cooperate with other countries, 
and as such we need to reach out to potential friends in every part of 
the world, but when a relationship with another country or a group of 
countries no longer serves the goals of freedom, security and 
prosperity, when we no longer share those interests that bind us 
together as a people, we need to dissolve those relationships and seek 
different ones.
  We now have reached a point with NATO where we should take a second 
look at NATO and perhaps think about what type of relationships we can 
have in the future that would better serve our country and the cause of 
peace.
  NATO was a vital component to American security and world peace 
efforts in the late 1940s. In fact, in 1949, it was what an 
international relations theorist might call a tenet of realistic theory 
that we should form a powerful alliance to counteract the hostility of 
the Soviet Union and the threat of the expanding realm of communism, 
tyranny and militarism. That was in the late 1940s.
  It made sense to strengthen our NATO alliance during the 1950s while 
the USSR was forming its Warsaw Pact and while the fall of China to 
Communist tyrants and the Korean Wars halted the vision of a peaceful 
world that we had hoped for in the aftermath of World War II. But it is 
no longer the 1950s. The cold war is over. This is the 21st century, 
and NATO no longer serves its purposes and is, in many ways, 
counterproductive.
  Ronald Reagan's visionary leadership and the unrelenting courage of 
the American people brought an end to the USSR and the Warsaw Pact and 
also to the Berlin Wall. Eastern Europe was freed at this time. And in 
the 1990s, the Russian Federation, freed from its Soviet shackles, had 
a real opportunity to partner with the West, to embrace classical 
liberalism and free market economics. And we, of course, created this 
relic.
  NATO had a major impact in defending the peace and deterring a war 
with Russia up until this point. And let this cold warrior, who was 
very deeply involved in the cold war and supported cold war policies to 
the hilt, let me shock you by suggesting that Russia, after the fall of 
communism, attempted to embrace classical liberalism and free market 
economics. The Russian people and the Russian Government wanted to be 
part of the western community of nations. The door was open, and the 
Russians were not only willing but anxious to leave the cold war 
hostilities behind.
  Well, we squandered this historic opportunity. Worse than that, we 
let rotten elements in the West ally themselves with looters there in 
Russia who were there taking advantage of Russia's weakened and 
vulnerable condition. The Russian people, rejected and isolated when 
they expected to be partners in building a new world, sunk into deep 
despair.
  Now, it's easy, in hindsight, to look at the end of the cold war and 
to point out the mistakes that have been made since the end of the cold 
war. And it's easy to do that now because it has become clear that 
many, many mistakes were made by us and by our European allies and 
friends. Now, however, is not the time to lay blame. Now is the time to 
admit what has been wrong and to try to set things right and to push, 
as President Obama has said and Secretary of State Clinton has said, to 
push a reset button with the Russians. And, I would add, probably push 
the reset button with Russia and pull the plug on NATO. So let's look 
to the future. Let's take actions today that will overcome past 
mistakes and lead the world to a bright and prosperous future.
  Ronald Reagan used to say that the Oval Office was not his office; he 
was just a caretaker, a temporary occupant. Well, Americans today, all 
of us who are fortunate enough to live in this great country of ours, 
are merely caretakers of this place for a relatively short period of 
time. We have inherited this country from those brave freedom-loving 
souls who came before us, and we will pass it on to our children and 
our grandchildren just as it was passed on to us because that was the 
right thing to do, and those who came before us took those stands that 
were right and courageous.
  The stand today meaning, for me, that I'm making a new world for my 
children, my three small children, Anika, Tristan and Christian, who 
are now 5 years old, and will live in a country that will ensure 
liberty, justice, security, and hopefully prosperity, to its entire 
people. The decisions we make now will have long-term effects and be 
affecting my children and all the children of America today.
  Reagan gave us two decades of peace and prosperity because he did the 
right thing. The consequences of our actions since Reagan, however, are 
becoming more evident and more alarming with each passing day. We must 
have the wisdom and the courage to confront the enormous foreign policy 
challenges facing us and prevail over those forces which would, if they 
could, destroy America and would destroy our way of life.
  The national security threats before us are real and did not 
materialize out of thin air. But contrary to the dominant paradigm of 
our era, our ongoing relationship with NATO since the end of the cold 
war has not worked to our benefit, nor does it make peace, stability, 
or our Nation's security more likely.
  NATO has recently engaged in a number of operations, for example, 
around the world, from fighting the Taliban to combating pirates, but 
whether one views these missions as relatively successful or a failure, 
one can hardly look at them and not realize that the cost of our 
continued involvement in NATO certainly outweighs the benefits.
  In Afghanistan, the other 27 NATO countries sent a combined force of 
less than 5,000 troops, many in noncombatant positions. These 5,000 
troops are there as part of a coalition force. While these fighters 
from our NATO partners are heroic and are helpful, they are dwarfed in 
comparison to the number of American boots on the ground.
  The original members of NATO were the Americans, the French, the 
U.K., the Canadians, the Turks, and other European countries. Well, now 
add to that list Albania and Croatia, and others, and there is also 
talk about expanding NATO membership to other countries, smaller 
countries with little military relevance to the modern world.
  One of the primary tenets of NATO membership is that any member will 
come to the defense of any other member if attacked. But realistically, 
is the United States going to come to the aid of these other countries 
at any time, and is the reverse of that proposition worth the cost to 
us? Do we need Albania or Croatia to come to our aid if we are 
attacked? The answer is obviously no.
  And let us note that NATO's existence is unnecessary, and there is no 
strategic reason for us to stay in the alliance. And let us also admit 
that NATO can be counterproductive to the

[[Page 17139]]

peace by, for example, convincing people with territorial disputes, 
like the Government of Georgia, the United States--I think that an 
impartial analysis of what happened in Georgia is that the United 
States, through our discussions of NATO with that government, 
emboldened that government, the Government of Georgia, not to make 
compromises that were necessary for peace and stability in that region.
  But not only did they not make the compromises, they perhaps were 
emboldened to conduct a military operation. And while the people of the 
United States were told over and over again that Russia had done 
something horrible in that part of the world and confronting Georgia 
and that it was all the Russians' fault, and all kinds of language that 
was used that would make it look like Russia was doing something evil 
and villainous, but the fact is that once you took a second look at 
what happened in Georgia, Georgian troops broke a truce that had been 
carried on for 7 years. And when it broke the truce and invaded two 
parts of what had been part of Georgia--let me note, the Osselians and 
the Abkhazians, who are the two areas that did not want to be part of 
Georgia, they had never been part of Georgia historically until Joseph 
Stalin made them part of Georgia.

                              {time}  2245

  And the Georgian Government, of course, emboldened by our talks with 
them about NATO's support, broke an agreement, a truce agreement, and 
conducted a military invasion of those two breakaway regions, which 
ended up, of course, in a major loss of life and a counterattack by 
Russia on Georgia.
  Now, do we as Americans believe that we should have been involved in 
that? Does anyone believe that the United States should actually have 
Georgia as part of NATO or any of these other smaller countries in that 
part of the world as part of NATO so if there is a territorial dispute 
that we will send American troops into this far-off area and fight a 
battle perhaps with a country like Russia? Considering that this, of 
course, is in Russia's neighborhood and on the other side of the world 
from our country, that doesn't make sense. But it doesn't make sense at 
all for the United States to be in an alliance that might drag us into 
such conflicts that we have nothing to do with.
  So if Georgia wants to become part of NATO or other countries like 
that, if Albania and Croatia, countries that I am very sympathetic 
with, and, by the way, I am sympathetic with Georgia. I am sympathetic 
with Georgia's wanting to be a separate country from what was then the 
Soviet Union and later became Russia and broke away. They had my total 
support in that, just as the Kosovars in Kosovo had a right not to be 
part of Serbia. But does that mean that we are going to enter into 
agreements with Kosovo or with Georgia or any of these other countries 
saying that we will use U.S. troops as part of a NATO agreement to 
guarantee the borders that they claim? That's ridiculous. If Albania 
and Croatia, two good countries, countries I like and support, if they 
do want to become part of NATO, well, that's okay with me. But in this 
case, perhaps, if they're getting into NATO, we should be getting out 
of NATO.
  Because Americans are an open-minded people, we are more than willing 
to enter into relationships with other countries. And I am not 
suggesting isolationism, nor am I suggesting that we should not have 
bilateral agreements, perhaps even defense agreements with other 
countries. We are by our very nature networkers. Even at young ages 
people are using Facebook and Twitter, perhaps talking to friends who 
are on the Internet all over the world. And it is that sort of a sense 
of building alliances and relationships that is natural to Americans. 
We do this sort of thing at the government level too. At the outset of 
the Cold War, we saw a clear and present Soviet threat, and we went to 
work strengthening our existing relationships with friendly countries 
and building new relationships with other countries. Well, we should 
create alliances, as I said, but we need to be realistic and honest in 
our assessment of the factors that are in play.
  For whatever reason, perhaps just the lingering of Cold War attitudes 
and predispositions, Russia, which should have been a natural friend, 
Russia faces the same adversaries that the United States faces, but 
Russia has been positioned as our adversary. As I say, maybe that's a 
lingering of the Cold War mentality on our side, or maybe it's a 
lingering of the Cold War mentality on both sides that have brought us 
to this point, or maybe it's simply that we do not understand the 
Russian people and are wary about becoming their friends. But that 
would be contrary to America's personality. We are proud, and sometimes 
arrogantly so, but we are a friendly people. Whatever the reason, let 
this Cold warrior proclaim that the Russian people are a good-hearted 
people and they have the potential to be great friends to and allies of 
the United States of America. And that's us.
  There was no more fierce opponent of the Soviet Government and of 
Marxist-Leninist tyranny than I was during the Cold War. During the 
Soviet war in Afghanistan, I went there to Afghanistan and fought 
briefly along the side of Afghan warriors, the mujahideen, who were 
engaged in battle against a Soviet Army occupying their country. I 
personally was engaged in combat operations against Soviet troops 
during the Cold War. Very few people can say that.
  My chest swelled with pride every time Ronald Reagan spoke about the 
freedom for all subjugated peoples, including the Russian people, and I 
helped prepare some of those speeches that he gave as President. I was 
Ronald Reagan's speech writer for 7 years. When the President of the 
United States, Ronald Reagan, pleaded with Gorbachev to tear down the 
Berlin Wall, I was part of the team that broke through the foreign 
policy establishment's blockade that would have neutered this historic 
freedom statement even before Ronald Reagan gave it. And I cried with 
joy and retrospect when that wall finally came crashing down, hammered 
and chiseled down by freedom-loving people on both sides of that 
grotesquely evil barrier. I despised the Soviet Union because I loved 
freedom. Freedom for all people, including the Russian people.
  I was just in Russia and I met a Russian who had been active in his 
government and active in fighting for his government during the Cold 
War, and I told him, I had been your worst enemy during the Cold War. 
And he stopped me and he said, No, no. You weren't the Russian people's 
worst enemy. You were the enemy of communist tyranny, and thank God for 
that. There are many Russians today that fully understand that they 
have left communist tyranny behind and it is a wonderful opportunity 
for them now.
  But the Cold War was not a war between our people. We didn't have a 
fight with the Russian people. It was a conflict of ideologies. The 
Russian people were victimized by communism just as the people of the 
West were threatened by communism. But the Russians are a wonderful and 
a creative people. They share many personal values with us, their sense 
of humor, their love of children, of fun, of drink, of dance, and, yes, 
their reverence for God and faith that was never beaten out of them by 
atheistic communism, which held them in its grip for five decades. 
There was openness and vulnerability of these people as the Soviet 
Communist system collapsed. Yet they were vulnerable, and yet we did 
not do what was right by them.
  The Russians and the Americans share more than cultural traits. We 
now share very real common threats to our countries. And those are 
radical Islam, which is upon us, and a totalitarian China, which is 
rapidly becoming an enormously negative power in the world.
  The totalitarian Government of China is the world's worst human 
rights abuser. It is a natural enemy of the United States. It is also 
an enemy and a threat to Russia. Yet we embrace that government, the 
world's worst human rights abuser, Communist China, and we build their 
economy. We build their manufacturing base and their technological 
capabilities even

[[Page 17140]]

while simultaneously at the same time we find ways to continue 
hostilities and noncooperation with Russia. With open trade policies, 
credits, investment, and technology transfers, we run up massive trade 
deficits with China, and we haven't even been able to bring ourselves 
to officially end Jackson-Vanik economic restrictions on Russia. These 
are holdovers. The Jackson-Vanik restrictions on Russia are holdovers 
from the Cold War days. It is an insult and a sign of our own 
incompetence that we have not been able to lift the Jackson-Vanik 
restrictions on Russia. It's a joke, a cruel joke, when we even mention 
it to the Russians now after two decades of promising that these 
restrictions would be eliminated. All this, all this while we give 
China every benefit.
  Well, this relationship with Russia as well as our relationship with 
China has been wrongheaded and gravely so. China, in stark contrast to 
the great changes in Russia, where there has been political reform, 
where you have opposition parties and, yes, there are imperfections, 
but you go there and there is talk radio show complaining about 
leadership in Russia. In Russia you do have opposition parties, but, of 
course, the current party that's in power by its very nature is more 
popular because it won the election. And there were people on the 
ballot, but they were not elected. Well, there has been reform in 
Russia, although it's not perfect. It's far from perfect.
  But there has been no liberalization in China. China is not a worthy 
trading partner. China is not a worthy trading partner in any respect 
of the word, not an economic partner; and it's not a partner for peace 
nor is it a partner for world stability. China has had no reform of its 
political power structure, and it is, unfortunately, our most likely 
future enemy. Those words are very hard for me to say. They are not our 
enemy now, but it is clear that unless we have political reform in 
China, liberalization there, and the dictatorship there continues to 
grow stronger, it will be and it is today America's most likely future 
enemy. It is already a deadly economic competitor of our people, and it 
is also openly hostile to those basic values which make us Americans: a 
respect for human rights, religious freedom, the environmental 
stewardship that we have taken upon ourselves in recent years, treating 
each person with common decency. These things are not part of the 
Communist Chinese Government's agenda. In fact, they see these things 
as contrary to their basic concepts of what government should be all 
about and what their society should be all about, while we see these 
things as positive elements that should be fostered and nurtured in our 
society: human rights, religious freedom, environmental stewardship, 
prosperity, openness, opportunity.
  Because of the irreconcilable differences between the United States 
and the Communist Party apparatus in China, our current relationship 
with China has resulted in an economic and security disaster for 
America. It is time to have the courage to admit this fact, and it is 
time to reverse the poor decisions and bad policies that have made the 
world that we live in and led us to this point. If these are not 
reversed, if the policies that have led us to this point are not 
reversed, the result will be national and, yes, global catastrophe.
  Again, we are talking about government, a specific government, not 
its people. The Chinese people are hardworking, family-oriented people, 
and I have all the sympathy and respect for them in the world. They 
are, in fact, freedom's greatest ally, our greatest hope. The Chinese 
people, America's greatest hope, the American people's potentially 
greatest friends.
  The Chinese Government, however, is a loathsome tyranny, a 
dictatorial clique that has enslaved their people in that country and 
is intent on dominating the rest of it. It is a government that, as I 
speak, is shooting down Muslim Uyghurs in East Turkistan, which is that 
far region in the western provinces of China. A government that arrests 
and murders Falun Gong religious practitioners. The Chinese Communist 
Government arrests and murders these Falun Gong, and who are they? Pay 
attention, America. Who are they? The Falun Gong want nothing more than 
the religious freedom that we hold so dear. And what do they believe 
in? They believe in yoga and meditation.

                              {time}  2300

  Yet, thousands of them were picked up by the Chinese Communist 
dictatorship, thrown into prisons. And oftentimes they never come out 
of those prisons. And too often we find that what is coming out of 
those prisons where Falun Gong members have been thrown, what do we 
find is coming out of those prisons? Body parts being sold to Americans 
and other people as medical body parts. Kidneys and organs of the body 
that have been extracted from people who were put in jail for religious 
purposes and murdered. That is the type of ghoulish regime that now 
controls the country of China and the Chinese people.
  In China, there are no unions or workers' rights, there are no 
democratically created environmental standards. There are no concerns 
about human rights or considerations for the inherent dignity of all 
humankind. There is no liberty; no independent judiciary; no freedom of 
the press; no rule of law; no opposition parties; no right to criticize 
the nature of their government or to criticize the clique that rules 
it.
  For these reasons, a billion working people are held in bondage so 
that goods can be manufactured in China for far less than in the United 
States. And with the one-way free trade that we have permitted and the 
short-term profit desired by America's corporate elite, our country has 
been partners in building the Chinese economy into a monstrous threat, 
while at the same time weakening and destroying our own economic base.
  Over the last two decades we have built China from a relatively 
backwards economy into a Frankenstein monster. When I say we, I mean 
the policies of the United States government have lifted the economic 
capabilities of a country that has had no political liberalization, no 
political reform of their dictatorial system, and a country that, yes, 
is also engaged in rebuilding its military. And, yes, we have built 
this Frankenstein monster. And that monster is slowly turning on its 
creator. It is turning on us.
  We find ourselves today in an economic disaster. It is a severe 
recession. We can all feel it. It is around us. Our friends and 
neighbors and even our families are suffering. It is a Depression--
perhaps not as dire as the one in the 1930s, but it might get there. It 
is devastating. People are losing their jobs and their houses. And who 
is to blame for this horrendous situation and what can be done about 
it? The blame, dear Brutus, lies with us.
  We gave China Most Favored Nation status even though they have had no 
political liberalization. Despite our better judgment and despite the 
fact that China is a brutal dictatorship, we permitted them this 
advantageous economic relationship. We gave them this trading status 
because America's corporate elites wanted to make a quick buck for 
themselves with lots of good bonuses for the corporate elite and then 
to sell us goods--us, the American people--goods at a cheaper price. We 
should never have realistically expected to get goods that cheap, but 
at the same time there was a price to pay that was not on the pricetag.
  What have we gotten? What was that price that we paid? It's called 
economic ruin of the United States of America.
  We have given China everything and we are left wanting now, begging 
for favors. Small and mid-level manufacturing bases in the United 
States, our mid-level manufacturing base--small and mid-level--have 
been virtually destroyed. Our small and medium-sized and even large 
industry is gone. Our manufacturing jobs have gone.
  And where have they gone to? They have gone to China so their people 
have the jobs. And their country is accumulating the wealth. And 
because we have had this Most Favored Nation status and had a 
relatively one-way free trade agreement, the Communist bosses have been 
able to set the rules and to manipulate the trade so that it benefits 
their power structure.

[[Page 17141]]

  We were told that if we had Most Favored Nation status with China and 
that we had trade and we embraced them economically, there would be 
political liberalization. For 20 years, for 30 years we were told that. 
And that has not happened, but just the opposite has happened.
  What we have now is with China a massive debt that can be purchased 
and is now being purchased by China. We have a massive debt here. 
Actually, just even this year's debt is going to be $2 trillion 
higher--$4 trillion budget, $2 trillion in debt. And the Chinese are 
very happy to buy it because they are holding it over our head and 
grabbing us by the throat.
  We have given China everything, and we are left with nothing but ruin 
and cheap, poorly manufactured goods, poisonous toys and, all too 
often, poisonous food.
  We need first and foremost to demand that our policymakers who are 
negotiating trade agreements with foreign governments, that their 
primary concern be--and I say this emphatically--the primary concern of 
our negotiators should be what is good for the people of the United 
States and that those negotiators be patriots in their perspective and 
not globalists who are tied to some notion of what is good for the 
world or some philanthropist who wants to help other peoples and other 
countries at the expense of our own people, the American people. We 
have not had that.
  We have permitted a trade policy with China and other countries that 
have drained our country of resources with basically one-way free trade 
agreements. In China, we could only export our manufactured goods if 
they were made in China. So our capitalists were anxious to go there. 
But they could certainly export everything they wanted to into our 
country.
  That one-way free trade doesn't work, and it has been a major factor 
in the economic crisis we face today. And that policy was permitted to 
continue. Because people were telling us if we just do this with China, 
they will liberalize and become a liberal democracy. I call that ``hug 
a Nazi, make a liberal.'' That's the theory. Hug a Nazi, make a 
liberal. No.
  We can get as close to them and do favors for them all we want, but 
we should have demanded the political liberalization, which would have 
opened up a two-way free trade relationship rather than a one-way.
  Proponents of liberalization of trade, as I say, frequently claim 
that even the one-way trade, even the liberalization of trade as it 
existed, would create jobs in the United States, create U.S. exports, 
and improve the trade deficit with China. That's what we heard. Not 
only just that it would liberalize China, but it would be good for us 
in the meantime.
  President Clinton claimed that the agreement allowing China into the 
World Trade Organization, which was negotiated during his 
administration, and I quote President Clinton, ``creates a win-win 
result for both countries.''
  Well, has it been a win-win result? Our country's, as I say--our 
country's small and mid-level and even large manufacturing units have 
been decimated. People who had good manufacturing jobs now have low-
paying survival jobs. Their children have no really great aspirations 
to be industrial leaders or great entrepreneurs and businessmen because 
the lifeblood has been sucked out of our country as our manufacturing 
jobs have gone to China.
  And while it's true that exports support jobs in the United States, 
as we were told, we must now recognize that it is equally true that 
imports destroy American jobs. Yes, that's right. Exports create 
American jobs, but imports do what?
  I know that because in my two harbors, two ports that I represent, 90 
percent of all the commerce coming through those ports are containers 
coming in from China and the East, and only 10 percent are going out.
  We are destroying jobs of our people, those jobs that are necessary 
for people to live in homes, for people to have decent standards of 
living. The net result of the trade flow on unemployment, it's very 
clear when you see the trade imbalance that exists, why we have an 
increasing level of unemployment.
  And those people who are employed and have been employed over the 
last 10 years are getting jobs that are far worse and not as uplifting 
and not as socially mobile upwards as those jobs that their parents 
were getting back in the fifties and in the sixties.
  China's economy and China's as military capabilities have been 
growing and expanding even as our country has been declining. But the 
trouble of it is when you look at the economic and the military 
capabilities that are growing in China, it quite often is based on the 
utilization of technology that came from the United States. In fact, 
some of this technology was actually developed by American taxpayers, 
not even by these big corporate giants who go over there and set up 
their manufacturing units. They end up taking technologies that we have 
paid for, for the research, and doing what? Manufacturing it over in 
China.
  Right now, there's a big issue. What is that issue? It's whether or 
not we should loosen some of the controls on our technology exports. 
Well, I have been insisting we do that only to Democratic countries--
and we especially do not loosen the technology controls on China.
  It was just about 15 years ago during the Clinton administration when 
they permitted American satellites to be launched on Chinese rockets. 
At the time, I thought it was a good idea. I will have to admit that. I 
thought it was a good idea. But within a very short period of time I 
recognized what a horrendous reality was being created.
  What we were doing were perfecting those Chinese rockets in order to 
send up our satellites at a cheaper rate. Thus, we undercut the 
development of our own missile and rocket industry, our own aerospace 
jobs, and at the same time we perfected the Chinese rockets and 
missiles so that they could more easily what? Carry military payloads 
as well as civilian payloads.
  No, we shouldn't be loosening any of our technological restrictions 
on the transfer of technology to China. And even to this day, as we 
want to loosen them to democratic countries, there are moves here in 
Washington to try to take the exemption of China out.
  I will make this very clear. I am part of the team that's trying to 
move forward legislation to permit our high-tech industries to export 
to friendly democratic countries. But I have personally put into and 
worked with my other Members of Congress to ensure that part of the 
legislation restricts that loosening of controls to China so that they 
won't be able to launch American satellites on Chinese Long March 
rockets, because we know that will result in a technological transfer 
and an upgrading of those rockets.
  For example, we have developed a chip that serves as a gyroscope. 
Costs us hundreds of billions of dollars to develop that chip. That was 
15, 20 years ago. Today, of course, because of what happened 15 years 
ago, all of the Chinese rockets have a gyro on a chip. It didn't cost 
them a cent.
  And all of these other manufactured goods that are being shipped over 
here, the Chinese haven't had to pay for the development costs. We've 
paid for it. The taxpayers and the corporations. And when a corporate 
leader sends his company to China, guess what? Yes, he gives himself a 
bonus for a few years and then disappears with tens of millions of 
dollars of bonus while his own company, the stockholders, and 
especially the workers of that company, suffer the damages when their 
jobs are eliminated and actually when the company is taken over by the 
Chinese.
  Well, ironically, we have liberalized our trade with China, but China 
has not even liberalized its own government. In fact, China has been 
getting worse over these last two decades, not better. It was Tiananmen 
Square that was the turning point. Up until Tiananmen Square, there was 
a legitimate reason for us to build the economy of China to create 
closer ties because there was a movement on to create a new and 
democratic China that would be friend of ours and the world. There was 
a positive evolution going on politically and economically in China.

[[Page 17142]]



                              {time}  2315

  When it reached its tipping point at Tiananmen Square, the United 
States didn't stand tall. If Ronald Reagan would have been President, I 
can assure you he would have sent a telegram to the leaders, I'd say, 
to the gang who controls the Government of China. And he would have 
said, if you turn loose the army and slaughter the democratic movement 
in Tiananmen Square, all of the economic understandings we have, all of 
the capital investments and technology transfers, it's off. Reagan 
would have done that in a heartbeat. But George W's father, George 
Herbert Walker Bush was President. He did not share that same 
commitment, and there was no message sent to the Chinese, which was the 
worst message of all, because they now understood they could manipulate 
even the highest level of people in our government and of industry for 
short-term profit and that our elite does not give a damn about 
democracy or any of the other values that we, the American people, hold 
dear.
  So we let our corporate elite dictate to us, and our government, 
under George Herbert Walker Bush, took the easy way out. We acted like 
Tiananmen Square didn't count, and we let the corporations continue to 
make their quick buck so the corporate elites could give themselves 
their big bonuses. And in the end they were sending more jobs and more 
technology transfers and more capital investment to China, even though 
they had just slaughtered the democratic movement in Tiananmen Square. 
And now look at us. When we do something immoral, we come back and we 
pay a price for it.
  Part of the reason we are in such economic hardship today can be 
traced right back to the immoral decision that I just mentioned. We've 
permitted this China, an authoritarian, totalitarian China, to have an 
open free-trade policy with the United States. But it was only free 
trade in one way, and there was no liberalization going on whatsoever. 
China should never have been given most-favored-nation status, and of 
course, we look at it now. China's been given that. Russia can't get 
anything. Russia can't even get the Jackson-Vanik restrictions to be 
taken off.
  The tipping point in Russia came in 1991, which obviously caused a 
massive economic dislocation in Russia as it moved out of its socialist 
economy. So, in 1991, the great reforms were happening in China. The 
democratic movement wasn't slaughtered like it was in Tiananmen Square, 
but the Russian people were suffering hardship. The Russian economy 
collapsed, and there was a national despair in Russia, of course, and 
we watched this. While we built and fueled and invested in the Chinese 
economic machine, we said ``No thanks'' when it came to broadening our 
relationship with a liberalizing Russia.
  Russia's not a little country. Russia is not insignificant. On the 
contrary, in the long term and in the grand scheme of history, we need 
Russia just as much as the Russians need us. If we are to confront the 
menace of radical Islam and the terrorist threat, we are going to have 
to stop the rogue states that are trying to acquire nuclear weapons. 
We're going to do that or combat radical Islam.
  If we're going to combat, as I say, Iran or North Korea, we need to 
work with the Russians. We need to be partners with the Russians, not 
antagonists, and we certainly should not be looking at them as an enemy 
at a time when they have been trying to liberalize their country and 
have had great strides of liberalization since the Stalinist days of 
the Soviet Union. To be scrupulously accurate, we did, indeed, start a 
number of Russian-American partnerships in the 1990s.
  In 1992, Senators Sam Nunn and Richard Lugar pushed us to work with 
the Russians to secure and dismantle nuclear weapons arsenals in and 
around the former Soviet Union, a project that would make everybody 
safer. It was brilliant, and eventually it evolved into the Cooperative 
Threat Reduction program. This program, the CTR, was a joint exercise 
between the United States, Russia, other former Soviet states and 
various military contractors. For a while, it went very, very well even 
though it had its ups and downs, and it's still going well. Despite the 
fact that certain people in the United States are complaining about it, 
they complain about the costs, but mostly they complain about working 
with the Russians to secure the Russians' weapons.
  Well, that makes all the sense in the world to me that we work with 
them to dismantle weapons, nuclear weapons, and that gets to the heart 
of the problem. The type of people who are now deadly against us even 
trying to help the Russians dismantle their own weapons. We have a 
chance. And President Obama--I will have to say I've been very critical 
of him in his dealings with countries like Iran and elsewhere where 
he's not being tough, but he's trying to reach out to the Russians, and 
I applaud that. What he's trying to do is to find something that is 
mutually beneficial to us and that would be a reduction in the number 
of nuclear weapons.
  Nuclear weapons cost a lot of money to both of our countries, and we 
are building them so that they can't be used. We are praying they will 
never be used. So if we are going to have money for the military, which 
we have to use to defeat radical Islam and to confront China, we need 
to make an agreement with Russia to bring down the level, not to 
eliminate nuclear weapons but bring down the level of those weapons 
that we believe should never be used so that we can afford to pay for 
the defense that we need to use.
  And why aren't we doing that? I mean, Obama has laid the groundwork, 
but already we have people on my side of the aisle raising their voices 
with an ingrained sense of hostility towards Russia on any idea of 
reducing nuclear weapons. Well, how come we don't have that same 
antagonism towards China, who we are sending hundreds of billions of 
dollars to? The United States did withdraw from the Antiballistic 
Missile Treaty. I supported that, and I still do, even though I know 
the Russians didn't like that and thought it was a hostile act. I 
believe in missile defense. That's why we withdrew from that treaty.
  I believe we should reduce our number of nuclear weapons and build a 
missile defense system, but I disagree with how the Bush administration 
rushed forward to deploy a system in the Czech and Polish Republics 
right on Russia's borders. We should have done what Ronald Reagan 
advised, and that is, if the Russians would withdraw from Eastern 
Europe and give up this Communist attitude of dominating the world, we 
should make the Russians partners in designing, building, maintaining 
and operating an antimissile system.
  So, instead, we set up this system that we knew would be considered a 
hostile act and would antagonize the Russians even at the same time as 
we were inviting Chinese military observers to observe our own military 
operations. We've got it totally backwards. The country with no 
liberalization whose government hates our way of life and imprisons 
people for religious purposes, that government we're inviting to 
observe our military operations and cooperate with their military while 
Russia, which has had every liberalization, even though they're 
imperfect, that country which wanted and would love to work with us on 
missile defense, we set up a system which is aimed at Russia. Well, if 
we keep expanding NATO and inching around Russia, you can expect them 
to think that we're doing this as a hostile act. We do this even as we 
try to open up our relations even further with China.
  We chastise Russia for its imperfections, but we have not bothered to 
make demands on China even as we have invited the Chinese military to 
observe our military operations. We keep expanding NATO, as I say, 
inching around, but we always have a negative word for Russia; yet, in 
China, there has been no reform of its tyrannical and repressive 
practices.
  So what else have we done? We haven't even offered support for those 
elements in China that do believe in reform and democracy. We can't get 
ourselves to have strong condemnations of

[[Page 17143]]

the brutal massacres going on now with the Uyghurs, the Muslims or the 
Tibetans or the Falun Gong. We can't get our government to actually 
condemn China for the brutality, the massive brutality that they are 
perpetrating on their own people, much less, I might add, condemn them 
for their continued insistence on territorial claims.
  China is not only an economic threat, but China is a massive threat 
to us as it builds its military, its rockets and missiles, in 
particular, as it claims huge territories of Russia and India and huge 
areas of the ocean right up to the shores of the Philippines. These are 
claims that China is making; yet the United States is not counteracting 
those claims even as we are antagonistic towards Russia.
  If we are to have a free world, if we are to combat radical Islam, we 
need Russia on our side. If we are going to combat those rogue nations 
in Iran and North Korea, we need Russia on our side. And if we are to 
live at peace and to thwart these desires by China to dominate the 
world, we must have Russia on our side.
  So far, American policy has been totally upside down in terms of 
Russia and China. We need to make sure that we enter new relationships. 
Instead of taking NATO and expanding it, we should now show Russia that 
we want a new coalition in this world and that Russia will be part of 
it.
  I would suggest that as we leave NATO, that we instead form a new 
coalition, perhaps not formally, but a coalition of interests, of 
security interests with countries like India, Japan, Russia and the 
United States. They are the four legs to the table that will create 
stability for humankind. Other democratic countries will join with us. 
But we need to have a relationship, a viable relationship with those 
countries in order to combat those challenges that are upon us with 
radical Islam and that threat that looms over us, which is an ever-more 
increasingly powerful Communist China.
  The future's up to us. We've got to be realists, but we've also got 
to remain true to our principles as Americans. And when we are not true 
to those principles, when we close our eyes to the repression going on 
in China, even as we speak at this moment, where Muslims are being shot 
down in parts of China because they are not willing to accept the 
repression of their own culture and the repression of their faith, or 
the Tibetans who have suffered the same, or the Falun Gong who want 
nothing more than to meditate and have yoga exercises, if we do not 
speak up for these persecuted people, we will be persecuted, and we 
will suffer as a result.
  The economy is suffering because of incredibly stupid policies, 
economic policies, and the China trade policy has been one of the 
worst. Our country will suffer in the future if we do not have a 
rational policy of security and cooperation with Russia, with India, 
and with Japan.
  With that, I yield back the balance of my time.

                          ____________________




                         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 Ms. Foxx) to revise and 
extend their remarks and include extraneous material:)
  Mr. Poe of Texas, for 5 minutes, July 15.
  Mr. Gingrey of Georgia, for 5 minutes, today, July 9 and 10.
  Mr. Jones, for 5 minutes, July 15.
  Mr. Gohmert, for 5 minutes, today and July 9.
  Ms. Foxx, for 5 minutes, today.
  Mr. Shadegg, for 5 minutes, July 9.

                          ____________________




                              ADJOURNMENT

  Mr. ROHRABACHER. Madam Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 11 o'clock and 28 minutes 
p.m.), the House adjourned until tomorrow, Thursday, July 9, 2009, at 
10 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

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

       2515. A letter from the Chairman and President, Export-
     Import Bank, transmitting a report on transactions involving 
     U.S. exports to the Kingdom of Bahrain pursuant to Section 
     2(b)(3) of the Export-Import Bank Act of 1945, as amended; to 
     the Committee on Financial Services.
       2516. A letter from the Chairman and President, Export-
     Import Bank, transmitting a report on transactions involving 
     U.S. exports to Norway pursuant to Section 2(b)(3) of the 
     Export-Import Bank Act of 1945, as amended; to the Committee 
     on Financial Services.
       2517. A letter from the Deputy Assistant Administrator, 
     Office of Diversion Control, Department of Justice, 
     transmitting the Department's final rule -- Schedules of 
     Controlled Substances: Placement of Tapentadol into Schedule 
     II [Docket No.: DEA-319P] received June 22, 2009, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 
     Commerce.
       2518. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     E-911 Grant Program [Docket No.: NHTSA-2008-0142] (RIN: 2127-
     AK37) received June 24, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       2519. A letter from the Acting Division Chief, TAPD, WCB, 
     Federal Communications Commission, transmitting the 
     Commission's final rule -- In the Matter of Jurisdictional 
     Separations and Referral to the Federal-State Joint Board [CC 
     Docket No.: 80-286] received June 22, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
       2520. A letter from the Chief, Policy and Rules Division, 
     Federal Communications Commission, transmitting the 
     Commission's final rule -- In the Matter of Improving Public 
     Safety Communications in the 800 MHz Band, Consolidating the 
     800 and 900 MHz Industrial/Land Transportation and Business 
     Pool Channels [WT Docket 02-55] received June 22, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       2521. A letter from the Acting Division Chief, CPD, WCB, 
     Federal Communications Commission, transmitting the 
     Commission's final rule -- In the Matters of Local Number 
     Portability Porting Interval and Validation Requirements [WC 
     Docket No.: 07-244]; Telephone Number Portability [CC Docket 
     No.: 95-116] received June 22, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       2522. A letter from the Chairman, Board of Governors of the 
     Federal Reserve System, transmitting the System's Semiannual 
     Report to Congress for the six-month period ending March 31, 
     2009, as required by the Inspector General Act of 1978, as 
     amended; to the Committee on Oversight and Government Reform.
       2523. A letter from the Secretary, Department of Education, 
     transmitting the Department's semiannual report from the 
     office of the Inspector General for the period ending March 
     31, 2009; to the Committee on Oversight and Government 
     Reform.
       2524. A letter from the Secretary, Department of Education, 
     transmitting the Department's Semiannual Report of the Office 
     of Inspector General for the six-month period ending March 
     31, 2009; to the Committee on Oversight and Government 
     Reform.
       2525. A letter from the Department of Transportation ---- 
     Federal Aviation Administration, transmitting a report 
     pursuant to the Federal Vacancies Reform Act of 1998; to the 
     Committee on Oversight and Government Reform.
       2526. A letter from the Department of Transportation ---- 
     Federal Railroad Administration, transmitting a report 
     pursuant to the Federal Vacancies Reform Act of 1998; to the 
     Committee on Oversight and Government Reform.
       2527. A letter from the Department of Transportation ---- 
     Federal Transit Administration, transmitting a report 
     pursuant to the Federal Vacancies Reform Act of 1998; to the 
     Committee on Oversight and Government Reform.
       2528. A letter from the Department of Transportation ---- 
     Office of the Secretary, transmitting a report pursuant to 
     the Federal Vacancies Reform Act of 1998; to the Committee on 
     Oversight and Government Reform.
       2529. A letter from the Department of Transportation ---- 
     Office of the Secretary, transmitting a report pursuant to 
     the Federal Vacancies Reform Act of 1998; to the Committee on 
     Oversight and Government Reform.
       2530. A letter from the Department of Transportation ---- 
     Office of the Secretary, transmitting a report pursuant to 
     the Federal Vacancies Reform Act of 1998; to the Committee on 
     Oversight and Government Reform.
       2531. A letter from the Department of Transportation ---- 
     Office of the Secretary,

[[Page 17144]]

     transmitting a report pursuant to the Federal Vacancies 
     Reform Act of 1998; to the Committee on Oversight and 
     Government Reform.
       2532. A letter from the Department of Transportation ---- 
     Research and Innovative Technology Administration, 
     transmitting a report pursuant to the Federal Vacancies 
     Reform Act of 1998; to the Committee on Oversight and 
     Government Reform.
       2533. A letter from the Department of Transportation ---- 
     Saint Lawrence Seaway Development Corporation, transmitting a 
     report pursuant to the Federal Vacancies Reform Act of 1998; 
     to the Committee on Oversight and Government Reform.
       2534. A letter from the Acting Director, Director of the 
     Peace Corps, transmitting the semi-annual report of the 
     Inspector General of the Peace Corps for the period beginning 
     October 1, 2008 and ending March 31, 2009; to the Committee 
     on Oversight and Government Reform.
       2535. A letter from the Office of the Administrator, Small 
     Business Administration, transmitting the Administration's 
     semiannual report from the office of the Inspector General 
     for the period October 1, 2008 through March 31, 2009, 
     pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to 
     the Committee on Oversight and Government Reform.
       2536. A letter from the Attorney -- Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety zone; Rockets Over the River; Bullhead City, 
     Arizona [Docket No.: USCG-2009-0070] (RIN: 1625-AA00) 
     received June 22, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       2537. A letter from the Attorney -- Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety zone; AVI July Fireworks Display; Laughlin, Nevada 
     [Docket No.: USCG-2008-1261] (RIN: 1625-AA00) received June 
     22, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       2538. A letter from the Attorney -- Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone: Ohio River mile 265.2 to 266.2 and from 
     Kanawha River mile 0.0 to 0.5, Point Pleasant, WV [USCG-2009-
     0191] (RIN: 1625-AA00) received June 22, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       2539. A letter from the Attorney -- Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Navigation and Navigable Waters; Technical, Organizations 
     and Conforming Amendments [Docket No.: USCG-2009-0416] (RIN: 
     1625-ZA23) received June 22, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       2540. A letter from the Paralegal, Department of 
     Transportation, transmitting the Department's final rule -- 
     Buy America Requirements; Bi-Metallic Composite Conducting 
     Rail [Docket No.: FTA-2008-0057] (RIN: 2132-AA99) received 
     June 24, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       2541. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     IFR Altitudes; Miscellaneous Amendments [Docket No.: 30669; 
     Amdt. No. 481] received June 24, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       2542. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Standard Instrument Approach Procedures, and Takeoff Minimums 
     and Obstacle Departure Procedures; Miscellaneous Amendments 
     [Docket No.: 30670 Amdt. No. 3324] received June 24, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       2543. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Amendment of Class E Airspace; Mount Sterling, IL, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation 
     and Infrastructure.
       2544. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Amendment of Class E Airspace; Waverly, OH [Docket No.: FAA-
     2009-1236; Airspace Docket No. 08-AGL-16] received June 29, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       2545. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Amendment of Class E Airspace; Cleveland, OH [Docket No.: 
     FAA-2009-0127; Airspace Docket No. 09-AGL-4] received June 
     29, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.

                          ____________________




         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. CARDOZA: Committee on Rules. House Resolution 617. 
     Resolution providing for consideration of the bill (H.R. 
     3081) making appropriations for the Department of State, 
     foreign operations, and related programs for the fiscal year 
     ending September 30, 2010, and for other purposes (Rept. 111-
     193). Referred to the House Calendar.
       Mr. HASTINGS of Florida: Committee on Rules. House 
     Resolution 618. Resolution providing for consideration of the 
     bill (H.R. 2701) to authorize appropriations for fiscal year 
     2010 for intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
     Intelligence Agency Retirement and Disability System, and for 
     other purposes (Rept. 111-194). Referred to the House 
     Calendar.

                          ____________________




                      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. CARNAHAN (for himself and Mr. Akin):
       H.R. 3122. A bill to confer upon the United States Court of 
     Federal Claims jurisdiction to hear, determine, and render 
     final judgment on any legal or equitable claim against the 
     United States to receive just compensation for the taking of 
     certain lands in the State of Missouri, and for other 
     purposes; to the Committee on the Judiciary.
           By Mr. LAMBORN:
       H.R. 3123. A bill to direct the Secretary of the Interior, 
     acting through the Bureau of Reclamation, to remedy problems 
     caused by a collapsed drainage tunnel in Leadville, Colorado, 
     and for other purposes; to the Committee on Natural 
     Resources.
           By Ms. FUDGE (for herself, Mr. Massa, Ms. Lee of 
             California, Mr. Loebsack, Mr. Hare, Ms. Eddie Bernice 
             Johnson of Texas, Mr. Carson of Indiana, Mr. Ellison, 
             Mr. Cleaver, Mr. Payne, Mr. Johnson of Georgia, Ms. 
             Watson, Ms. Kilpatrick of Michigan, Ms. Clarke, Mr. 
             Watt, Ms. Corrine Brown of Florida, Mr. Towns, and 
             Mr. Grayson):
       H.R. 3124. A bill to provide for the use of improved health 
     information technology with respect to certain safety net 
     health care providers; to the Committee on Energy and 
     Commerce, and in addition to the Committees on Veterans' 
     Affairs, and Natural Resources, 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. WAXMAN (for himself, Mr. Boucher, Mr. Barton of 
             Texas, Mr. Stearns, Mr. Dingell, Mr. Markey of 
             Massachusetts, Mr. Doyle, Mr. Gordon of Tennessee, 
             Mr. Space, Mr. McNerney, Mr. Inslee, Ms. Eshoo, Ms. 
             Matsui, Mr. Stupak, Ms. Castor of Florida, Mr. Buyer, 
             Mr. Welch, and Mr. Upton):
       H.R. 3125. A bill to require an inventory of radio spectrum 
     bands managed by the National Telecommunications and 
     Information Administration and the Federal Communications 
     Commission; to the Committee on Energy and Commerce.
           By Mr. FRANK of Massachusetts (for himself, Ms. Waters, 
             Mrs. Maloney, Mr. Gutierrez, Mr. Watt, Mr. Ackerman, 
             Mr. Sherman, Mr. Capuano, Mr. Miller of North 
             Carolina, Mr. Al Green of Texas, Mr. Ellison, Ms. 
             Speier, and Mr. Grayson):
       H.R. 3126. A bill to establish the Consumer Financial 
     Protection Agency, and for other purposes; to the Committee 
     on Financial Services, 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. ACKERMAN (for himself and Mr. Rangel):
       H.R. 3127. A bill to direct the Architect of the Capitol to 
     acquire a statue of ``The Unknown Slave'' for permanent 
     display in Emancipation Hall in the Capitol Visitor Center, 
     and for other purposes; to the Committee on House 
     Administration.
           By Mr. ELLISON:
       H.R. 3128. A bill to amend the Federal Reserve Act to 
     authorize Federal Reserve Banks to examine the methodologies 
     of used by nationally recognized statistical rating 
     organizations in analyzing and rating asset backed securities 
     and structured finance products; to the Committee on 
     Financial Services.
           By Mr. LUETKEMEYER:
       H.R. 3129. A bill to prohibit United States contributions 
     to the Intergovernmental Panel on Climate Change; to the 
     Committee on Foreign Affairs.
           By Mr. PAYNE (for himself and Mr. George Miller of 
             California):
       H.R. 3130. A bill to establish expanded learning time 
     initiatives, and for other purposes; to the Committee on 
     Education and Labor.
           By Mr. POE of Texas (for himself and Mrs. Bachmann):
       H.R. 3131. A bill to make participation in the American 
     Community Survey voluntary, except with respect to certain 
     basic questions; to the Committee on the Judiciary,

[[Page 17145]]

     and in addition to the Committee on Oversight and Government 
     Reform, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. ROTHMAN of New Jersey:
       H.R. 3132. A bill to amend the Omnibus Crime Control and 
     Safe Streets Act of 1968 to reauthorize the Matching Grant 
     Program for School Security through fiscal year 2012; to the 
     Committee on the Judiciary.
           By Mr. SCHIFF (for himself and Mr. Daniel E. Lungren of 
             California):
       H.R. 3133. A bill to improve title 18 of the United States 
     Code; to the Committee on the Judiciary.
           By Ms. SCHWARTZ:
       H.R. 3134. A bill to direct the Secretary of Health and 
     Human Services to establish a Healthcare Innovation Zone 
     pilot program; 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. WALZ (for himself, Mr. Peterson, Mr. Oberstar, 
             Mr. McIntyre, Mr. Perriello, Mr. Boswell, Ms. 
             McCollum, and Mr. Rodriguez):
       H.R. 3135. A bill to amend the Internal Revenue Code of 
     1986 to provide additional incentives for facilities 
     producing electricity from wind; to the Committee on Ways and 
     Means.
           By Mr. WALZ (for himself, Mr. Peterson, Mr. Oberstar, 
             Mr. McIntyre, Mr. Perriello, Mr. Boswell, Ms. 
             McCollum, and Mr. Rodriguez):
       H.R. 3136. A bill to extend the program to provide grants 
     for specified energy property in lieu of tax credits; to the 
     Committee on Ways and Means, and in addition to the Committee 
     on Energy and Commerce, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. LAMBORN (for himself and Mr. Goodlatte):
       H. Con. Res. 161. Concurrent resolution recognizing and 
     congratulating the City of Colorado Springs, Colorado, as the 
     new official site of the National Emergency Medical Services 
     Memorial Service and the National EMS Memorial honoring 
     emergency medical services personnel who have died in the 
     line of duty; to the Committee on Energy and Commerce.
           By Mr. NYE:
       H. Con. Res. 162. Concurrent resolution expressing the 
     sense of Congress that any attempt at health care reform 
     should ensure that patients have the right to choose their 
     health care providers; to the Committee on Energy and 
     Commerce.
           By Mr. MORAN of Kansas (for himself, Mr. Pomeroy, Ms. 
             Shea-Porter, Mr. Whitfield, Mr. Paul, Mr. Doyle, Mr. 
             Abercrombie, Mr. Van Hollen, Ms. Corrine Brown of 
             Florida, Mr. Baca, Mr. Brady of Pennsylvania, Mr. 
             Sires, and Mr. Larsen of Washington):
       H. Con. Res. 163. Concurrent resolution expressing support 
     for designation of September 23, 2009, as ``National Job 
     Corps Day''; to the Committee on Oversight and Government 
     Reform.
           By Mr. FLEMING (for himself, Mr. Wilson of South 
             Carolina, Mr. Burton of Indiana, Mr. Bartlett, Mr. 
             Linder, Mr. Garrett of New Jersey, Mr. Blunt, Mr. 
             Scalise, Mr. Alexander, Mr. Bonner, Mr. Lamborn, Mr. 
             Luetkemeyer, Mr. Akin, Mr. Bishop of Utah, Ms. 
             Fallin, Mr. Cole, Mr. Gohmert, Mr. Pence, Mr. 
             Hensarling, Mr. Pitts, Mr. Posey, Mr. Marchant, Mrs. 
             Lummis, Mr. Brady of Texas, Mr. Boozman, Mr. Rogers 
             of Alabama, Mr. Poe of Texas, and Mr. Boustany):
       H. Res. 615. A resolution expressing the sense of the House 
     of Representatives that Members who vote in favor of the 
     establishment of a public, federal government run health 
     insurance option are urged to forgo their right to 
     participate in the Federal Employees Health Benefits Program 
     (FEHBP) and agree to enroll under that public option; to the 
     Committee on House Administration.
           By Mr. CASSIDY (for himself, Mr. Alexander, Mr. 
             Boustany, Mr. Melancon, Mr. Scalise, Mr. Fleming, and 
             Mr. Cao):
       H. Res. 616. A resolution congratulating the Louisiana 
     State University baseball team for winning the 2009 National 
     Collegiate Athletic Association Division I College World 
     Series; to the Committee on Education and Labor.
           By Mr. MACK (for himself, Mr. Smith of New Jersey, Mr. 
             Burton of Indiana, Mr. Rohrabacher, Mr. Fortenberry, 
             Mr. Poe of Texas, Mr. Lincoln Diaz-Balart of Florida, 
             Mr. Mario Diaz-Balart of Florida, Mr. McCotter, Mr. 
             Wamp, and Mr. Bilirakis):
       H. Res. 619. A resolution expressing the support of the 
     House of Representatives for the people of Honduras; to the 
     Committee on Foreign Affairs.
           By Mr. SERRANO:
       H. Res. 620. A resolution condemning the violence in 
     Honduras and calling for the return of the duly elected 
     President; to the Committee on Foreign Affairs.

                          ____________________




                          ADDITIONAL SPONSORS

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

       H.R. 13: Mr. Rush.
       H.R. 24: Ms. Schakowsky and Mr. Foster.
       H.R. 39: Mr. George Miller of California, Mr. Hare, Mr. Van 
     Hollen, and Ms. Eshoo.
       H.R. 52: Mr. Hinchey.
       H.R. 147: Mr. Altmire, Mr. Snyder, Mr. Sires, Mr. Lujan, 
     and Mr. Kennedy.
       H.R. 153: Mr. Posey.
       H.R. 154: Mr. Posey.
       H.R. 155: Mr. Posey.
       H.R. 197: Mr. Holden, Mr. Walz, and Mr. Latham.
       H.R. 205: Mr. Roe of Tennessee.
       H.R. 265: Mr. Conyers.
       H.R. 270: Mr. Massa.
       H.R. 275: Ms. Markey of Colorado, Mr. Turner, Mrs. Lummis, 
     Mr. Roe of Tennessee, Mrs. Capito, and Mr. Davis of Alabama.
       H.R. 303: Mr. Rooney and Mr. Shuler.
       H.R. 420: Mr. Olson.
       H.R. 422: Mr. Blunt.
       H.R. 444: Mr. Courtney, Ms. Clarke, and Ms. Kaptur.
       H.R. 513: Mr. Mario Diaz-Balart of Florida.
       H.R. 560: Mr. Moran of Kansas.
       H.R. 568: Mr. Clay.
       H.R. 571: Mr. Hodes and Mr. Westmoreland.
       H.R. 621: Ms. Harman, Mr. Perriello, Mr. Aderholt, Mr. 
     Minnick, Mr. Boozman, Mr. Scalise, Mr. Maffei, Ms. Jackson-
     Lee of Texas, Mr. Turner, and Ms. Zoe Lofgren of California.
       H.R. 644: Mr. Braley of Iowa.
       H.R. 690: Ms. Ginny Brown-Waite of Florida, Mr. Lewis of 
     Georgia, and Mr. Brady of Pennsylvania.
       H.R. 722: Ms. Schakowsky and Mr. Doyle.
       H.R. 745: Mr. Mollohan.
       H.R. 764: Mr. Gingrey of Georgia and Mr. Inglis.
       H.R. 815: Ms. Fudge.
       H.R. 930: Ms. Norton.
       H.R. 932: Mr. LaTourette.
       H.R. 948: Mr. Maffei.
       H.R. 953: Mr. Hall of Texas and Mr. Tiahrt.
       H.R. 981: Mr. Connolly of Virginia.
       H.R. 1074: Mr. Space, Mr. Buchanan, and Mr. Walz.
       H.R. 1093: Mr. Butterfield and Ms. Zoe Lofgren of 
     California.
       H.R. 1094: Mr. Miller of North Carolina and Ms. Berkley.
       H.R. 1147: Mr. Stark and Mr. Fattah.
       H.R. 1177: Mr. Platts.
       H.R. 1205: Mr. Braley of Iowa, Mr. Cao, Mrs. Napolitano, 
     Mr. Payne, Mr. Fleming, Mr. Turner, and Ms. Jackson-Lee of 
     Texas.
       H.R. 1207: Mr. Sullivan, Mr. Courtney, Ms. Hirono, and Mr. 
     Farr.
       H.R. 1245: Mr. Tim Murphy of Pennsylvania.
       H.R. 1283: Mr. Levin and Mr. Baca.
       H.R. 1310: Ms. Fudge and Mr. Doggett.
       H.R. 1322: Mr. Kennedy and Mr. Rothman of New Jersey.
       H.R. 1339: Mr. Schiff, Mr. Blunt, and Ms. DeGette.
       H.R. 1362: Mr. Turner, Mr. Crenshaw, Ms. Berkley, and Ms. 
     Matsui.
       H.R. 1410: Mr. Holt.
       H.R. 1454: Mr. Upton and Mr. Schock.
       H.R. 1458: Mr. Lee of New York, Mr. Meeks of New York, Mr. 
     Massa, Mr. Blumenauer, Ms. Richardson, Mr. Towns, Mr. Meek of 
     Florida, and Mr. Cummings.
       H.R. 1499: Mr. Rahall.
       H.R. 1523: Mr. Payne, Mr. Murphy of Connecticut, Mr. 
     Israel, and Ms. Moore of Wisconsin.
       H.R. 1546: Mr. Altmire.
       H.R. 1548: Mr. Bartlett.
       H.R. 1549: Ms. Kaptur, Mr. McGovern, and Mr. Baird.
       H.R. 1557: Mr. Mitchell.
       H.R. 1585: Mr. Platts, Mr. Kucinich, and Ms. Titus.
       H.R. 1596: Mr. Filner.
       H.R. 1612: Ms. Matsui, Ms. Zoe Lofgren of California, Mr. 
     Tonko, Mr. Connolly of Virginia, Ms. Herseth Sandlin, Ms. 
     Moore of Wisconsin, Mr. Kissell, Ms. McCollum, and Ms. Shea-
     Porter.
       H.R. 1625: Mr. Massa, Ms. Schakowsky, Mr. Murphy of 
     Connecticut, Ms. Edwards of Maryland, Mr. Bishop of Georgia, 
     and Mr. Kildee.
       H.R. 1643: Mr. Blumenauer.
       H.R. 1646: Mr. Bishop of Utah and Mr. Yarmuth.
       H.R. 1660: Mr. Courtney.
       H.R. 1700: Mrs. Capps, Mrs. Christensen, Mr. Wolf, and Mr. 
     LoBiondo.
       H.R. 1723: Mr. Blumenauer.
       H.R. 1763: Mr. Posey.
       H.R. 1799: Mr. Conaway and Mr. Bonner.
       H.R. 1806: Mr. Arcuri.
       H.R. 1819: Mr. Bonner, Mr. Faleomavaega, Mr. Honda, Mr. 
     Mario Diaz-Balart of Florida, and Mr. Rehberg.
       H.R. 1835: Mr. Sam Johnson of Texas.
       H.R. 1836: Mr. Childers.
       H.R. 1881: Ms. Richardson, Ms. Harman, and Mr. Clay.
       H.R. 1894: Mr. Crowley and Mr. Higgins.
       H.R. 1925: Mr. Johnson of Georgia, Mr. Ehlers, Ms. Kaptur, 
     and Mr. Pascrell.

[[Page 17146]]


       H.R. 1955: Mr. Edwards of Texas.
       H.R. 2000: Mr. Stupak, Mrs. Myrick, Mr. Carson of Indiana, 
     Mr. Ryan of Ohio, Mr. Mitchell, Mr. Foster, and Mr. Gene 
     Green of Texas.
       H.R. 2017: Mr. Rooney, Mr. Price of Georgia, Mr. Tiahrt, 
     Mr. Ross, Mr. Berry, Ms. McCollum, Mr. Massa, and Mr. Snyder.
       H.R. 2030: Mr. McGovern, Mr. Moran of Virginia, Mr. Poe of 
     Texas, Mr. Kennedy, and Mr. Schiff.
       H.R. 2060: Mr. Ryan of Ohio, Mr. Filner, and Mr. Conyers.
       H.R. 2061: Mr. Goodlatte.
       H.R. 2097: Mr. Filner, Mr. Smith of New Jersey, Mr. Murphy 
     of Connecticut, Mr. Platts, and Mr. Shuler.
       H.R. 2109: Mr. Himes, Mr. Nadler of New York, Ms. Lee of 
     California, Ms. Norton, and Mr. Bishop of Georgia.
       H.R. 2119: Mr. Paulsen and Mr. Campbell.
       H.R. 2125: Mr. Conaway.
       H.R. 2136: Mr. Butterfield, Ms. Kaptur, Mr. Holt, Ms. 
     Jackson-Lee of Texas, Mr. Davis of Illinois, Mr. Arcuri, Mr. 
     Chandler, Mr. Cummings, Ms. DeLauro, Mr. Doyle, Mr. Rothman 
     of New Jersey, Mr. Sires, Mr. Ryan of Ohio, Mr. Meek of 
     Florida, Ms. Kilpatrick of Michigan, Mr. Ortiz, Mr. Rush, Mr. 
     Taylor, Mr. Capuano, Mr. Markey of Massachusetts, Mr. Al 
     Green of Texas, Mr. Brady of Pennsylvania, Mr. Cuellar, Mr. 
     Bonner, Mr. Abercrombie, Ms. Clarke, Mr. Lewis of Georgia, 
     Mr. Clay, and Mr. Pascrell.
       H.R. 2143: Mr. Tiahrt.
       H.R. 2193: Mr. Heinrich.
       H.R. 2213: Mr. Tierney and Ms. Lee of California.
       H.R. 2245: Mr. Fleming, Mr. Austria, Mr. Burton of Indiana, 
     Mr. Conaway, Mr. Honda, Mr. Clay, Mr. Childers, Mr. Melancon, 
     Mr. Daniel E. Lungren of California, Mr. Kucinich, Mr. Ortiz, 
     Mr. Poe of Texas, Mr. Edwards of Texas, Mr. Harper, Mr. 
     Boswell, Mr. McCarthy of California, Ms. Kilroy, Mr. Smith of 
     Texas, Mr. Wittman, and Mr. Pallone.
       H.R. 2251: Mr. Quigley, Mr. Crenshaw, Ms. Kosmas, Mr. 
     Blumenauer, Mr. Bishop of New York, and Mr. Hinchey.
       H.R. 2256: Mr. Mica.
       H.R. 2262: Mr. Boucher, Mr. Kucinich, Mr. Filner, and Mr. 
     Engel.
       H.R. 2272: Mr. Peterson.
       H.R. 2287: Mrs. Emerson.
       H.R. 2298: Mr. Hall of New York and Ms. Schwartz.
       H.R. 2304: Ms. Markey of Colorado and Mr. Wolf.
       H.R. 2305: Mr. Luetkemeyer and Mr. Tiahrt.
       H.R. 2319: Mr. Ryan of Wisconsin.
       H.R. 2363: Mr. McGovern, Mr. Courtney, and Mrs. Maloney.
       H.R. 2393: Mr. Burgess.
       H.R. 2406: Mr. Young of Alaska, Mr. Miller of Florida, and 
     Mr. Shadegg.
       H.R. 2413: Mr. Moran of Virginia, Mr. Payne, Mr. Rangel, 
     Mr. Childers, Mr. Rothman of New Jersey, Mr. Costello, Mrs. 
     McCarthy of New York, Mr. Massa, Mr. Wamp, and Ms. Kaptur.
       H.R. 2425: Mr. Latham.
       H.R. 2438: Ms. Jackson-Lee of Texas.
       H.R. 2474: Ms. Richardson.
       H.R. 2476: Mr. Lamborn and Mr. Salazar.
       H.R. 2478: Mr. Upton, Ms. Velazquez, Mr. Courtney, and Mr. 
     Farr.
       H.R. 2497: Mr. Connolly of Virginia.
       H.R. 2499: Ms. Tsongas.
       H.R. 2502: Mr. Cardoza.
       H.R. 2516: Mr. Rooney.
       H.R. 2517: Ms. Pingree of Maine.
       H.R. 2521: Ms. Jackson-Lee of Texas.
       H.R. 2523: Mr. Pallone, Mr. Grijalva, Mrs. Bono Mack, Mr. 
     Inslee, and Mr. Boren.
       H.R. 2525: Mr. Braley of Iowa and Ms. Shea-Porter.
       H.R. 2527: Mr. Michaud.
       H.R. 2537: Mr. Stearns.
       H.R. 2559: Mr. McGovern.
       H.R. 2562: Mr. Young of Alaska.
       H.R. 2574: Mr. Michaud.
       H.R. 2580: Mr. Connolly of Virginia.
       H.R. 2590: Mr. Marshall.
       H.R. 2626: Mr. Nunes.
       H.R. 2632: Mr. Gordon of Tennessee, Mr. Sestak, Mr. Cohen, 
     Mr. Inglis, Mr. Brady of Pennsylvania, and Mr. Massa.
       H.R. 2653: Mr. Sestak.
       H.R. 2672: Ms. Ginny Brown-Waite of Florida.
       H.R. 2691: Mr. Berman and Mr. Towns.
       H.R. 2702: Mr. Wolf.
       H.R. 2732: Mr. Price of Georgia.
       H.R. 2743: Mr. Cassidy, Mr. Al Green of Texas, Mr. Rooney, 
     Mr. Pastor of Arizona, Mr. Shadegg, Mr. Buyer, Mr. Lewis of 
     Georgia, Mr. Luetkemeyer, Mr. Putnam, Mr. Wolf, Mr. Boren, 
     Mr. Guthrie, Mr. Nye, Mr. Kind, Mr. LoBiondo, Mr. Sam Johnson 
     of Texas, Ms. Ginny Brown-Waite of Florida, Mr. McIntyre, and 
     Mr. Wamp.
       H.R. 2744: Mrs. Napolitano and Ms. Baldwin.
       H.R. 2766: Mrs. Maloney and Mrs. Capps.
       H.R. 2773: Mr. Wittman.
       H.R. 2786: Mr. Heller.
       H.R. 2794: Mr. Davis of Illinois, Mr. Rangel, and Ms. Lee 
     of California.
       H.R. 2799: Mr. Latta and Mr. Posey.
       H.R. 2801: Mr. Jones.
       H.R. 2802: Mr. McGovern.
       H.R. 2818: Ms. Bordallo.
       H.R. 2828: Mr. Turner.
       H.R. 2835: Mr. Filner.
       H.R. 2842: Mr. Sam Johnson of Texas.
       H.R. 2844: Ms. Herseth Sandlin.
       H.R. 2846: Mr. Kingston, Mr. Sullivan, and Mr. Posey.
       H.R. 2852: Mr. Ryan of Ohio, Mr. Israel, Mr. Payne, and Mr. 
     Massa.
       H.R. 2857: Mr. Wittman.
       H.R. 2881: Ms. Foxx.
       H.R. 2891: Ms. Norton and Mr. Boucher.
       H.R. 2894: Mr. Courtney.
       H.R. 2900: Mr. Shadegg.
       H.R. 2902: Ms. Woolsey.
       H.R. 2913: Ms. Kosmas, Mr. Lincoln Diaz-Balart of Florida, 
     and Mr. Putnam.
       H.R. 2935: Mr. George Miller of California, Mr. Rodriguez, 
     and Mr. Upton.
       H.R. 2939: Mr. Kennedy and Mr. Higgins.
       H.R. 2941: Mr. Neal of Massachusetts and Mr. Lincoln Diaz-
     Balart of Florida.
       H.R. 2963: Mr. Murtha, Mr. Griffith, Mr. Shuler, Mr. 
     Kennedy, Mr. Pallone, and Mr. Wamp.
       H.R. 2969: Mr. Hinchey.
       H.R. 2987: Ms. Roybal-Allard, Mr. Tonko, Mr. Salazar, and 
     Ms. Norton.
       H.R. 3017: Ms. Pingree of Maine and Mr. Farr.
       H.R. 3036: Mr. Paul, Mr. Coble, and Mr. Loebsack.
       H.R. 3043: Mr. Paul, Mr. Gonzalez, Mr. Sires, Ms. Jackson-
     Lee of Texas, and Mr. McGovern.
       H.R. 3047: Mr. Hastings of Florida.
       H.R. 3074: Mr. Boswell.
       H.R. 3091: Mr. Rangel.
       H.R. 3092: Mr. Blumenauer.
       H.R. 3101: Ms. Linda T. Sanchez of California and Ms. Lee 
     of California.
       H.R. 3105: Mr. Cardoza, Mr. Costa, Mr. Radanovich, and Mr. 
     McCarthy of California.
       H.R. 3119: Mrs. Bono Mack and Mr. Bilbray.
       H.J. Res. 47: Mr. Murtha, Mr. Miller of Florida, and Mr. 
     Terry.
       H.J. Res. 50: Mr. Jones and Mr. Gary G. Miller of 
     California.
       H.J. Res. 54: Mr. Pence.
       H. Con. Res. 74: Mr. Cohen.
       H. Con. Res. 96: Mr. Rothman of New Jersey.
       H. Con. Res. 117: Mr. Carter, Mr. Simpson, Mr. Latta, and 
     Mr. Chaffetz.
       H. Con. Res. 121: Mr. Souder and Mr. Conaway.
       H. Con. Res. 128: Mr. Stark, Mr. Snyder, Mr. Moran of 
     Virginia, and Ms. Fudge.
       H. Con. Res. 151: Mr. Wolf and Ms. Bordallo.
       H. Con. Res. 156: Mr. Gallegly.
       H. Con. Res. 160: Mr. Neal of Massachusetts, Mr. Sam 
     Johnson of Texas, Mr. Simpson, Ms. Schwartz, and Mr. 
     McIntyre.
       H. Res. 175: Mrs. Myrick and Mr. Rohrabacher.
       H. Res. 209: Mr. Poe of Texas.
       H. Res. 288: Mr. McIntyre, Mr. Ellison, Mr. Snyder, Ms. Zoe 
     Lofgren of California, and Mrs. Napolitano.
       H. Res. 314: Mr. Poe of Texas.
       H. Res. 397: Mr. Graves.
       H. Res. 409: Mr. Costa.
       H. Res. 440: Mr. Schock.
       H. Res. 441: Mr. Payne, Mr. Arcuri, Mr. Jones, and Mr. 
     Massa.
       H. Res. 468: Mr. Payne.
       H. Res. 486: Mr. Duncan.
       H. Res. 512: Ms. Jackson-Lee of Texas and Ms. Hirono.
       H. Res. 549: Mr. Rooney.
       H. Res. 554: Mr. Kline of Minnesota.
       H. Res. 583: Mr. Skelton.
       H. Res. 601: Mr. King of New York.
       H. Res. 613: Mr. Maffei, Mr. Inslee, Mr. Dent, Mr. Moore of 
     Kansas, and Mr. Holden.

                          ____________________




    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:

       The amendment to be offered by Representative Lowey, or a 
     designee, to H.R. 3081, the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010, 
     contains no congressional earmarks, limited tax benefits, or 
     limited tariff benefits as defined in clause 9(e), 9(f) or 
     9(g) of rule XXI.
     
     
     


[[Page 17147]]

                          EXTENSIONS OF REMARKS
                          ____________________


                          EARMARK DECLARATION

                                 ______
                                 

                          HON. PETER HOEKSTRA

                              of michigan

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. HOEKSTRA. Madam Speaker, pursuant to the House Republican 
standards on earmarks, I am submitting the following information 
regarding funding that will benefit the Second Congressional District 
of Michigan as part of H.R. 2997.
  Requesting Member: Congressman Pete Hoekstra
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Research Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI 48824
  Description of Request: Provide funding of $346,000 for fire blight 
research to be shared by Michigan State University in East Lansing 
Michigan and Cornell University in New York. Approximately, $184,000 is 
for the salaries of laboratory and $162,000 for field research 
personnel and for materials and supplies at Michigan State University. 
The remaining funds will be allocated to Cornell University in New 
York. Researchers at both universities will collaborate on findings. 
Michigan State University has obtained funding from the State of 
Michigan. Michigan Apple Committee and industry sources and will 
continue to fund the fire blight research at MSU at a level of 
$112,0000 in FY10.
  Requesting Member: Congressman Pete Hoekstra
  Bill Number: H.R. 2997
  Account: USDA/Cooperative State Research, Education and Extension 
Services Special Research Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 109 Agriculture Hall, East Lansing, 
Michigan 48824
  Description of Request: Provide $346,000 in funding for Phytophthora 
research at Michigan State University. Approximately 85 percent of the 
funding will go to researchers, technicians and students. Approximately 
15 percent will be used for materials, supplies and administration. 
Michigan State University has received outside sources of funding for 
Phytophthora research as well. This funding is consistent with the 
authorized purpose of the Cooperative State Research Education and 
Extension Service.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. ROBERT B. ADERHOLT

                               of alabama

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. ADERHOLT. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 2847, the Commerce, 
Justice, and Science Appropriations Bill:
  Requesting Member: Aderholt
  Bill Number: H.R. 2997, Department of Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2010
  Account: CREES
  Legal Name of Requesting Entity: Auburn University
  Address of Requesting Entity: Auburn University, 102 Samford Hall, 
Auburn, AL 36849
  Description of Request: ``Precision Agriculture, AL, $419,000''
  The funding would be used for the development and implementation of 
new geospatial tools to allow site-specific management of forestry and 
agriculture land along with alternative crops for bioenergy production.
  Taxpayer Justification: The project has allowed the investigation of 
new technology and management practices to increase the efficiency of 
production. Results have led to establishing the best approach to 
implement precision agriculture/forestry technology and strategy while 
improving environmental stewardship. Differences in soil conditions, 
for example, can allow a reduced, and targeted, amount of fertilizer to 
be used. The requested level of funding is $650,000 budgeted in the 
following manner: $435,000 for personnel; $65,000 for equipment; 
$75,000 for supplies; $75,000 for travel.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. MIKE ROGERS

                              of michigan

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. ROGERS of Michigan. Madam Speaker, pursuant to the House 
Republican standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of H.R. 2996, the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act of 2010.
  Requesting Member: Congressman Mike Rogers (MI-08)
  Bill Number: H.R. 2996
  Account: Environmental Protection Agency, STAG Water and Wastewater 
Infrastructure Project
  Legal Name of Requesting Entity: The City of Lansing
  Address of Requesting Entity: Lansing Board of Water & Light located 
at 1232 Haco Drive, Lansing, Michigan, USA
  Description of Request: Provide an earmark of $500,000 for a more 
energy efficient drinking water system in Lansing, Michigan. The 
purpose of this funding would be to construct a more energy efficient 
drinking water system. This project would reduce energy use and costs 
through the deployment of energy efficient technologies on the drinking 
water system. Since the drinking water system is one of the largest 
electric users in Lansing, these changes are expected to cut energy use 
for water pumping by 20% and as a result, bring down utility costs. 20% 
of the federal funding will be used for project engineering, 40% for 
equipment purchases, and the remaining funds will be used for the 
installation of energy efficiency technology and improvements in the 
drinking water system.
  Requesting Member: Congressman Mike Rogers (MI-08)
  Bill Number: H.R. 2996
  Account: United States Environmental Protection Agency's Science and 
Technology Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: Consortium for Plant Biotechnology 
Research, Inc., Georgia at P.O. Box 20634, St. Simons Island, Georgia, 
USA
  Description of Request: Provide an earmark of $1,000,000 for clean 
energy research for the Consortium for Plant Biotechnology Research. 
This funding would be used for research at Michigan State University 
and commercialization for clean energy, national energy security, and a 
cleaner environment. The purpose of this project is to fund research 
and technology transfers that have applications to energy security and 
the reduction of greenhouse gases through developing technologies in 
renewable energy, biofuels, ``green'' chemicals, and industrial 
manufacturing processes. Approximately 8% of the federal funds will be 
used for peer reviewed competitions and 92% is for research projects.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. RANDY NEUGEBAUER

                                of texas

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. NEUGEBAUER. Madam Speaker, pursuant to the Republican standards 
on member requests, I am submitting the following information regarding 
congressionally directed appropriation projects I sponsored as part of 
H.R. 2997, FY 2010 Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act.
  Agency/Account: National Institute of Food and Agriculture RE/FA

[[Page 17148]]

  Amount: $1,730,000
  Requesting Entity: Texas Tech University, 2500 Broadway, Lubbock, TX 
79409
  The Cotton Production and Research Center is a multidisciplinary 
cotton research program for the Southwest cotton production region that 
serves as a market and policy analysis program for natural fibers. The 
research focuses on maximizing efficiency for regional and U.S. cotton 
production, marketing and trade. Overall, the project goals are to: 
develop new information and technologies, increase cotton and textile 
production, reduce costs, improve market efficiency, increase exports, 
and improve the U.S. textile industry's global competitiveness.
  Agency/Account: National Institute of Food and Agriculture RE/FA
  Amount: $946,000
  Requesting Entity: Texas Tech University, 2500 Broadway, Lubbock, TX 
79409
  The International Center for Food Industry Excellence proposes to 
build upon the expertise available at Texas Tech University and its 
collaborating institutions. Center-affiliated researchers will develop 
and evaluate food innovations that improve the security, safety, 
functional properties, nutritional quality, eating quality, and 
consumer acceptance and production characteristics of food available to 
U.S. consumers. Center scientists engage in innovative research across 
the farm-to-table continuum to improve food safety, expand uses for 
existing commodities and identify consumer behaviors and attributes 
that influence food acceptability and marketability.
  Agency/Account: National Institute of Food and Agriculture SRG
  Amount: $515,000
  Requesting Entity: Texas Tech University, 2500 Broadway, Lubbock, TX 
79409
  The Great Plains Sorghum Improvement and Utilization Center will 
build on the Kansas Sorghum Improvement Center, initiated in 2001, by 
pooling and integrating the research and extension resources for 
sorghum improvement, utilization, production and marketing located at 
Kansas State University, Texas Tech University, and Texas A&M 
University (including USDA-ARS scientists located on those campuses 
with assigned sorghum responsibilities). Efforts among the three 
institutions will be integrated to bring new technologies and knowledge 
together and focus on improvement of profitability in each stage of 
sorghum production, processing, and marketing.

                          ____________________




                     CONGRATULATING VEVAY, INDIANA

                                 ______
                                 

                           HON. BARON P. HILL

                               of indiana

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. HILL. Madam Speaker, on April 15th, CBS's Early Show announced 
Budget Travel Magazine's Top 10 ``America's Coolest Small Towns'', 
ranking Vevay, Indiana, Number 4. I would like to give my heartfelt 
congratulations to the Vevay community and all of Switzerland County.
  Vevay was selected based on the ``quality of life, arts and 
restaurant scenes and proximity to nature'' of the town. The Swiss Wine 
Festival, events such as First Fridays and Second Saturdays, art 
galleries, and local restaurants all contributed to receiving this 
honor. Close to 8,000 people voted for Vevay.
  As Vevay's representative in Congress, I can certainly attest to its 
merit in winning this award. I always enjoy visiting Vevay, and while 
biased, think it should have been ranked Number 1!
  Again, congratulations to the residents of Vevay. This distinction is 
much deserved, and I am proud to represent you in the Ninth District.

                          ____________________




                      REMEMBERING MICHAEL JACKSON

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. RANGEL. Madam Speaker, I rise today to commemorate a consummate 
performer, Michael Jackson, a man whose music bridged racial and 
generational divides, whose generous charity combated global poverty, 
whose kind and gentle spirit endeared him to millions. Thousands of 
people gathered outside the historic Apollo Theatre in my district last 
week, standing for hours to enter an at-times raucous, at-times somber 
memorial to the late singer. Along with Rev. Al Sharpton, film director 
Spike Lee, and Apollo President and CEO Jonelle Procope, I joined a 
packed crowd of Jackson fans on the very stage he began his career in 
1967, winning the Apollo's Amateur Night contest with his four 
brothers, the Jackson Five. We were there because his singing and 
dancing remain unmatched. We were there because he was as much an 
institution in our community as the legendary theatre we sat in. We 
were there because, all over this world, his love and warmth should and 
will be maintained.
  As a young boy who dreamt big and often, Michael Jackson sustained a 
decades-long career he began as a child in Gary, Indiana. He is a 
testament to young people everywhere that dreams are worth pursuing--
regardless of their size or scope. In this America, all great things 
are possible. He grew up before us all, adapting his style to match 
each passing decade and leaving a series of catchy, easily recognizable 
hits along the way. Jackson's music captured our imagination and never 
let go. His records are gifts he has left us and our posterity as 
remnants of a time that will live on in American history.
  As a person of color, who came to be highly regarded by Americans of 
all colors, he opened the door for other minorities to dare to achieve 
big. His music and dance moves were welcomed into living rooms across 
the country, without regard to his race. It was a harbinger of great 
things to come--Tiger Woods remains the best athlete in a sport not 
known for its diversity, the Top 40 Billboard charts feature a mix of 
Black and White musicians alike, and last January, we inaugurated this 
country's first African American President. His legacy eclipses its 
impact on the recording industry, the entertainment business, or even 
Hollywood--his life taught us an important lesson about race, about 
hard work, and about ourselves.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. ILEANA ROS-LEHTINEN

                               of florida

                    in the house of representatives

                        Wednesday, July 8, 2009

  Ms. ROS-LEHTINEN. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of H.R. 2847 
Commerce, Justice, Science, and Related Agencies Appropriations Act, 
2010.
  Requested by Rep. Ileana Ros-Lehtinen
  Bill number: H.R. 2487
  Account: Department of Justice, Byrne Discretionary Grants
  Amount: $500,000
  Project: Human Trafficking Initiative
  Requested by: St. Thomas University. 16401 NW 37th Avenue Miami 
Gardens, FL 33054
  St. Thomas University seeks support for an initiative that will 
provide essential educational and training services to law enforcement, 
immigration services, government employees directly involved with 
service providing to trafficking victims, as well as to private 
organizations and individuals as well as to generate awareness of this 
growing problem in the general public. The School of Law is committed 
to human rights dedicated to training the next generation of human 
rights leaders and advocates through its LL.M. and J.S.D. Programs in 
Intercultural Human Rights, and through the direct services of the 
Human Rights Institute.
  A three-week winter academy is proposed to be held annually on the 
STU campus. It will include lectures and training on practical issues 
(such as how to identify victims of human trafficking, how to collect 
data on human trafficking, how to diversify treatment of victims for 
different cultures, laws and relief services available, etc.) 
simulating different agency work governmental and non-governmental, 
with potential visits to pertinent agencies to gain hands on 
experience. The participants interested in receiving a certificate on 
human trafficking will sit for a final exam. In order to increase the 
community outreach goal of the program, a free lecture open to the 
public at large, will be offered that will focus on the local human 
trafficking problem. The last segment of the academy will be a mini-
conference where local and/or national voices, and the best experts in 
the field will be featured.
  Requested by Rep. Ileana Ros-Lehtinen
  Bill number: H.R. 2487
  Account: Department of Justice, Byrne Discretionary Grants
  Amount: $500,000
  Project: City of Miami Beach Afterschool Gang and Drug Prevention 
Program
  Requested by: City of Miami Beach. 1700 Convention Center Drive Miami 
Beach, FL 33139
  The primary goal of the Teen Club is to prevent and reduce delinquent 
behavior and keep

[[Page 17149]]

the community's at-risk youth in a positive environment to foster 
personal growth and encourage teens to become well-rounded individuals 
through the accumulation of new skills, awareness, and knowledge. 
Moreover, the program's aim is to promote health relationships that 
facilitate social skill development, decrease teen substance and 
alcohol abuse, and increase quality programming offerings that appeal 
to teenage youth. As a result, the participants involved in the Teen 
Club are less likely to entertain outside and detrimental participation 
in other unsupervised activities, including involvement in gangs and/or 
drugs. Current enrollment figures demonstrate more participants return 
for subsequent years in the program.
  Requested by Rep. Ileana Ros-Lehtinen
  Bill number: H.R. 2487
  Account: Department of Justice, Juvenile Justice
  Amount: $500,000
  Project: ARISE Life-Management Skills Intervention/Re-entry Program 
for High Risk Youth
  Requested by: The ARISE Foundation. 824 US Hwy 1 North Palm Beach, FL 
33408
  ARISE serves approximately facilities in all 23 Florida congressional 
districts, including the Miami Dade Juvenile Detention Center in Miami. 
Over 156,618 hours of Life-Skills lessons have been taught at this 
facility. A recent study by Professor Mark A. Cohen, Vanderbilt 
University, December 2007, demonstrates why it is so important to 
target high-risk youth. Year by Year Costs Imposed by High Risk 
Offenders Cohen shows that the cost of one offender with at least six 
police contacts from childhood to age 32 totals $3,172,998 in 2007 
dollars, In other words, saving one child saves taxpayers more than 3 
million. By comparison, the ARISE program costs $1.70 per hour per 
youth. Stopping the cycle of crime and gang violence by helping this 
population learn the skills necessary to succeed in life is an 
investment in our children and in our communities, with the potential 
to save millions of dollars tomorrow.
  Requested by Rep. Ileana Ros-Lehtinen
  Bill number: H.R. 2487
  Account: Department of Justice, Juvenile Justice
  Amount: $200,000
  Project: At-Risk Youth and Child Abuse Prevention Program
  Requested by: Ohel Children's Home and Family Services. 4233 Sheridan 
Road Miami Beach, FL 33140.
  This program engages at-risk youth in elementary and high schools to 
enhance their social and emotional functioning, as well as prevent and 
treat risky behaviors, including those that often lead to addictions 
and violence. The program includes school-based services, community 
education, and teacher training. The programs interact with student and 
include the use of role playing, small discussion groups, videos and 
modeling exercises that use current topics of discussion. Training is 
provided for teachers, guidance counselors and principals, and 
workshops for parents emphasize communication with children. Through 
community seminars, Ohel offers public forums for parents, educators, 
and community leaders on topics including self esteem, conflict 
resolution (bullying, anger management, etc.), relationship building 
(social skills training, peer pressure, etc.), and prevention of at-
risk behaviors such as addictions, eating disorders, gambling and 
abuse. This program is a valuable use of taxpayer funds in that it 
prevents at-risk behaviors from spiraling into juvenile delinquency. In 
addition, the program assists children who are the victims of abuse or 
who are confronted with challenging circumstances in their lives so 
that these experiences do not lead to ongoing, destructive behavior. 
Further, the program benefits the federal government by putting at-risk 
kids back on a successful track and thus saving significant federal 
expenditures by keeping them out of the juvenile justice system.

                          ____________________




      RECOGNIZING ROBERT STEPHENSON, MICHIGAN TEACHER OF THE YEAR

                                 ______
                                 

                            HON. MIKE ROGERS

                              of michigan

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. ROGERS of Michigan. Madam Speaker, today I rise to pay tribute to 
Robert Stephenson on his selection as Michigan's 2009-2010 Teacher of 
the Year.
  Over his 15-year teaching career, Robert Stephenson has helped to 
inspire and enlighten students across Mid-Michigan. Stephenson, a third 
grade teacher at Wardcliff Elementary School in East Lansing, was 
selected from 20 regional finalists statewide. The award recognizes 
excellence in teaching and aims to provide teachers with the 
opportunity to interact with policymakers, provide a public voice for 
educators, and focus public attention on the importance of teachers.
  Using a hands-on approach, Stephenson's classroom activities engage 
students at a higher intellectual level. He is a role model to all his 
students and colleagues as he uses new and innovative teaching 
techniques to provide students a better learning experience.
  Stephenson joins a unique class of teachers from Mid-Michigan. He is 
the fifth teacher from Mid-Michigan to receive this award in the last 
29 years, and the fourth from Michigan's Eighth district in the last 10 
years.
  Madam Speaker, education is the cornerstone of our future and great 
teachers lay the foundation for our comminutes. I wish to extend my 
gratitude to Robert Stephenson for his many years of service to the 
students in Michigan. I ask my colleagues to join me in recognizing Mr. 
Stephenson for his years of dedication to teaching and his recent 
selection as Michigan's Teacher of the Year.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. JOHN SULLIVAN

                              of oklahoma

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. SULLIVAN. Madam Speaker, consistent with House Republican Earmark 
Standards, I am submitting the following earmark disclosure and 
certification information for one project authorization request that I 
made and which was included within the text of H.R. 2647--National 
Defense Authorization Act for Fiscal Year 2010.
  Project: High Density Power Conversion and Distribution Equipment
  Project Amount: $5 million
  Account: Research and Development--Navy.
  Legal Name of Requesting Entity: L-3 Westwood Corporation
  Address of Requesting Entity: 12402 East 60th Street Tulsa, OK 74146.
  Description of Request: Navy power switchboard technology has 
remained essentially the same for nearly 50 years. This technology is 
passed largely on past Navy applications (with lower power needs) and 
commercial practices (which are less volume and weight sensitive). The 
Navy's power needs (e.g., sensors, weapons, house loads) have escalated 
and the newest power architecture designs have added additional 
concerns (e.g., higher frequencies), but the size and weight of the 
power distribution equipment are still limited. The inline switchboard 
technology simplifies the switchboard arrangement to greatly decrease 
size, weight, and lifecycle cost. In summary, this will provide the 
Navy with technology that will result in $0.25M/per year per destroyer/
cruiser in maintenance savings plus an additional $1 million per ship 
in overhaul savings. Additional savings are estimated in size and 
weight at 50 tons per ship and a space savings of 1000 sq.ft. Fuel 
savings due to the decreased weight are anticipated to be significant 
given the cost of fuel.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. DENNY REHBERG

                               of montana

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. REHBERG. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 2997--Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2010.
  Requesting Member: Rep. Denny Rehberg
  Bill Number: H.R. 2997
  Account: Rural cooperative development Grants
  Name and Address: National Center for Appropriate Technology, 3040 
Continental Dr., Butte, MT 59701
  Appropriate Technology Transfer for Rural Areas (ATTRA) provides 
information, educational resources and technical assistance to farmers, 
ranchers, and agricultural information providers across the U.S., with 
a special focus on sustainable ag technologies, farm energy, and 
information on marketing and adding value to farm products.
  Amount: $2,582,000
  Requesting Member: Rep. Denny Rehberg
  Bill Number: H.R. 2997
  Account: Buildings and facilities
  Name and Address: Montana State University--Bozeman, 202 Linfield 
Hall, Bozeman, MT 59717

[[Page 17150]]

  The progressive evolution of animal and range sciences has generated 
increasingly complex opportunities for research, teaching and outreach. 
The Animal Biosciences Research Facility will use the bovine genome 
sequence to identify ways to improve economic and environmental 
sustainability in the production of safe, high quality and consistent 
beef products by: identifying genes and their function; developing 
tools to control disease; improving nutrient utilization, management 
and production efficiency; and enhancing the nutrient composition of a 
safe supply of beef for the consumers in the United States and abroad.
  Amount: $3,654,000
  Requesting Member: Rep. Denny Rehberg
  Bill Number: H.R. 2997
  Account: Science and Research Grant
  Name and Address: Montana State University & National Barley 
Improvement Committee, 209 Plant Biosciences Building, Montana State 
University, Bozeman, MT 59717
  This project addresses the critical need of growers in production 
agriculture to increase economic yield and on-farm income, enhance 
domestic and international market access, improve production 
technologies, and better compete with Canadian and European barley and 
barley value-added imports, and with Australia, Canada, and Europe in 
world export markets.
  Amount: $514,000
  Requesting Member: Rep. Denny Rehberg
  Bill Number: H.R. 2997
  Account: Science and Research Grants
  Name and Address: Montana State University--Bozeman, 202 Linfield 
Hall, Bozeman, MT 59717
  B. abortus is a communicable disease that has already affected 
Montana's livestock industry and will continue to pose future threats 
until improved vaccines are developed. Montana must regain its 
Brucella-free status in order for the livestock industry to prosper. 
Furthermore, the presence of Brucella abortus in YNP poses a biosafety 
hazard to tourists that could impact the state's tourism industry, 
particularly, for southwestern Montana. Thus, efforts spearheaded by 
MSU are warranted, and the development of novel vaccines and study of 
livestock and bison immune responses will have a tremendously positive 
impact for Montana agriculture.
  Amount: $305,000
  Requesting Member: Rep. Denny Rehberg
  Bill Number: H.R. 2997
  Account: Science and Research Grants
  Name and Address: Montana State University--Bozeman, 202 Linfield 
Hall, Bozeman, MT 59717
  Improving beef quality depends upon: (1) assisting producers with 
selection and management techniques to produce cattle that fit customer 
expectations for marbling, red meat yield and weight, (2) developing a 
cattle ID system that facilitates data collection and information 
feedback and reduces reliance on hot-iron branding and (3) continuing 
to develop and apply technology to enhance the safety of beef. The 
Montana Beef Network addresses each of these areas. Montana's beef 
cattle industry generates approximately $900M dollars in yearly income 
and accounts for approximately one-half of the state's total 
agricultural income. The stockgrowers of the state own approximately 
1.6 million beef cows. It has been suggested that in the future, 
producer ability to market calves may require process verification of 
calves from birth until slaughter, so that vaccination history, breed, 
age and weight can be factored into subsequent management programs to 
guarantee food safety and ensure product quality and consistency.
  Amount: $682,000
  Requesting Member: Rep. Denny Rehberg
  Bill Number: H.R. 2997
  Account: EPA--Salaries and expenses
  Name and Address: The Montana Department of Livestock, PO Box 202001, 
Helena, MT 59620-2001
  To conduct brucellosis prevention, surveillance, control and 
eradication activities in Montana and the Greater Yellowstone Area 
(GYA), and to develop and implement brucellosis herd unit management 
plans.
  Amount: $650,000

                          ____________________




           CONGRATULATING THE SOCORRO BULLDOGS BASEBALL TEAM

                                 ______
                                 

                          HON. SILVESTRE REYES

                                of texas

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. REYES. Madam Speaker, I rise today to congratulate the Socorro 
High School baseball team for winning the 2009 Texas 5A State Baseball 
Championship. The Socorro High Bulldogs ended their championship season 
with an impressive record, becoming the second team in El Paso history 
to bring home the coveted state title.
  The team was tested by fierce competitors from across the great State 
of Texas, one of the most competitive states in the entire nation for 
high school baseball. As the post-season progressed, the Bulldogs 
fended off tough challengers and finished with an impressive 35-4 
record.
  On Saturday, June 13th, the Bulldogs had their toughest test this 
year when they faced the Lufkin Panthers in the state championship game 
at the Dell Diamond in Round Rock, Texas, and were down 2-0 in the 
game's early innings. The talented young men on the Socorro Bulldog 
team never wavered and forged an impressive come-from-behind victory.
  I am extremely proud of the dedication, determination, sportsmanship, 
and discipline of this talented baseball team and their Coach Chris 
Forbes. The members of this championship team are to be commended for 
their drive and perseverance. The 2009 team members include: Tavi 
Amparan, Chuy Diaz, Cory Falvey, Roger Favela, Chris Guzman, Eric 
Herrera, Bobby Mares, Sergio Mendoza, Marcus Molina, Armando Muniz, 
Jessirey Navarrete, Aaron Olivas, Josh Rodriguez, Rene Rodriguez, Oscar 
Sandate, Ivan Sigala, Angel Soria, George Stoltz, and Luis Yanez.
  Head Coach Chris Forbes and his great team of assistant coaches, Joe 
Alvarez, Adrian Garcia, Federico Contreras, and Herbert Reyes, were the 
masterminds behind the team's success. Coach Forbes, in particular, 
instilled a sense of hard work and discipline that kept the players 
motivated throughout the regular season and post-season. As part of his 
25-year career in coaching, the former Austin High School baseball 
player has taken Socorro to 20 playoff appearances. Coach Forbes also 
boasts the most wins (576) of any varsity baseball coach in El Paso.
  The Bulldogs' championship title energized El Paso sports fans, as 
over a thousand parents and members of the community made the long 
journey to Round Rock to cheer the team to victory. This team will 
forever be remembered for its historic victory that brought the State 
Championship Trophy to El Paso, 60 years after the storied Bowie Bears 
baseball team achieved the same feat in 1949. I am proud to join my 
constituents from the 16th District of Texas in commending the Socorro 
Bulldogs baseball team for a job well done.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. MIKE ROGERS

                              of michigan

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. ROGERS of Michigan. Madam Speaker, pursuant to the House 
Republican standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of H.R. 2997, The 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act of 2010.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 302 Administration Building, East 
Lansing, MI 48824
  Description of Request: Provide funding of $384,000 for the detailed 
investigation of the most promising technologies to determine the value 
proposition that is needed to interest commercial partners in the 
further development of bio based production of fuels, chemicals, and 
materials. Approximately, $150,000 is for salaries; $150,000 is for 
materials and supplies; and $84,000 is for equipment purchases and 
travel costs.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI 48824
  Description of Request: Provide funding of $346,000 for fire blight 
research to be shared by Michigan State University in East Lansing 
Michigan and Cornell University in New York. Approximately, $184,000 is 
for the salaries of laboratory and $162,000 for field research 
personnel and for materials and supplies at Michigan State University. 
The remaining funds will

[[Page 17151]]

be allocated to Cornell University in New York. Researchers at both 
universities will collaborate on findings. Michigan State University 
has obtained funding from the State of Michigan, Michigan Apple 
Committee and industry sources and will continue to fund the fire 
blight research at MSU at a level of $112,000 in FY10.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI 48824 Description of Request: Provide funding for $104,000 
for research of Armillaria Root Rot. Approximately, $70,000 is for the 
salaries of laboratory researchers; $13,000 is for operating costs; 
$1000 is for travel to field sites; and $20,000 is for equipment 
necessary.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI 48824
  Description of Request: Provide funding of $246,000 for research of 
Bovine Tuberculosis. Approximately, $174,000 is for Salaries and 
support for 3 graduate students; $60,000 is for Laboratory supplies; 
and $12,000 for research related travel. Michigan State University will 
provide $127,500 in-kind funding.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI 48824
  Description of Request: Provide funding of $147,000 to improve fruit 
practices for sugar beets and dry beans. Approximately, $100,000 is for 
salaries and expenses and $47,000 is for lab maintenance and equipment. 
In addition to the federal funds provided by this grant, this research 
is supported by personnel, equipment, and facilities funded by the 
Michigan agricultural Experiment Station and Michigan State University 
Extension.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI 48824
  Description of Request: Provide funding of $266,000 to enhance the 
environmental sustainability of food and agricultural systems under 
research at Michigan State University. Michigan State University 
expects to leverage at least $150,000 in state, local, and private 
funds to expand the impacts of the special grant. Approximately, 
$285,000 is for salaries of 11 researchers; $15,000 is for travel 
expenses; $10,000 is for farmer stipends; $25,000 is for materials and 
supplies; and $81,000 is for communication and outreach.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI 48824
  Description of Request: Provide funding of $4,545,000 for wood 
utilization research with Michigan's share being $728,545. The 
requested funds will be used for salaries of key personal and graduate 
students. Grant funds will also be used to purchase equipment, 
materials and supplies needed. Michigan State University provides in 
excess of $500,000 in support of this project annually through use of 
lab space, equipment, and personnel assigned to the project.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 2997
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI 48824
  Description of Request: Provide funding of $346,000 for Phytophthora 
Capsici Research to reduce the loss experienced by Michigan vegetable 
growers from this disease Approximately $100,000 will be to fund 
graduate and undergraduate students and technical staff. $246,000 will 
be for research, travel and equipment purchases.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. BOOZMAN. Madam Speaker, pursuant to the House Republican 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as a part of H.R. 2997, the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act for FY 2010.
  Requesting Member: Congressman John Boozman
  Bill Number: H.R. 2997
  Account: Rural cooperative development grants
  Legal Name of Requesting Entity: Appropriate Technology Transfer for 
Rural Areas (ATTRA)
  Address of Requesting Entity: 207 W. Center St., P.O. Box 3657, 
Fayetteville, AR 72702
  Description of Request: The funding would be used for the national 
sustainable agriculture information service, to offer technical 
information and assistance to farmers, ranchers and agricultural 
information providers
  Requesting Member: Congressman John Boozman
  Bill Number: H.R. 2997
  Account: Rural-Business Cooperative Service
  Legal Name of Requesting Entity: University of Arkansas Division of 
Agriculture
  Address of Requesting Entity: 207 E212 AFLS Building, University of 
Arkansas, Fayetteville, AR 72701
  Description of Request: The funding would be used for the 
continuation of University of Arkansas Division of Agriculture 
Endophyte Research programs
  Requesting Member: Congressman John Boozman
  Bill Number: H.R. 2997
  Account: Salaries and expenses
  Legal Name of Requesting Entity: National Agricultural Law Center, 
University of Arkansas School of Law
  Address of Requesting Entity: 107 Waterman Hall, Fayetteville, AR 
72701
  Description of Request: The funding would be used to provide a 
leading source of objective, scholarly, and authoritative agricultural 
and food law research and information
  Requesting Member: Congressman John Boozman
  Bill Number: H.R. 2997
  Account: SRG
  Legal Name of Requesting Entity: Animal Science Food Safety 
Consortium, University of Arkansas Division of Agriculture
  Address of Requesting Entity: E212 AFLS Building, University of 
Arkansas, Fayetteville, AR 72701
  Description of Request: the funding would be used for the 
continuation of Animal Science and Food Safety Consortium programs
  Requesting Member: Congressman John Boozman
  Bill Number: H.R. 2997
  Account: SRG Legal
  Name of Requesting Entity: National Consortium for Rural Geospatial 
Innovations in America, RGIS--Mid-South Center for Advanced Spatial 
Technologies
  Address of Requesting Entity: JBHT 304, University of Arkansas, 
Fayetteville, AR 72701
  Description of Request: The funding would be used for the 
continuation of University of Arkansas participation in the National 
Consortium for Rural Geospatial Innovations in America (RGIS)
  Requesting Member: Congressman John Boozman
  Bill Number: H.R. 2997
  Account: SRG
  Legal Name of Requesting Entity: Institute of Food Science and 
Engineering, University of Arkansas Division of Agriculture
  Address of Requesting Entity: E212 AFLS Building, University of 
Arkansas, Fayetteville, AR 72701

[[Page 17152]]

  Description of Request: the funding would be used to provide 
multidisciplinary research on value-added processing, safety, 
nutritional value, packaging, storage, and distribution of food 
products

                          ____________________




        HONORING THE LIFETIME ACHIEVEMENTS OF SISTER ALINE ANTIL

                                 ______
                                 

                           HON. BILL DELAHUNT

                            of massachusetts

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. DELAHUNT. Madam Speaker, I rise today so that my colleagues in 
the House of Representatives can join me in recognizing the 
distinguished and selflessly dedicated contributions of Sister Aline 
Antil, a native daughter of New Bedford, Massachusetts.
  In February of 1959, Ms. Antil first entered the Congregation of the 
Holy Cross, a spiritual decision that would shape not only her life but 
those of the countless women, children, and families whom she has 
touched through her missionary work. Across New England--in North 
Grosvernordale, Connecticut; in West Franklin, New Hampshire; and in 
Springfield, Massachusetts--Sister Aline used her infectiously positive 
attitude and love of learning to instill her elementary- and middle-
school-aged pupils with wisdom, knowledge, and the highest moral 
values.
  For the past 37 years, Sister Aline has served in various parts of 
Haiti, a country whose population depends upon the humanitarian efforts 
of those compassionate enough to answer the calling. Most recently, she 
served as principal of Ecole Presbyterale de Fleurenceau, St. Marc, a 
position she has held in other locations. In a country where most 
Americans would find conditions appalling, Sister Aline Antil has never 
looked down on her students with pity. Rather, she has treated them as 
equals and taken great pride in the opportunity to help them learn, 
grow, and understand their valuable role in the world.
  Sister Aline speaks fluent French, English, and of course, Creole, 
the native tongue of the people with whom she lives and works. Those 
who know her well--her family and peers--will tell you that no matter 
where she is in a room, you'll know her by her laughter. Her optimism 
and enthusiastic love of life know no bounds, a trait that has allowed 
her to thrive and brought her comfort under trying circumstances that 
most of us can only imagine.
  As she celebrates her 50th Jubilee this week, Sister Aline Antil 
deserves the highest praise and recognition for the difference she has 
made in lives both young and old. Her charitable example is a story of 
hope, love, and inspiration at a time when we all need it. Thank you, 
Sister Aline Antil, for your exemplary work. I wish you health, 
happiness, and all good things in the years to come.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. STEVE KING

                                of iowa

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. KING of Iowa. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of H.R. 2997, the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2010.
  Requesting Member: Congressman Steve King
  Bill Number H.R. 2997, the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2010
  Account: Natural Resources Conservation Service, Conservation 
Operations
  Amount: $288,000
  Legal Name of Requesting Entity: Iowa Soybean Assn.
  Address of Requesting Entity: 4554 114th St., Urbandale, IA 50322
  Description of Request: The public now demands from crop producers 
both increased production of food, fiber, fuel, and other biobased 
product feedstocks and increased, documented environmental performance 
to conserve soils, sequester carbon, improve water quality, reduce 
greenhouse gas emissions, improve energy efficiency and increase 
wildlife habitat. As independent business persons, farmers in the Upper 
Mississippi River Basin and across the country need management systems 
to help them incorporate the best tools of science and business to 
measure and improve both agronomic and environmental performance while 
sustaining profitability.
  The Iowa Soybean Association's Certified Environmental Management 
Systems for Agriculture (CEMSA) program has developed and piloted the 
basic management system and the technical assistance model producers in 
Iowa, the UMR Basin, and other agricultural regions need to meet these 
21st Century demands. Expanding the scale of CEMSA in FY10, integrating 
individual planning with watershed planning, linking performance 
reporting to NRCS's system, and documenting and providing aggregated 
performance data to the soy biodiesel and corn ethanol industry on 
advances in agriculture's environmental performance and energy 
efficiency have significant implications in transferability of CEMSA 
throughout the UMR Basin and in the future of the farm-belt biofuels 
industry. It benefits farmers by preparing them for participation in 
USDA conservation programs, helping them improve profitability through 
better management, helps them effectively implement and evaluate the 
impact on their business of conservation strategies they hold as top 
priorities, and verifies their success in achieving environmental and 
energy efficiency performance gains.
  CEMSA is also providing national leadership for advancing production 
agriculture's environmental performance. It is one of the ISA programs 
recognized by the National Academy of Sciences National Research 
Council's study on ``Mississippi River Water Quality and the Clean 
Water Act'' as exemplary of the performance-based, public-private 
partnership projects that should be expanded throughout the UMR Basin.
  CEMSA's private sector partnership with a public agency (USDA NRCS) 
has a positive impact on the agency's ability to fulfill its mission. 
This multi-year cooperative agreement has facilitated a strong working 
relationship which helps diffuse private sector innovation in the 
local, state, and federal offices and expands agency outreach through 
ISA's multi-level outreach to farmers. This public-private partnership 
designed specifically for ISA's programs enables flexibility the agency 
would not have on its own to create resource-centric planning and 
implementation, rather than program-centric approaches to resources. It 
has created an effective way to deal with institutional barriers that 
often hinder effective program implementation, which can best be done 
by the private sector working with agencies, but is not otherwise 
supported by the market or by program funding.
  Requesting Member: Congressman Steve King
  Bill Number H.R. 2997, the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2010
  Account: Natural Resources Conservation Service, Conservation 
Operations
  Amount: $282,000
  Legal Name of Requesting Entity: Hungry Canyons Alliance
  Address of Requesting Entity: 712 S. Hwy 6 & 59, Oakland, IA 51560
  Description of Request: The goals of Hungry Canyons Alliance are: 1) 
To provide financial and technical assistance for streambed 
stabilization projects to the 23 counties of the deep loess region in 
western Iowa, 2) To conduct research in effective methods of streambed 
stabilization, and 3) To provide demonstration of streambed 
stabilization projects for members and for the public. With an 
estimated construction budget of $1,243,900 for FY10, the HCA will 
build approximately 18 grade control structures to prevent streambed 
degradation in western Iowa, protecting $5.27 million in infrastructure 
and property value and preventing 1.2 million tons of sediment from 
erosion.
  Requesting Member: Congressman Steve King
  Bill Number H.R. 2997, the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2010
  Account: Natural Resources Conservation Service, Conservation 
Operations
  Amount: $134,000
  Legal Name of Requesting Entity: Iowa Soybean Assn.
  Address of Requesting Entity: 4554 114th St., Urbandale, IA 50322
  Description of Request: The Iowa Soybean Association's Watershed 
Management and Demonstration Program is a continuing project that links 
public and private resources and expertise to provide technical 
assistance to individual farmers, groups of farmers, and other 
stakeholders in Iowa watersheds for the purpose of improving 
agriculture's environmental

[[Page 17153]]

performance and watershed health. The project design employs science-
based applied evaluation tools at field, farm, and watershed level 
(such as water monitoring, soil sampling, and guided stalk sampling) to 
collect performance data that can be applied in a feedback loop to the 
planning process. The project supports expert staff to assist watershed 
organizations and groups of farmers in developing and maintaining these 
adaptive management plans and in measuring and reporting performance in 
optimizing fertilizer use efficiency, remediating agricultural 
pollutants, decreasing soil erosion, building soil carbon, improving 
on-farm energy efficiency, reducing greenhouse gas emissions, enhancing 
wildlife habitat, and maintaining or increasing yield and 
profitability. Private-public partnerships among agencies, private 
industry, producers, environmental groups, all levels of government, 
water utilities, and the university are fundamental to the design of 
this project, and those functioning partnerships to achieve the above 
project objectives are a measure of the project's success. This project 
also enables farmers to engage in watershed leadership and planning, 
employing their expertise and motivating more effective environmental 
management practices.
  Federal funding will be used to support integration of watershed 
planning and privately funded conservation practices with planning and 
performance reporting conducted by USDA NRCS in Iowa; integration of 
watershed planning with individual producers' conservation planning in 
targeted watersheds in 4-6 additional targeted watersheds; development 
and evaluation of solutions to agricultural non-point source pollution 
targeted to prioritized Iowa watersheds; and integration of data 
collection and reporting focused on soil, atmosphere, and energy 
conservation as indirect attributes of water quality improvement 
efforts in agricultural watersheds. One of the greatest challenges to 
achieving and documenting actual improvements in water quality and 
watershed health where Rapid Watershed Assessment and Watershed 
Planning has taken place and where significant farmer participation in 
conservation planning and implementation is taking place is the lack of 
sustained funding for planning, technical assistance to farmers and 
watersheds, and water monitoring implementations. Previous 
appropriations for this project are helping meet that challenge in at 
least three major agricultural watersheds in Iowa--Raccoon, Boone, and 
Iowa River-Upper. FY10 funding will help continue to meet that 
challenge for the period of time required to achieve and document 
results and to demonstrate a performance-based model for achieving 
agronomic, environmental, and economic goals in farm-belt watersheds. 
The planning and monitoring infrastructure and watershed partnerships 
developed under previous federal funding are in place, and these 
appropriations help ensure the necessary scope and scale of 
implementation and the integration of otherwise discreet programs. The 
work being done in these watersheds, linked to sophisticated water 
monitoring and analysis and other resource monitoring tools, can have a 
significant impact on the ability of farmers and other agricultural 
watershed stakeholders to achieve and document real advances in 
watershed health and water quality, if given time to work. This can 
have significant impacts on the ability of agencies to tailor their 
program incentives, cost share, and delivery systems to be more 
effective in helping groups of producers in watershed achieve success 
in meeting natural resource conservation goals and improving water 
quality. It will also demonstrate effective models for the private 
sector's role in working with agencies to more efficiently and 
effectively meet environmental performance goals.
  Requesting Member: Congressman Steve King
  Bill Number H.R. 2997, the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2010
  Account: Natural Resources Conservation Service, Watershed/Flood 
Prevention Operations
  Amount: $1,146,000
  Legal Name of Requesting Entity: USDA--Natural Resources Conservation 
Services
  Address of Requesting Entity: 210 Walnut Street, 693 Federal 
Building, Des Moines, IA 50309
  Description of Request: The requested funding will be used to reduce 
flood damage, gully erosion damage, stream channel degradation, and to 
improve water quality within the Little Sioux River Watershed of 
western Iowa. The Little Sioux watershed in western Iowa is an area 
that is intensively farmed due to productive but easily erodible soils. 
This funding will help to provide landowners and communities much-
needed assistance in installing soil and water conservation practices 
to slow water runoff and reduce erosion damage to agricultural land, 
public infrastructure including roads and bridges, and to reduce 
sediment and associated agricultural nutrients and pesticides being 
delivered to streams and rivers.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. TIMOTHY V. JOHNSON

                              of illinois

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. JOHNSON of Illinois. Madam Speaker, pursuant to the Republican 
Leadership standards on project funding, I am submitting the following 
information regarding project funding I requested as part of Fiscal 
Year 2010 Agriculture Appropriations bill--H.R. 2997:
  Requesting Member: Timothy V. Johnson
  Bill Number: H.R. 2997--Fiscal Year 2010 Agriculture Appropriations 
bill
  Account: National Institute of Food and Agriculture--SRG
  Legal Name of Requesting Entity: University of Illinois
  Address of Requesting Entity: College of Agricultural, Consumer and 
Environmental Sciences, 1301 West Gregory Drive, Urbana, IL 61801
  Description of Request: $176,000 for the University of Illinois 
Extension to extend its MarketMaker information technology platform to 
a national level that will enable food producers, processors, 
wholesalers and retailers electronic access to geographically-
referenced data, thus enhancing the opportunity for food and 
agricultural entrepreneurs to identify and develop new and profitable 
markets and improve the efficiency and profitability of food systems in 
the United States and globally. Of this amount $91,277 is for 
personnel; $28,752 for Supplies; $17,204 for Publications; $13,198 for 
Services; $13,679 for travel; and $11,890 for USDA administrative 
costs.
  Requesting Member: Timothy V. Johnson
  Bill Number: H.R. 2997--Fiscal Year 2010 Agriculture Appropriations 
bill
  Account: National Institute of Food and Agriculture--SRG
  Legal Name of Requesting Entity: University of Illinois-
  Address of Requesting Entity: College of Veterinary Medicine, 1008 
Hazelwood Dr., Urbana, IL 61802
  Description of Request: $235,000 for the Illinois Center for One 
Medicine, One Health at the University of Illinois which will focus on 
research, training and outreach efforts designed to improve our 
society's preparedness and response to natural and intentional 
exposures of biological, chemical and physical agents. Of this amount 
$117,500 is for research; $47,000 is for the instruction of courses 
various academic programs; and $70,500 for training programs and 
excercises to serve state departments of agriculture and public health.
  Requesting Member: Timothy V. Johnson
  Bill Number: H.R. 2997--Fiscal Year 2010 Agriculture Appropriations 
bill
  Account: National Institute of Food and Agriculture--SRG
  Legal Name of Requesting Entity: University of Illinois
  Address of Requesting Entity: College of Agricultural, Consumer and 
Environmental Sciences, 1301 West Gregory Drive, Urbana, IL 61801
  Description of Request: $461,000 for the University of Illinois to 
conduct collaborative, multidisciplinary research to promote optimal 
human health by studying novel attributes of food. Of this amount 
$322,300 is for Personnel; $14,000 is for Participant/Trainee Support; 
$60,600 for Supplies; $3,300 for Publications; $29,800 for Travel; and 
$31,000 for USDA administrative costs.
  Requesting Member: Timothy V. Johnson
  Bill Number: H.R. 2997--Fiscal Year 2010 Agriculture Appropriations 
bill
  Account: National Institute of Food and Agriculture--SRG
  Legal Name of Requesting Entity: University of Illinois
  Address of Requesting Entity: College of Agricultural, Consumer and 
Environmental Sciences, 1301 West Gregory Drive, Urbana, IL 61801
  Description of Request: $745,000 for the Soybean Disease 
Biotechnology Center, located within the National Soybean Research 
Laboratory (NSRL) at the University of Illinois, which provides cutting 
edge research and a first line of defense against major soybean 
diseases. Of this amount $595,000 is for Personnel; $80,000 for 
Supplies; $20,000 for Travel; and $50,000 for USDA administrative 
costs.

[[Page 17154]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. GREGG HARPER

                             of mississippi

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. HARPER. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 2997--Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2010:
  Requesting Member: Congressman Gregg Harper
  Bill Number: H.R. 2997
  Account: Cooperative State Research Education and Extension Service
  Project Name: Genomics for Southern Crop Stress and Disease
  Recipient and Address: Mississippi State University, P.O. Box 9800, 
Mississippi State, MS 39762
  Amount: $797,000
  Description: Mississippi State will provide innovative genomics 
research solutions to address disease and climatic stressors in 
Mississippi's most valuable commodity crops. Forestry, Poultry, 
Catfish, and many more Mississippi industries will benefit from this 
research. Advances in understanding genomic responses to stress and 
disease are anticipated to have a beneficial impact on yields, costs, 
and environmental sustainability.
  Requesting Member: Congressman Gregg Harper
  Bill Number: H.R. 2997
  Account: Cooperative State Research Education and Extension Service
  Project Name: Biomass-based Energy Research Program
  Recipient and Address: Mississippi State University, P.O. Box 9800, 
Mississippi State, MS 39762
  Amount: $839,000
  Description: The Consortium is developing a unique gasification-
catalytic process that utilizes all of the plant biomass, including the 
lignin, to produce liquid fuel. Mississippi State University and 
Oklahoma State University will cooperate in conducing technical and 
economic evaluation for the gasification-catalytic conversion process. 
Currently, MSU is conducting research to develop new catalysts to 
improve the conversion of syngas into liquid hydrocarbons.
  Requesting Member: Congressman Gregg Harper
  Bill Number: H.R. 2997
  Account: Cooperative State Research Education and Extension Service
  Project Name: Wood Utilization Project
  Recipient and Address: Mississippi State University, P.O. Box 9680, 
Mississippi State, MS 39672
  Amount: $4,545,000
  Description: Mississippi State University will conduct vital research 
and education on wood use to support the competitiveness of small and 
medium wood product manufacturers and the needs of the public through 
the Wood Utilization Research (WUR) Program. 12 Wood Utilization 
Research Centers at state universities across the U.S. will participate 
in this program. Mississippi has the potential to economically grow 
much larger volumes of wood. Focused research is essential to enhance 
the development of the current industry and to create new wood-based 
industries such as that of energy and chemicals.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                        Wednesday, July 8, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, pursuant to the 
Republican Leadership standards on earmarks, I am submitting the 
following information regarding earmarks I received as part of H.R. 
2647--National Defense Authorization Act for Fiscal Year 2010.
  I requested one project in H.R. 2647.
  In coordination with thirteen other Members of Congress, I sent a 
letter to the Chairman and Ranking Member requesting support for 
additional funding for the Army National Guard's H60 Black Hawk 
Helicopter modernization program. As a result of this letter, $20.4 
million was included in the Defense Authorization Act for this purpose. 
Army National Guard operational tempos are the highest they have ever 
been supporting the full spectrum of state missions including search 
and rescue, utility/lift, disaster relief, firefighting, medical 
evacuation, all while sustaining deployments to Iraq, Afghanistan and 
the Balkans. This high operational tempo is wearing out the National 
Guard H60 fleet much faster than planned and as a result of this 
request, we can ensure the National Guard has the tools and equipment 
they need to do their job.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. GLENN THOMPSON

                            of pennsylvania

                    in the house of representatives

                         Tuesday, July 7, 2009

  Mr. THOMPSON of Pennsylvania. Madam Speaker, pursuant to the 
Republican standards on earmarks, I am submitting the following 
information regarding earmarks I received as a part of H.R. 2997, the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Act, 2010. The entity to receive funding is the 
Pennsylvania State University, 117 Old Main, University Park, PA 16802, 
in the amount of $133,000. Funding will be used to increase field 
research/demonstration in order to increase farmer and farm advisor 
exposure to sustainable cropping system practices.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. PAUL C. BROUN

                               of georgia

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. BROUN of Georgia. Madam Speaker, on Tuesday, July 7, 2009, I 
missed the following votes: rollcall Nos. 478 and 479. If I had been 
able to make these votes, I would have voted ``aye'' on rollcall vote 
478. I would have voted ``nay'' on rollcall vote 479.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. LARRY KISSELL

                           of north carolina

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. KISSELL. Madam Speaker, on Tuesday, July 7, 2009, I missed two 
rollcall votes as I was attending a meeting in North Carolina 
concerning my state's higher educational system. Had I been present, I 
would have voted ``aye'' on rollcall numbers 478 and 479.

                          ____________________




                     HONORING T. MICHAEL NICHOLSON

                                 ______
                                 

                          HON. ERIC J.J. MASSA

                              of new york

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. MASSA. Madam Speaker, I rise today to honor T. Michael Nicholson, 
a man who has suffered tremendous personal loss but has used it as 
inspiration to help others.
  Michael, at a young age, in a desire to help his community became a 
volunteer firefighter. He was only a junior in high school. He joined 
the Bushnell's Basin Volunteer Fire Department in the town of Perinton. 
Six months after joining he was struck by a car while directing traffic 
to a fire scene. Michael was severely injured and was given a 50% 
chance of living.
  His legs were broken, his back was broken, and his skull was 
fractured. Michael was in a coma for three weeks which he was not 
expected to come out of.
  The State of New York agreed to compensate Michael with eighty 
dollars a week for what they deemed partial disability.
  However, the long term effects Michael suffered from prevented him 
from living a normal life and $80 a week was insufficient to live on. 
He pled his case to an administration law judge with hopes of being 
allowed a total permanent disability status.
  His request being denied, Michael was told, ``If you want to do 
anything about this, then change the workers' compensation law.''
  So he did.
  Using this as inspiration Michael has led a crusade to overhaul the 
way the workers compensation system treats firefighters. Against all 
odds he has scored victories in the State Senate and Assembly where a 
law was created to bring the weekly benefit rate up to $400. This was a 
significant increase especially since some firefighters were trying to 
live off of $25 a week.
  On November 29th, 1992, the United States Department of Justice 
created the Public Safety Officer Disability Benefit which awards 
federal benefits to any Public Safety Officer in the United States who 
is permanently disabled from an ``in the line-of-injury'' suffered in 
their community.
  Disabled firefighters have Michael Nicholson to thank for this. With 
his hard work and drive

[[Page 17155]]

he was able to fix what was unfair and it is for this reason I honor 
him.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. GLENN THOMPSON

                            of pennsylvania

                    in the house of representatives

                         Tuesday, July 7, 2009

  Mr. THOMPSON of Pennsylvania. Madam Speaker, pursuant to the 
Republican standards on earmarks, I am submitting the following 
information regarding earmarks I received as a part of H.R. 2997, the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Act, 2010. The entity to receive funding is the 
Pennsylvania State University, 117 Old Main, University Park, PA 16802, 
in the amount of $349,000. Funding will be used for a project at Penn 
State that has a goal of improving dairy farm profitability throughout 
the Commonwealth.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. ADAM H. PUTNAM

                               of florida

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. PUTNAM. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 2997, the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2010.
  Requesting Member: Congressman Adam H. Putnam
  Bill Number: H.R. 2997
  Account: National Institute of Food and Agriculture
  Project Funding Amount: $300,000
  Legal Name of Requesting Entity: Hillsborough County/University of 
Florida
  Address of Requesting Entity: University of Florida, Institute for 
Food and Agriculture Sciences, Post Office Box 110180, Gainesville, FL 
32611-0180
  Description of Request: The Hillsborough County--Ruskin Tropical 
Aquaculture Laboratory is a cooperative venture of Hillsborough County 
and the University of Florida. Research from the laboratory provides 
much needed science-based technologies in nutrition, reproduction, 
health, and water quality management issues for the tropical ornamental 
aquaculture industry, based primarily in the county.
  Requesting Member: Congressman Adam H. Putnam
  Bill Number: H.R. 2997
  Account: National Institute of Food and Agriculture
  Project Funding Amount: $1,217,000
  Legal Name of Requesting Entity: University of Florida
  Address of Requesting Entity: University of Florida, Institute for 
Food and Agriculture Sciences, Post Office Box 110180, Gainesville, FL 
32611-0180
  Description of Request: For critical continuation and expansion of 
vital Citrus Greening and Citrus Canker research to improve 
technologies for treatment and detection, methods of movement and 
containment, and means to control and eliminate these devastating 
diseases.
  Requesting Member: Congressman Adam H. Putnam
  Bill Number: H.R. 2997
  Account: National Institute of Food and Agriculture
  Project Funding Amount: $6,677,000
  Legal Name of Requesting Entity: University of Florida
  Address of Requesting Entity: University of Florida, Institute for 
Food and Agriculture Sciences, Post Office Box 110180, Gainesville, FL 
32611-0180
  Description of Request: The Tropical/Subtropical Agricultural 
Research (T-STAR) program conducts research and education for 
interdiction, eradication, and suppression of invasive plants, animals, 
insects and disease. The objective of this critical initiative is to 
develop strategies and tactics to stem the influx of invasive species 
into the United States to protect American agriculture.
  Requesting Member: Congressman Adam H. Putnam
  Bill Number: H.R. 2997
  Account: Animal and Plant Health Inspection Service (APHIS)
  Project Funding Amount: $43.6 million
  Legal Name of Requesting Entity: U.S. Department of Agriculture
  Address of Requesting Entity: U.S. Department of Agriculture, 14th 
and Independence Avenue, SW., Washington, DC 20250
  Description of Request: Due to the rapidly spreading nature of citrus 
pests and disease and their enormous potential economic impact, it is 
important that the Federal government actively support a coordinated 
plan to control, suppress and prevent further spread of the Citrus 
Greening and Citrus Canker through the Citrus Health Response Plan.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. GLENN THOMPSON

                            of pennsylvania

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. THOMPSON of Pennsylvania. Madam Speaker, pursuant to the 
Republican standards on earmarks, I am submitting the following 
information regarding earmarks I received as a part of H.R. 2997, the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Act, 2010. The entity to receive funding is the 
Pennsylvania State University, 117 Old Main, University Park, PA 16802, 
in the amount of $771,000. Funding will be used for research that 
protects the safety of dairy products for Pennsylvania and the nation.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. LYNN JENKINS

                               of kansas

                    in the house of representatives

                        Wednesday, July 8, 2009

  Ms. JENKINS. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of the FY 2010 Agriculture 
Appropriations bill, H.R. 2997:
  Earmark: Polymer Research at Pittsburg State University
  Requesting Member: Congresswoman Lynn Jenkins
  Bill Number: H.R. 2997
  Account: National Institute of Food and Agriculture, RE/FA Account
  Legal Name of Requesting Entity: Pittsburg State University
  Address of Requesting Entity: 1701 S Broadway, Pittsburg, KS 66762
  Description of Request: Provide an earmark of $1,500,000 to make 
contributions in the use of cellulosic fibers of wheat straw, corn 
stalks, and grasses (all grown in abundance in Kansas) to convert them 
to fillers for a new family of plastics that would be cheaper and 
require less energy to manufacture, and also be more friendly to the 
environment. This is a good fit at Pittsburg State University due to 
their certified program in Plastics Engineering Technology. Continued 
Federal endorsement and funding for these activities will build upon 
their past successes in the area of polymeric oils for use in 
polyurethanes. If the United States is to become independent of foreign 
oil producers, then we must pursue industrial sustainability by 
continuous innovation, improvement and use of clean technology to 
reduce pollution levels and consumption of resources. At the Kansas 
Polymer Research Center, they can apply knowledge of biochemistry to 
develop processes to produce new bio-based products more efficiently 
than the chemical processes we have been using.
  Earmark: Wheat Genetic Research
  Requesting Member: Congresswoman Lynn Jenkins
  Bill Number: H.R. 2997
  Account: National Institute of Food and Agriculture, SRG Account
  Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: Anderson Hall, Manhattan, KS 66506
  Description of Request: Provide an earmark of $240,000 to map and 
sequence the wheat genome through the Wheat Genetic and Genomic 
Resources Center (WGGRC). The WGGRC gene bank currently maintains 
12,000 lines and these collections are continuously expanding as the 
Center acquires, develops, and distributes new genetic and genomic 
resources to facilitate wheat genetics, genomics, and breeding 
research. Kansas State University and Kansas wheat producers have 
already made an investment of almost $1.0 million towards the purchase 
of a DNA sequencer and a robot for arraying and printing of DNA 
filters. This request will collect, conserve, and distribute wheat 
genetic and genomic resources; develop improved germ plasm; develop 
genetic stocks; develop genomic resources; and support training and 
outreach.
  Earmark: Grain Sorghum
  Requesting Member: Congresswoman Lynn Jenkins
  Bill Number: H.R. 2997
  Account: National Institute of Food and Agriculture, SRG Account

[[Page 17156]]

  Legal Name of Requesting Entity: Kansas State University and Texas 
Tech University
  Address of Requesting Entity: Anderson Hall, Manhattan, KS 66506, and 
2500 Broadway, Lubbock, TX 79409
  Description of Request: Provide an earmark of $515,000 to permit the 
Great Plains Sorghum Improvement and Utilization Center (GPSIUC) to 
expand existing research and educational programs, particularly in 
genetic improvement and sorghum utilization. Sorghum is one of the most 
drought tolerant crops in the world, offering many potential advantages 
as a food, feed and bioenergy crop to the rural economies of the Great 
Plains.
  Earmark: Water Conservation
  Requesting Member: Congresswoman Lynn Jenkins
  Bill Number: H.R. 2997
  Account: National Institute of Food and Agriculture, SRG Account
  Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: Anderson Hall, Manhattan, KS 66506
  Description of Request: To provide an earmark of $69,000 to help: (1) 
agricultural producers, both crop and livestock, (2) rural communities 
in water-short areas; and (3) state and regional agencies to implement 
economical technologies and policies that will result in water 
conservation and prolong the life of the Ogallala aquifer in the face 
of increasing competition for declining aquifers and over-allocated 
surface waters. This effort is critical to the economic viability of 
western Kansas. In many parts of western Kansas, freshwater from both 
surface and groundwater is increasingly in short supply. Drought, 
aquifer and surface water depletion, and population shifts have 
stretched community and regional water supplies to their limits. As 
groundwater supplies decline or become cost prohibitive, better 
management of water through conservation, recycling, and treatment of 
poor quality water for secondary uses becomes even more important.
  Earmark: Preharvest Food Safety
  Requesting Member: Congresswoman Lynn Jenkins
  Bill Number: H.R. 2997
  Account: National Institute of Food and Agriculture, SRG Account
  Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: Anderson Hall, Manhattan, KS 66506
  Description of Request: To provide an earmark of $142,000 to expand 
the University's investigations into (1) the ecology of Salmonella in 
beef cattle, (2) antimicrobial resistance in cattle, and (3) 
agroinformatics, and (4) animal health diagnostics. These four areas of 
research have great overlap and synergy and will allow Kansas State 
University to better identify emerging threats of food-borne and 
zoonotic diseases associated with food-producing animals. Currently, 
Kansas State University has an ongoing USDA special project on the 
ecology of E. coli O157:H7 in beef cattle and the environment. This 
bacterial organism is a major cause of food-borne illnesses in humans.
  Earmark: National Agriculture Biosecurity Center
  Requesting Member: Congresswoman Lynn Jenkins
  Bill Number: H.R. 2997
  Account: Animal and Plant Health Inspection Service, Salaries and 
Expenses Account
  Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: Anderson Hall, Manhattan, KS 66506
  Description of Request: To provide an earmark of $259,000 to fund the 
National Agriculture Biosecurity Center (NABC) for Phase III efforts 
for the development, enhancement and delivery of a targeted National 
Animal Health Laboratories Network (NAHLN) technical training support 
program. The funding is required to: (1) build and populate a lessons 
learned/best practices from NAHLN labs exercises and events; (2) expand 
animal health diagnostic screening capabilities regionally, including 
endemic and emerging pathogens (viruses, bacteria, and parasites) as 
well as prions such as BSE; (3) increase the testing capability and 
capacity of the Kansas State Veterinary Diagnostic Laboratory (KSVDL) 
in support of the NAHLN mission by conducting research on new 
methodologies and standardized operating procedures for enhancing and 
improving the efficiency of NAHLN equipment and laboratories; and (4) 
develop a training strategy framework for NAHLN laboratories.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. JERRY LEWIS

                             of california

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. LEWIS of California. Madam Speaker, pursuant to Republican 
earmark guidance, I am submitting the following projects that were 
included in H.R. 2997, the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act of 2010:
  Requesting Member: Congressman Jerry Lewis.
  Bill Number: H.R. 2997, the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act of 2010
  Project Name: Mojave Water Agency Non-Native Plant Removal
  Account: Natural Resources Conservation Service (NRCS)
  Legal Name of Requesting Entity: Mojave Water Agency
  Address of Requesting Entity: 22450 Headquarters Drive, Apple Valley, 
CA 92307
  Description of Request: $667,000 will be provided to help complete a 
project to remove invasive weeds from the Mojave River area in 
cooperating with an ongoing local initiative. The Mojave River serves 
thousands of acres of federal land, including the Mojave National 
Preserve. Non-native plants are a constant threat to the Mojave River's 
ecosystem. Removing them will conserve vast amounts of water, which is 
a very precious resource in this area. Removal will also protect 
wildlife and dramatically reduce the risk of flood and fire.
  Project Name: Prototype for a National Carbon Inventory and 
Accounting System
  Account: General Provisions
  Legal Name of Requesting Entity: Environmental Systems Research 
Institute
  Address of Requesting Entity: 380 New York Street, Redlands, CA 
92373-8100
  Description of Request: This project will develop an online visual 
mapping and analysis system capable of measuring and displaying the 
amount of carbon produced and removed by our nation's farms, ranches, 
and forests. It will allow for better, timelier, and more coordinated 
conservation, land management, and environmental policies at the local, 
state, and national levels. The project will help improve the 
environment and help our nation's farms, ranches, and forests.
  Project Name: Nutrition, Diet, and Lifestyle Research for Longevity 
and Healthy Aging
  Account: National Institute of Food and Agriculture
  Legal Name of Requesting Entity: Loma Linda University Adventist 
Health Sciences Center--Lifestyle Medicine Institute
  Address of Requesting Entity: 11175 Campus St., Loma Linda, CA 92354
  Description of Request: This project will build on fifty years of 
ongoing research to support the nation's priorities for wellbeing, 
prevention of disease, and healthy aging. The Institute will conduct 
research in nutrition and diet and compare the aspects of diet and 
lifestyle to health and longevity. It will utilize this research to 
improve the health care system, to increase wellness and prevention of 
diseases, and to educate the community on the healthiest lifestyles and 
activities, such as proper dieting and nutrition. The university is 
situated in Loma Linda, CA, which has one of the longest-living 
populations in the nation.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. GLENN THOMPSON

                            of pennsylvania

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. THOMPSON of Pennsylvania. Madam Speaker, pursuant to the 
Republican standards on earmarks, I am submitting the following 
information regarding earmarks I received as a part of H.R. 2997, the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Act, 2010. The entity to receive funding is the 
Pennsylvania State University, 117 Old Main, University Park, PA 16802, 
in the amount of $233,000. Funding will be used for farm- and 
community-level educational programs and assistance focused on value 
added activities. Objectives of this project are to provide research-
based extension education to assist small farmers to maintain/develop 
new economically viable enterprises, provide support to assist small 
farmers develop and maintain economically viable enterprises, including 
applying for available and appropriate grants and loans, and helping to 
build community capacity to sustain growth and development of local 
agriculture and food sectors.

[[Page 17157]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. TODD RUSSELL PLATTS

                            of pennsylvania

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. PLATTS. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 2997, the Agriculture, 
Rural Development, Food and Drug Administration and Related Agencies 
Appropriations Act.
  Requesting Member: Congressman Todd Russell Platts (PA-19), along 
with other Members
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies Appropriations Act
  Account: SRG
  Legal Name of Requesting Entity: Penn State University
  Address of Requesting Entity: 117 Old Main, University Park, PA 16802
  Description of Request/Justification of Federal Funding:
  Penn State University--Improved Dairy Management Practices: Penn 
State is a public university. Some of the most important challenges 
facing the dairy industry today lie in the areas of nutrient and 
emission management. Penn State faculty will use this funding to 
research nutrient management through cow nutrition modification and the 
impacts of emissions from dairy operations. In addition, funding will 
be used to develop new technologies to address problems associated with 
dairy production in Pennsylvania in an effort to improve water quality, 
lower impacts of air emissions, and use energy more efficiently. This 
is a good use of taxpayer funds because the sale of dairy products 
accounts for nearly half the farm gate value of Pennsylvania's 
agricultural income. The profitability of Pennsylvania dairy farms is 
inextricably tied to management decisions that are being made by 
farmers. ($243,000)
  Penn State University--Milk Safety Program: Penn State would use this 
funding to identify issues in milk and dairy products safety and seek 
interventions that can be transferred to producers, processors, 
distributors, and retailers to continue to improve consumer confidence 
in the quality of their food supply. This is a good use of taxpayer 
funds because dairy is the single largest economic component of the 
Pennsylvania agricultural portfolio. ($771,000)
  Penn State University--Sustainable Agriculture and Natural Resources: 
Penn State University would use this funding to create a new 
collaborative research and education program that will help diverse 
farm operations better adopt more sustainable farming practices. 
Investment in this special grant would increase field research and 
demonstration to increase the exposure of farm advisors and farmers to 
sustainable cropping system practices. Practices to be further 
investigated include: crop species and cultivars for inclusion in crop 
rotations that improve the performance of sustainable and organic 
cropping systems, especially for the Northeast; fine tuning of 
management guidelines for mechanical control of cover crops and weeds 
in conservation and no-tillage systems to reduce or eliminate 
herbicides; factors that better promote conservation of biological 
control organisms and beneficial soil microorganisms for weed seed 
predation and management of other pests; and practices that increase 
soil organic matter. This is a good use of taxpayer funds because the 
demand for increased farmer understanding and adoption of sustainable 
farming practices continues to be a high priority in the agricultural 
community. ($133,000)

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                        HON. J. GRESHAM BARRETT

                           of south carolina

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. BARRETT of South Carolina. Madam Speaker, unfortunately I missed 
recorded votes on the House floor on Tuesday, July 7, 2009.
  Had I been present, I would have voted ``aye'' on rollcall vote No. 
478 (Motion to Suspend the rules and Agree to H. Res. 135), ``no'' on 
rollcall vote No. 479 (Motion to Suspend the Rules and Agree to H.R. 
1129).

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. GLENN THOMPSON

                            of pennsylvania

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. THOMPSON of Pennsylvania. Madam Speaker, pursuant to the 
Republican standards on earmarks, I am submitting the following 
information regarding earmarks I received as a part of H.R. 2996, the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2010. The entity to receive funding is the Haines 
Aaronsburg Municipal Authority, 420 Homes Street, Willowbank Building, 
Bellefonte, PA 16823, in the amount of $250,000. Funding will be used 
the Haines Aaronsburg Municipal Authority Water Line Interconnection.

                          ____________________




                          EARMARK DECLARATION

                                  _____
                                 

                            HON. JOE BARTON

                                of texas

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. BARTON. Madam Speaker, I rise today to submit documentation 
consistent with the Republican Earmark Standards.
  Requesting Member: Congressman Joe Barton
  Bill Number: H.R. 2997--FY10 Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Bill
  Account: Capital Improvement and Maintenance (construction)
  Legal Name of Receiving Entity: Texas Agrilife Research
  Address of Receiving Entity: 1500 Research Parkway, Suite 150, 2259 
TAMU, College Station, TX 77843-0001
  Description of Request: I have secured $336,000 in funding in H.R. 
2997 in the Conservation Operations account for Texas Agrilife 
Research.
  The funding would be used to determine how to slow or stop the 
decline of water quality in five Tarrant Regional Water District 
reservoirs.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. ILEANA ROS-LEHTINEN

                               of florida

                    in the house of representatives

                        Wednesday, July 8, 2009

  Ms. ROS-LEHTINEN. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of H.R. 2647, The 
National Defense Authorization Act of Fiscal Year 2010.
  Requested by Rep. Ileana Ros-Lehtinen
  Bill number: H.R. 2647
  Account: Defense Wide R/D/T&E, USSOCOM
  Amount: $4,000,000
  Project: Transformer Technology for Combat Submersibles (TTCS)
  Requested by: STIDD Systems Inc. 86 Coco Plum Drive, Marathon, FL 
33050
  Funding for this request would enable U.S. Special Operations Command 
(USSOCOM) to evaluate a combat submersible boat with increased payload 
capacity. This technology demonstration craft would be manufactured by 
STIDD Systems, a private company, with testing and training facilities 
in Marathon, Florida. Funding for this project would bring much-needed, 
well-paying jobs to the Florida Keys.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. TODD TIAHRT

                               of kansas

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. TIAHRT. Madam Speaker, in accordance with the February 2008 New 
Republican Earmark Standards Guidance, I submit the following in 
regards to H.R. 2997, the Fiscal Year 2010 Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act.
  Department of Agriculture--Preharvest Food Safety, Kansas: H.R. 2997, 
the FY 2010 Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act contains 
$142,000 for Preharvest Food Safety and Security. The entity to receive 
funding for this project is the Kansas State University, located at 110 
Anderson Hall, Manhattan, Kansas 66506.
  The funding would be used to expand its research in emerging threats 
of food-borne and zoonotic diseases associated with food-producing 
animals.
  No matching funds are required for this Department of Agriculture 
project.
  Department of Agriculture--Grain Sorghum, Kansas, Texas: H.R. 2997, 
the FY 2010 Agriculture, Rural Development, Food and Drug

[[Page 17158]]

Administration, and Related Agencies Appropriations Act contains 
$515,000 for Grain Sorghum, Kansas and Texas, in the Cooperative State 
Research Education and Extension Service's Special Research Grants 
Account. The entity to receive funding for this project is the Kansas 
State University, located at 110 Anderson Hall, Manhattan, Kansas 
66506.
  The funding would be used to expand existing research and education 
programs, particularly in genetic improvement and sorghum utilization.
  No matching funds are required for this Department of Agriculture 
project.
  Department of Agriculture--Water Conservation, Kansas: H.R. 2997. the 
FY 2010 Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act contains $69,000 for Water 
Conservation, Kansas, in the Cooperative State Research Education and 
Extension Service's Special Research Grants Account. The entity to 
receive funding for this project is the Kansas State University, 
located at 110 Anderson Hall, Manhattan, Kansas 66506.
  The funding would be used to study ways to stop and reverse the 
depletion of the Ogallala Aquifer in Kansas.
  No matching funds are required for this Department of Agriculture 
project.
  Department of Agriculture--Wheat Genetic Research, Kansas: H.R. 2997, 
the FY 2010 Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act contains 
$240,000 for Wheat Genetic Research, Kansas, in the Cooperative State 
Research Education and Extension Service's Special Research Grants 
Account. The entity to receive funding for this project is the Kansas 
State University, located at 110 Anderson Hall, Manhattan, Kansas 
66506.
  The funding would be used to collect, conserve, and distribute wheat 
genetic and genomic resources; develop improved germ plasm; develop 
genetic stocks; develop genomic resources; and support training and 
outreach.
  No matching funds are required for this Department of Agriculture 
project.
  Department of Agriculture--National Agriculture Biosecurity Center, 
Kansas: H.R. 2997, the FY 2010 Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act contains 
$259,000 for the National Agriculture Biosecurity Center, Kansas, in 
the Animal and Plant Health Inspection Service's Salaries and Expenses 
account. The entity to receive funding for this project is the Kansas 
State University, located at 110 Anderson Hall, Manhattan, Kansas 
66506.
  The funding would be used to implement international linkages for 
food animal and food crop disease surveillance, to expand animal health 
diagnostic screening capabilities in Kansas and the region, and to 
further develop a GIs-tracking system for pathogen monitoring.
  No matching funds are required for this Department of Agriculture 
project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. GLENN THOMPSON

                            of pennsylvania

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. THOMPSON of Pennsylvania. Madam Speaker, pursuant to the 
Republican standards on earmarks, I am submitting the following 
information regarding earmarks I received as a part of H.R. 2997, the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Act, 2010. The entity to receive funding is the 
Pennsylvania State University, 117 Old Main, University Park, PA 16802, 
in the amount of $233,000. Funding will be used to evaluate the impact 
new management tools will have on dairy farm profitability, and will 
work towards bringing these new tools to the industry based upon sound 
scientific study.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. ROSCOE G. BARTLETT

                              of maryland

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. BARTLETT. Madam Speaker, I submit the following:
  Bill Number: H.R. 2847
  Account: NOAA--Operations, Research and Facilities
  Legal Name of Requesting Entity: University of Maryland
  Address of Requesting Entity: Main Administration Bldg., College Park 
MD 20742
  Description of Request: Earth System Information Delivery & 
Assessment. Funded $150,000. The funding would be used for a one-year 
feasibility study in support of Earth System Information Delivery and 
Assessment. Such a capability would produce complete comprehensive and 
consistent space-time descriptions of all significant aspects of the 
Earth System. The end result of this transition across observational 
analysis, environmental predictions, and policy response will lead to 
better informed investment, adaption and policy options across the 
public and private sector.
  Bill Number: H.R. 2847
  Account: COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Washington County Sheriffs Office; 
Arthur Smith (Chief of Police)/Bruce Zimmerman (City Administrator)
  Address of Requesting Entity: 1 East Frederick Street Room 202, 
Hagerstown, MD 21740
  Description of Request: Hagerstown Radio Equipment Acquisition. 
Funded $750,000. The funding would be used for the purpose ensure that 
the City's public safety communications system is compatible with the 
communications system used by Washington County and the State Highway 
Patrol's Hagerstown Barracks. Funds are being requested to support 
portable radio equipment for the City of Hagerstown.
  Bill Number: H.R. 2847
  Account: OJP--Juvenile Justice
  Legal Name of Requesting Entity: Enough is Enough
  Address of Requesting Entity: 746 Walker Road Suite 116, Great Falls, 
VA 22066
  Description of Requesting Entity: Maryland Internet Safety 101: 
Empowering Parents Program. Funded $250,000. The funding would be used 
for booklets and training to ensure that parents and other adult child 
caregivers are provided with the information needed to establish safety 
rules and to use appropriate software tools to protect children under 
their care, irrespective of any insecurities about technology or a lack 
of previous training or education. Funding will be dedicated to ramp-up 
Maryland state-wide outreach.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. DANA ROHRABACHER

                             of california

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. ROHRABACHER. Madam Speaker, I submit the following:
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: H.R. 2997
  Name of Project: Smart Time Irrigation Controller Installation 
Program
  Account: Conservation Operations
  Legal Name of Requesting Entity: Municipal Water District of Orange 
County
  Address of Requesting Entity: 18700 Ward Street, Fountain Valley, CA, 
92708
  Description of Request: I received $134,000 for the Municipal Water 
of Orange County's Smart Time Irrigation Controller Installation 
Program. The application of smart irrigation controller technology will 
help Orange County and greater-Southern California manage its existing 
water supplies more efficiently. It will also help take pressure off 
our imported water supplies from Northern California and the Colorado 
River. Additionally, it will demonstrate for other areas with water 
supply challenges the effectiveness of these devices in achieving 
significant water savings. Finally, there are environmental protection 
benefits as the devices help reduce urban runoff, which is responsible 
for transporting pollutants and sediment into natural waterways and 
eventually to beaches and the ocean.
  The application of Smart Irrigation Controller technology will help 
Orange County and greater-Southern California manage its existing water 
supplies more efficiently. It will also help take pressure off our 
imported water supplies from Northern California and the Colorado 
River. Additionally it will demonstrate for other parts of the county 
with water supply challenges the effectiveness of these devices in 
achieving significant water savings. Funds will be used for labor, 
professional services, and printing and marketing. It is my 
understanding that local and regional funding will contribute 
approximately seventy percent of the FY2010 cost.

[[Page 17159]]



                          ____________________




   CONGRATULATING DR. JOHN JOHNSON ON THE OCCASION OF HIS RETIREMENT

                                 ______
                                 

                             HON. JO BONNER

                               of alabama

                    in the house of representatives

                         Wednesday July 8, 2009

  Mr. BONNER. Madam Speaker, it is with great pride that I rise to 
honor the long and distinguished career of Dr. John Johnson, on the 
occasion of his retirement as president of Alabama Southern Community 
College.
  Dr. Johnson received a bachelor's degree in mathematics and physics/
chemistry from Troy University, a master's degree in counseling from 
the University of Alabama, and a Ph.D. in college administration from 
the University of Alabama.
  He devoted almost four decades of his life to higher education. For 
the past 20 years, Dr. Johnson served as president of Alabama Southern 
Community College, and prior to his tenure as president, he served on 
the faculties of Birmingham-Southern College and the University of 
Alabama, as well as the Alabama Department of Postsecondary Education.
  While serving as president, Dr. Johnson raised Alabama Southern 
Community College to new heights. During his tenure, Alabama Southern 
has been recognized by the Alabama Department of Postsecondary 
Education as having ``achieved the most dramatic turnaround of any 
college in the history of the Alabama College System.'' Alabama 
Southern was selected as a top ten finalist for the 2006 Bellwether 
Award for Workforce Development and was also selected as the 2005 
National Bellwether Award for Instructional Excellence by Community 
College Futures Assembly and National Council for Instructional 
Administrators.
  In 2004, Alabama Southern was designated as a National Center for 
Pulp and Paper Technology Training, the highest award given by the 
National Science Foundation for Advanced Technology Education. This 
distinction made Alabama Southern the only national center in rural 
America. In 1998, Alabama Southern was selected as one of the 10 best 
examples of the management of change in the American Association of 
Community College's report Managing Change: A Model for Community 
College Leaders.
  Madam Speaker, I ask my colleagues to join me in recognizing a 
dedicated educator and friend to many throughout Alabama. I am certain 
that his family--his wife, Laurie, and their three children, Adam, 
Russell, and Bess--along with the faculty and staff at Alabama Southern 
Community College and his many friends in Monroeville and throughout 
the State join me in praising his accomplishments and extending thanks 
for his considerable service to southwest Alabama. On behalf of a 
grateful community, I wish Dr. Johnson the very best of luck in all of 
his future endeavors.

                          ____________________




   HONORING THE MOSES AND AARON FOUNDATION SPECIAL FUND FOR CHILDREN

                                 ______
                                 

                          HON. JOSEPH CROWLEY

                              of new york

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. CROWLEY. Madam Speaker, I rise today to call attention to a 
worthy organization, one committed to special needs children and their 
families. The Moses and Aaron Foundation's significant and enduring 
efforts under the direction and visionary leadership of President Rabbi 
Yaacov Kaploun and Executive Vice President Yehuda Kaploun deserve the 
highest praise, as do the philanthropists who have given of themselves 
to fulfill its mission.
  The Moses and Aaron Foundation Special Fund for Children, an all 
volunteer organization, is dedicated to assisting children with 
disabilities and their families with a wide range of programs including 
social, physical, financial and wheelchair assistance, as well as 
counseling and guidance.
  It also provides scholarship funding to educational institutions: 
collects; purchases; and distributes clothing for children in need and 
remembers them with presents at holiday time or when hospitalized. The 
Foundation has arranged for sound and musical equipment in other 
institutions and has distributed gifts to thousands of children during 
the holiday seasons.
  The corporate and individual supporters of the foundation include 
Metropolitan Lumber Company, Mr. Robert Gans, and the Croton Watch 
Company. Concert Chairmen Mr. and Mrs. Richard Gans, Mr. Avi and Dr. 
Laura Greenbaum, Mr. and Mrs. Elisha Rothman, Mr. Mark Selden and Patti 
Shlesinger.
  On Saturday night August 1st, 2009 at the Sullivan County Community 
College, Lock Sheldrake, New York, the Moses and Aaron Foundation under 
the Honorary Chairmanship of Nobel Laureate Elie Wiesel, will sponsor 
its thirteenth Barmitzva Summer ``Chazak-Strength'' Concert honoring 
and paying tribute to special and outstanding children and their 
families. The Guests of Honor will be the Special and Outstanding 
children, many of whom will perform with the entertainers on stage. 
More than forty organizations, camps and schools serving the physically 
and mentally disabled children will be represented.
  The Chazak Concert and the Moses and Aaron Foundation's other 
programs demonstrate a caring and compassionate concern for the quality 
and dignity of life of others and merit the appreciation of all those 
who have benefited from its services.
  The program will feature a musical tribute in memory of Mr. Izzy 
Taubenfeld of Sameach Music, a lifelong friend and member of the Chazak 
family.
  The Moses and Aaron Foundation was founded in memory of Rabbi Dr. 
Maurice I. Hecht of New Haven, Connecticut, and Aaron Kaploun, both of 
whom led lives of exemplary community service. It is in this sentiment 
of communal dedication that the Moses and Aaron Foundation has devoted 
itself to serving the needs of a unique group in the community.
  I urge my colleagues to join me in honoring the Moses and Aaron 
Foundation an organization which exemplifies the generosity of spirit 
in American Society.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. AARON SCHOCK

                              of illinois

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. SCHOCK. Madam Speaker, in accordance with the Republican adopted 
standards on earmarks, I submit the below detailed explanation of the 
Crop Production and Food Processing, Peoria, IL.
  Bill Number: H.R. 2997, the Fiscal Year 2010 Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act.
  Provisions/Account: Agriculture Research Service, Salaries and 
Expenses
  Name and Address of Requesting Entity: The entity to receive funding 
for this project is U.S. Department of Agriculture National Center for 
Agricultural Utilization Research (NCAUR), located at 1815 N. 
University Street, Peoria, IL, 61604.
  Description of Request: This project conducts non-destructive and wet 
chemical analysis for soybean, wheat and new crop germplasm for the 
entire U.S. This research program directly supports 75 public soybean 
breeders for the assembly of a genetic database for soybeans and wheat.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. ILEANA ROS-LEHTINEN

                               of florida

                    in the house of representatives

                        Wednesday, July 8, 2009

  Ms. ROS-LEHTINEN. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of H.R. 2892--
Department of Homeland Security Appropriations Act, 2010.
  Requested by Rep. Ileana Ros-Lehtinen
  Bill number: H.R. 2892
  Account: FEMA, Emergency Operations Center
  Amount: $200,000
  Project: Monroe County Emergency Operations Center
  Requested by: Monroe County, Florida. 1100 Simonton Street; Suite 
205, Key West, FL 33040.
  Currently, there is not an Emergency Operations Center (EOC) located 
in Monroe County that meets the existing state guidelines for an EOC. 
Monroe County is located in an area of high potential and historical 
hurricane landfall. Without a facility that meets the current EOC 
guidelines there is a life safety risk to emergency management staff 
who remain in the County during an event such as a hurricane. 
Presently, the EOC staff occupies a substandard, multipurpose 
government building which fails to meet structural requirements. The 
current structure risks that there might not be an operational facility 
for recovery efforts should there be an event such as a hurricane.

[[Page 17160]]

  Requested by Rep. Ileana Ros-Lehtinen
  Bill number: H.R. 2892
  Account: FEMA, Pre-Disaster Mitigation Fund
  Amount: $600,000
  Project: City of Miami Stormwater Project
  Requested by: City of Miami, Florida. 3500 Pan American Drive, Miami, 
FL 33133
  Flooding caused by future hurricanes and storm events can lead to 
severe infrastructure damage and water quality degradation within the 
projects drainage basin. The City of Miami Stormwater Project will 
significantly mitigate flood conditions caused by local storms and will 
result in a reduction of flood damage and an increase in public safety 
for the City of Miami by implementing stormwater drainage projects 
throughout the City. This project will also help control the discharge 
of stormwater into the Miami River and Biscayne Bay and will improve 
the overall water quality of Miami's waterways.
  Requested by Rep. Ileana Ros-Lehtinen
  Bill number: H.R. 2892
  Account: FEMA, Pre-Disaster Mitigation Fund
  Amount: $500,000
  Project: Jackson Health System Hurricane Mitigation Structural 
Reinforcement
  Requested by: Jackson Health System, 1161 NW 12th Avenue, Miami, FL 
33136
  Jackson Health System (JHS) operated by Miami-Dade County's Public 
Health Trust and is the county's sole public health system; the primary 
provider for the county's indigent and uninsured and its sole trauma 
center. When a hurricane warning is issued, JHS serves as an emergency 
evacuation shelter for medically at risk individuals. Florida 
consistently has the greatest risk for a direct hit by a hurricane of 
any other location in the U.S. Given the anticipated demands placed on 
the Ryder Trauma Center in the event of a direct hit of a high category 
storm, it is imperative that the building be structurally safe, 
adequately secured, and operationally functional. This funding will be 
used to structurally reinforce and fortify the trauma center through an 
exterior skin upgrade. The current construction is unsuitable for a 
threat of a higher category storm. This project is wholly consistent 
with Federal and agency missions to provide pre-disaster mitigation 
assistance to critical public entities who serve as vital providers of 
emergency services. The frequency and foreseeable nature of natural 
disasters striking densely populated Miami-Dade County make the project 
a natural priority for federal participation in protecting a safety-net 
institution such as the Ryder Trauma Center.

                          ____________________




                          ALEXANDRA JOY MASSA

                                 ______
                                 

                          HON. ERIC J.J. MASSA

                              of new york

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. MASSA. Madam Speaker, I rise today to address this esteemed body 
regarding a young woman who at this moment, in my home town of Corning, 
New York, is preparing to close an important chapter in her life. 
Alexandra Joy Massa has spent the last decade growing into the 
beautiful young woman that she is today, working tirelessly to achieve 
exceptional grades, to excel in sports and in theater, and to serve her 
community through multiple volunteer efforts. Alexandra is my daughter, 
and today is her graduation day from high school, a monumental moment 
in her life and in the life of her parents. It's impossible to believe 
that eighteen years have passed since she became a part of my life, and 
that soon she will be heading off to college.
  Many of my colleagues have children of their own and they understand 
all too well the joys, fears, hopes, and anxieties that come with 
parenthood. Raising my daughter has caused me many frustrated days and 
sleepless nights, but I wouldn't have traded a minute of them for the 
world.
  Alexandra has brought lots into my life and the lives of those around 
her, with her warm sense of humor and generosity of spirit. These are 
beyond measure. Words do not allow me to convey how proud I am of my 
daughter, of all that she has accomplished in her life, and all that 
she will become in the coming years.
  Now, like all parents, I will have to let go and watch as my little 
girl leaves home and goes off into a world where her father isn't there 
to watch over her. She will no longer have to seek my or her mother's 
permission to stay out late with friends or to go to a movie. She will 
never again have to listen to my lectures. I can only hope she chooses 
instead to listen, if only to humor her old man. She has become the 
adult that her mother and I hoped she would become: independent and 
intelligent, perceptive and engaging, considerate, compassionate, and 
kind. Where my little girl stood only a short time ago, a woman now 
stands, ready to take on the challenges of the world.
  It is a bittersweet moment, and a moment of immeasurable pride. In 
the future, Alexandra Massa will accomplish whatever she sets her 
sights upon. I ask only that she always remembers that her father will 
always love her with that special love only a father can have for a 
daughter, that only a parent can have for their child.
  Thank You, Madam Speaker.

                          ____________________




    IN HONOR AND MEMORY OF OFFICER BRANDON SIGLER OF MOBILE, ALABAMA

                                 ______
                                 

                             HON. JO BONNER

                               of alabama

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. BONNER. Madam Speaker, I rise today to honor the life of one of 
Alabama's finest who recently made the ultimate sacrifice in the 
service of his city and the people he protected.
  Mobile Police Officer Brandon Sigler was killed in the line of duty 
earlier this month. Officer Sigler was shot while responding to a 
domestic disturbance. He was off-duty trying to break up a fight in the 
parking lot of his apartment complex.
  Brandon Sigler was a bright light in the Mobile Police Department as 
well as in his community. Brandon attended McGill-Toolen High School 
and was a graduate of Murphy High School. He played football at 
Tennessee Tech University and Delta State University. Brandon graduated 
from Faulkner University in 2006 with a Bachelor of Science degree in 
Criminal Justice. He served as an officer in the Mobile Police 
Department for less than two years and, in that short time, he became 
known as an outgoing and positive individual. He always had a smile, a 
smile by which so many came to know him.
  Mobile Chief of Police Phillip Garrett told the hundreds of people 
who attended Brandon's funeral, ``In his short years, he meant a lot to 
a lot of people. And every one of them talked about his smile.''
  Madam Speaker, I urge you and my colleagues to take a few moments to 
pay tribute to Officer Brandon Sigler of the Mobile Police Department. 
I ask that you remember him as a man who always put other people first. 
He was a young man who loved his family, friends, and community with 
unquestionable devotion. The city of Mobile has lost a true role model 
and hero.
  We should also remember Brandon's parents, Nina Gordon and Herman 
Woods; his brothers, Timothy and Joel Gordon; his sisters, Sarita and 
Adrienne Woods; and his fiance, LaKenda Craig; her daughter, Katlyn 
McCormick; and his colleagues at the Mobile Police Department--as well 
as his many other family members and friends. We should keep all of 
them in our prayers and ask that God will comfort them through the 
difficult days ahead.
  Officer Brandon Sigler was an honorable and courageous man who died 
serving the city of Mobile. May he rest in peace.

                          ____________________




                           EARMARK DISCLOSURE

                                 ______
                                 

                           HON. JACK KINGSTON

                               of georgia

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. KINGSTON. Madam Speaker, pursuant to the House Republican 
standards on congressionally directed funding, I am submitting the 
following information regarding funding included in H.R. 2997, the 
House Agriculture Appropriations bill of 2010.
  Requesting Member: Congressman Jack Kingston
  Bill Number: H.R. 2997
  Account: CSREES, Special Grants
  Legal Name of Recipient: University of Georgia College of Agriculture 
and Environmental Sciences
  Address of Recipient: 101 Conner Hall, Athens, GA 30602
  Description of Request: Funding in the amount of $1,000,000 will be 
used to advance farm energy efficiencies by coupling advanced 
information, communication and control technologies with improved plant 
materials, byproduct use and energy capture conversion techniques.
  Requesting Member: Congressman Jack Kingston
  Bill Number: H.R. 2997
  Account: National Resources Conservation Service, Conservation 
Operations

[[Page 17161]]

  Legal Name of Recipient: Georgia Soil and Water Conservation 
Commission
  Address of Recipient: 4310 Lexington Rd, Athens, GA 30603
  Description of Request: Funding in the amount of $2,423,000 will help 
farmers address existing and emerging water supply issues with on-farm 
water storage.
  Requesting Member: Congressman Jack Kingston
  Bill Number: H.R. 2997
  Account: CSREES, Special Grants
  Legal Name of Recipient: University of Georgia College of Agriculture 
and Environmental Sciences
  Address of Recipient: 101 Conner Hall, Athens, GA 30602
  Description of Request: Funding in the amount of $209,000 will allow 
for the development of new cultivars which combined with pre- and post-
harvest management practices will increase production efficiency and 
improve quality of fruit delivered to consumers.
  Requesting Member: Congressman Jack Kingston
  Bill Number: H.R. 2997
  Account: CSREES, Special Grants
  Legal Name of Recipient: University of Georgia College of Agriculture 
and Environmental Sciences
  Address of Recipient: 101 Conner Hall, Athens, GA 30602
  Description of Request: Funding in the amount of $346,000 will 
provide for the development of Web-based systems and in-field practices 
to provide water conservation alternatives that are distinct, direct 
and economical.
  Requesting Member: Congressman Jack Kingston
  Bill Number: H.R. 2997
  Account: ARS, Salaries and Expenses
  Legal Name of Recipient: ARS National Peanut Research Lab, Dawson, GA
  Address of Recipient: 1011 Forrester Drive SE, Dawson, GA 39842
  Description of Request: Funding in the amount of $1,200,000 will be 
used to produce the best management practices that will lead to water 
conservation.
  Requesting Member: Congressman Jack Kingston
  Bill Number: H.R. 2997
  Account: CSREES, Special Grants
  Legal Name of Recipient: University of Georgia College of Agriculture 
and Environmental Sciences
  Address of Recipient: 101 Conner Hall, Athens, GA 30602
  Description of Request: Funding in the amount of $178,000 will be 
used to evaluate new disease management tactics for control of 
Phytopthora blight. No treatments or combination of measures exist to 
effectively suppress Phytopthora losses which often devastate the 
production of vegetable crops.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. TOM LATHAM

                                of iowa

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. LATHAM. Madam Speaker, pursuant to the House Republican standards 
on earmarks, I am submitting the following information.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Minor Use Animal Drug Program
  Amount: $429,000
  Account: Research & Education
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The Minor Use Animal Drug program is used to 
identify animal drug needs for minor species and minor uses in major 
species, to generate and disseminate data for safe and effective 
therapeutic applications and to facilitate FDA approval for drugs 
identified as a priority for a minor species or minor use.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Northeast Iowa Community-Based Dairy Foundation
  Amount: $159,000
  Account: National Institute of Food & Agriculture
  Legal Name of Requesting Entity: Northeast Iowa Community-Based Dairy 
Foundation
  Address of Requesting Entity: 1527 Hwy. 150, S., Calmar, IA 52132
  Description of Request: The Dairy Education project aims to increase 
the success of American dairies by providing education on production 
technology, environmental stewardship, marketing and competitiveness. 
The project has goals of retaining, growing and fostering the 
development of the industry. The dairy industry is a major component of 
the Midwest's economy and the project aims to develop successful farms 
that are vital to local communities.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Center of Agricultural and Rural Development (CARD)
  Amount: $412,000
  Account: National Institute of Food & Agriculture
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The Center for Agricultural and Rural 
Development (CARD) Biofuels Impact Analysis project at Iowa State 
University provides unbiased analyses of the effects of changes in 
technology and policy on the production of biofuels and on the cost and 
manufacturing of traditional agricultural and energy products. These 
analyses are based on supply and demand models of agricultural 
products, biofuels, and traditional, crude oil based energy markets, 
both domestically and internationally. Results of these analyses help 
key decision makers and citizens of Iowa and the U.S. make informed 
choices between alternative policy options, by providing answers to 
pressing questions about the impacts of those options on agricultural 
prices, net returns, production, consumption, and government spending. 
Using existing measures of the net carbon emissions per unit of 
agricultural output for each agricultural commodity in each country, 
the CARD program also will develop a methodology to measure the 
worldwide carbon footprint of agriculture and incorporate this 
footprint measure into existing multi-country, multi-commodity models.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Animal Food Science & Food Safety Consortium
  Amount: $939,000
  Account: National Institute of Food & Agriculture
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: Animal Food Science & Food Safety Consortium 
addresses potential threats to food safety during the production of the 
live animal, processing, distribution, and consumption. When necessary, 
this initiative develops sampling and testing strategies to rapidly 
identify contaminants and determine the distribution of the contaminant 
in the food supply. Additionally, program staff are working to 
establish intervention strategies to minimize the threat of 
contaminants and to assure a safe food supply. The program also is 
developing recovery strategies and training procedures for these 
industries in the event of a natural or intentional contamination 
event. The potential introduction of natural or intentional 
contaminants into agricultural products could have a dramatic impact on 
the United States: citizens' health would be at risk and the economy 
could suffer because of the likely loss of international markets for 
U.S. products.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Food and Agriculture Policy Research Institute (FAPRI)
  Amount: $1,139,000
  Account: National Institute of Food & Agriculture
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The Food and Agriculture Policy Research 
Institute (FAPRI) project will be used to deploy an updated system to 
measure the impacts of large disruptions to world agricultural sectors 
such as new trade agreements, for ongoing estimation of the impact of 
the 2007 Energy Act on agriculture in the U.S. and around the world, 
and for evaluation of the use of carbon offset options for U.S. biofuel 
producers. With the new carbon model FAPRI researchers are uniquely 
placed to evaluate policies designed to reduce carbon emissions from 
agriculture. Research staff will use baseline projections from the 
analyses to determine the effect of various influences including 
agricultural prices, net returns, production, consumption, the net 
carbon balance, and government spending on the profitability of 
agriculture in the United States and in other major producing 
countries.

[[Page 17162]]

  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Midwest Poultry Consortium
  Amount: $471,000
  Account: National Institute of Food & Agriculture
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The Midwest Poultry Consortium provides a 
structure to encourage multi-disciplinary research networks which 
enhance limited state and industry resources. For example, the project 
can focus on respiratory diseases, such as avian pneumovirus, which 
have resulted in losses of millions per year in Midwestern states, rank 
among the most important factors affecting the competitiveness of the 
poultry industry and are responsible for millions in losses to turkey 
and broiler production nationwide each year. In total, disease costs in 
poultry are estimated to be in the $15 billion/year range.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: New Century Farm
  Amount: $282,000
  Account: National Institute of Food & Agriculture
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The New Century Farm is the first integrated 
and sustainable biofuel feedstock production system of its kind and 
will play a critical role in fulfilling this vision. It will serve as a 
living laboratory for developing and testing sustainable biomass 
systems through rigorous integration of agronomic, environmental, and 
socio-economic research. The New Century Farm at Iowa State University 
will be the first integrated, sustainable biofuel feedstock 
demonstration farm and research biorefinery in the United States, 
serving as a model for American biorenewable energy and bioproducts 
production and helping to transform the nation's agricultural 
enterprise to one that is feedstock ready.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Bio-Safety Institute for Genetically Modified 
Agriculture Products
  Amount: $259,000
  Account: Animal Plant Health Inspection Service
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The Bio-Safety Institute for Genetically 
Modified Agriculture Products will assist enterprises seeking technical 
assistance on bio-product-related issues that would enable them to 
expand effectively. Helping these biobased product employers do so will 
improve the quality of the environment, revitalize the manufacturing 
sector and rural America, and enhance national security by reducing 
U.S. dependency on foreign oil.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Certified Environmental Management Systems for 
Agriculture
  Amount: $288,000
  Account: Natural Resource Conservation Service
  Legal Name of Requesting Entity: Iowa Soybean Association
  Address of Requesting Entity: 4554 114th St., Urbandale, IA 50322
  Description of Request: The Certified Environmental Management 
Systems for Agriculture program provides innovative technical 
assistance to individual farmers, helping them document baseline and 
performance data to measure environmental and economic results of their 
management practices and incorporate that data into continual 
performance improvement. It is an adaptive management system based on 
ISO 14001, addressing energy efficiency in farming and environmental, 
agronomic, and economic performance goals. Appropriations will support 
continued technical assistance for current and new participants; expand 
the use of the energy efficiency module piloted in `08 and adjust 
documentation and data aggregation procedures to enable the soybean and 
corn industry to benefit from documented data revealing the improved 
energy efficiency, carbon savings, and reduced greenhouse gas emissions 
associated with current farming practices, as well as potential 
improvements made possible by CEMSA management planning; expand the use 
of the new carbon sequestration, greenhouse gas emission reduction, and 
wildlife habitat planning modules and indices being developed and 
piloted this year.
  Bill Number: H.R. 2997--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010
  Project Name: Watershed Demonstration Project
  Amount: $134,000
  Account: Natural Resource Conservation Service
  Legal Name of Requesting Entity: Iowa Soybean Association
  Address of Requesting Entity: 4554 114th St., Urbandale, IA 50322
  Description of Request: The Watershed Demonstration Project will help 
Iowa farmers identify and reduce their contribution to water pollution 
by providing technical assistance to groups of farmers in targeted 
watersheds and by collaborating with other watershed stakeholders to 
plan and implement watershed-specific strategies, measure outcomes, and 
adjust practices to optimize results. The proper management of natural 
resources related to cropland and the planning and implementation of 
conservation systems on cropland, especially in watersheds of impaired 
streams, is part of the federal mission, which this project helps to 
further. The work of improving and maintaining watershed health and 
water quality in agricultural watersheds will always require federal 
investment, and due to the downstream impact of Midwest agricultural 
water quality concerns all the way to estuary waters, such as the Gulf 
of Mexico, projects such as these are increasingly important.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                        HON. TRAVIS W. CHILDERS

                             of mississippi

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. CHILDERS. Madam Speaker, unfortunately Tuesday night, July 7, 
2009, I was unable to cast my votes on H. Con. Res. 135 and H.R. 1129.
  Had I been present for roll call No. 478, I would have voted ``aye.''
  Had I been present for roll call No. 479, I would have voted ``aye.''

                          ____________________




                          BILL AND ANN BELLAIS

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Rev. William 
Bellais, Ed.D., and his wife, Ann Bellais, of Chillicothe, Missouri. 
Bill and Ann are very dedicated individuals who exemplify the finest 
qualities of citizenship and leadership. I thank Grace Episcopal Church 
for hosting a retirement reception in their honor on Sunday, July 12, 
2009.
  Bill has an impressive list of degrees, ranging from theological 
studies to history to counseling psychology. He received his Doctor of 
Education degree in higher education management and education 
psychology in 1988 from New Mexico State University.
  Bill's dedication to his community and his country has been 
exceptional. He served three years in the U.S. Marine Corps, including 
service in Korea, as well as 17 years in the Army as an intelligence 
specialist, including two years of service in Vietnam, receiving over a 
dozen awards along the way. He has been the Rector at Grace Episcopal 
Church in Chillicothe since 1992, as well as an active member of the 
Diocese of West Missouri. Bill is the Chaplain for the Home Health and 
Hospice Department at Hedrick Medical Center in Chillicothe, and he 
also serves as an adjunct faculty staff member for several colleges. 
Bill is also active in countless community activities, serving on the 
Board of Directors for organizations such as Hope Haven Industries, the 
North Central Missouri Rural Housing Coalition, Chillicothe Area 
Habitat for Humanity, the Chillicothe Rotary Club, and many more.
  Ann Bellais has been just as active in the community as her husband. 
She has been a strong leader in the Missouri State Society of the 
Daughters of the American Revolution for years, having been an active 
member of DAR for an incredible 49 years. She has served as President 
for both the Chillicothe Church Women United group and the Chillicothe 
Garden Club. She has also served on the board of Hope Haven Industries, 
and she has represented the area for two hospitals in Kansas City--
serving St. Luke's Hospital on a Spiritual

[[Page 17163]]

Wellness Committee, and Children's Mercy Hospital on a regional 
council.
  Madam Speaker, I proudly ask my colleagues to join me in commending 
Bill and Ann Bellais for their dedicated service to the community of 
Chillicothe, Missouri. I know their colleagues, family and friends join 
with me in thanking them for their commitment to others and wishing him 
happiness and good health in retirement.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. JOHN M. McHUGH

                              of new york

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. McHUGH. Madam Speaker, pursuant to the House Republican standards 
on earmarks, I am submitting the following information regarding 
earmarks I received as part of H.R. 2997--Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act of 2010
  Requesting Member: Congressman John McHugh 
  Bill Number: H.R. 2997
  Account: Animal and Plant Health Inspection Service: Salaries and 
Expenses
  Legal Name of Requesting Entity: SUNY Environmental School of 
Forestry
  Address of Requesting Entity: SUNY ESF Bray Hall 224, Syracuse, NY 
13210
  Description: Provide an earmark of $500,000 for the eradication of 
the Asian Long-Horned Beatle in New York State forest lands. The Asian 
Long-Horned Beetle is an invasive species that can have disastrous 
effects on forest areas. Several beetle infestations have already 
occurred in the U.S. including Chicago, NJ, Staten Island, NY and most 
recently in Worcester, Massachusetts in August 2008. In order to 
eradicate the beetle 30,000 trees were cut down in an effort to keep 
the beetle from spreading. While other methods are being explored, 
chopping down infested trees and burning the wood is currently the only 
way to eradicate the beetles which have no known natural predator in 
the U.S.
  More than 61 percent of New York State is forested and highly 
vulnerable to an introduction of Asian Long-Horned Beetle. The trees 
preferred as hosts by the Asian Long-Horned Beetle are hardwoods, which 
also compose the majority of the Northeast United States mixed hardwood 
forests critical to New York rural economic vitality and the forest 
products and wood-based renewable energy industries, New York State 
water quality, sequestration of carbon and greenhouse gases known to 
contribute to climate change.
  There is no wide scale proactive protection technology deployed today 
and the threat is moving north toward the Catskill and west toward the 
Adirondack and Southern Tier. The Asian Long-Horned Beetle infestation 
is an economic, social and environmental disaster waiting to happen. 
Presently, all therapies for Asian Long-Horned Beetle infestation are 
reactive; all the trees are removed for miles around.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. KEN CALVERT

                             of california

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. CALVERT. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding an earmark I received as part of H.R. 2892, the Department of 
Homeland Security Appropriations Bill, 2010.
  Requesting Member: Congressman Ken Calvert
  Bill Number: H.R 2997
  Account: National Institute of Food and Agriculture (NIFA)
  Legal Name of Requesting Entity: University of California--
Agriculture and Natural Resources
  Address of Requesting Entity: 1111 Franklin Street, Room 6402, 
Oakland, California 94607
  Description of Request: I have secured $3,000,000 to continue the 
highly successful Pierce's Disease and Invasive Species Research 
Program. This program funds competitively awarded research grants to 
find solutions to this potentially devastating bacterial disease that 
threatens California's wine grape industry, as well as other grape 
varieties, citrus, almonds and tree fruit.
  This program also focuses on other invasive species impacting 
California and the nation. These include pathogens (West Nile virus, 
Avian Influenza, Sudden Oak Death), insects (vine mealy bug, light 
brown apple moth), marine and fresh water species (green crab and 
quagga mussel), and weed species (yellow star thistle). Greater 
knowledge of these species, understanding of invasion biology 
parameters, and potential control and eradication strategies is 
critical for California and the U.S.
  Requesting Member: Congressman Ken Calvert
  Bill Number: H.R 2997
  Account: Natural Resources and Conservation Service (NRCS)
  Legal Name of Requesting Entity: Municipal Water District of Orange 
County (MWDOC)
  Address of Requesting Entity: 18700 Ward St., Fountain Valley, 
California 92708
  Description of Request: I have secured $500,000 to expand an existing 
program and add an additional 5,500 Smart Irrigation Controllers to 
residential and commercial properties in Orange County, CA by 2011. 
These Smart Irrigation Controllers assist water customers in delivering 
the appropriate amount of water to residential and commercial 
landscapes by monitoring and accounting for soil type, slope, plant 
type, sun exposure and current weather conditions.
  Smart Irrigation Controllers, as a part of MWDOC's overall Water Use 
Efficiency Program, will assist water users in the district in more 
efficiently utilizing water resources and reduce the dependence of the 
area on water imported from Northern California and the Colorado River. 
The implementation and demonstration of this technology can serve as a 
demonstration project for areas of the arid west and other regions of 
the United States subject to water shortages who may be interested in 
utilizing this technology to decrease water consumption.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. JEFF MILLER

                               of florida

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. MILLER of Florida. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of the Fiscal Year 
2010 Military Construction and Veterans Affairs Appropriations Act.
  Requesting Member: Congressman Jeff Miller
  Project Name: Flight Test Operations Facility (413 FLTS)
  Account: Air Force
  Legal Name of Requesting Entity: Eglin Air Force Base
  Address of Requesting Entity: Eglin Air Force Base, Florida, 32542
  Description of Request: $9,400,000--Flight Test Operations Facility 
(413 FLTS). I requested these funds to provide the 413th Flight Test 
Squadron the necessary facilities to conduct developmental and 
qualification testing of aircraft. The entity to receive funding for 
this project is Eglin Air Force Base, Florida, 32542. The funding would 
be used to upgrade facilities necessary to ensure mission success, 
minimize acquisition costs and fielding delays. Functional areas 
include administration, operations and special purpose areas including 
open storage area with SIPRNET, workshop/maintenance area with 
compressed air, a hoist system and an electrical system capable of 
providing multi-phase power and covered outside storage. The squadron 
is currently operating at 50% of the net office space recommended by 
AFH 32-1084. Aircrew life support equip lockers, printers, shredders 
and other office machines are stored and operated in hallways because 
of the lack of space and overcrowding. The unit does not have a 
dedicated facility but is provided space in other units' facilities. 
The 413th occupies 19,101SF in four separate facilities, two on base 
and two leased off base. I certify that this project does not have a 
direct and foreseeable effect on the pecuniary interest of my spouse or 
me. Consistent with the Republican Leadership's policy on earmarks, I 
hereby certify that this request (1) is not directed to any entity or 
program named after a sitting Member of Congress; (2) is not intended 
for a ``front'' or ``pass through'' entity; and (3) meets or exceeds 
all statutory requirements for matching funds where applicable.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey-

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. SMITH of New Jersey. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of H.R. 2997: 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Act for FY 2010.

[[Page 17164]]

  Requesting Member: Rep. Christopher H. Smith
  Bill Number: H.R. 2997
  Account: Animal and Plant Health Inspection Service--Salaries and 
Expenses
  Legal Name of Requesting Entity: State of New Jersey, Department of 
Agriculture
  Address of Requesting Entity: 369 South Warren Street, P.O. Box 330, 
Trenton, NJ 08625
  Description of Request: Provide an earmark of $500,000 for the New 
Jersey Gypsy Moth Pest Management Program to support and enhance gypsy 
moth control on affected communities and public lands. Funds will be 
used to cost-share aerial treatments borne by local municipalities to 
develop a web-based interactive online map showing the distribution of 
gypsy moths in New Jersey and proposed treatment areas. The funds will 
also be used for technical support, salaries, and vehicle operation.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. DOC HASTINGS

                             of washington

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. HASTINGS of Washington. Madam Speaker, to provide open 
disclosure, I am submitting the following information regarding a 
project that I support for inclusion in H.R. 2487, the Commerce, 
Justice, Science, and Related Agencies Appropriations Act of 2010.
  Amount: $100,000
  Account: U.S. Department of Justice
  Entity receiving funds: Washington State Meth Initiative located at 
510 Tacoma Avenue South, Tacoma, WA 98402.
  Description: These funds will be used to implement this anti-
methamphetamine initiative, which brings together law enforcement, 
prosecutors, and treatment professionals from across the state to work 
together to address all aspects of the meth epidemic.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                       HON. CHRISTOPHER JOHN LEE

                              of new york

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. LEE of New York. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding an earmark I received as part of the FY10 
Military Construction and Veterans Affairs Appropriations Act.
  Requesting Member: Congressman Christopher Lee (NY-26)
  Bill Number: H.R. 3082
  Account: Military Construction--Air Force Reserve
  Legal Name of Requesting Entity: Niagara Falls Air Reserve Station
  Address of Requesting Entity: Niagara Falls Air Reserve Station, 2720 
Kirkbridge Drive, Niagara Falls, NY 14304
  Description of Request: Provide an earmark of $5.7 million for 
Project #RVKQ 10-9091, the Indoor Small Arms Range that would support 
the requirements of the Base wings, the units of the new Armed Forces 
Readiness Center and the Department of Homeland Security tenants.
  Of the total project amount, approximately $4.4 million (or 77.1%) is 
for construction of the range; $44,000 (or 1%) is for force protection; 
$640,000 (or 11.2%) is for supporting facilities; $254,000 (or 5%) is 
for contingency costs; and $304,000 (or 5.7%) is for inspection and 
overhead.
  The current situation requires personnel to shoot at a range in 
Canada when utilizing the M-24B machine gun and M-249 rifle. 
Additionally, the current number of firing line positions is inadequate 
to satisfy the volume of monthly training requirements which has grown 
with the addition of the Regional Readiness Center at the Base.
  Due to the fact that the existing range is outdoors and off-Base, 
students and instructors are exposed to the elements and extreme 
temperatures for extended periods of time. In addition, an exorbitant 
amount of time is wasted by personnel who must travel a distance to the 
range. Also, due to extreme weather conditions, the Wing loses several 
months of weapons qualifying each year. This new Small Arms Range will 
allow personnel to meet all necessary mandatory weapons training as 
well as meeting safety and environmental requirements.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. ANH ``JOSEPH'' CAO

                              of louisiana

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. CAO. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 2997--the Department of 
Agriculture, Rural Development, Food and Drug Administration and 
Related Agencies Appropriations Act, 2010:
  As requested by me, Rep. Anh ``Joseph'' Cao, H.R. 2997--the 
Department of Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies Appropriations Act, 2010, provides 
for Tulane University, New Orleans, LA in support of phytoestrogen 
research project. This is in the Agricultural Research Account in the 
amount of $1,426,000. This will benefit Tulane University, 6823 St. 
Charles Avenue, New Orleans, LA 70118 in the form of funding to be used 
to partner the Tulane/Xavier Center for Bioenvironmental Research (CBR) 
and the University of Toledo to manipulate phytoestrogen and phyto-
antiestrogen levels in soybean seed and soy-based products. This 
project discovers new effects of natural dietary constituents 
(phytoestrogens) on health and disease in human; especially, estrogen-
sensitive organs, such as breast, reproductive and cardiovascular 
systems.

                          ____________________




                  CONGRATULATIONS TO MR. STEVE BARTELS

                                 ______
                                 

                          HON. JOHN A. BOEHNER

                                of ohio

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. BOEHNER. Madam Speaker, I rise today to congratulate, thank, and 
recognize my constituent Mr. Steve Bartels. Steve is a testament to the 
hard-working nature of the agricultural community and he has been a 
staple of the Butler County, Ohio community for more than three 
decades.
  As the agricultural educator for the Ohio State University Extension 
Butler County Office, Steve has spread the necessary knowledge that 
aids the success that the agriculture industry has had on the economy 
of not only Butler County, but the entire state of Ohio. His hands-on 
approach has assisted thousands of individuals in improving their farms 
or gardens. Steve is most widely-known for his exceptional involvement 
in the Farm-City Tours, which began in 1976. Farm-City Tours allow 
individuals to get a free up-close-and-personal tour of a family farm 
in Butler County. Whether it be cattle or Christmas tree farms, Steve 
has an extraordinary wealth of knowledge that he has been able to share 
with the citizens of Butler County for many years. His hard work on 
obtaining a grant that enabled the extension office to hire a fourth 
agent has allowed many more Butler County children to be educated on 
this vital industry.
  Steve's contributions to the Ohio State University Extension Butler 
County Office will be felt for many years to come. While I and the 
Extension Office are sad to see him go, I would like to congratulate 
him on his accomplishments and wish him a long, happy, and healthy 
retirement.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. DAN BURTON

                               of indiana

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. BURTON of Indiana. Madam Speaker, due to mechanical difficulties 
involving my flight back to Washington, DC from Indianapolis, I was 
unable to be on the House Floor for roll call votes 478 and 479.
  Had I been present I would have voted aye on Roll Call vote 478--
Directing the Architect of the Capitol to place a marker in 
Emancipation Hall in the Capitol Visitor Center which acknowledges the 
role that slave labor played in the construction of the United States 
Capitol; and nay on Roll Call vote 479--To create a new Federal grant 
program to facilitate an iron working training program for Native 
Americans.

[[Page 17165]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. MICHAEL K. SIMPSON

                                of idaho

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. SIMPSON. Madam Speaker, in accordance with the policies and 
standards put forth by the House Appropriations Committee and the GOP 
Leadership, I submit a listing of the congressionally directed projects 
I requested in my home state of Idaho that are contained in the report 
of H.R. 2997, the FY2010 Agriculture Appropriations bill.
  Project Name: Aquaculture Research Initiative
  Amount Received: $529,000
  Account: USDA/CSREES
  Recipient: University of Idaho
  Recipient's Street Address: 875 Perimeter Drive, Moscow, ID 83844
  Description: Research and development of strains of barley for the 
production of high-value protein concentrates from barley and oats that 
can be used as fish feed. Increasingly, fish that are consumed 
worldwide originate from aquaculture. This increase has taxed global 
supplies of marine protein and oil traditionally used in aquafeeds 
resulting in record prices for these commodities. Idaho is a leader in 
the national aquaculture industry, producing over 70% of the nation's 
commercially grown rainbow trout and generating $100 million per year. 
Funding would support innovative research to develop new ways of 
addressing problems in the industry.
  Project Name: Barley for Rural Development
  Amount Received: $514,000
  Account: USDA/CSREES
  Recipient: University of Idaho
  Recipient's Street Address: 875 Perimeter Drive, Moscow, ID 83844
  Description: Funding for this program would support research directed 
at the continued development of improved malt, feed, cellulosic ethanol 
and food barley varieties for growers and value-added end-users in 
rural Idaho, Montana, and North Dakota communities. This research is 
starting to expand and meet market opportunities, addressing the 
critical need of growers in production agriculture to increase economic 
yield, enhance domestic and international market access, improve 
production technologies, better compete with Canadian imports and 
reduce dependence on government subsidies. Research supported by this 
project will increase the manufacture and sale of value-added barley 
products (malt, beer, fuel, food, livestock) in these states, having a 
substantial positive impact on their economies, supporting jobs, 
generating business activity, and federal, state, and local tax 
revenue. Maintenance of the strength of barley in the Idaho economy 
requires continual efforts to improve crop quality and productivity. 
This can only be accomplished by investing in strong research programs 
that keep the industry at the forefront.
  Project Name: COOL Season Legume Research
  Amount Received: $235,000
  Account: USDA/CSREES
  Recipient: University of Idaho
  Recipient's Street Address: 875 Perimeter Drive, Moscow, ID 83844
  Description: This program is an aggressive cooperative research 
program between the USDA, the University of Idaho, and the University 
of Washington that seeks new, high-yielding, high-quality, nutritious 
dry pea, lentil, and chickpea varieties to meet producer and consumer 
needs. This research focuses on the breeding of new, superior varieties 
of legumes; management of nematodes, insects, plant diseases and weeds 
that can limit production; and reduction of soil erosion and water 
degradation associated with production, as well as the development of 
value-added new products. The technology being generated through the 
research is essential for the pea, lentil, and chickpea industries to 
remain competitive and profitable. Funding would be provided to the 
University of Idaho through the USDA ARS facility located at 29603 U of 
I Lane, Parma, Idaho 83660.
  Project Name: Greater Yellowstone Interagency Brucellosis Committee
  Amount Received: $650,000
  Account: USDA/APHIS
  Recipient: Idaho State Department of Agriculture
  Recipient's Street Address: 2270 Old Penitentiary Road, Boise, ID 
83712
  Description: Idaho, Montana, and Wyoming are each required by law to 
manage brucellosis-infected wildlife within their borders in order to 
prevent the spread of brucellosis to non-infected wildlife, cattle, or 
domestic bison. The Committee is coordinating with federal, state, and 
private actions in eliminating brucellosis from wildlife in the Greater 
Yellowstone Area and preventing transmission of this disease from 
wildlife to livestock. The funding will be used to develop and 
implement brucellosis herd unit management plans; to perform functions 
and duties of Idaho relative to the Greater Yellowstone Interagency 
Brucellosis Committee; to conduct brucellosis prevention, surveillance, 
control and eradication activities in Idaho and the Greater Yellowstone 
Area.
  Project Name: Increasing Shelf-Life of Agriculture Commodities
  Amount Received: $603,000
  Account: USDA/CSREES
  Recipient: University of Idaho
  Recipient's Street Address: 875 Perimeter Drive, Moscow, ID 83844
  Description: In order to prevent serious food safety issues, this 
project will fund research and development of bio-electronic sensors 
that can detect the presence of microbial pathogens in food and food 
products. Preventative detection and treatment at the agricultural 
commodity level and fast, accurate detection of biological pathogens 
and dangerous food toxins is an important element for ensuring safety 
and shelf life. The research being conducted in this area at the 
University of Idaho will advance and expand previous work on biosensor 
systems to further enhance preventative detection and treatment of 
biological pathogens and dangerous food toxins.
  Project Name: Nez Perce Bio-Control Center
  Amount Received: $176,000
  Account: USDA/APHIS
  Recipient: Nez Perce Tribe Bio-Control Center
  Recipient's Street Address: 102 Agency Road, Lapwai, ID 83540
  Description: The Nez Perce Bio-Control Center is authorized by the 
Noxious Weed Control and Eradication Act of 2004 and manages and 
establishes nurseries to increase biological control organism 
availability, distribute biological control organisms, monitor their 
impacts, and provide an increased number of annual technology transfer 
workshops to Cooperative Weed Management Areas and other landowners and 
managers regionally. This funding will continue the partnership between 
USDA and the Nez Perce Tribe to maximize the effectiveness of 
implementing a complete bio-control of weeds program in an Integrated 
Weed Management strategy. The Center will increase the availability of 
agents for landowners and managers throughout the region. Biological 
control offers long-term management of invasive weeds and can be used 
with other integrated pest management approaches.
  Project Name: Potato Cyst Nematode Research
  Amount Received: $349,000
  Account: USDA/CSREES
  Recipient: University of Idaho
  Recipient's Street Address: 875 Perimeter Drive, Moscow, ID 83844
  Description: This funding would be used by the University of Idaho 
for research and development of means to eradicate and better protect 
the Idaho potato crop from the soil-borne pathogen potato cyst 
nematode, hardened nematode bodies filled with eggs which can persist 
in the soil for up to 25 years. Current eradication depends upon methyl 
bromide, which is not totally effective and which may be banned because 
of its ozone depleting properties, as well as other chemicals which are 
even less effective and several of which may also be banned. The funds 
will be used to maximize the efficiency of methyl bromide while it is 
available and develop new ``green'' replacement eradicants (such as 
green manure or biologically derived nematicides) and procedures 
(advance hatching frequency), as well as to improve planting material 
screening procedures and to study plant-vector-virus relationships, 
which may also lead to new ways to fight potato viruses. Previous 
funding established the groundwork and prepared the University of Idaho 
to fully implement the needed research. This project will work, in 
concert with the ongoing USDA eradication program by providing new 
methods of treatment. This crop pest can result in 80% yield reductions 
and has negatively affected agricultural trade. There is a good chance 
that if this threat is addressed with adequate research and treatment 
it can be eliminated.
  Project Name: Potato Research/Multistate Potato Variety Development 
Program
  Amount Received: $1,037,000
  Account: USDA/CSREES
  Recipient: University of Idaho through CSREES
  Recipient's Street Address: 875 Perimeter Drive, Moscow, ID 83844
  Description: This funding would be used to support an on-going 
research program that provides critical support to the potato industry 
through the development of new potato varieties and resistance to 
disease and pests. The ARS research station at Aberdeen, Idaho, has 
produced eight new potato varieties, and it

[[Page 17166]]

has participated in the development of twelve other varieties 
nationwide. With the increasing threat of disease and pests, new 
varieties are crucial for America's agriculture community. Research 
will be performed at USDA's Pacific West Area ARS facility, located at 
1691 S. 2700 W., Aberdeen, Idaho 83210.
  Project Name: Small Fruit Research, ID, OR, WA
  Amount Received: $307,000
  Account: USDA/CSREES
  Recipient: University of Idaho
  Recipient's Street Address: 875 Perimeter Drive, Moscow, ID 83844
  Description: The Small Fruits Initiative--Plant Improvement project 
will build upon the strengths of existing cooperative research programs 
aligned through the Northwest Center for Small Fruits Research. This 
ongoing tri-state program supports the development of small fruits as 
an alternative agriculture crop in the Pacific Northwest. The funding 
will strengthen existing programs throughout the region and add key 
programs to fill in critical gaps that are not met by the existing 
infrastructure associated with the Center, providing key resources for 
Idaho scientists to address problems that negatively impact the 
emerging berry, grape, and wine industries in the Northwest.
  Project Name: STEEP III--Water Quality in the Northwest
  Amount Received: $444,000
  Account: USDA/CSREES
  Recipient: University of Idaho
  Recipient's Street Address: 875 Perimeter Drive, Moscow, ID 83844
  Description: Soil erosion affects 10 million acres of cropland in the 
Inland Pacific Northwest, reducing farm productivity. STEEP is a 
coordinated research and technology transfer program designed to 
develop and implement erosion control practices for agriculture. 
Emerging environmental and human health concerns also require control 
of erosion and other environmental impacts of agriculture. New 
strategies and cropping systems for the protection of soil, water, and 
air resources are being developed and assessed through collaborative 
research conducted by scientists in the Pacific Northwest. The STEEP 
program continues to provide Pacific Northwest farmers and supporting 
agribusiness entities the new conservation technologies, tools, and 
understanding to meet evolving demands of agriculture, the environment, 
and Pacific Northwest residents.
  Project Name: Tri-State Predatory Control
  Amount Received: $926,000
  Account: USDA/APHIS
  Recipient: USDA Animal Plant Health Inspection Service
  Recipient's Street Address: 9134 West Blackeagle Drive, Boise, ID 
83709
  Description: This project would continue assistance to Idaho, 
Montana, and Wyoming to control wolves and other predators. The 
Yellowstone wolf population has reached levels 3 to 4 times the initial 
recovery goals, leading to a delisting from the ESA earlier this year 
for the wolves in Idaho and Montana and leaving states responsible for 
managing the increasing wolf populations. As a result, ranchers are 
facing increasing threats from these predators. The continuation of 
this program will ensure that the tri-state area will be able to 
address predator management.
  I appreciate the opportunity to provide a list of congressionally-
directed projects I requested that have received funding in the 
Agriculture Appropriations Act for FY2010 and provide an explanation of 
my support for them.

                          ____________________




             A TRIBUTE TO HILL AVENUE GRACE LUTHERAN CHURCH

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. SCHIFF. Madam Speaker, I rise today to honor Hill Avenue Grace 
Lutheran Church of Pasadena, California. The church is celebrating its 
ninetieth anniversary with a year-long series of celebrations 
commemorating the church's significant history in Pasadena.
  In 1914, Martha Thompson, Laura Tallakson, Christiana Ellingson, and 
Thea Thompson, members of a small Norwegian-speaking Lutheran 
congregation in Pasadena, founded the ``Dorcas Club.'' The group grew 
steadily over the next few years and dedicated itself to forming an 
officially recognized mission church and in 1919, the United Lutheran 
Synod Church was established. The new church, with its first pastor, 
N.B. Thorpe presiding, held services in a storefront building on Lake 
Avenue in Pasadena. In 1923 the congregation purchased a church 
building at Mountain Street and Summit Avenue in Pasadena. Under the 
leadership of Pastor W.J. Maakestad, the church's name was changed to 
Grace Lutheran Church, and in 1926, church services changed from 
Norwegian to English.
  By the late 1940s, after years of growth under Pastor Joseph Berg, 
the church needed more space, so the congregation built a new, larger 
church on Hill Avenue in Pasadena and changed the name to Hill Avenue 
Grace Lutheran Church. In 1966, the church was extensively remodeled, 
and the Sanctuary was rededicated under longtime Pastor Amon Johnson. 
Since then, Hill Avenue Grace Lutheran Church has continued to grow, 
adding a preschool and a new chapel, among other expansions.
  Today, under the leadership of Pastor Anthony Auer, Hill Avenue Grace 
Lutheran Church is not only a vibrant Lutheran congregation but a 
dedicated community servant. Among its many other programs, church 
members run a weekly Food Shelf, help staff the Cold Weather Shelter, 
provide food vouchers for underprivileged students at Pasadena City 
College, and sew quilts and knit prayer shawls as part of the Prayers 
and Squares program. Alongside other Pasadena-area Lutheran churches, 
Hill Avenue Grace Lutheran Church has participated in operating Jacob 
House, a day shelter for homeless teens and adults, and Rachel House, a 
day shelter for women with children. The church also runs the Grace 
Christian Academy, a K-8 school dedicated to academic, social, 
physical, and spiritual growth.
  I consider it a great privilege to represent Hill Avenue Grace 
Lutheran Church and I ask all Members to join me in congratulating the 
congregation upon their 90th anniversary.

                          ____________________




                   HONORING CHARITY TOWNSEND CALDWELL

                                 ______
                                 

                            HON. STEVE COHEN

                              of tennessee

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. COHEN. Madam Speaker, I rise today to honor the heroic acts of 
Charity Townsend Caldwell.
  On May 2, 2009, Charity Townsend Caldwell, a great citizen of 
Memphis, TN gave someone a chance; but this chance wasn't a government 
program or a random act of kindness, it was the greatest gift of all . 
. . life. Charity Townsend Caldwell was arriving at her own graduation 
from nursing school, when her college dean had a heart attack, and was 
immediately surrounded by a crowd of people. Caldwell, following her 
instincts, ran through the crowd of people and immediately got down on 
her knees to assist her former administrator. Within seconds Caldwell 
had saved a man's life that would undoubtedly had been lost if she had 
not acted as quickly as she did.
  What Charity Caldwell's actions prove is that when people are given 
great tools, they can do great things, despite their hardships. 
Caldwell was given a superb education from the Nursing School of 
Southwest Community College located in Memphis, TN, and the knowledge 
she gained from this institution prepared her to act in any situation, 
even at her own graduation. While Caldwell worked against the odds to 
save a man's life, it was nothing new for her, because she is very 
familiar with overcoming challenges. She was a single mother, held a 
fulltime job, and was doing this while attending nursing school. 
Because of Charity's tenacity and faith, she found herself saving a 
life at her own graduation. The story of Charity Caldwell proves, that 
when people are given a chance to excel, they do and in extraordinary 
ways. Again, I would just like to congratulate and thank Charity 
Townsend Caldwell for showing us that hard work and perseverance not 
only affect an individual's life, it can literally save another.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mrs. MALONEY. Madam Speaker, on June 26, 2009, I missed rollcall vote 
No. 466. Had I voted, I would have voted ``yea'' on rollcall vote No. 
466, on agreeing to the resolution, H. Res. 587, providing for 
consideration of H.R. 2454, American Clean Energy and Security Act.

[[Page 17167]]



                          ____________________




                    THE FIGHTING AGGIES OF TEXAS A&M

                                 ______
                                 

                              HON. TED POE

                                of texas

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. POE of Texas. Madam Speaker, Texas A&M University was founded in 
1876 as a land grant college under the Morrill Act. The university 
began as an all male military school until after World War II. Aggies 
have been serving with honor in the armed forces since the Spanish 
American War of 1898. In fact, Texas A&M is the largest provider of 
military officers outside of the Nations service academies. General 
George S. Patton said, Give me an army of West Point graduates, and 
I'll win a battle Give me a handful of Texas Aggies, and I'll win a 
war.
  During the Spanish American War, eighty-nine Aggies served in the 
Army, and sixty-three Aggies served as officers. When the United States 
became involved in World War I, 702 A&M graduates served in the 
military, and 668 graduates were officers. Texas A&M trained over 4000 
troops during World War I.
  It was World War II, however, when Texas A&M exhibited its expertise 
in training soldiers as well as scholars. Twenty thousand Aggies served 
in World War II; fourteen thousand of these men were officers, and 
twenty-nine were generals. In order to speed up the process of sending 
more Aggies to the front lines of the war, Texas A&M instituted a 
twelve-month, three semester training program to prepare its soldiers. 
The entire graduating classes of 1941 and 1942 enlisted in the armed 
services immediately following graduation. Seven Congressional Medal of 
Honor winners during the second world war were graduates from Texas 
A&M. They included MAJ Horace S. Carswell, Jr., class of 1938; LT 
Thomas W. Fowler, class of 1943; LT Eli Whitely, class of 1941; SGT 
William Harrell, class of 1943; 2LT Lloyd Herbert ``Pete'' Hughes, 
class of 1943; LT Turney W. Leonard, class of 1942; and SGT George D. 
Keathley, class of 1937.
  Six Aggies were survivors of the 131st Texas National Guard Field 
Artillery, best known as the Lost Battalion because it was three years 
before the fate of the men was known. They were captured on Java in 
1942, and then transported to Burma, where they were forced to build 
the infamous Railway of Death depicted in the movie Bridge Over River 
Kwai.
  Membership in the Corp of Cadets is now voluntary at Texas A&M; 
however, the university continues its tradition of training men and 
women to serve their country through military service.
  And that's just the way it is.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. JOHN SHIMKUS

                              of illinois

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. SHIMKUS. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 3082.
  Requesting Member: John M. Shimkus
  Bill number: H.R. 3082
  The Account: Air NG
  Requesting Entity: Lincoln Capital Airport, 1200 Capital Airport 
Drive, Springfield, IL 62707.
  The funding for this project will go towards relocating the entrance 
road at the Air National Guard Base at Abraham Lincoln Capital Airport. 
The relocation is necessary to meet the Homeland Security back 
requirements and will ensure that the base can remain one of the 
largest employers in Central Illinois.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. HAROLD ROGERS

                              of kentucky

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. ROGERS of Kentucky. Madam Speaker, pursuant to the House 
Republican standards on congressionally-directed funding, I am 
submitting the following information regarding funding included in H.R. 
2997, the Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 2010
  Requesting Member: Congressman Harold Rogers 
  Bill Number: H.R. 2997
  Account: Department of Agriculture, Natural Resources Conservation 
Service
  Legal Name of Recipient: Kentucky Division of Conservation
  Address of Recipient: 375 Versailles Road, Frankfort, KY 40601
  Description of Request: Provide $545,000 in directed funding for 
conservation technical assistance grants to the Kentucky Soil 
Conservation Districts. This locally-led program promotes Kentucky's 
natural resource priorities and assists in the implementation of 
various Farm Bill conservation programs on small family farms.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 2997
  Account: Department of Agriculture, Natural Resources Conservation 
Service Legal Name of Recipient: Kentucky Division of Conservation
  Address of Recipient: 375 Versailles Road, Frankfort, KY 40601
  Description of Request: Provide $724,000 for conservation technical 
assistance to the Kentucky Soil Erosion Control Cost Share Program. The 
Kentucky Cost Share Program is implemented in coordination with the 
Environmental Quality Incentives Program to address Kentucky's natural 
resource concerns. The funds will be used for engineering, designing, 
installing, and certification of systems/facilities in order to meet 
national conservation standards.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. DOC HASTINGS

                             of washington

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. HASTINGS of Washington. Madam Speaker, to provide open 
disclosure, I am submitting the following information regarding 
projects that I support for inclusion in H.R. 2997, the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act of 2010.
  Amoung: $254,000
  Account: USDA's Agriculture Research Service
  Entity receiving funds: Northwest Center for Small Fruits Research 
located at 4845 Southwest Dresden Avenue, Corvallis, OR 97333.
  Description: These funds will be used to continue research on 
sustainability and pathology for small fruits, including berries and 
wine grapes, that is critical to the Pacific Northwest small fruits 
industry.
  Amount: $3,654,000
  Account: USDA's Agriculture Research Service (ARS)--Buildings and 
Construction
  Entity receiving funds: USDA's Agriculture Research Service's Pullman 
lab, located at 3003 ADBF, WSU, Pullman, WA 99164.
  Description: These funds will be used to construct a new research 
facility in Pullman to be jointly used by Washington State University 
and Agriculture Research Service scientists.
  Amount: $245,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Washington State University's Office of Grant 
and Research Development, located at 423 Neill Hall, Pullman, WA 99164.
  Description: These funds will be used for the development of biomass 
potential of aegilops cylindricum and similar grassy weeds.
  Amount: $173,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Washington State University's Office of Grant 
and Research Development, located at 423 Neill Hall, Pullman, WA 99164.
  Description: These funds will be used to continue research to develop 
technologies, such as mechanized harvesters, that increase the 
competitiveness of the U.S. asparagus industry, which has been harmed 
by high levels of imported asparagus from Peru.
  Amount: $469,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Washington State University's Office of Grant 
and Research Development, located at 423 Neill Hall, Pullman, WA 99164.
  Description: These funds will be used to continue the efforts of the 
International Marketing Program for Agriculture Commodities and Trade 
(IMPACT) Center at Washington State University, which develops new 
export marketing opportunities for Washington agricultural products.
  Amount: $235,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)

[[Page 17168]]

  Entity receiving funds: Washington State University's Office of Grant 
and Research Development, located at 423 Neill Hall, Pullman, WA 99164.
  Description: These funds will be used to continue research to improve 
the efficiency of cool season legumes, including dry peas, fresh peas, 
lentils, and chickpeas, which are important rotational crops in the 
Northwest.
  Amount: $248,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Washington State University's Office of Grant 
and Research Development, located at 423 Neill Hall, Pullman, WA 99164.
  Description: These funds will be used to continue research on organic 
cropping systems, nutrient and soil management, and organic seed 
production.
  Amount: $1,037,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Washington State University's Office of Grant 
and Research Development, located at 423 Neill Hall, Pullman, WA 99164.
  Description: These funds will be used for the continued development 
and commercialization of new potato varieties.
  Amount: $471,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Oregon State University, located at 312 Kerr 
Administration Building, Corvallis, OR 97331, and Washington State 
University's Office of Grant and Research Development, located at 423 
Neill Hall, Pullman, WA 99164.
  Description: These funds will be used to continue the development of 
research to located and characterize genes of economic importance and 
use these genes in applied barley breeding.
  Amount: $307,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Oregon State University, located at 312 Kerr 
Administration Building, Corvallis, OR 97331.
  Description: These funds will be used for continued research on berry 
and grape crops, including plant breeding and pest management.
  Amount: $444,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Washington State University's Office of Grant 
and Research Development, located at 423 Neill Hall, Pullman, WA 99164.
  Description: These funds will be used to continue research into the 
development of planting systems that reduce soil erosion.
  Amount: $223,000
  Account: Cooperative State Research Education and Extension Services 
(CSREES)
  Entity receiving funds: Washington State University's Office of Grant 
and Research Development, located at 423 Neill Hall, Pullman, WA 99164.
  Description: These funds will be used to continue the development of 
virus-free plant material to Northwest wine grape growers to ensure the 
continued health of the industry.

                          ____________________




     RECOGNIZING THE 140TH ANNIVERSARY OF THE VILLAGE OF NEW HAVEN

                                 ______
                                 

                         HON. CANDICE S. MILLER

                              of michigan

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mrs. MILLER of Michigan. Madam Speaker, I have the distinct honor to 
represent the Village of New Haven located in Macomb County. On July 
17th and 18th, its residents will join together to celebrate the 
Village's 140th Anniversary, and officially recognize the history, 
traditions, and culture that has been cultivated over that time.
  This special occasion will be marked by a weekend of various 
festivities that the entire family can enjoy including a fireworks 
show, games, a tastefest, a classic car show, a musical concert, and 
numerous presentations commemorating the Village's history.
  New Haven was incorporated and organized in 1869. It was later that 
Spring when Benjamin L. Bates was elected the first Village President 
and oversaw the population growth and economic expansion of local 
businesses and industries. During its early origins, the Village was 
home of the Detroit Grand Trunk Railroad, a sawmill, an electrical 
powerhouse, a general store, a lumberyard, and numerous family farms 
spread out across the village.
  The Village of New Haven has witnessed significant changes and 
infrastructure upgrades that lead to its formation. From the first 
church ever built in 1854 and first telephone installed in 1885 to its 
current day proximity to easily access major transportation networks 
like Interstates 94 and 69 that lead to the City of Detroit and Canada; 
the Village remarkably has been able to preserve its unique identity 
and the closeness of a community that cares about its people.
  I commend Village President Jammie Kincaid for his leadership in 
organizing this celebration. As important as it is to set a course for 
the future, it is equally important to remember where we've been. New 
Haven's ancestors built the village that is enjoyed today; it is our 
obligation to provide better opportunities for the generations to come.
  I congratulate the citizens, officials, businesses, and sponsors on 
this extraordinary event, and offer my best wishes for a successful 
anniversary celebration and robust future for the Village of New Haven.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. ANH ``JOSEPH'' CAO

                              of louisiana

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. CAO. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 2997--the Department of 
Agriculture, Rural Development, Food and Drug Administration and 
Related Agencies Appropriations Act, 2010:
  As requested by me, Rep. Anh ``Joseph'' Cao, H.R. 2997--the 
Department of Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies Appropriations Act, 2010, provides 
for Tulane University, New Orleans, LA, in support of phytoestrogen 
research project. This is in the Agricultural Research Account in the 
amount of $1,426,000. This will benefit Tulane University, 6823 St. 
Charles Avenue, New Orleans, LA 70118, in the form of funding to be 
used to partner the Tulane/Xavier Center for Bioenvironmental Research 
(CBR) and the University of Toledo to manipulate phytoestrogen and 
phyto-antiestrogen levels in soybean seed and soy-based products. This 
project discovers new effects of natural dietary constituents 
(phytoestrogens) on health and disease in human; especially, estrogen-
sensitive organs, such as breast, reproductive and cardiovascular 
systems.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. BOB INGLIS

                           of south carolina

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. INGLIS. Madam Speaker, pursuant to the Republican leadership 
standards on earmarks, I am submitting the following information 
regarding an earmark I received as part of HR 3081, Department of 
State, Foreign Operations and Related Agencies Appropriations Act, 
2010.
  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 3081, Department of State, Foreign Operations and 
Related Agencies Appropriations Act, 2010
  Account: Global Health and Child Survival
  Legal Name of Requesting Entity: Christian Blind Mission 
International
  Address of Requesting Entity: 450 E Park Avenue, Greenville, South 
Carolina 29601
  Description of Request: Of the funding provided for vulnerable 
children, $2,000,000 is included for child blindness programs to be 
administered in a manner that the maximum amount of funds are delivered 
to the field. USAID should consider the work of Christian Blind Mission 
(CBM) which acts upon the needs and rights of people with disabilities; 
18 million people worldwide benefit from CBM's support. 1.5 million 
children are currently blind, and another 7 million suffer from poor 
vision. CBM's eye care programs focus on four preventable and 
reversible sources of blindness: cataract, river blindness, vitamin A 
deficiency and trachoma.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. MIKE ROGERS

                               of alabama

                    in the house of representatives

                        Wednesday, July 8, 2009

  Mr. ROGERS of Alabama. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of H.R. 2997--
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2010.

[[Page 17169]]

  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 2997
  Account: ARS, Salaries and expenses account, $819,000
  Legal Name of Requesting Entity: Auburn University, Auburn, AL
  Address of Requesting Entity: 102 Samford Hall, Auburn, Alabama 36849
  Description of Request: ``Catfish Genomics Research'' Taxpayer 
justification--It is my understanding that this funding, similar to 
other research dollars the Federal government provides to key 
universities throughout the United States, in this case would be used 
to utilize genetic information to help develop fish lines with superior 
genetic disease resistance. Other objectives of the research include 
the development of rapid and sensitive pathogen detection tests to help 
prevent the introduction of pathogens from domestic and foreign sources 
into the U.S. aquaculture industry. Given the paramount necessity of 
safeguarding our food supply and the importance that the aquaculture 
industry plays in the economies of Alabama and other states, this is a 
prudent use of taxpayers' dollars.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 2997
  Account: NIFA, SRG account, $1,748,000
  Legal Name of Requesting Entity: Auburn University, Auburn, AL
  Address of Requesting Entity: 102 Samford Hall, Auburn, Alabama 36849
  Description of Request: ``Auburn Research Center on Detection and 
Food Safety'' Taxpayer justification--It is my understanding that the 
funding would be used to educate a new generation of engineers and 
scientists with depth of specific knowledge and breadth from 
traditional disciplines of engineering and biology that are capable of 
addressing and resolving complex issues in the food industry like 
rapidly identify, pinpoint and characterize, through an integration of 
sensor and information technology, problems that arise in the food 
supply chain.

                          ____________________




                       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 Thursday, July 9, 2009 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED
                                JULY 10
     10 a.m.
       Finance
         To hold hearings to examine the nomination of William J. 
           Wilkins, of the District of Columbia, to be Chief 
           Counsel for the Internal Revenue Service and an 
           Assistant General Counsel in the Department of the 
           Treasury.
                                                            SD-215

                                JULY 13
     10 a.m.
       Judiciary
         To hold hearings to examine the nomination of Sonia 
           Sotomayor, of New York, to be an Associate Justice of 
           the Supreme Court of the United States.
                                                            SH-216

                                JULY 14
     Time to be announced
       Foreign Relations
         Business meeting to consider pending calendar business.
                                                    S-116, Capitol
     9 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to examine the creation of a Consumer 
           Financial Protection Agency.
                                                            SD-538
     9:30 a.m.
       Veterans' Affairs
         To hold hearings to examine bridging the gap in care of 
           women veterans.
                                                            SR-418
     10 a.m.
       Commerce, Science, and Transportation
       Consumer Protection, Product Safety, and Insurance 
           Subcommittee
         To hold hearings to examine consumer protection from 
           fraud.
                                                            SR-253
       Energy and Natural Resources
         To hold hearings to examine S. 796, to modify the 
           requirements applicable to locatable minerals on public 
           domain land.
                                                            SD-366
       Environment and Public Works
         To hold hearings to examine economic opportunities for 
           agriculture, forestry communities, and others in 
           reducing global warming pollution.
                                                            SD-406
     2:30 p.m.
       Environment and Public Works
         To hold hearings to examine transportation's role in 
           climate change and reducing greenhouse gases.
                                                            SD-406
       Intelligence
         Closed business meeting to markup an original bill 
           authorizing funds for fiscal year 2010 for the 
           intelligence community.
                                                    S-407, Capitol

                                JULY 15
     10 a.m.
       Commerce, Science, and Transportation
         To hold hearings to examine the public safety impact of 
           contraband cell phones in correctional facilities.
                                                            SR-253
       Homeland Security and Governmental Affairs
         To hold hearings to examine the REAL ID Act.
                                                            SD-342
     2:30 p.m.
       Commerce, Science, and Transportation
         To hold hearings to examine the nominations of Mignon L. 
           Clyburn, of South Carolina, and Meredith Attwell Baker, 
           of Virginia, both to be a Member of the Federal 
           Communications Commission.
                                                            SR-253
       Energy and Natural Resources
       National Parks Subcommittee
         To hold hearings to examine S. 227, to establish the 
           Harriet Tubman National Historical Park in Auburn, New 
           York, and the Harriet Tubman Underground Railroad 
           National Historical Park in Caroline, Dorchester, and 
           Talbot Counties, Maryland, S. 625, to authorize the 
           Secretary of the Interior to establish the Waco Mammoth 
           National Monument in the State of Texas, S. 853, to 
           designate additional segments and tributaries of White 
           Clay Creek, in the States of Delaware and Pennsylvania, 
           as a component of the National Wild and Scenic Rivers 
           System, S. 1053, to amend the National Law Enforcement 
           Museum Act to extend the termination date, S. 1117, to 
           authorize the Secretary of the Interior to provide 
           assistance in implementing cultural heritage, 
           conservation, and recreational activities in the 
           Connecticut River watershed of the States of New 
           Hampshire and Vermont, S. 1168 and H.R. 1694, bills to 
           authorize the acquisition and protection of nationally 
           significant battlefields and associated sites of the 
           Revolutionary War and the War of 1812 under the 
           American Battlefield Protection Program, and H.R. 714, 
           to authorize the Secretary of the Interior to lease 
           certain lands in Virgin Islands National Park.
                                                            SD-366
       Banking, Housing, and Urban Affairs
       Securities, Insurance and Investment Subcommittee
         To hold hearings to examine the regulation of hedge funds 
           and other private investment pools.
                                                            SD-538

                                JULY 16
     10 a.m.
       Health, Education, Labor, and Pensions
       Employment and Workplace Safety Subcommittee
         To hold hearings to examine the Workforce Investment Act 
           of 1998.
                                                            SD-430
     2:30 p.m.
       Homeland Security and Governmental Affairs
       Contracting Oversight Subcommittee
         To hold hearings to examine contracting for Alaska native 
           corporations.
                                                            SD-342

                                JULY 21
     10 a.m.
       Energy and Natural Resources
         To hold hearings to examine S. 561 and H.R. 1404, bills 
           to authorize a supplemental funding source for 
           catastrophic emergency wildland fire suppression 
           activities on Department of the Interior and National 
           Forest System lands, to require the Secretary of the 
           Interior and the Secretary of Agriculture to develop a 
           cohesive wildland fire management strategy.
                                                            SD-366


[[Page 17170]]

                                JULY 22
     10 a.m.
       Veterans' Affairs
         To hold hearings to examine the nominations of Raymond M. 
           Jefferson, of Hawaii, to be Assistant Secretary of 
           Labor for Veterans' Employment and Training, and Joan 
           M. Evans, of Oregon, to be an Assistant Secretary of 
           Veterans Affairs for Congressional and Legislative 
           Affairs.
                                                            SR-418
     2:30 p.m.
       Agriculture, Nutrition, and Forestry
         To hold hearings to examine the role of agriculture and 
           forestry in global warming legislation.
                                                            SR-325

                                JULY 29
     9:30 a.m.
       Veterans' Affairs
         To hold hearings to examine veteran's disability 
           compensation.
                                                            SR-418