[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[Issue]
[Pages 21166-21291]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 21166]]

                  SENATE--Wednesday, September 9, 2009

  The Senate met at 10 a.m. and was called to order by the Honorable 
Jeff Merkley, a Senator from the State of Oregon.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Eternal Spirit, the fountain of all wisdom, we bring our fragmented 
lives into Your presence, seeking Your wholeness. We bring our restless 
spirits to You seeking Your calm strength. We bring You our transient 
thoughts, seeking the permanence of Your gracious providence.
  Today, remind our lawmakers that only as we lose ourselves in 
something higher can we truly find ourselves. To this end, give them 
great causes to embrace and a great faith to energize their labors. 
Lord, lead them from doubt and disillusionment, from cynicism and 
frustration, to a confidence that in everything You work for the good 
of those who love You. Give them the light to see the way You desire 
them to take through today's perplexing circumstances.
  We pray in Your Holy Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Jeff Merkley led the Pledge of Allegiance, as follows:

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

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

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

                                                      U.S. Senate,


                                        President pro tempore,

                                Washington, DC, September 9, 2009.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Jeff Merkley, a Senator from the State of Oregon, to perform 
     the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. MERKLEY 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, the Senate will be 
in a period of morning business for an hour, with Senators permitted to 
speak therein for up to 10 minutes each. The majority will control the 
first 30 minutes and the Republicans will control the second 30 
minutes. Following morning business, the Senate will resume 
consideration of S. 1023, the Travel Promotion Act. The Senate will 
recess from 12:30 to 2:15 to allow for the weekly caucus luncheons to 
meet. We hope to reach an agreement to yield back some of the debate 
time on the travel promotion legislation prior to 4:30 p.m. Senators 
will be notified when that vote is scheduled. Upon disposition of the 
travel bill, the Senate will proceed to a cloture vote on the executive 
nomination of Cass Sunstein to be Administrator of the Office of 
Information and Regulatory Affairs at the Office of Management and 
Budget. This week, we are also going to go to the Transportation 
appropriations bill, and we will continue to work through the important 
appropriations process.

                          ____________________




                           HEALTH CARE REFORM

  Mr. REID. Mr. President, I wish to take a few minutes this morning to 
bring to the attention of the Senate an article in the September 7 
Newsweek magazine. This is the language from Newsweek. I am not using 
the words; these are their words. There are two pages. ``The Five 
Biggest Lies in the Health Care Debate.'' Remember, it is the five 
biggest, but there are a lot of them that have been going on. These are 
the five biggest lies, in the estimation of the publishers of this 
multimillion-dollar distributed magazine:

       To the credit of opponents of health-care reform, the lies 
     and exaggeration they're spreading are not made up out of 
     whole cloth--which makes the misinformation that much more 
     credible. Instead, because opponents demand that everyone 
     within earshot (or e-mail range) look, say, ``at page 425 of 
     the House bill,'' the lies take on a patina of credibility. 
     Take the claim in one chain e-mail that the government will 
     have electronic access to everyone's bank account, implying 
     that the Feds will rob you blind.

  That is a falsehood. It is not in any bill, on any page, or anyplace. 
It is just made up, and it is carried on talk radio, blogs, and cable 
TV all over America. It is false, not true.
  One of the things I found in going home is that people are 
concerned--old people, because we get sick when we get old--they won't 
be able to get any chemotherapy. In this magazine, No. 1, it says that 
``the threat that Medicare will give cancer patients over 70 only end-
of-life counseling and not chemotherapy'' is a lie. It is not me saying 
that, it is Newsweek.
  Another one is that illegal immigrants will get free health 
insurance.

       The House bill doesn't give anyone free health care.

  So illegal immigrants getting free health insurance is a lie. That is 
one of the five biggest lies.
  Another one is that death panels will decide who lives. This is a 
dandy that started and got legs because of the resigned Governor of 
Alaska.

       On July 16, Betsy McCaughey, a former lieutenant governor 
     of New York and darling of the right, said on Fred Thompson's 
     radio show that ``On page 425''--

  They talk about page 425, but it doesn't exist there or anyplace 
else. But that gives them credibility.

       ``On page 425, Congress would make it mandatory . . . that 
     every five years, people in Medicare have a required 
     counseling session that will tell them how to end their life 
     sooner, how to decline nutrition.'' Sarah Palin coined 
     ``death panels'' in an August 7 Facebook post.

  Mr. President, that is a lie.
  Next is that the government will set doctors' wages. This is the 
socialized medicine thing we hear so much about, that all this health 
care debate is about is socialized medicine. This is in the magazine.
  I have told people in Nevada and everyplace I went during the break 
that the only person I have ever heard in many years who spoke about a 
single-payer system was Paul Wellstone. He did it proudly. He believed 
in it and he talked about it. But he is the only person I have heard 
talk about it since I have been in Congress. But the government setting 
doctors' wages is a lie. Socialized medicine is not part of the plan 
that is being talked about. That is simply not true.
  I hope people will come back to reality and understand that what we 
are trying to do is fix a system that is bankrupting our country. 
Insurance companies are making huge amounts of money. They are not 
subject to the antitrust laws. They are taking advantage of the 
American people. Their No. 1 goal is to see how much money they can 
make, and that is not a lie. We are trying to change the curve.
  Right now, in America, one-sixth of every dollar spent by everyone--
it doesn't matter where you are--is for health care. If we don't change 
that, by 2020, which is close, 35 percent of every dollar spent will be 
for health care. We are not trying to take away benefits from old 
people. We are doing our very

[[Page 21167]]

best to have a fair system and one that stops the insurance companies 
from taking advantage of everyone.

                          ____________________




                       RESERVATION OF LEADER TIME

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

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will proceed to a period of morning business for 1 hour, with 
Senators permitted to speak therein for up to 10 minutes each, with the 
time equally divided and controlled between the two leaders or their 
designees. The majority will control the first half and the Republicans 
will control the second half.
  The Senator from Illinois is recognized.

                          ____________________




                 REMEMBERING SENATOR EDWARD M. KENNEDY

  Mr. DURBIN. Mr. President, we knew it was coming. Yet the sight of 
Senator Edward Kennedy's desk draped in the black velvet of mourning is 
painfully sad.
  America and the world have lost a great champion of civil rights, 
human rights, and fairness. As President Obama said so well, Senator 
Kennedy was not only historic, he was heroic.
  We will have more time later this week to talk about his 
extraordinary life and the honor those of us who served with him 
enjoyed during his life. Today, I wish to say what a great honor it was 
to have worked alongside Ted Kennedy.
  On his desk today is a copy of one of his favorite poems, ``The Road 
Less Traveled'' by Robert Frost.
  There is another Frost poem that is identified with the Kennedys that 
Ted Kennedy loved as well. It is called ``Stopping by Woods on a Snowy 
Evening.'' It is the story of a man who pauses to admire the simple 
serene beauty of a New England woods filling softly with snow and 
wishes he could stay longer. It reads:

     But I have promises to keep,
     And miles to go before I sleep,
     And miles to go before I sleep.

  Unlike his beloved brothers, Senator Kennedy's life was not one of 
promise cut short but a life of promises kept. He loved America, and 
his life's work made us a better and more just nation.
  If Ted Kennedy were here today, I feel absolutely certain that he 
would be on the floor at this moment talking about health care. It 
really was the hallmark of his public career. From the beginning, he 
understood this was one of the most fundamental things when it came to 
justice and fairness in America.
  The fact that 47 million Americans have no health insurance is at 
least embarrassing, if not shameful, in this great and prosperous 
Nation. Who are these people, these 47 million? Are they lazy or just 
unlucky? Well, they are not the poorest in America because we provide 
for the poorest. We have Medicaid, which provides basic health care for 
those who are out of work and have no source of income or savings. They 
are not the fortunate few or the fortunate majority, because they don't 
enjoy health insurance, as most of us do, where they work. They are 
people who get up and go to work every single day, without the 
assurance that they are going to have protection if they run into 
medical bills.
  This morning, in the State Journal Register, which is published in my 
hometown of Springfield, IL, there is a story of one person, Terry 
Broida. He is a fellow who is down on his luck. He is 62 years old, and 
he says:

       ``I couldn't get a credit card to buy a postage stamp,'' 
     said Broida, 62, who estimated he owes $80,000 to Springfield 
     doctors and hospitals, money he doesn't think he will be able 
     to pay.

  Is he out of work? No. He is a small businessman who operates an air-
filter maintenance company, and he is one of more than 45 million 
Americans who have no health insurance.
  It says:

       He wants to see Congress and the Obama administration cover 
     all Americans through a universal, government-controlled 
     system. And he's not scared of what some would call 
     ``socialized medicine.''

  He said this Tuesday:

       We have socialized medicine already--it's called Medicare, 
     and it works.

  This says:

       America's health-care costs total more than $2.2 trillion a 
     year, accounting for 16.2 percent of the gross domestic 
     product in 2007.

  That is $1 out of every $6 spent in America.

       And yet, the latest statistics indicate that 15 percent of 
     Americans [like Terry Broida] were uninsured in 2007.

  Health care costs are crippling the ability of many companies to 
compete, and many companies are dropping coverage.

       Broida, the father of six, hasn't had health insurance [in 
     40 years] since 1969, when he was 22 and sold life insurance 
     [at a local agency]. When he left that job, he operated 
     furniture stores for more than 30 years.

  He said, ``I was young, stupid and thought I could handle anything.''

       He said he never could afford health insurance but always 
     seemed to scrape together enough money for doctor visits for 
     himself, his kids and his now-ex-wife--until 1980, when he 
     broke his right leg playing softball.
       To pay for the $3,000 surgery to fix his leg, he agreed to 
     reupholster the surgeon's furniture.
       ``It was a pretty good swap,'' Broida said. But that doctor 
     died a few months later, leaving Broida with no one willing 
     to accept a similar swap to remove the metal rod [the doctor 
     put] in his leg.

  The rod is still there today, 29 years later.

       A 17-foot fall through a roof while working in early 1990s 
     left him with another $3,000 hospital bill he couldn't pay, 
     and a heart attack in 1995 generated a $25,000 bill to St. 
     John's Hospital [in Springfield, IL].

  He thinks the hospital forgave most of the bill.

       Fearing another big bill, [Terry] decided not to seek 
     medical care in 1996, when he fell off another roof. ``I just 
     laid in bed until the pain went away, and I went back to 
     work,'' Broida said.
       Spinal stenosis almost crippled him until his primary care 
     doctor at [a local community health center] referred him for 
     emergency surgery in 2007.

  The surgery worked, but the surgeon was from a local clinic which did 
not offer discounted rates to patients, such as they offer to major 
health insurance companies. The doctor bill alone for his emergency 
surgery was $40,000. Broida said, ``There's no way in hell I can pay 
$40,000.''

       At one time, he said, he earned $50,000 a year. He said he 
     now makes about $18,000 while recovering from surgery.

  He went on to talk about the fact that he had heart problems that may 
have been complicated by dental problems. He cannot afford regular 
dental care, obviously. He basically said he is for a universal system 
of health care. He would like the Federal Government to establish a 
public option to compete against private insurance companies so people 
like him could afford insurance.
  He said in this article:

       ``Businesses exist to make a profit,'' he said. 
     ``Government exists to provide a service.''
       Asked whether the debate about reform makes him hopeful, he 
     said powerful lobbying interests will be a barrier to major 
     decisions by congressional lawmakers.
       ``I'm not holding my breath,'' he said. ``It's all about 
     the Benjamins. If they listen to the money we're screwed.''

  Terry Broida, Springfield, IL, one of 47 million uninsured Americans 
who are all over our country. They got up and went to work this morning 
at their small businesses and working for other people. They made the 
bed in your motel room last night. They are going to take the dishes 
off the table when you finish with your breakfast. They are the folks 
who are watching your kids at daycare. They are the ones who are 
watching your mom in the nursing home. And they are the ones who do not 
have health insurance.
  What kind of a country are we if we can ignore the obvious--47 
million uninsured Americans. When people come to the floor and rail 
about health care reform and talk about socialism, they are talking 
about whether we as a nation can reach out and provide for those who go 
to work and do not have the protection and security of health 
insurance. I do not call that socialism. It is fundamental Americanism 
and fairness. It is what has defined us as a country for so long.

[[Page 21168]]

  It has been almost 80 or 90 years now since we decided that if you 
make more money in America, you will pay more in taxes than someone who 
makes less. Socialism? I don't think so. I think it is fairness, and 
that is what we are getting down to in this debate.
  Tonight the President of the United States will speak to us, not far 
from here, across the Rotunda. I am not sure exactly what he is going 
to say, but I know one thing for sure, he is not giving up on his 
promise to America to make a difference when it comes to health care. 
This President understands it is once in a political lifetime that you 
can change this country for the better.
  He also understands there are powerful forces against him, people who 
are making a fortune off the current system who do not want anyone to 
rock the boat. Oh, they are not going to say that. They are going to 
come up with some of the things Senator Reid referred to earlier--the 
great lies about death panels and cutting off people when they need 
chemotherapy late in their life. They are going to peddle those lies 
and try to mislead and distort the debate. But I don't think they will 
succeed because I believe the American people understand that the best 
thing for us to do is not go through shoving and shouting at town 
meetings but sit down and have an honest debate and answer questions 
honestly, not the kind of distortion and lies we have seen.
  For Terry Broida, $80,000 in debt to the hospitals and doctors in my 
hometown, he will go to work tomorrow in his little business and try to 
keep it going. He will see his own medical condition deteriorate. I 
wonder if, on the floor of the Senate and the House of Representatives, 
there will be anybody listening to his story and deciding that America 
can do better.
  We are the fortunate few on the floor of the Senate. We have the best 
health insurance in America. Every American deserves that kind of 
health insurance. We have an opportunity once every year to pick from 
private health insurance plans, the ones that are right for our family. 
If we pick a big plan, we pay more out of our payroll deduction. If we 
pick a smaller plan, we pay less. But we have that right, that choice, 
that security, and peace of mind to know our families are going to be 
protected.
  Many of the same Senators who come to the floor and to their town 
meetings to rail about public options and public-administered health 
care plans happen to belong to one right here in the Senate. 
Interesting, isn't it? Terrible for everybody else but perfect for them 
and their families.
  I think the American people can see through that. They understand 
that, at the end of the day, we can improve this system and make it 
better and fair. They understand if they have health insurance they 
want to keep, it is going to be their right under any change of the 
law. If they have a doctor they trust, they can stay with that doctor. 
That is going to be protected.
  But if they are similar to Terry and have no health insurance or they 
have health insurance which is terrible, we want to give them the same 
choice Members of Congress have: to pick the health insurance that is 
right for them, and for those in lower income categories, to give them 
a helping hand to pay for that health insurance premium. That is only 
right, and it is only fair.
  We want to make sure these health insurance companies do not continue 
to rip off people. Two out of three people who file for bankruptcy in 
America today do so because of medical bills they cannot pay, just like 
Terry. Two out of three file for bankruptcy because of medical bills. 
You know what, 78 percent of them, more than three-fourths of those 
filing for bankruptcy because of medical bills have health insurance. 
It is no good. It wasn't there when they needed it. The company denied 
their benefits. The company refused to pay, and they were stuck, losing 
everything--their life savings, things they had saved for the future, 
gone.
  We cannot allow this to continue. We cannot allow the radical voice 
we have heard over the last several weeks distorting the facts about 
this debate to prevail. This is a time for us to stand and do the right 
thing for this country and bring coverage to those today in America who 
do not have the most basic security we all need--the security of 
knowing that when you wake up in the morning, you are not one accident 
or one diagnosis away from being wiped out financially.
  For 47 million people, that is the reality of life in America. The 
President tonight will challenge us to change it. We have to have the 
political courage to do it.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Ohio.
  Mr. BROWN. Mr. President, I applaud the remarks of my friend from 
Illinois and his leadership on health care issues. He is one of the 
people in this institution--and I wish there were more--who went home 
and listened to people and came to the floor of the Senate to talk 
about the stories of people because that is why we are here. He 
represents them very well. That is why he supports this health care 
plan by the President. That is why he supports the public option and 
coverage for all--prevention and wellness and all that is in this 
legislation--insurance company reform that matters.
  I thank my friend from Illinois.
  Mr. President, tonight President Obama addresses the Nation, just 
down the hall, in a joint session of Congress, an historic night. A 
President has not addressed a joint session of Congress, other than a 
State of the Union Address which comes at the beginning of every year, 
since President Bush did it right after September 11. We know how 
important this is.
  President Obama is stepping up and going to be more specific and more 
forceful and help to set aside and answer all the distortions the 
Senator from Oregon, the Presiding Officer, and I and others heard at 
our meetings in our States in August, when we were home talking to 
people about this health care legislation.
  I went to the most conservative part of my State, Cincinnati, and did 
my first large townhall meeting. Mr. President, 1,500 people showed up; 
1,000 of them generally were supportive of this health care bill with a 
public option. About 500 were opposed.
  Several people stood and some argued that they did not like it. They 
called it socialism. They talked about death panels, and they talked 
about illegal immigrants, none of which are in the bill, of course. 
They have been misled, in large part, by insurance company interests in 
this city that have done all they could to propagate this 
misinformation all over the country.
  The CEO of Aetna was paid $24 million last year. The CEO of CIGNA and 
so many of these other companies makes tens of millions of dollars a 
year. That is just their top executives. Obviously, other executives 
make millions of dollars a year, while too often they deny a person 
coverage because of a preexisting condition or they put an annual or 
lifetime cap on an insurance policy that makes you understand that if 
you get really sick, your policy was not nearly as good as you thought 
it was because they canceled your insurance or plans tend to 
discriminate on gender, geography, disability, and age, in many cases.
  This legislation we will bring to the floor that was passed out of 
the committee on which the Presiding Officer sits, the Health, 
Education, Labor, and Pensions Committee, and passed three committees 
in the House of Representatives, will say you can keep the insurance 
you have, but we will build consumer protections around that insurance 
so insurance companies cannot cut you off, cannot deny you care, cannot 
cancel your insurance policy, cannot do--the technical term they use is 
``rescission''--when they find all kinds of reasons to cancel you.
  I wish to talk a little bit about this townhall meeting in Cincinnati 
in the most conservative part of the State where people said: Are you 
sure you want to go there? Because there is all kinds of 
misinformation, all kinds of anger and disagreement with the bill. I 
found that was true only in a minority of people who showed up.
  It was a huge crowd we had at the University of Cincinnati. One woman

[[Page 21169]]

particularly got my attention, a young woman named Rachel, 17 years 
old. There were three high schools--Wyoming High School, which is in a 
suburb of Cincinnati, and another couple schools that were also there. 
This 17-year-old girl said--her name is Rachel--she said: My father's 
side of the family has the breast cancer gene, the gene that often 
indicates a high likelihood of breast cancer in the next generation of 
women. She said: My mother has had some autoimmune diseases in her 
family.
  She said: I go to the doctor every year. I am very healthy. She 
looked great. She was outspoken and friendly. She said: I go in once a 
year. I have a physical. I am fine. I have never had any illness of any 
consequence. My parents' insurance company told me because of my 
parents' illnesses or just my parents' condition--not even illness at 
this point--I was told by my parents' insurance company that I would 
not be able to get insurance because I have a preexisting condition. 
She has never been sick, but she has been told by the insurance company 
that she would not get any insurance.
  What kind of behavior is this? Insurance companies are going to do 
what they are going to do. Their bottom line is to try to figure out 
how they can bring in the most revenue possible and how to pay out the 
fewest dollars as possible. The way you do that is to deny care. I 
understand that is their business model. I don't blame them for that. I 
don't hate the insurance companies. I understand we need rules that 
insurance companies cannot do that. There is no reason the law should 
allow this insurance company to deny Rachel, from Wyoming High School 
in a suburb of Cincinnati, her care.
  Then I did other meetings around Ohio in Cambridge, in eastern Ohio, 
a small town. Mark, from Cambridge, discussed how businesses are 
struggling with crushing premiums and copays that take money away from 
company earnings and employee salaries. He learned, as a small business 
owner, health insurance reform--our bill--will provide tax credits to 
buy coverage for employees and, as we talked earlier, will prevent 
insurers from dramatically increasing premiums if an employee gets 
sick.
  Imagine you have a business in Eugene, OR, or there is a business in 
my State in Akron or Zanesville or Lima. It is a small company that has 
25 employees, and two of these employees get a serious form of cancer 
which costs them--they all have insurance through their employer--tens 
of thousands, maybe hundreds of thousands of dollars. The insurance 
company will do one of two things. They will either jack up premiums so 
high that the small business may not be able to afford the premiums and 
will have to lay off people or cancel the insurance or the insurance 
company will cancel their insurance. Either way, that will not work for 
their employees who did nothing wrong.
  One of the things this legislation does is give those small 
businesses a tax credit so they, in fact, can insure their employees 
and make a financial go of it. It allows the small businessperson to 
take his whole business and all his employees into this exchange where 
they will get a choice of insurance companies. They could go with 
Aetna, CIGNA or United Health. They could go with a not-for-profit 
mutual company called Ohio Mutual. They could go with a public option. 
They have a choice. That is the point of a public option--to give a 
whole array of choices and at the same time have insurance reform so 
those companies can no longer cut off people because of a preexisting 
condition or deny care for a whole host of reasons. And the public 
option will help us enforce that by giving people that option where 
they simply would not cheat and would not deny coverage like that.
  Another young man at one of our meetings in Columbus--Brenton, a 
recent college graduate--talked about how the excitement of graduating 
turned into anxiety knowing that he is one illness away from towering 
medical bills and even unemployment. Brenton, like millions of other 
recent college graduates and young adults, will benefit from low-cost 
plans and longer periods to stay on their parents' plans. I can't count 
the number of young people--21, 22, and 23 years old--who don't have 
insurance because when they graduated college, left home, or whatever, 
in their early twenties, their coverage was canceled. They could no 
longer be part of their parents' insurance plan. Under this 
legislation, every person is allowed to stay--if the parents want them 
and the children want to--on their parents' plan until the age of 26, 
an age when young people begin to get better employment that can also 
lead to coverage.
  Jane from Cambridge--eastern Ohio--discussed how her retirement 
security is being shattered by ballooning out-of-pocket costs and 
outrageous premium hikes. She will benefit from health insurance reform 
that roots out waste, fraud, and abuse to preserve the long-term 
sustainability of Medicare. She will also get assistance under our core 
medical bill, closing the doughnut hole, if she had the Medicaid 
prescription drug coverage. This doughnut hole has swallowed up so many 
people who have been buried in huge costs for their prescription drugs 
because of the way the Medicare bill was written 5 years ago.
  You may remember back in those days--and we don't operate that way 
anymore--the drug and insurance companies sat down with President Bush 
and wrote the Medicare privatization bill. It was written for the drug 
companies; written for the insurance companies. They benefitted most 
from it. It created this huge doughnut hole where senior citizens have 
huge out-of-pocket costs they have to bear. This legislation begins to 
close that doughnut hole so that would not be the case.
  Mr. President, it is clear that as many of us--the Senator from 
Illinois and the Presiding Officer from Colorado--went around our 
States in the last month and listened to people--such as the young 
college student who lost insurance; or Rachel, the young woman in 
Cincinnati who might have a preexisting condition, even though she had 
not been sick a day in her life or been diagnosed with any preexisting 
condition; or the small businessperson and fellow named Mr. Fisher in 
Cincinnati who told us how he has covered his employees for 26 years 
and how every year it gets harder and harder, to the point now where he 
has had some serious illnesses in his company of 40 or 50 or 60 people, 
if I can recall, and he simply can't continue to cover all of them--
every one of these individuals has a specific problem. Many of them are 
happy with the insurance they have, if they have it, but many of them 
know the anxiety of what might happen with a preexisting condition or 
what might happen to them or their employees. Insurance is good only 
when it always works. That is what this bill does.
  Insurance companies will have to do what they promise, not in the 
fine print but what they promise. This legislation goes in that 
direction.
  We look forward to hearing the President tonight as he leads us on 
this very important issue. This will be perhaps the most important vote 
in the next couple of months that any of us cast, at least on a 
domestic issue--or maybe the most important vote in our lives outside 
of voting on the Iraq war 6 or 7 years ago. But this is probably the 
most important vote we will cast in our careers.
  We have moved intelligently. I think we have moved cautiously. We are 
ready to move this bill forward, get it to the President's desk by the 
end of the year. It is going to make a difference in the lives of tens 
of millions of people in the country.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Bennet). The Senator from Illinois.
  Mr. DURBIN. Mr. President, I see the Senator from Florida is on the 
Senate floor, so at this point I ask unanimous consent to reserve the 
remainder of the time on the majority side and yield to the Senator 
from Florida who will be recognized in morning business on the other 
side.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Florida.

[[Page 21170]]



                          ____________________




                         FAREWELL TO THE SENATE

  Mr. MARTINEZ. I thank the Senator from Illinois for his kindness and 
appreciate the opportunity to proceed with my final speech on the floor 
of the Senate, which is a unique moment in time for sure.
  The opportunity to serve in the Senate is really the culmination of 
what has to be an unlikely journey from the place of my birth in a 
small city in Cuba to having journeyed to the United States and having 
had the incredible opportunity to be in the Halls of the most cherished 
institution of democracy anywhere in the world. It has been, indeed, a 
privilege and an unlikely journey, as I say.
  I am really very grateful to the people of Florida for having given 
me the opportunity to represent them in the Senate, and I think of my 
time in the Senate as a culmination of my time in public service, the 
close of a fulfilling chapter in my own version of the American dream.
  Having lived through the onset of tyranny in one country and played a 
part in the proud democratic traditions of another, I leave here today 
with a tremendous sense of gratitude for the opportunity to give back 
to the Nation I love--the Nation not of my birth but the Nation of my 
choice, which is a significant difference. It is a great nation with a 
proud tradition throughout its history of welcoming immigrants to this 
country and, in addition to welcoming, it has given us the opportunity 
to do great things for all who are a part of this country.
  So that is why I consider serving my community, my State, and our 
Nation for the past 12 years a great privilege. It was a desire to give 
back, to make a contribution to this Nation that propelled me to enter 
a life of public service. As a mayor and Cabinet Secretary, and as a 
Senator, preserving opportunities for others to receive their own claim 
to the American dream has always been a mission for me.
  I have worked during all phases of my public life with a sincere 
desire to make a difference, and today I prepare to return home knowing 
that I have done my best to advance the things that make our Nation 
great, prosperous, and free. We truly live in the greatest Nation in 
the history of the world, and throughout my life in public service I 
have been humbled to play a proud role in this democratic history of 
our Nation.
  As mayor of Orange County, it was a real pleasure and privilege to 
lead the community that had done so much for me and for my family when 
we first arrived in this country. Then to have the opportunity to lead 
them as mayor was indeed a rare treat and a wonderful opportunity. We 
carried out an aggressive agenda and tried to do the that which would 
better the lives of everybody who lived in Orange County, and I am 
proud of some of the many things we accomplished there.
  Upon my service as mayor, I received a call from then-President-elect 
George W. Bush to serve my adopted Nation as the first Cuban American 
to serve in the Cabinet of a President, which was, again, a rare 
privilege and a wonderful opportunity. The call to serve as HUD 
Secretary was unexpected and not only a source of pride for me and my 
family but especially for the entirety of the Cuban American community. 
I will always be grateful to President Bush for giving me such a 
historic opportunity.
  My time of serving on the Cabinet was punctuated by the terrorist 
attacks of September 11, 2001. These were sobering events. These were 
events that turned the focus of the Nation from a fairly carefree time 
dealing largely with domestic issues to a focus on the reality of what 
had occurred in New York and Pennsylvania and right here not far from 
this Capitol. It was part of my job as HUD Secretary to work on the 
reconstruction of Lower Manhattan. That and a number of other things 
were added as responsibilities for those of us in the administration at 
that time. Forevermore I will remember those days as having been a very 
significant part of my life in public service.
  There is no question that it was a privilege to serve the President, 
but there is no greater honor than to have the people of Florida send 
me to Washington to serve them as a Member of the Senate. Aside from 
the debates and the speeches and all the work that goes into turning 
ideas into law, one of the most rewarding experiences has been helping 
Floridians resolve issues they have in their everyday lives.
  In the short time I have been here, my office has assisted more than 
36,000 Florida families through casework and written correspondence and 
countless more efforts. We made tremendous progress on many of the 
issues that face our State, including efforts to develop our natural 
energy resources while protecting the environment, seeking to modernize 
our military through increased shipbuilding and ensuring we meet the 
Navy's goal of strategic dispersal--very important to our country but 
also to Florida--and working to protect our Nation's home buyers from 
bad loans, bad investments, and predatory lending practices.
  It has also been rewarding to know our work can often impact the 
lives of those living outside our borders fighting for freedom and 
those things which we hold dear. I brought to my work a belief that it 
is always necessary to provide a voice for those who are silenced for 
attempting to advance the cause of freedom.
  Having lived under Cuba's repressive dictatorship, I have always 
recognized the struggle of those who fight for freedom. That has always 
been, and will continue to be, a lifelong passion. I have taken every 
opportunity to recognize those engaged in Cuba's peaceful civic 
struggle for democratic change and those who stand up for their human 
rights. There are names such as Dr. Oscar Elias Biscet, Antunez, the 
Damas de Blanco--the ``Ladies in White''--and also the victims of the 
Black Spring government crackdowns. It is my fervent hope that one day 
in the not too distant future the people in Cuba will live in freedom 
with dignity and hope for a better tomorrow. Freedom is their God-given 
right.
  Even though I will no longer hold public office, I will devote myself 
to seeing the day when the people of Cuba can live in freedom. The 
preservation of all freedoms, whether they be in Cuba or around the 
world, call us to stand up wherever and whenever it is threatened.
  One series of events will stand out in my mind as evidence of the 
power of an individual. A constituent of mine--a woman by the name of 
Cuc Foshee was falsely imprisoned in Ho Chi Minh's prison while she was 
visiting her family in Vietnam. This was a lady who fled Vietnam and 
who lived in Florida. She went back to Vietnam for a family wedding, 
and while she was there her views about the government of Vietnam were 
clear and well-known, so she was, for no particular reason, thrown in 
jail in Vietnam. When this matter came to my attention, she had been in 
detention for over a year. She was denied any of the basic rights that 
we understand and know. She had no opportunity to have contact with 
home, and she had no real hearing and no fair trial. Yet she was still 
in prison.
  One of the wonderful opportunities I have had in my time here was to 
work for her release. It so happened that, working with President Bush 
and then-Secretary of State Rice, we had before the Senate the 
Vietnamese Free Trade Agreement. President Bush was planning a visit to 
Vietnam upon the completion of that agreement. So utilizing the 
resources all of us have in the Senate to ensure the consideration of 
that free-trade agreement was somehow connected to the freedom of this 
innocent woman, I was able to work with Secretary Rice, leading our 
State Department at that time, as well as our President, to ensure that 
Cuc Foshee was freed.
  I have never been more proud than the day we were able to get a phone 
call that she was on her way to San Francisco, and then have a 
wonderful reunion with her and her family in Orlando, FL. It is 
something I will never forget.
  We did also strive mightily in this body to seek a solution to 
immigration reform, something I felt very strongly about. And being the 
only immigrant in this body, I believed I was dutybound to try to 
advance that

[[Page 21171]]

cause. I am proud to say our efforts for immigration reform gave me the 
opportunity to work very closely with Senator Ted Kennedy, whom we are 
also honoring today, with nearly a half century of service in the 
Senate.
  I can recall reminiscing with him one day near his desk. He came to 
the Senate in 1962. That was the same year I came here from Cuba. It 
was also immediately after we had a very serious confrontation 
involving Cuba--the Cuban missile crisis. I remember discussing with 
him how his family will be tied to that period of time, to the history 
of Cuba, and how deeply that had touched my life as well. In addition 
to the many opportunities to reminisce about things such as that with 
him, I hold dear the opportunity to have sat at a table and negotiated 
with him what I thought would have been a very good immigration reform 
package--a bill which I believed would be good for our country and good 
for many people in our country.
  We didn't always agree. We didn't always have the same point of view. 
But we always found a way to get along and be very civil about our 
differences, and I admired greatly his ability to put differences aside 
and his desire to find consensus. What was most telling about working 
with Senator Kennedy is that he was committed to reaching an outcome. 
He wanted a solution, which then meant--and this might be a lesson for 
current issues today--that he could put aside the whole banana in order 
to get what he could.
  I believe in working with him and then some other colleagues who have 
become such good and dear friends, such as Senator Graham and Senator 
McCain and many others; Senator Kyl, who made an effort to get this 
legislation done--I must say I leave with a sense of regret that is not 
completed, but I do know that is an issue that will have to be 
addressed at some point in the future.
  I would also quote from President Reagan on that issue. He talked 
about the idea that America remains a beacon of freedom to the world, 
when he spoke about the ``shining city on the hill.''
  In his farewell address to our Nation, he touched on the idea that 
the contributions of all individuals are what make our Nation great. He 
said:
  If there had to be city walls, the walls had doors, and the doors 
were open to anyone with the will and the heart to get here.
  I believe those words to be as true today as the day he said them. I 
do hope, in the not too distant future, this Congress will address 
itself to that very important issue.
  Whether it is immigration, budgets or Supreme Court Justices, I will 
also miss the debates. I thank my fellow Senators for their 
collegiality and their friendship. I know these friendships are going 
to be the hardest thing to leave here--on both sides of the aisle. I 
must say I have been very touched by the warm and gracious phone calls 
and other expressions I have received from my colleagues, as I say, on 
both sides of the aisle. It makes me feel good about my relationship 
with all of you, and I hope it will be a relationship that will 
continue.
  I wish to especially take a moment to thank Senator McConnell, 
Senator Kyl, Senator Alexander and the other members of our leadership 
team for their kindness and willingness to work with me and give me 
opportunities to participate in our great debates. I also wish to thank 
Senator Reid and Senator Durbin for their friendship and their 
willingness to work with me as well.
  I have had a very special and close working relationship with my 
colleague from Florida, Senator Bill Nelson. We have known each other 
for long time, long before we came to the Senate. It has been a real 
privilege and pleasure to work with him. We worked together well enough 
to give Florida an excellent team here, and I am pleased to not only 
have had this fine working relationship with him but also that our 
staffs have worked together well. I thank his Chief of Staff, Pete 
Mitchell, and others in his office for the wonderful way in which they 
worked with us.
  All of you have extended great kindness to Kitty and to me. I hope we 
will have an opportunity to see you in Florida, where we will continue 
to make our home. I wish to especially recognize some people in my 
staff who have made my office go. As all of you know, we rely on these 
folks to make us look good at times and always be dedicated to us. My 
State director has been Kevin Doyle, who has done a magnificent job; 
senior director Kate Bush; my communications director, Ken Lundberg; 
legislative director, Michael Zehr; my executive assistant, Terry 
Couch, who has been bouncing with me from mayor to Secretary to 
Senator, and I daresay may even continue to hang around with me in some 
way; my chief of staff and longtime friend Tom Weinberg, I thank him 
very especially. He worked with me as county administrator and then 
came to join me here.
  There are a few folks who were on my staff initially but have now 
moved on: my first chief of staff, John Little; Kerry Feehery; and my 
former State director, Matthew Hunter, were also very important in my 
work, and I appreciate them very much.
  I have to say one of the most singular honors I have had in my 
service has been to work with the men and women who serve in our Armed 
Forces and to get to know them--whether it is people in their 
leadership such as General Petraeus, who now is a Floridian in the 
Central Command in Tampa, or some Floridians serving in the National 
Guard, having lunch with them in Kabul or Baghdad or other places and 
here in Washington or around the world. They are an amazing group of 
people. They have my respect and my deep-felt gratitude for the work 
they do as they serve our Nation in foreign, distant places--and their 
families who, with them, are part of serving as well.
  While saying thank-yous, I also would like to say a thank you to my 
wife Kitty, who has been a wonderful partner and friend in my life of 
public service, as she has been in all phases of my life. I promise 
you, if it were not for Kitty, I would not have done half of what I 
have done in life so I am eternally grateful to the good Lord for the 
blessing of having a wonderful life companion.
  I wish to tell you all in George LeMieux you will have a very fine 
person. I hope you will give him the same warm welcome you gave to me 
and will be willing to work with him. I think he will serve the people 
of Florida well. I wish to extend a warm welcome to George LeMieux as 
he joins this wonderful body.
  I am humbled by the trust the people in Florida placed in me. It has 
not been easy to make a decision to move on, but it is a decision I 
have made and I do it with a heavy heart.
  I also particularly wish to address myself to the Cuban-American 
community throughout our country but especially in Florida, who have 
had such great pride in me, who have put so much of their faith and 
hopes in my public life. I simply wish to say to them: me hicieron 
suyos y creyeron en mi. Compartimos el orgullo en lo que somos y lo que 
hemos logrado. Su apoyo entusiasta ha tocado mi corazon, y atesorare 
estas memorias para siempre, which means simply that I am appreciative 
of the pride we share together and what we have accomplished. Your 
enthusiastic support has touched my heart and I will always carry that 
with me.
  My time of service is only a fraction of the nearly two and a half 
centuries that have passed since our Founders charted our course as a 
free people, but the opportunity for someone such as me to serve speaks 
volumes about the promise they made and one our Nation continues to 
keep, even to this day.
  I wish to close with a quote from Jose Marti, a Cuban patriot, a hero 
of mine and to all those who strive to further the cause of freedom. He 
said:

       Liberty is the essence of life. Whatever is done without it 
     is imperfect.

  With that, I think I have tried to enjoy the fruits of this liberty 
that this country has to offer, but I have also tried to extend it to 
others in every way that I could. I am immensely grateful for the 
opportunity to have served in this body. I am humbled by this moment, 
and I am grateful to my colleagues for your friendship and support.

[[Page 21172]]


  I yield the floor.
  Mr. KYL. Mr. President, as Senator Martinez knows, the minority 
leader of the Senate could not be here this morning. I made some brief 
remarks yesterday, but let me say, just kicking off some comments I 
know others of my colleagues want to make, that in addition to the 
other attributes that Senator Martinez has brought to the Senate 
representing the people Florida, his personality, his engaging wit, and 
his love of people, his spirit, his friendliness, and his genuineness, 
all have been appreciated by all of us, I know, very much. So it is 
even more difficult for us to see him leave because, in addition to 
being a good colleague and a great Senator, he has been a wonderful 
friend.
  I think all of us appreciate that quality of genuineness, which is 
not always the order of the day when it comes to people in politics. 
With Kitty and Mel Martinez, it is. We appreciate and love them very 
much and we will miss them.
  The PRESIDING OFFICER. The Senator from Illinois is recognized.

                          ____________________




                    TRIBUTE TO SENATOR MEL MARTINEZ

  Mr. DURBIN. Mr. President, I wish to say a few words about my 
friendship and my admiration for the retiring Senator from the State of 
Florida. I didn't know Senator Martinez before he came to the Senate. I 
think the first time I had an insight into who he was and what he 
brought to the Senate was at a Prayer Breakfast, when Senator Martinez 
explained to a number of us how he happened to be an American. He was 
one of the fortunate few who escaped from Cuba under the tyranny of the 
Castro regime and was given a chance to come to Florida. He told me and 
others how difficult it was, struggling with a language he didn't know. 
He explained that one of the real saviors for him was the fact that he 
was a good athlete so he was able to play many sports, make many 
friends, and learn English in the process. He became not only an 
integral part of that community in Florida but an integral part of 
America's political future.
  In his story of growing up in Florida, his family--his wife Kitty and 
his children--mean the world to him. When I heard he was retiring, I 
called from Illinois to reach him and wish him the best. I asked, as 
everyone would: Why? He said: It is all about my family.
  I wish to tell the Senator I salute him for that. It takes an 
extraordinary amount of courage for a person to give up the adulation 
and the heady atmosphere of the Senate, to remember what is most 
important in their lives.
  I also thank him for his extraordinary courage and helpfulness on so 
many issues, particularly when it came to issues of immigration. I know 
Senator Martinez feels this personally. This is something that he has 
been through himself and he knows so many others alike who are looking 
for that chance to prove to America that they can make a contribution.
  Senator Martinez has been an outspoken supporter of the DREAM Act, 
which was an opportunity for younger people to have their chance in 
America. I thank the Senator for that. I know it was not easy because 
there are many critics, as the Senator you told me, who would come 
forward and tell him what a bad idea it was. But the Senator's courage 
in standing for that is an indication of the kind of person he is.
  Florida is going to lose a great Senator in Mel Martinez. America is 
going to lose an important voice in the Senate. But I don't think we 
have heard the last of Mel Martinez. I think his contribution, whether 
as a citizen or some other walk of life in public service, is in the 
future.
  I am honored to count you as a friend and colleague in the Senate. I 
wish you and your family the very best.
  The PRESIDING OFFICER. The Senator from Tennessee is recognized.
  Mr. ALEXANDER. Mr. President, I often think how the best stories in 
the Senate are not the political stories. We can all recount them--
Senator Inouye's bravery in World War II, leading to a Congressional 
Medal of Honor; the former majority leader, Bill Frist, performing open 
heart surgery on General Petraeus when he was accidentally shot in Fort 
Campbell; Ben Nighthorse Campbell on the Olympic judo team; Jim Bunning 
in the Hall of Fame; Jim Inhofe circling the world in an airplane the 
way Wiley Post did; Ted Stevens flying the first cargo plane into 
Beijing in 1944 at the end of World War II; and then after the 
elections of 2004, we had Ken Salazar from Colorado, 15th-generation 
American, whose family came to this country so early; we had Barack 
Obama with his incredible story; and then we had Mel Martinez in the 
same year.
  Despite the emotion of all those stories, the story of Mel Martinez 
stands out to me. As the Senator from Illinois said, imagine growing up 
in Cuba--a good life. Not a rich life, but a good life--so well 
recounted in this book, ``A Sense Of Belonging,'' that Senator Martinez 
wrote. Suddenly the Castro regime comes, it is 1958, and one day your 
parents put you on an airplane and send you to Miami, not knowing 
whether they will ever see you again. Then foster homes, then bringing 
your parents over, going to Florida State, meeting Kitty, becoming the 
first Hispanic lawyer, I guess, in Orange County, and then the mayor 
and then a Cabinet member, then Senator, then Republican National 
Committee chairman--what a terrific story, so well told in this book.
  One thing about our country that is unique is we believe anything is 
possible. The rest of the world looks at us and thinks that we 
Americans are very naive, but constantly we prove that anything is 
possible, over and over again--often with the election of a President 
from unusual circumstances, as we just had. But the story of Mel 
Martinez, his escape from Cuba's communism, his coming from that, 
speaking no English, to what he has already accomplished, and now 
moving on to yet another career, this one in private life, is an 
inspiration for our country. He has enriched this body. He says in his 
book:

       My journey has taught me that it is not an empty cliche 
     that this country is a land where dreams can and do come 
     true.

  His life shows that. We have enjoyed his friendship. We appreciate 
his example for the country, and we wish him and Kitty well for the 
next chapter in their lives.
  The PRESIDING OFFICER. The Senator from South Dakota.
  Mr. THUNE. Mr. President, I join my colleagues in congratulating my 
friend from Florida for his service to our country. He has served in so 
many different ways as has already been noted. But he is truly an 
example of the American success story, someone who came here, 
established himself, and has risen to the very highest, I guess you 
would call it, echelons of this country in terms of public service and 
his contributions to the private economy in this country. So it is with 
great regret that we say goodbye to him as a Senator but continue to 
maintain the strong friendships we have built and developed during his 
service here.
  They say that someone is measured not by the days in their life but 
by the life in their days. While Senator Martinez has maybe not served 
here as long as some other Senators--he and I came into this Senate 
together back in 2005--he may not be measured by his days of life in 
the Senate, but he is certainly measured by the life of his days in the 
Senate because he has added vitally to the debate here. He is an 
incredibly thoughtful Senator, someone from whom I have to say I have 
learned a lot--not just in our personal friendship but professionally--
because he brings so many insights and such a thoughtful way in the way 
he looks at issues--domestic issues, foreign policy issues. I have 
learned a lot about Cuba. I have learned a lot about Latin America.
  I have learned a lot about the Hispanic community in this country. 
And those are insights and contributions that he has made that no one 
else could make. It is very rare, indeed, to have someone of his 
experience and life experience and his quality to serve in the Senate 
and be able to rub shoulders and learn every single day from those 
experiences.

[[Page 21173]]

  I congratulate Senator Martinez and his family. As he said, like 
myself and many others of us, Mel married over his head. He has a 
wonderful wife and family. And I hope that now, when he is not a Member 
of the Senate, we will get to see a little bit more of him in the State 
of South Dakota, because his son John married a South Dakota girl. I 
have been trying to hunt pheasants. He has made trips up there, but it 
is always a little bit later in the season when that time of the year 
comes around, and the climate tends to change in South Dakota. But I 
hope that now that he has a little bit more time to enjoy those types 
of things, we will get that chance.
  I want to express my great appreciation to the Senator from Florida 
for an extraordinary run here in the Senate. He truly is the kind of 
person where what you see is what you get. That is rare in politics 
today--genuine, thoughtful, sincere, kind, generous, the kind of person 
who serves whom I want to see more of in public life.
  It has been a pleasure and an honor to have had the opportunity to 
serve with him in the Senate and to call him a colleague. But it is 
even a greater privilege and honor and opportunity to have been able to 
call him my friend.
  So, Mel, best wishes. Whatever you do, you are going to do well. We 
are proud of you. And thank you for your great contributions to our 
country. God bless you.
  The PRESIDING OFFICER. The Senator from South Carolina is recognized.
  Mr. GRAHAM. This is the time in a person's career you are supposed to 
lay it on thick. But there is no need to do that in Mel's case. I think 
everybody here speaking on both sides of the aisle is trying to say 
thank you for your friendship, and there are a million ways to say it. 
To Kitty, again, thank you for being part of our lives here. We are 
going to continue this relationship.
  I think all of us have got stories about Mel. I first heard about Mel 
by reputation. He was a Republican trial lawyer. That intrigued me. 
There are not many of us. We can meet in a phone booth. I got to know 
Mel during his campaign and did some events for him. I think that 
experience of representing people in court made him a good Senator 
because he understands that there are two sides of every story, and 
sometimes a person needs the best advocate they can get, even though 
their cause may not be so popular at the moment.
  But I got to know Mel during the immigration debate. That is a hell 
of a way to meet someone. You will learn quickly when you are talking 
about politics at that level, that emotional, and Mel was going to be 
part of that debate whether he wanted to or not because of who he was. 
You could not talk about immigration and not think about Mel Martinez. 
He was the first one to show up and he was the last one to leave, and 
we will get that bill passed one day. It will be a tribute to Mel and 
Senator Kennedy that the guts of the bill will be the solution that 
will be embraced down the road.
  That was tough politics. We would reminisce at night. And Saxby was 
involved. We would meet every morning in the room over there, the 
President's Room, with Senator Kennedy and Senator McCain, trying to 
figure out where we were based on what happened the night before. 
Usually we had lost ground, but we kept plugging. But a lot of stories 
were told about what was going on in Mel's life.
  There is a lot of hatred out there, quite frankly. There are a lot of 
people who should be upset about the immigration system not working and 
broken borders and legitimately concerned about the solution we were 
offering. But there were some people who were, quite frankly, hateful. 
I think Mel took the brunt of that more than anyone else. It did not 
get a lot of publicity, and probably it should not. But I know what he 
and Kitty went through to try to fix a broken immigration system. I 
will be forever grateful for their effort, because it was personally 
very difficult.
  When Mel left a repressive place, he came to a hopeful country, and 
during that debate he never lost sight of what America is all about. 
America will never be defined by the people who hate. America will 
always be defined by people who love and care. I have never met two 
people who love and care more than Kitty and Mel. You will be missed.
  The PRESIDING OFFICER. The Senator from Kansas is recognized.
  Mr. BROWNBACK. Mr. President, I too join my colleagues in recognizing 
Mel Martinez and his great contribution to this body and his 
friendship. I think most of those things have been said.
  One of the things I learned from a leader in the Senator's State was 
a saying that he gave to me that: We get into trouble when we look at 
people as problems and not as people. I have thought about that for a 
long time, because you can go back in our history, and generally when 
we have looked at people as problems and not people, that is when we 
have gotten into trouble. When you look at various situations we have 
had, and even the immigration debate would be one: Well, this is a 
problem. No, this is a person. Or you can look at our debate on 
abortion in this country and say: Well, we have got a problem here. No, 
we have a person here.
  The consistency of what I have seen in Mel's policy position has been 
very much, no, this is a person. It is not just a person, this is a 
great person, and not just a great person, this is an unusual 
individual. He celebrates that with everyone. That is a beautiful thing 
to do and it is a beautiful thing to have, and it is a beautiful thing 
to see, because then that carries over into his friendships, so 
whenever he is talking with someone else, it may be a colleague or 
another individual, normally you are sitting there and you are going: 
Okay, I need to get something done through this person. But I do not 
usually find that in a conversation with Mel. Normally what I find is: 
Well, yes, I need to get something done, but what I am interested in is 
you and what you are thinking and who you are. And this is not an 
opportunity for me to get something, this is an opportunity for me to 
celebrate another beautiful soul who is standing right there and 
staring at me and talking to me, and I have this unique opportunity to 
engage them.
  How much better we all are when we look at people as people and not 
as problems or as opportunities or as obstacles to get through. That is 
where I find what he embodies does in this way he works. I am going to 
miss you, Mel. We are going to miss you an awful lot. We appreciate 
you. I appreciate the lessons you have taught me by the way you live 
and by the way you serve. God bless you.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. NELSON of Florida. Mr. President, I speak with a good degree of 
regret, because he knows the heartfelt sentiments I am going to 
express, because I have tried for now the better part of 3 months to 
talk him out of this particular day. I did not want him to resign.
  It has been good for Florida the way the two of us have worked 
together professionally, because it is built on a personal friendship 
that goes back over 30 years. There was not a day we were in session 
here that Mel and I did not talk.
  Of course, this floor of the Senate is the place that you can get 
away from the other distractions, and, in fact, can come together and 
have those conversations you want. And that was so important in us 
looking out for the interests of Florida.
  So it is with a great deal of regret that this day has come. I think 
it is important that the two Senators from a State get along, and that 
is particularly true of two Senators who happen to be from different 
parties.
  It is my hope that the kind of relationship that we had both 
privately and publicly as the two Senators from Florida sends a message 
to our people that you can transcend partisan differences in order to 
get things done. I believe that is the relationship we have had now 
going on in the Senate for a little over 4\1/2\ years. I only wish that 
relationship were going to continue for another year and a half, to the 
remainder of Senator Martinez's term. But for personal reasons he has 
made this decision.

[[Page 21174]]

  It is incumbent upon me as the senior Senator of Florida and the 
newly appointed Senator to have the same kind of relationship for the 
good of our country, for the good of our State, to transcend political 
differences, to have a good personal relationship so we can get work 
done in a bipartisan way. I intend to do that. I assume that the new 
Senator will do likewise. Let me say that a lot of you do not know, 
with regard to Senator Martinez, that 30-- now going on 31, 32 years 
ago when we were a lot younger, he was already back then a very 
prominent trial lawyer. I was a pup State legislator trying to run in a 
congressional district that included the east coast of Florida and the 
interior, including Orlando. Mel was one of those high profile, very 
respected attorneys in Central Florida. And lo and behold, Mel and his 
wife Kitty, as I campaigned for that congressional seat in 1978, went 
out and went door to door for me. We have kept up that relationship 
over the years.
  So it has been my privilege to have had that personal relationship 
turn into the professional relationship as colleagues in the Senate.
  I say to Mel Martinez and to Kitty, God speed.
  The PRESIDING OFFICER. The Senator from Georgia.
  Mr. CHAMBLISS. Mr. President, this is one of those times that none of 
us in the Senate looks particularly forward to--when we have to come 
and speak about a dear friend who is leaving the Senate. But I am 
excited for Mel and Kitty in a number of ways and very appreciative of 
the great relationship, No. 1, that we have made from a personal and 
collegial standpoint.
  I am very appreciative of the great work Mel Martinez has provided to 
our country over the last several years. Our friend Lamar Alexander, 
who spoke a little bit earlier, often talks and has got me talking back 
home, particularly to young people, about what it means to be an 
American.
  Mel Martinez has a greater appreciation about what it means to be an 
American than anyone in this body because of the fact that he is the 
only immigrant who is a Member of the Senate. I know how hard he worked 
to become a citizen, and that he has a great appreciation for what it 
means to be an American.
  What a great story it is, Mel, of you dodging bullets in Cuba, 
escaping communism and ultimately coming to the United States, being 
separated from your parents, being somewhat lost in a strange land you 
knew something about but did not know any people.
  As a 16-year-old young man, thrust into that situation, most of us 
would panic to some extent. Mel never did. And through the raising in 
orphanages and foster homes, and ultimately being reunited with his 
parents after his brother Ralph came over here, and being reunited with 
him before he was reunited with his parents, it is such a great 
personal story, and such a touching story, No. 1.
  But all of that served to develop a foundation in Mel Martinez that 
America has been the beneficiary of, and certainly those of us in this 
body who have come to know Mel and Kitty are the beneficiaries of. I 
guess the ironic thing is when you read Mel's book, ``A Sense of 
Belonging''--which I would commend to everybody who is listening out 
there today; what a great book; it is a short read, but you will have a 
lot of fun reading it and it will be of great interest to you--what you 
realize is when Mel got here, there were several things that allowed 
him to transition into American society.
  First of all, he was a bright young man. He did not know the English 
language when he came here, but he committed to learn it, and he did 
learn it. Secondly, he was a very affable person back then, just as he 
is now. He made friends very easily, and that helped him make that 
transition. Thirdly, he was a good athlete, maybe even a great athlete. 
In fact, if he could have hit the curve ball he might be representing 
the Florida Marlins today instead of the State of Florida. But it is a 
great way to look at the history of America when we look at the history 
of Mel Martinez and his transition all the way from rural Cuba to the 
Senate.
  But I guess the most important thing I could say about him is what 
has already been alluded to by the assistant majority leader; that is, 
Mel came to the Senate for all the right reasons. He came into public 
service for all the right reasons. He is leaving for all the right 
reasons. I know because of the many conversations he and I have had 
about our families what a dedicated husband he is, what a dedicated 
father he is. He has seen his two older children, Lauren and Jack, come 
up and become very successful in their own right. Now he has Andrew. 
Andrew is a 15-year-old young man who is growing up in Orlando and is 
doing the things all young men do. Unfortunately, his dad is gone 
during the week and is home during the weekends, and that is the time 
when young men like to be with their friends. Mel is missing a lot of 
that. That is the reason he is going back home, and that is the reason 
all of us can stand here and say: Wow, I wish I had the courage to do 
that.
  I had a very similar experience during my days in the House. When I 
ran for the House in 1994, my son was a senior in high school. He 
played football on what ultimately became the State championship 
football team. There was no question from my campaign staff as to where 
I was going to be on Friday night. I was there to see my son. Mel is 
missing the experience of seeing Andrew play on Thursday nights because 
he is here doing what he was elected to do; that is, serve the people 
of Florida. He is going to now have the opportunity to experience with 
Andrew the same sorts of things he did with Lauren and Jack. For that, 
we can say great things about his service to our country, his service 
as mayor of Orlando or as Secretary of HUD, or his service in the 
Senate. But his service to his family is ultimately what is important, 
and, wow, what a public servant he is to his family.
  So to him and his wife Kitty we say we thank you for the great 
service you have provided. We thank you for the great friendships you 
have provided to all of us as Members of this body. Whatever road you 
ultimately travel down in the days ahead, we know you are going to 
continue to be a success. We know you are going to continue to serve 
our country in your own special way. But, most importantly, you are 
going to serve our God and you are going to serve your family.
  So, Mel, thanks for everything you have done. Thanks for your 
friendship. God be with you and Godspeed.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. CORKER. Mr. President, I think you know I spend very little time 
talking on the Senate floor, and I plan to keep it that way. But I do 
want to spend a moment paying tribute to my great friend, Mel Martinez. 
I have had the privilege of sitting beside him on the Banking 
Committee. We commiserate about many things that happen in this body.
  I love working with Mel Martinez, and I am going to miss him. I 
consider Mel to be the epitome of decency in this body. I think he is a 
person who truly wants to do what is best for this country. I have seen 
him many times tormented over decisions we all make, which are very 
difficult to decide from time to time: What is best for our country 
over the long term? I value that in him so much.
  I think this body will be diminished with him leaving. Having people 
like Mel, who, again, have such a sense of decency--which is, as 
Senator Chambliss mentioned, one of the reasons he will be departing 
soon--will be a loss for this body.
  I have not met anybody here who I think is a finer individual, nor 
anybody who I will miss more than Senator Mel Martinez. So I am happy 
for Kitty. I am happy for his family. I am sorry for us. But I am glad 
I have served in the Senate with somebody I consider to be such an 
outstanding person as Mel.
  So, Mel, thank you. Thank you for the many confidential conversations 
we have had through the years, the frankness with which we have been 
able to talk about so many things.
  Each of us brings something to this body that is unique. I think that 
is why it functions the way it does. I think your insights into our 
relationships

[[Page 21175]]

with the countries of Latin America, to many of the things that were 
happening there from the inside because of so many of the relationships 
you have has helped all of us make decisions that are more sound.
  So that peace will go with you as you leave. Surely somebody else 
over time will help fill in that vacuum, but I value the many things 
you have shared with me that have helped me to think in a more 
thoughtful manner, and I look forward to talking to you in the years 
ahead about what is happening in your life. I thank you for what you 
have done in mine.
  I thank the Chair.
  Mr. HATCH. Mr. President, I rise today to give tribute to my 
colleague and friend, Senator Mel Martinez. During his time in the 
Senate, Mel has served the State of Florida and our country well.
  Overcoming great odds, Mel and his life's journey is an inspiration 
to all. At age 15, he fled his native Cuba as part of a Catholic 
humanitarian effort. Alone, and speaking virtually no English, Mel was 
placed in temporary youth facilities. Later, he lived with two foster 
families, for whom he has great appreciation and affection. In 1966, he 
was happily reunited with his own family members in Florida.
  These experiences strengthened Mel and shaped his views. He went on 
to earn graduate and law degrees from Florida State University and 
practice law for 25 years before serving as Secretary of Housing and 
Urban Development and then joining us here in the United States Senate.
  During his tenure, I appreciated Mel's leadership, particularly 
working on the U.S. Senate Republican Conference Task Force on Hispanic 
Affairs--a task force I formed in 1987. I have long felt that we should 
not try to put this vital and growing segment of our population in a 
box because they care about the same things we all do--having a safe 
nation, strong families, a good education for all our children, and 
good jobs that provide well. At the same time, I recognized that 
Hispanics and Latinos bring unique and important perspectives to the 
issues we face in Congress.
  Mel worked to advance the mission of the task force to promote 
greater participation in the democratic process, to create more job 
opportunities, ensure better access to health care, and educate our 
children.
  While there is much talk on both sides of the aisle of strategy and 
outreach to try to ``woo'' Hispanics and Latinos, we should actively 
listen to their concerns and encourage their participation. That is 
true of all segments of our population. That is what I have tried to do 
and that is what Mel has done, too. I understand we have Mel's firm 
commitment to continue this important work.
  Our colleague from Florida has taken strong positions on a number of 
issues that have come before this body. Mel has supported prodemocracy 
movements in Cuba while urging that its dictatorship of abuse and 
misery is not legitimized by our government.
  As a member of the Armed Services Committee, Mel has been a strong 
supporter of our war on terror, especially as our brave troops combat 
terrorism overseas for the safety of our Nation.
  Mel has supported a reasonable and rational approach to ensuring our 
Nation's energy security. He has helped to highlight our Nation's lack 
of action to increase our production of nuclear energy--our Nation's 
largest sources of green, clean electricity. He recognizes that our 
domestic electricity supply must be based upon a major source of green 
baseload power, and that nuclear power holds the most potential to 
ensure that the American economy is fueled by an abundant, cheap, and 
clean source of energy.
  Mel has worked with us on health care reform. This is not a 
Republican or Democrat issue--it is an American issue which needs to be 
addressed in a bipartisan and fiscally responsible manner.
  Our colleague has worked to defeat card check because it reduces 
employees' right to a free and private election to choose if they want 
to unionize.
  Mel has sought workable reforms to our system of immigration. He 
spoke out against the negative rhetoric that divided and polarized. He 
will be missed in this body as the immigration debate moves forward.
  I know my friend is looking forward to writing the new chapter in the 
book of his life. I thank him for his service to our country and wish 
him well.
  Mr. McCONNELL. Mr. President, we have had a chance today to recognize 
our colleague, Senator Mel Martinez, who, sadly for most of us, is 
leaving the Senate. Today will be his last day. He had an opportunity 
to address the Senate this morning and give some final thoughts. I 
would like to take a few moments to give my final thoughts about 
Senator Martinez. I expect to see him many times in the future as a 
private citizen, but my thoughts about him and his contribution here 
and his life story.
  Obviously, all of us have a story to tell, the story of a journey to 
this place. But in the case of Senator Martinez, the journey certainly 
has more twists and turns than most.
  Mel Martinez first came to this country when he was 15. A political 
exile, he spoke no English, and did not know when--or if--he would ever 
see his family again. His journey from that point to now is proof of 
the boundless promise that exists in America.
  More than 50 years ago in a small town in Cuba, an 11-year-old Mel 
Martinez comforted his little brother as they lay on the bedroom floor 
while gunfire erupted in the streets. It was Fidel Castro's takeover, 
and life changed very quickly for the Martinez family and every Cuban.
  When Mel's parents overheard Cuban militiamen threatening to kill 
their son for wearing a religious symbol, they had had enough. Through 
a humanitarian effort sponsored by the Catholic Church, Mel was sent to 
America to find a better life.
  Eagerly embracing his adopted hometown of Orlando, Florida, soon Mel 
came to feel part of America. He mastered English and earned both his 
bachelor's and law degrees from Florida State University.
  And four long years after leaving Cuba, he was reunited with his 
parents in Florida after they too escaped Castro's regime--and they 
were so proud to see the brave young man their boy had become.
  Because of this long separation from his parents, I can understand 
now when Mel says it is the tug of family ties that calls him back home 
to Florida. But those of us who had the pleasure of working with him in 
Washington are sorry to see him go.
  In the Senate, Mel made his mark as a leading voice for greater 
democratic freedoms in Cuba. He has fought to strengthen Social 
Security and to eliminate fraud in Medicare and Medicaid.
  He has given hope to millions of families by working to increase 
funding for research to cure Alzheimer's. And he has stood for 
America's defense in a dangerous world, and for the troops that so 
bravely take up the fight to defend us.
  For 3 years as the Secretary of Housing and Urban Development, 
Senator Martinez worked to increase home ownership. After the terrorist 
attacks of 9/11, his agency was charged with directing funds to rebuild 
lower Manhattan. He fulfilled his duties even as he, along with all of 
us, reeled at the senseless deaths of 3,000 innocents.
  And as the cochair of the President's Commission for the Assistance 
to a Free Cuba, he played a leading role in the administration's 
efforts to bring freedom to the land of his birth.
  While in Washington, Mel forged many friendships as well. I first got 
to know Mel during his days as a Cabinet secretary. Elaine and I 
certainly enjoyed the company of Mel and Kitty.
  My wife Elaine and Mel had one thing in common. I used to pose the 
following quiz to people: Who were the only Cabinet Secretaries who 
never missed a State of the Union? As everyone knows, it is typically 
somebody in the line of succession who misses the Cabinet meeting 
because the entire government is up here on one night. Mel and Elaine 
never missed a Cabinet meeting because they were the only two members 
of the Cabinet who were

[[Page 21176]]

not born in the United States and therefore were not eligible to assume 
the Presidency if an emergency required that.
  We came to understand Mel's connection to his adopted hometown of 
Orlando, where for 25 years he worked as a successful lawyer. We 
learned how his election as chairman of Orange County--a job analogous 
to a mayor, and in one of Florida's largest counties--started a second 
career in public service to the country that had given him so much.
  Now Mel will return to Florida, and I don't know what his future may 
hold. But I do know that he'll accomplish anything he sets his mind to. 
The incredible journey he has taken, ever since he flew on a DC-6 from 
Havana to Miami, is proof of that. Mel's life shows us that in America, 
any dream is possible.
  Mel, it has been an honor serving with you, and it has been a 
pleasure for Elaine and I to get to know you and Kitty through the 
years. Whenever you may return to Washington next, please remember you 
will always have plenty of friends in the U.S. Senate.
  Ms. COLLINS. Mr. President, I rise today to bid farewell and to 
express my gratitude to Senator Mel Martinez as he retires from service 
in the U.S. Senate. During his time here, he established an admirable 
reputation for hard work, dedication to his State and our Nation, and a 
commitment to principles.
  I have had the privilege of working with Senator Martinez as a member 
of the Armed Services Committee and its Seapower Subcommittee. In 
addition, we worked together on the Special Committee on Aging, where 
he has served as ranking member.
  Working with Senator Martinez has always been rewarding. This has 
been especially true on the Armed Services Committee, where he brings 
to bear on defense issues both detailed knowledge and long-range 
vision. On the Seapower Subcommittee, he has been a strong ally in 
keeping our Navy pre-eminent and has been a highly effective advocate 
for continuing the DDG-1000 program, the next generation of destroyers.
  Senator Martinez's work on the Special Committee on Aging continued 
his long record of shaping policies important to seniors in Florida and 
throughout America. From local government to his service as Secretary 
of Housing and Urban Development and in the Senate, he has been a 
strong voice for ensuring that all Americans live longer, healthier, 
and more productive lives.
  But the greatest legacy Mel Martinez leaves the Senate is his 
inspiring life story. Born in Cuba, he arrived in America at age 15. He 
earned his undergraduate and law degrees from Florida State University, 
and went on to practice law for 25 years. He demonstrates the highest 
qualities of our nation of immigrants, of the opportunities America 
provides, and of the character and determination of those who come to 
our shores. His desire to continue to work for expanded freedoms to the 
people of Cuba exemplifies his character and principles. I join my 
colleagues in wishing him and his family well, and in looking forward 
to many more contributions to the public good from this man of many 
gifts and accomplishments.
  Mr. McCAIN. Mr. President, today I rise to recognize and thank my 
colleague and friend from Florida, Mel Martinez, for his service to 
this country and to wish him luck in the years to come. I am proud and 
humbled to have had the chance to work with Mel over the last few years 
on some of the most difficult and trying issues of our time and I will 
miss his honesty, heart and dedication when he leaves the Senate this 
week.
  While many of my Senate colleagues are familiar with Mel's inspiring 
personal story I feel that it is important for the American people to 
know that Mel Martinez's life has personified the American dream and 
teaches us what we can all accomplish through hard work, a love of God 
and country and true dedication to a higher cause. Mel came to the U.S. 
in the 1960s as a young Cuban immigrant and became the first Cuban-
American to serve in a Presidential Cabinet, as Secretary of Housing 
and Urban Development, and then the first Cuban-American U.S. Senator.
  As a freshman Senator, Mel didn't shy away from the tough issues--he 
did not sit back and let others tackle the tough, controversial tasks--
he dove in head first. Personally, the most memorable example of Mel's 
courageous work is his support of comprehensive immigration reform.
  The 2006 and 2007 immigration debates were difficult times in the 
U.S. Senate. We had both political parties and an American public 
divided on an issue that I still believe will define the future of our 
country for generations to come. For many, it would have been tempting 
to sit on the sidelines, take the safe votes, keep your head down and 
just wait for this one to pass, but not Mel Martinez. He took his 
strong personal convictions and put them into action. We spent many 
hours together, working in a bipartisan fashion to try to reach an 
agreement that could be acceptable to both sides of the aisle and 
ensure the security of our Nation. Every day, Mel Martinez was in the 
trenches, on the floor, working to improve the bill, working to reach a 
bipartisan compromise and working for a better future for our country 
and our children.
  I also had the pleasure of traveling with Mel to the Republic of 
Georgia where he met with Georgian leaders and spoke openly about the 
importance of United States support for freedom in all countries, both 
those distant and close to our shores. Mel spoke with conviction due to 
his early childhood spent in a country controlled by a repressive 
dictator.
  Many in this Chamber will fondly recall Mel's leadership in the 
Senate and his work for the State of Florida. I will remember my 
friend, his courageous leadership on the tough issues and his 
willingness to put the future of our Nation before his own self 
interest.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The PRESIDING OFFICER. Morning business is closed.

                          ____________________




                      TRAVEL PROMOTION ACT OF 2009

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of S. 1023, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1023) to establish a nonprofit corporation to 
     communicate United States entry policies and otherwise 
     promote leisure, business, and scholarly travel to the United 
     States.

  Pending:

       Reid (for Dorgan/Rockefeller) amendment No. 1347, of a 
     perfecting nature.
       Reid amendment No. 1348 (to amendment No. 1347), to change 
     the enactment date.
       Reid amendment No. 1349 (to the language proposed to be 
     stricken by amendment No. 1347), to change the enactment 
     date.
       Reid amendment No. 1350 (to amendment No. 1349), of a 
     perfecting nature.

  The PRESIDING OFFICER (Mr. Casey). The Senator from North Dakota.
  Mr. DORGAN. Mr. President, this legislation is now in the 30 hours 
postcloture period. We had a cloture vote late yesterday afternoon, and 
I believe the 30 hours postcloture will expire sometime later this 
afternoon, at 4 o'clock or 4:30 or so.
  Let me again explain what we are trying to do in this legislation. 
This is reasonably simple. In all of the partisan dust that is created 
in this country, I think this is one of the few pieces of legislation 
that has broad bipartisan support. We have, I believe, 53 cosponsors 
for this bill--Republicans and Democrats--and the proposition is very 
simple.
  First of all, we have lost a lot of jobs in this country. We are in 
the deepest recession since the Great Depression, and a whole lot of 
folks have lost their jobs. This is a bill to try to create more jobs. 
But it is a bill that especially addresses a problem that has been 
created in the last 8 or 9 years.
  Since the year 2000, here are a couple numbers. Since the year 2000, 
there are

[[Page 21177]]

56 million more people living on this planet who are taking 
international trips. Let me say that again. This is a big planet with 
billions of people living on it. By the way, half of them have never 
made a phone call. Half live on less than $2 a day. But on this big 
planet there are people who travel internationally, and there are 56 
million more international travelers right now than there were 9 years 
ago. But there are 633,000 fewer international travelers visiting the 
United States than visited our country 9 years ago.
  Why is that the case? And why is it important? Well, it is important 
for a number of reasons. It is important because international 
travelers--I am talking about overseas travelers--on average spend 
about $4,500 per person per trip. Their travel supports a lot of jobs 
in the tourism industry. It supports jobs in every State in our 
country. So it is important for that reason--it creates jobs.
  But it is important for another reason as well. When people come here 
from other parts of the world and see America and experience the 
culture and the character of our country, they leave, almost 
inevitably, with a very positive impression of this country of ours.
  So for two reasons this is important. We have fewer international 
visitors--633,000 fewer--per year than we had 9 years ago, even at a 
time when 56 million more people are traveling around the globe for 
overseas visits.
  I described yesterday what other countries are doing. Other countries 
are saying: We understand that international travel and tourism creates 
jobs. So other countries are reaching out with promotions. Japan, 
Italy, France, India, England--you name it--they all have aggressive 
promotions around the world, to say: Come to our country. Come see the 
Eiffel Tower. See the wonders of France. See the beauty of Ireland. 
Come to India and experience the interesting culture of India. All of 
these countries are doing very aggressive international promotion for 
the international traveler, to say: Come to our country.
  Something happened in the year 2001. Obviously, on 9/11 we had a 
terrorist attack--a devastating terrorist attack. As a result of that, 
our country tightened up on visas. We made it more difficult to come to 
our country. At the same time as we tightened up on visas, those who 
did want to come often had to wait for long periods of time, and they 
waited in long lines in order to get a visa. Then with respect to the 
Iraq war and other policies, people became upset with our country. So 
the result has been a substantial decrease in international travelers 
coming to our country.
  The purpose of this legislation is very simple. It is called the 
Travel Promotion Act of 2009, but it establishes a public sector/
private sector partnership to begin promoting international travel 
again to the United States of America.
  This is one of the few pieces of legislation that actually saves the 
government money. The Congressional Budget Office scores it as a $425 
million in reduction in the Federal budget deficit over the coming 10 
years. So this is not something that expands the deficit. This reduces 
the Federal budget deficit--that's No. 1. No. 2, it is bipartisan. A 
fairly large number of Democrats and Republicans have joined together 
to say: We want to do this. The vote on the cloture motion yesterday 
was 80-19. No. 3, organizations such as the U.S. Chamber of Commerce 
and others have weighed in saying this is very important for us to do. 
Other countries are engaged in this kind of promotion for their 
countries and we need to do it for ours.
  So I, along with my colleagues, have authored this legislation. In 
the previous Congress, as chairman of the subcommittee that deals with 
these tourism issues, I authored the legislation. My colleagues, 
Senator Ensign, Senator Klobuchar, Senator Reid, and many others, 
Republicans and Democrats, have joined in the legislation that would 
create an opportunity for this country to compete internationally for 
international tourism and travel.
  Mr. President, we will, I think, for the next 5 or 6 hours, stand at 
parade rest listening to people talk about what they want to talk about 
on the floor of the Senate, and it is a procedure that is a bit 
Byzantine. Most people would not understand the procedure. On something 
as noncontroversial as this, as widely supported by Republicans and 
Democrats, something that actually reduces the Federal budget deficit 
and extends our ability to create jobs in this country, we got 80 
Senators to vote for cloture, which meant we had to file a cloture 
motion. That meant 2 days intervened because it takes 2 days to have a 
cloture motion ripen. Then we got cloture with 80 votes. Now we stand 
at parade rest until sometime around 4:30 this afternoon because 30 
hours--if the minority insists--30 hours has to expire. At the end of 
30 hours postcloture, then we will, presumably, have a vote on the 
legislation.
  I am pleased to work with my colleagues, Republicans and Democrats. 
This legislation is the right thing to do right now. At a time when 
this is an increasingly smaller planet, an increasingly smaller world 
in which we live, I think it is important for our country to reach out 
to the rest of the world. Doing so is in our self-interest because it 
creates jobs and expands our economy. But it is also in our self-
interest because what we have created in this country is quite 
extraordinary.
  This is not a circumstance where we would promote travel to America 
for one destination. It is travel to America to see all of this great 
country in its grandeur. There is so much to see and experience here, 
and we know from polls that have been done with international travelers 
that when people come to this country and travel here and experience 
what exists in our country and understand the character and the culture 
of our country, they leave with an unbelievably positive attitude about 
the United States. That is an awfully good thing, it seems to me.
  So, again, this is a bipartisan bill that will save the Federal 
Government money; reduce the Federal budget deficit; combine the best 
ideas of Republicans and Democrats; and had 80 votes for cloture. I 
hope we have at least that on final passage. And perhaps we will start 
off this work period of September and October on a pretty positive 
note, stepping forward together to say, Let's do something that 
strengthens our country.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. KYL. Mr. President, the United States is a very popular tourist 
destination. According to the Department of Commerce, foreign travel 
here reached record highs in the year 2008--an increase of 16 percent 
over the previous record set in 2007. So our tourism industry is 
booming. People from all over the world want to visit our cities and 
see our sights. Almost every State and community has tourism promotion 
programs that are very robust which help to accommodate that desire for 
foreign travelers to come here. So I am a bit baffled by the 
legislation that is pending before us.
  The Tourism Protection Act, in my view, is both unnecessary and the 
wrong approach to attracting visitors from abroad. The bill would 
create yet another government-affiliated office of tourism. Why do we 
need that? The Department of Commerce already has a tourism office and 
private sector businesses and other entities already have the 
demonstrated capability to promote tourism. According to the companies 
and lobbyists who are pushing this bill, they already are. So why spend 
almost $100 million a year for a new and unnecessary Federal entity to 
market and research travel and tourism? Research tourism? What is there 
to research? I wonder if this is one of the reasons why the American 
people have a lot of questions about the capability of their 
representatives here in Washington to do the right thing.
  The bill would impose a new $10 fee on foreign visitors. Now there is 
a way to attract more visitors: Charge them for coming here. Maybe we 
need that research after all. Of course, imposing a new user fee or tax 
on nearly every foreign visitor is hardly a route to promoting new 
tourism. Obviously, we

[[Page 21178]]

should avoid creating impediments to tourism if your first goal is to 
attract more tourists. The tax actually could hinder visits by 
families. For those families who do visit, every dollar they have to 
spend paying the Federal Government is one less dollar they can spend 
on American businesses, on our local communities, on the restaurants 
and shops and hotels and cab rides, and so on. The $10 fee may not 
sound like much, but for a family of five, that is fifty bucks to 
promote tourism.
  We all agree that tourism boosts our economy in numerous ways and is 
vital to our economic recovery. Nobody has to lecture me about tourism. 
My State of Arizona relies a great deal on tourism for our economy, and 
it is a wonderful destination place for folks to visit. I don't think 
we need--the Federal Government--to take another bite out of our 
tourism dollars.
  I am also concerned about the inevitable retaliatory effect of this 
legislation. Senator DeMint wrote an op-ed in the Washington Post on 
Monday and pointed out that the European Union and other governments 
have said that if we impose a tax on foreign visitors, they will follow 
suit and impose a reciprocal tax on American visitors to their 
countries. That is not a very good idea either, is it? Do we want to 
pass legislation that will lead to new travel fees on Americans?
  Instead of creating an additional government tourism office, I think 
we should work to fund the actual Federal responsibilities we have that 
relate to visitors coming to our country such as upgrading or adding 
infrastructure at our ports and making visa service improvements. There 
are always improvements we can make in this regard. The easier we can 
make it for tourists to come here, the more likely they will come.
  So if we want to spend $100 million, for example, to make it more 
attractive for tourists to enter the United States, there are plenty of 
ways to do it that relate directly to our responsibilities. We don't 
have to create another redundant office of tourism and charge the 
tourists to fund it.
  At a time when much of the world is experiencing economic hardship, 
we should support policies that make tourism in the United States more 
attractive, not more costly. That is why I believe this legislation is 
misguided, unnecessary and, in the end, harmful.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, perhaps while my colleague is on the 
floor, I think it would be useful to at least discuss a couple of 
things that are apparently in disagreement.
  The issue of a $10 fee that could be used in a public and private 
sector partnership, again, supported by the Chamber of Commerce and all 
of the organizations that want to support this country as a destination 
for international tourism--let me put on the board a chart that shows 
the fees our U.S. travelers currently pay to visit the visa waiver 
countries. They charge us fees. We are talking about a $10 fee to 
people from these countries--$10. Here is what we are charged if we go 
to France: a $51 fee, Americans going to France. We don't propose that 
here. We can see that in Spain, $14; the Czech Republic, $27. They are 
going to retaliate? They already charge the American traveler a fee 
when we come and go, and we are talking about a $10 fee that would 
allow our country to promote our country as a destination just as their 
countries are doing. We are not even in the competition.
  The thing I wanted to ask my colleague about is, he talked about 
international tourism. I wonder if we disagree on this: There is a very 
big difference between the classification of international tourists and 
overseas travelers, travelers from foreign countries abroad. 
International tourists include Mexico and Canada--and by the way, the 
research that the Senator seems to diminish tells us a lot about this 
information. On average, a visitor from Mexico and Canada to the United 
States on a trip is going to spend around $900. On average, a visitor 
to this country from a foreign country overseas is going to spend about 
$4,500, a pretty big difference in terms of visiting Arizona or North 
Dakota and spending that kind of money.
  But I wonder if we have a disagreement with this: All of the data 
tells us that in the last 9 years, global travel has increased by 56 
million more people moving around the globe doing international tourism 
travel, and that during the same time, the United States has actually 
had 633,000 fewer overseas visitors than 9 years ago. Do we disagree on 
that? Because my colleague from Arizona seemed to suggest that 
everything is at a record high. That is not the case. It is not the 
case. Overseas travel from people coming to this country is down. It is 
down at a time when overseas travel is booming all around the rest of 
the world and we have over a half a million people a year fewer coming 
to this country. Do we disagree on that?
  Mr. KYL. Mr. President, I say to my colleague two things. First, the 
statistics I quoted were for the last 2 years, 2007 and 2008. I don't 
have the statistics for I believe he said 10 years ago.
  Mr. DORGAN. I am also talking about a different classification. I am 
talking about overseas travel. The statistics my colleague quoted I 
believe are statistics that include Mexican and Canadian travel to the 
United States. Obviously those are contiguous countries. We have a lot 
of people moving in and out. But I am talking about overseas travel. 
The official numbers on overseas travel I believe are that we have 
633,000 fewer people coming to this country from overseas for tourism 
than existed 9 years ago. Do you subscribe to that?
  Mr. KYL. Mr. President, I say to my colleague I was not specifically 
referring to Canada and Mexico. I didn't even mention those two 
countries by name. I would be happy to get the source of the 
statistical information I presented, provide that to my colleague so we 
can make a comparison.
  The other point I would make with regard to fees, I am not doing 
anything except reporting the news, which is that countries abroad say 
if we propose this fee, they will reciprocate. The fact that some of 
them already impose a fee may mean they are going to increase their 
fee, and that is obviously not a good thing. It seems to me any fee 
that any of the countries imposes gets us into a little bit of a 
bidding war. Are we going to try to attract tourism from other 
countries by raising fees on the tourists who come here? I don't think 
that is a very good policy. If those countries want to have a fee, I 
don't think it is very smart for them to have it, but I can't affect 
that, except by trying to ensure that they don't have a reason to 
reciprocate against the United States if we impose a fee.
  Mr. DORGAN. Mr. President, I would simply say, it is not a matter of 
reciprocating against us; they already impose these fees on American 
travelers. Our determination to impose a minor fee--$10 for an 
international traveler from a visa waiver country when they use the 
ESTA system once every two years, not every visit--it seems to me to 
suggest is much less than other countries charge US travelers. And the 
Senator described an op-ed piece by my colleague Senator DeMint which, 
in my judgment, is full of misinformation, full of it.
  By the way, I am sending the Washington Post a response to it today. 
But, look: International travel. My friend from Arizona talked about 
research. The Commerce Department research shows that in the first 
quarter of this year, there was a 10-percent decrease in international 
travel to this country. That is the official data from the Commerce 
Department. So it is not the case that tourism is at a record high, 
that we are setting all of these records; and it is the case, in my 
judgment, based on empirical data and research, that we have far fewer 
overseas visitors coming to this country now than we did 9 years ago.
  I am telling my colleague something that relates, in my judgment, to 
substantial lost opportunity for a number of reasons: jobs we should 
have that we don't have; and second, an awfully good impression about 
this great country of ours by people who come here and visit it.
  I think my colleague will agree with me that post 9/11, there were a 
lot of

[[Page 21179]]

things done that suggested to people around the world that it is going 
to take you a while to get to the United States because you are not 
very welcome there. It is going to take a long time to get a visa. You 
are going to wait a long time.
  By the way, I have something I wanted to show my colleague. This is 
all 2008 material, by the way, but there were headlines such as these: 
The Sydney Morning Herald, Sydney, Australia: ``Coming to America Isn't 
Easy.'' The Guardian, United Kingdom: ``America: More Hassle Than It's 
Worth?'' The Sunday Times in London: ``Travel to America? No Thanks.''
  There is something missing here that we ought to be concerned about 
because my friend from Arizona represents a State that has a lot of 
tourism and a lot of jobs related to tourism. Virtually every State in 
this country will benefit from being able to promote America's grandeur 
and opportunity for people to come here and travel here, and we are not 
even in the game.
  Mr. KYL. Mr. President, if I could interrupt my colleague for 1 
moment to make a quick point and then I will have to leave the floor. I 
think the headlines my colleague reads are an important part of this 
debate. That is why I made the point that if we are going to 
concentrate on trying to attract more people to our shores, there are a 
lot of things we can do to take the hassle out of traveling that do 
directly relate to our responsibilities at our ports of entry, our visa 
system, and other things we can do to take that hassle out of traveling 
to the United States that are our responsibility and that we should do. 
I would put those responsibilities ahead of fancy brochures and 
advertising campaigns to try to tell people it could be nice to come to 
the United States when there are other ways we can make our shores more 
attractive to them.
  So as I promised my colleague, I will get the source of the 
information I quoted with regard to the statistical information 
demonstrating more travel in the last few years and then we can have a 
further conversation about that.
  Mr. DORGAN. Mr. President, I respect my colleague's views. I would 
only say this: The evidence is clear and it is not debatable that fewer 
people are coming to this country from overseas than did 9 years ago. 
In my judgment, we ought to be concerned about that and do something 
about that by encouraging them. Yes, let's deal with the wait times on 
visas. We are working on that and we have made some progress on that. 
But it is also the case that if while India and France and Japan and 
China and others are engaged in very substantial promotional campaigns 
that say ``come to our country; come and see what we have,'' and if 
while they are doing that with aggressive promotion we are sitting back 
and saying, ``Well, we are not going to say anything much; we don't 
have a promotional campaign encouraging people to come to America,'' in 
my judgment, we lose that opportunity.
  Advertising works; I don't care whether it is a television commercial 
or a promotion. All I am saying is don't diminish that, because 
promoting travel to the United States can work, but deciding we are not 
going to promote anything I know does not work. In fact, in this past 
decade, we have been in a circumstance where after 9/11, it was pretty 
clear that we were going to make it much more difficult for people to 
come to this country, and did. Then we went through a period of the 
Iraq war and other things when a lot of people were pretty upset, so we 
saw a very substantial reduction in the amount of tourism coming to 
this country from overseas.
  Again, I am knowledgeable about the op-ed piece that was written in 
the Washington Post described by my colleague.
  I am just telling you that there will be a response to that because 
much of that had no basis in fact. So all I hope is that the 80 
Senators who supported this yesterday will continue to support the 
notion of creating jobs in this country, on a bipartisan basis, with a 
piece of legislation that actually reduces the Federal budget deficit. 
What a novel thing that is.
  Again, I have respect for those who disagree, but I don't want there 
to be disagreement about the facts. We do research in the Commerce 
Department on who is coming to our country and how many. That is 
valuable research. Let's take advantage of that and understand what it 
says.
  Overseas travel across the planet is up, up, up, way up, and to this 
country, it is down. There is something wrong with that, something 
unhealthy about it. We can change that. That is what this legislation 
is. It is an attempt to change it.
  Let me quote Mark Twain. I probably should do this every time I speak 
on the floor because I am always trying to sell something. In this 
case, it is bipartisan legislation that I think advantages this 
country.
  I will say this again. Mark Twain was asked once if he would engage 
in a debate being scheduled. He answered, ``Yes, as long as I can take 
the negative side.'' When asked why would he take the negative side 
when he didn't even know the subject matter, he said, ``The negative 
side will take no preparation.''
  I understand it is easier to write a big-old op-ed whacking away at 
things than it is to construct something that has merit and will 
advance this country's interests. I believe this bill has merit, and so 
do the 79 other Senators who supported this legislation yesterday. 
Later this afternoon, I look forward to passing this legislation 
through the full Senate.
  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. BURRIS. 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. BURRIS. Mr. President, I wish to speak on the issue of travel 
that is before the Senate this morning.
  We live in a world divided. International tension, mistrust, even 
wars too often separate nation from nation. But every 2 years, 10,000 
athletes from more than 200 countries come together to celebrate the 
human spirit. They meet in competition, arriving on the world stage 
from all five inhabited continents.
  Each of these five continents is represented by a single color 
circle, a ring entwined with four others to form the familiar symbol 
worn by every Olympic athlete.
  The Olympic and Paralympic Games are a powerful force for world unity 
and a boon to any city that hosts them. In 2016, the summer games will 
bring millions of dollars and international spotlight to one of four 
world cities. Selected by the U.S. Olympic Committee from a broad field 
of candidate cities, Chicago is one of only four finalists for the 2016 
Olympics, along with Madrid, Rio de Janeiro, and Tokyo. The 
International Olympic Committee will make their final selection in 
October. That is in the coming month. We must work hard to bring the 
Olympics back to the United States of America.
  There is no greater honor than representing your country on the world 
stage. I am convinced there is no greater world city than Chicago.
  As President Obama and I both can attest, Chicago is a diverse and 
inclusive city. Situated on the banks of beautiful Lake Michigan, it is 
the jewel of the Midwest. Chicago has always been a global leader in 
culture, architecture, commerce, sports, and even cuisine, if you like 
a good meal.
  The Olympic spirit is alive and well in Chicago. The Chicago 2016 
Committee recognized the importance of the games and renewing old 
friendships around the world, as well as establishing new ones. This 
ideal--and the value of ``friendship through sport''--is at the heart 
of the city's Olympic bid. It is a beautiful city, and I am proud to 
call it home. It showcases much of what makes this country so great. 
That is why it is an ideal site for the Olympic and Paralympic Games.
  For athletes, world-class training facilities and event locations 
would be very close together, allowing for convenience and ease.

[[Page 21180]]

  For visitors, outstanding public transportation and modern 
infrastructure would make all events readily accessible and easy to 
attend.
  For residents of the city and people across the United States, 
Chicago would shine on the world stage and millions of dollars would 
pour in from across the globe.
  Especially if we pass S. 1023, promoting travel to the United States 
and relaying better information to visitors, Chicago will be the clear 
choice of the International Olympic Committee in October.
  This important legislation, known as the Travel Promotion Act of 
2009, would create a not-for-profit corporation, as well as a 
government Office of Travel Promotion. These organizations would work 
together to encourage business, leisure, and scholarly travel to the 
United States, restoring important components of our struggling 
economy.
  Travel and tourism, which generates as much as $1.3 trillion in the 
United States every year, have been on the decline since 2001, although 
those same industries have grown in many other countries. We must act 
swiftly to protect the 8.3 million American jobs that are directly 
related to travel and tourism. This means welcoming more overseas 
visitors each year--visitors who already pour $142 billion into the 
United States on an annual basis. An increase in international tourism 
would increase the profile of Chicago's Olympic bid.
  The 2016 Olympics, in turn, would generate even more international 
tourism in Illinois and across the country. S. 1023 would help this 
massive influx of visitors travel to the United States with ease. This 
would create jobs, increase tax revenue, and build stronger 
relationships across the globe.
  There are few international spectacles as singular and as inspiring 
as the Olympic and Paralympic Games. There are very few of those. A 
force for unity in a world divided, these competitions have the power 
to bring us together as one people, celebrating the human spirit with 
one voice.
  I urge my colleagues to join Senator Dorgan and Senator Ensign in 
supporting S. 1023. I thank Leader Reid for his leadership on this 
important issue.
  This legislation would help to bring visitors from all over the world 
to the United States, and it would help bring the 2016 Olympic games to 
Chicago, IL.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ENSIGN. 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. ENSIGN. Mr. President, I rise today to talk about the bill 
Senator Dorgan and I have sponsored, the Travel Promotion Act of 2009, 
an important piece of legislation to create jobs in the United States.
  My home State of Nevada is No. 2 now in unemployment. Clark County, 
which is where Las Vegas is located, has one of the highest 
unemployment rates of any county in the United States, over 14 percent 
now.
  Jobs are something we desperately need in my home State of Nevada and 
obviously across the United States. Tourism, when you package it all 
together, is the No. 1 industry in the United States. We are one of the 
countries in the world that does not sell itself to the rest of the 
world for people to come. It seems to make sense to me that if a 
company advertises to bring people in, if convention authorities around 
this country advertise for people to come in, it would make sense for 
the United States of America, as a country, to advertise to bring 
people to the United States. As a benefit to that, everywhere in the 
United States can benefit.
  If we are advertising to come see Yosemite or the Grand Canyon or the 
incredible beaches we have on our east and west coasts, or the 
incredible changes we see in the Northeast, or places such as Lake 
Tahoe in my home State that we share with California, or Hawaii or the 
vastness of Alaska, wherever we are advertising, the incredible cities 
we have such as New York, Las Vegas, with culture, cuisine, and 
entertainment, or the history we have in Washington, DC, or the 
fabulous places in cities such as Chicago, when we advertise those 
cities, if somebody comes from overseas to visit the United States, 
there are many other places they will visit along the way within the 
United States. It will not be just one location where foreign travelers 
will come here to visit. There will be a ripple effect.
  For instance, if you are visiting the Grand Canyon, my home city of 
Las Vegas is the gateway to the Grand Canyon. Even though it is located 
in Arizona, most people go through the Grand Canyon to go to Las Vegas. 
If you go to Yosemite, you can go through San Francisco and the whole 
wine country and take a trip up through there.
  The one thing we know about overseas travelers is when they come to 
the United States, they spend about $4,500. Mr. President, $4,500 is a 
lot of money to kick into our economy. That money creates jobs. Those 
jobs that are created have a ripple effect with other jobs being 
created. Somebody who is employed in the tourism industry, whether it 
is a theme park, a restaurant, or a hotel, has to buy other products. 
They have to visit the dentist. A lot of them have animals and visit 
their local veterinarians. They buy houses which supports the 
construction industry. There are ripple effects. So when we are 
creating a job in the tourism industry, we are creating other jobs 
outside the tourism industry.
  The nice thing about the Travel Promotion Act Senator Dorgan and I 
have proposed is that this bill will create jobs without adding to the 
deficit. In fact, it will raise money for the Treasury. It will 
actually have a positive effect on the deficit. Of the concerns I heard 
when I was home over August, that is one of the biggest concerns people 
have--the amount of government spending.
  The way we do this is two things are taken into account. Right now 
countries that have a visa waiver program, we will charge those 
visitors, instead of $131 that it takes on average to have a visa, we 
are only going to charge them $10. But that $10 fee will go into paying 
for this Travel Promotion Act for us to be able to advertize. That 
money will be matched by the private sector. This will be run by the 
private sector, not by the government. So we will have experts who 
understand marketing who will be able to sell our country.
  Mr. President, this is a job-producing bill. It is going to be 
something that benefits all across America, and it is going to do it 
without hurting the deficit. It is exactly the kind of legislation we 
need right now. Oh, by the way, Americans are calling for us to be 
bipartisan, and this is a bipartisan bill.
  Senator Dorgan and I and many other people have worked on this 
legislation. I thank the majority leader, Senator Reid, from my home 
State, for bringing this legislation to the floor and really pushing 
for it. Obviously, it is important to our State because we have a 
tourism-driven economy in our State, but it is important to the entire 
country. It is not just a Nevada-specific bill; this is important to 
the entire country.
  I have a few charts here to show some of what we have seen from other 
countries.
  After 9/11, we made some changes in our immigration laws and things 
like that, and these are some of the headlines from around the world. 
This one says: ``Coming to America isn't easy.'' Another one: 
``America--more hassle than it's worth?'' In London: ``Travel to 
America? No thanks.'' There is a perception out there that folks aren't 
welcome from overseas ever since 9/11. Part of the money that is going 
to be spent in this bill is going to say that America has the welcome 
mat out. We want folks to come and experience America. We want not only 
their tourist dollars, but we want them to come to experience America 
because we know from studies that anyone who comes to America has a 
more positive view of America, and America needs

[[Page 21181]]

friends in the world today. We need more people thinking good things 
about America instead of bad things. Instead of those who want to 
create harm, we want to create good will, and the more visitors we get 
coming to the United States, the more good will we can create in the 
world.
  What this next chart shows is that there have been 58 million new 
visitors--international or overseas travelers. Unfortunately, we 
haven't gotten our share of those since the year 2000. That means there 
was $182 billion in lost visitor spending and almost $30 billion in tax 
revenues for the United States. That is not local tax revenue, that is 
just Federal tax revenues. Almost 250,000 fewer jobs have been created 
because we lost these visitors. So there is a travel gap between 2001 
and 2008. This is the actual arrivals. This is what would have happened 
if we could have captured a small percentage of the new international 
travelers who are out there.
  Some have argued that the European Union will counter if we put a fee 
on travelers coming to the United States, that they will put a fee on 
folks going to their countries. Well, guess what, they already have 
those fees, as a matter of fact, everything from the Czech Republic 
charging $27, to Denmark, $61, up to the UK charging $100.
  By the way, this is the amount of money they spend on advertising in 
their countries--anywhere from $8 million to $89 million--and they get 
a return on their investment. They get a return because they know if 
they advertise folks will actually come.
  Folks have talked about this being a cost to the government. There is 
no cost to this bill. It actually raises money. It actually is not a 
cost to the taxpayer. There is $425 million in deficit reduction over 
the next 10 years, with as much as $4 billion minimum in new economic 
stimulus per year. Next, there is $321 million in new Federal tax 
revenue per year and about 40,000 new U.S. jobs in the first year 
alone. Those are jobs we can definitely use in the United States.
  This chart shows the return on investment. Entry/departure fee from 
Spain, $14. They spent $120 million in 2005. They had an increase in 
international arrivals by 20 percent going into their country. The UK 
spent $90 million and had an increase of 26 percent. You can see down 
the line that there is a return on investment. That is what we are 
saying here in using a public-private partnership. Let's have a return. 
Let's actually attract people to the United States.
  I would make the argument that the United States has more incredible 
places to see than any other country in the world. We have a great 
product to sell, we just have to sell it. We actually have to tell 
people why to come to the United States, show them the incredible 
places.
  These are just a few of the ads we have seen around the world.
  This is one from India. ``One special reason to visit India in 
2009,'' it says. ``Any time is a good time to visit the Land of Taj, 
but there is no time like now.''
  This is one of the many from Australia. I think all of us have seen 
ads about Australia. ``Arrived with a thousand things on our minds; 
departed without a care in the world.'' Another from Australia which 
obviously features the great diving they have. Just the visual image 
makes you say: I think I would like to go there. I think I would like 
to experience that on my next vacation.
  This is Ireland, a nice simple map of Ireland talking about all the 
various things they have, from golf and the St. Patrick's center to 
other places to visit in Ireland. It gives a nice visual image.
  Well, there are not only brochures but television advertising, the 
Internet, and all kinds of ways to get into a person's mind about why 
they would want to come and visit someplace, and all we are saying is 
we need to do this for the United States. There are so many incredible 
places we have here to visit that selling is not going to be the 
problem, it is just going to be making the effort.
  So, Mr. President, I believe this is legislation that is worth doing. 
Some folks have come down here to say we don't need to do this because 
we already have a lot of travelers coming to the United States as it 
is. International travel to the United States, they say, is up. Well, 
the problem is, when you measure international travel coming from 
Mexico and Canada, that may be up, but they only spend about $900 each 
visit when they come here. Overseas travelers spend about $4,500 each 
visit when they come here, and that travel is down in the United 
States. It is down significantly compared to the rest of the world. So 
this is legislation that we need to go after those overseas travelers 
who have money to spend. This is something that can benefit States all 
across America. It will benefit the Federal Treasury, and it will 
create jobs.
  There are a lot of good things about this legislation, and I think 
that is why you will see a good, strong bipartisan vote when the final 
vote tally is taken about 4:30 today.
  So I would encourage people to take a good, hard look at this. At a 
time when we need jobs--jobs, jobs, jobs--this is a bill that can help 
deliver some of those jobs.

                          ____________________




                                 RECESS

  Mr. ENSIGN. Mr. President, I ask unanimous consent that we recess 
until 2:15 p.m. as under the previous order.
  The PRESIDING OFFICER. Under the previous order, the Senate stands in 
recess until 2:15 p.m.
  Thereupon, the Senate, at 12:24 p.m., recessed until 2:15 p.m. and 
reassembled when called to order by the Presiding Officer (Mr. Cardin).
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. PRYOR. 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. COBURN. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Oklahoma is recognized.

                          ____________________




                TRAVEL PROMOTIONS ACT OF 2009--Continued

  Mr. COBURN. Mr. President, we are going through a travel and tourism 
bill. I know my leader is coming to say some words on the Senate floor, 
but I had a couple questions the authors of the bill have not answered 
satisfactorily. One is they create a new corporation for travel 
promotion and they create a new travel and advisory board, but there is 
already a travel and advisory board within the Commerce Department. 
There is nothing in this bill that eliminates this duplicative function 
that is already there. If, in fact, the intent of the bill is to 
promote, as they say it is, travel and tourism, one of the things we do 
not want to do is have duplicative agencies doing exactly the same 
thing, wasting the taxpayers' money. It is about $67 million that will 
go down the drain if, in fact, we do not eliminate the duplicative 
section of this bill.
  The second point I would make is you are going to spend $12 million a 
year just on this one advisory board. The third point I will make 
refers to a letter from the European Union noticing that the visa fees 
we plan on placing with this bill will cause a negative reaction from 
them and a reciprocal institution of visa fees through the European 
Union.
  I make those points and hope the authors of the bill will answer, for 
the American people, the $67 million waste in this bill that is going 
to occur if they do not eliminate programs that are already out there 
for which they are creating duplicate agencies.
  I yield the floor and ask unanimous consent to have the letter 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                                    June 18, 2009.
     Hon. Hillary Rodham Clinton,
     Secretary of State, Department of State, Washington, DC.
       Dear Madam Secretary, As you are most certainly aware, the 
     U.S. Travel Promotion Act is currently under consideration in 
     Congress (S.1023). On 16 June 2009, the Senate

[[Page 21182]]

     voted 90:3 for the bill to proceed and a final vote is 
     expected any day now. If this bill were to enter into force, 
     DHS would be required to ask travellers to the U.S. upon 
     their application for an Electronic (System for) Travel 
     Authorization (ESTA) to pay at least $10 which would be used 
     to finance a Travel Promotion Fund as well as the operational 
     costs of ESTA.
       We are concerned that this draft legislation is not 
     compatible with our common goal to facilitate transatlantic 
     trade and travel. We believe it would constitute a step 
     backwards in our joint endeavour to ease transatlantic 
     mobility. This fee is likely to discourage the use of ESTA 
     well in advance of travel, thereby undermining the security 
     objectives of the system. Moreover, it risks being perceived 
     as a visa fee in disguise and would lead to calls for the 
     European Commission to re-examine the issue of whether the 
     ESTA is tantamount to a visa or not, with potentially 
     negative implications on reciprocal visa-free travel between 
     the EU and the U.S. Besides, taxing foreign travellers to 
     promote tourism seems peculiar and public perceptions might 
     lead to less, not more travel to the U.S.
       We understand that the Administration also has concerns 
     with this bill. We would therefore urge you to make your 
     formal position known to Congress, so as to avoid the passing 
     of legislation which may unnecessarily deter legitimate 
     transatlantic travel for business and tourism.
       We thank you for your consideration and look forward to 
     further strengthening transatlantic relations in the years to 
     come.
           Sincerely,
     Petr Kolar,
       Ambassador, Czech Republic.
     John Bruton,
       Ambassador, European Commission.
     Pontus F Jarborg,
       Charge d'Affaires a.i., Sweden.

  Mr. COBURN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. Will the Senator withhold his suggestion?
  Mr. COBURN. I will.
  The PRESIDING OFFICER. The Republican leader is recognized.

                          ____________________




                          PRESIDENTIAL ADDRESS

  Mr. McCONNELL. Mr. President, as we all know, the President will be 
here tonight, and he will get a warm reception, as Presidents always do 
when they address the Nation from the Capitol. It is a short trip from 
1600 Pennsylvania Avenue, but it is always meaningful whenever a 
President from either political party speaks to a joint session. So we 
welcome him.
  He picked a good topic. Americans are extremely skeptical about the 
health care proposals the administration and Democrats in Congress have 
been talking about over the past several months. And they are 
understandably baffled by some of the arguments that have been used to 
promote them.
  Americans don't understand how a massive expansion of government will 
lower costs, as the administration claims. They don't understand how 
$500 billion in cuts to Medicare won't affect the millions of seniors 
who depend on it. Americans don't understand how they'll be able to 
keep the health plans they have if government is allowed to undermine 
the private market. And they don't understand why the administration 
doesn't seem to be listening to these and many other concerns.
  Americans want specifics. They want solid assurances about what 
health care reform would mean for themselves and for their families 
and, just as importantly, what it won't mean. Americans have been clear 
about what they don't want to see in health care reform. Now they want 
the administration to be clear with them.
  One thing that is already apparent in this debate is that the problem 
isn't the administration's sales pitch. The problem is what they are 
selling. Americans are rightly concerned about a rush to hike taxes on 
small businesses, cut seniors' Medicare benefits, and add trillions of 
dollars in more government spending and debt. For months, the President 
and Democrats in Congress have been describing their plans for reform. 
The status quo is unacceptable. But if August showed us anything, it is 
that so are the alternatives that the administration and Democrats in 
Congress have proposed.
  Tonight, the President has an opportunity to reframe the debate, but 
only if he recognizes that the Democrats' original plan for health care 
reform doesn't wash with the American people. When it comes to health 
care, Americans don't want government to tear down the house we have. 
They want it to repair the one we have. That means sensible, step-by-
step reforms, not more trillion dollar grand schemes. It means 
preserving what people like about our health care system, not 
destroying it all at once or starving it over time.
  A government takeover on the installment plan--or a ``trigger'' as 
some are calling it--is still a government takeover. It is a bad idea 
now. It will be a bad idea whenever the trigger kicks in. Proponents of 
a trigger say that it might not be needed. But you can be sure of this: 
if Democrats are in charge, they will pull the trigger at some point. 
Let's be honest. Letting Democrats decide whether to pull the trigger 
on government-run health care is like asking the pitcher, not the 
umpire, to call the balls and strikes.
  Proponents of a trigger also say that Republicans approved one for 
the Medicare drug benefit. What they don't say is that ours was 
designed to ensure competition, not to stifle it. That trigger would 
have prohibited the government from being a fallback plan. This trigger 
would make the government the regulator, the payer, and a competitor, 
and put the taxpayer on the hook for its cost. Don't be fooled: 
proponents of government-run health care realized last month that 
``government plan'' had become a dirty word, so they latched onto a new 
way to describe the same thing: a trigger. Americans aren't confused by 
the Democrats' reform proposal. They are not asking for a new sales 
pitch. How many ways do they need to say it: Americans oppose a 
government takeover of health care, regardless of what it is called.
  Over the past several weeks, I have visited with doctors, nurses, 
seniors, hospital workers, small businessmen and women, and countless 
others citizens across Kentucky and throughout the country--none of 
whom would call our current health care system perfect. But all of them 
are worried about so-called reforms that would undermine the things 
they like about the American health care system.
  People are concerned about a proposal that would raid Medicare rather 
than strengthening and preserving it. Most of the Democratic proposals 
we have seen would increase taxes on small businesses. People don't 
understand why the administration would even entertain the idea of 
raising taxes on the businesses that create jobs in a country that has 
already lost millions of jobs since January.
  Every Democratic proposal we have seen expands Medicaid, a program 
that is administered by the Federal Government but largely paid for by 
the States. Republican and Democratic Governors cannot believe the 
administration is proposing a massive new expenditure at a moment when 
many of these States cannot even pay the bills they already have.
  Many of these States are struggling just to survive in the current 
economy, and yet Democratic lawmakers in Washington want to spend 
billions to expand Medicaid and then send the bill to the States. No 
wonder so many Americans think lawmakers in Washington are totally and 
completely out of touch.
  Most States are constitutionally required to have a balanced budget. 
This means if the Federal Government forces them to increase spending 
on Medicaid, they will have no choice but to either cut services or 
raise taxes. That means Americans would be hit twice, first by the 
taxes on small business, then by the higher taxes from State 
government, all from massive overhauls they do not want.
  People do not want risky, sweeping changes that increase the national 
debt and do not solve the problems we have. That is why I have been 
calling instead for commonsense reforms that build on the current 
system, for things such as ending junk lawsuits on doctors and 
hospitals that drive up health care costs, lowering the costs for 
individual consumers by equalizing the tax treatment for individuals 
and businesses, and incentivizing healthy living to prevent diseases 
and to treat problems early.

[[Page 21183]]

  For years, Republicans have sought reforms that would increase access 
to care, reforms that had the strong support of the American people, 
whether it was proposing to let small businesses pool their resources 
together to get the same competitive rates as big businesses or by 
establishing health savings accounts that give people greater control 
over their care and their dollars. For years, we have pushed for 
medical liability reform and called on Congress to strengthen Medicare 
and Medicaid by fixing these necessary but financially strapped 
programs.
  Most Democrats have resisted most of these incremental changes, 
hoping the day would come when they could create a whole new dramatic 
scheme from the ground up under government control. This summer they 
actually tried to do that, and the American people told them to try 
again. Their message has been loud and it has been clear: No more 
spending money we do not have on programs we do not need. No more debt. 
No more government expansion. And no government takeover of health 
care.
  Americans do not want us to walk off the field. They want us to 
recommit ourselves to the reforms they want. If Democrats agree, we 
will be their partners. If they resist the pleas of the American people 
to start over, we will not. All of us have heard a lot from the 
American people last month. Now is the time to show we were listening.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  Mr. MARTINEZ. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Florida is recognized.

                          ____________________




                TRAVEL PROMOTION ACT OF 2009--Continued

  Mr. MARTINEZ. I feel appreciative for all of the kind comments on the 
floor today, especially the latest from the Republican leader.
  I want to take a moment to speak about the item we will be voting on 
this afternoon. It may be my last vote, and one which is an issue I 
have been working on since I was mayor in Orange County, FL, a tourism 
destination in this tourism and travel promotion bill.
  Florida is a global tourist destination, as we all know, and tourism 
in Florida has suffered as so many other sectors of our economy have, 
including a 10-percent drop in the first quarter of 2009 in travelers 
to Florida.
  Florida continues to have 10.7 percent unemployment. Tourism bookings 
at places such as Walt Disney World are down 7 percent over the last 
year, all of which suggests that in order for us to move beyond this 
recessionary period and the 10.7 unemployment we see in Florida, it is 
incumbent upon us to do two things: No. 1 is quit blacklisting 
destinations such as Florida, Orlando, Miami, Las Vegas, by the 
government and others. It ought to be okay to travel to these great 
destinations.
  But the second would be to move and pass this travel and tourism 
bill, the Trade Promotion Act, which would establish an independent 
nonprofit corporation for U.S. travel promotion, governed by an 11-
member board of individuals appointed by the Secretary of Commerce.
  It would be funded not by taxpayers but instead through the user fees 
paid by foreign tourists and in-kind contributions by corporate 
partners. It is something that is absolutely needed. Foreign tourism is 
a huge source of revenues to States such as Florida and the leader's 
State of Nevada. It is something that I think is long overdue. So 
passing this bill today will be a great accomplishment for our Nation, 
and it will be a tremendous boon to a tourism economy that is reeling 
in these recessionary times. It will make me awfully happy that this 
will be something I can sort of button up my Senate career with, a good 
bill for Florida and a good bill for the people of Florida today 
unemployed in the tourism industry.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.

                          ____________________




                    TRIBUTE TO SENATOR MEL MARTINEZ

  Mr. REID. Before my friend leaves the floor, I was planning to come 
later with some prepared remarks, but let me speak from my heart about 
the Senator from Florida.
  I have some affinity for the Senator from Florida because we were 
both trial lawyers. We have been to court, we have voir dired juries, 
we have argued cases to juries. We were both trial lawyers. I feel that 
as a badge of honor. Some people denigrate trial lawyers. But I feel 
that the people whom I have tried to help over the years were people 
who deserved to be helped.
  My friend from Florida was the president of the State trial lawyers 
in Florida. He has a tremendously sound reputation as a trial lawyer, 
somebody who took good cases, worked them hard, judges liked him, and 
his opponents liked him, which speaks well of this man.
  But my feelings about Senator Martinez go deeper than that. I have 
had the good fortune of being able to attend our prayer breakfasts on 
occasion here. I try to get to them as often as I can, every Wednesday 
morning when we are in session, at 8 o'clock.
  I have heard my friend from Florida talk about his upbringing, his 
faith. He is a devout Catholic. He is proud of that. He is very proud 
of his heritage, Cuban American, versus the difficulties that have been 
caused by the tyrannical government of Fidel Castro.
  I also am impressed with Senator Martinez as a result of his family 
ties. He speaks so highly of his relationship with his lovely wife. I 
have had the opportunity to know his family. On rare occasions he came 
and asked me if there was a way I could help him with a family member, 
recognizing the kind of person he is and the family associations that 
he has.
  The people of the State of Florida are losing a good Senator, a good 
man. I will miss Mel Martinez.

                          ____________________




                            ORDER FOR RECESS

  Mr. REID. Mr. President, I ask unanimous consent that today the 
Senate recess from 3 to 4 p.m. in order for Members to participate in 
the 9/11 remembrance ceremony in Statuary Hall.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. REID. Mr. President, I ask unanimous consent that the time from 4 
to 4:45 p.m. today be divided as follows: 22\1/2\ minutes to be divided 
equally between Senators Dorgan and the Republican leader or his 
designee, for debate with the respect to S. 1023, and that upon the use 
of that time, the Senate proceed to executive session to consider the 
nomination of Cass Sunstein, and that the remaining 22\1/2\ minutes 
until 4:45 be equally divided and controlled between Senator Lieberman 
and the Republican leader or his designee; that at 4:45 p.m. the Senate 
resume legislative session and all postcloture time having expired, all 
amendments be withdrawn except the Dorgan amendment No. 1347, and that 
amendment No. 1347 then be agreed to and the motion to reconsider be 
considered made and laid on the table; that the bill, as amended, be 
read a third time and the Senate then proceed to vote on passage of S. 
1023, as amended; that upon passage of S. 1023, as amended, the Senate 
then resume executive session and vote on the motion to invoke cloture 
on the nomination of Cass Sunstein.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll of the Senate.
  The assistant 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 PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 21184]]



                          ____________________




                TRAVEL PROMOTION ACT OF 2009--Continued

  Mr. KYL. Mr. President, I hoped that my colleague from North Dakota 
might be here, and perhaps we will still get together before the debate 
concludes on the tourism bill. But I think we were two ships passing in 
the night earlier today. He was quoting statistics that had to do with 
individual people. I was quoting statistics that had to do with 
monetary receipts. We were both getting at the problem of whether 
tourism was up or down, and I told him I would get the source of my 
statistics and we could reengage in that debate.
  The primary point the Senator from North Dakota was making was that 
from his statistics, relating to the number of people, tourism was 
down. I had asserted that based upon Commerce Department statistics 
tourism receipts were very much up. So let me quote the statistics from 
the Office of Travel and Tourism Industries at the Commerce Department 
for 2008. I quote:

       Total travel receipts reached unprecedented levels in 2008, 
     with a record-breaking $142.1 billion on travel to, and 
     tourism-related activities, within the United States--an 
     increase of 16 percent over the previous record set in 2007.

  That is what I had quoted earlier today.
  The Senator from North Dakota said: Well, my statistics show that 
tourism is down. I think he was quoting numbers of tourists. I do not 
know whether that discrepancy is real. I do not question his 
statistics, but I did want to verify mine come from the Department of 
Commerce. Presumably they are valid.
  He had also raised a question as to whether that includes travel from 
Mexico and Canada. My understanding is, yes, this statistic does 
include receipts for travel and tourism for all travelers to the United 
States, which would include Mexico and Canada.
  Also, according to a press release and information that was gathered 
by the Senate Republican policy committee, the Commerce Department's 
Office of Travel and Tourism Industries also issued a travel forecast 
in May of 2009 that foreign travel will reach a record high of 64 
million travelers to the United States by the year 2013. Again, that 
includes travel from all countries, which would include Mexico and 
Canada.
  The Commerce Department also estimates that travel to the United 
States by visitors from countries other than Mexico and Canada should 
rebound by 2012. The point is that through a series of situations, 
including, primarily economic conditions, there has been a lower level 
of travel after 2008 by overseas travelers.
  This Commerce Department forecast also said, as I said earlier today, 
it is important to continue to work on those initiatives which will 
facilitate visits by overseas travelers, including adequate 
infrastructure of ports of entry, visa services, and funding to make 
the online registration requirements for foreign visitors truly easy 
and operational.
  My point earlier today was that rather than charging $10 a visa for 
foreign travelers to come here to encourage more foreign tourism, which 
seemed to me to be rather counterproductive, and since there is plenty 
of travel promotion activity by the Department of Commerce, by States, 
by localities--you can hardly turn on the TV without seeing some 
community or State advertising, promoting tourism within its area--that 
what we should be doing is devoting any resources we have available for 
this purpose to improving the infrastructure at our ports of entry, our 
visa requirements, and other travel accommodations for those visitors 
who do come here so it is easier to come here.
  I would note I just read a story in the Arizona papers today that 
talked about the passport requirements from Mexico and Canada. They 
have been in effect for Mexico, but they are newly instituted with 
respect to Canada. As a result, theme parks in New York State, for 
example, had noted their activity from Canada was down somewhat. They 
attributed it to soggy weather, the state of the economy, and the 
additional passport requirement. I am sure all of these are factors.
  So I suspect the statistics my colleague from North Dakota was citing 
were accurate statistics, as were, obviously, the ones I cited from the 
Department of Commerce.
  The bottom line point I was trying to make is that we have a lot of 
people who come to this country. We make a lot of money from them. We 
want to encourage that, to be sure. But I did not think we were 
encouraging it when we put a $10 fee on every visa for foreign 
tourists, and that we might want to--if we had that money available, or 
if we wanted to attract more visitors, the better way to do it would be 
to make our ports of entry and the other facilities by which people 
access entry to the United States more accommodating to them. Those 
were reasons I believed made this legislation unnecessary and unwise.
  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. KYL. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                 RECESS

  Mr. KYL. Mr. President, we can proceed to the recess.
  The PRESIDING OFFICER. Without objection, the Senate will stand in 
recess until 4 p.m., pursuant to the previous order.
  Thereupon, the Senate, at 2:59 p.m., recessed until 4 p.m. and 
reassembled when called to order by the Presiding Officer (Mr. Burris).
  The PRESIDING OFFICER. The Senator from Connecticut is recognized.
  Mr. LIEBERMAN. Mr. President, I suggest the absence of a quorum and 
ask that the time that expires be equally charged to both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. I thank the Chair.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                TRAVEL PROMOTION ACT OF 2009--Continued

  Mr. DORGAN. Mr. President, my understanding is that there is some 
time divided on the issue of the vote on the Travel Promotion Act, and 
let me take as much time as I may consume of that time.
  Earlier today, Senator Kyl and I had a discussion on the floor about 
some statistics and numbers about tourism and travel. I don't want him 
to try to win a debate we are not having because there ought not to be 
a difference with respect to a set of facts. So let me just recite the 
facts.
  I said this morning that on this big-old planet of ours, people are 
traveling more. That is a fact. Tens of millions of people are 
traveling around the world for international tourism purposes, and that 
is very beneficial to the areas where they arrive and do their touring. 
On average, an overseas traveler who comes to the United States spends 
$4,500. It is a very lucrative market to try to attract tourists from 
overseas to come to our country.
  The dilemma is this: While more people are traveling all around the 
globe, and while Japan and Europe, while India and South America and 
many other countries and continents are aggressively advertising, 
asking people to come to their country, promoting their country's 
interests--I have mentioned France, Italy, Germany, India, China, and 
so on--all of them engaged in travel promotion saying: Come to our 
country, enjoy our country, come and see our country, travel to our 
country. It is a relentless bit of promotion by other countries, and 
they are very successful.
  The fact is, more people have been traveling around the globe in 
international tourism, but we have had a reduction of 633,000 people 
coming to this

[[Page 21185]]

country as compared to 9 years ago. Go back to the year 2000 and take a 
look at how many overseas travelers came to this country to see America 
and then fast forward to 2009. There are over half a million fewer 
people coming to our country.
  This legislation we are going to vote on is very simple. It says: 
Let's have a private-public sector partnership that promotes America as 
a destination for international tourism.
  In our earlier discussion, Senator Kyl said we should be dealing with 
the entry process that many have complained about. The fact is, we are 
dealing with that. I have held hearings on that. We have substantially 
changed the waiting time for trying to get a visa to come to the United 
States. Yes, there were long lines, long waits, and much of that has 
been solved and reduced substantially. In fact, the State Department 
says that 90 percent of the consular posts have visa wait times of less 
than 30 days for students and business travelers, just as an example. 
We are making progress in those areas.
  But we should not, in my judgment, allow this issue of promotion of 
foreign and international travel be the province of other countries and 
not us. We ought to be involved. We ought to say to people: You are 
welcome to come to this country. I showed some of the newspaper reports 
in recent years that suggest to people: You are not welcome in America. 
Travel to America? No thanks. Too much of a hassle. In fact, after the 
terrible tragedy of 9/11/2001, we were not encouraging people to come 
to this country at all. In fact, we were suggesting that we were 
worried about people coming into this country. We wanted to make sure 
we were not allowing terrorists in, so we didn't exactly have the 
welcome mat out.
  This legislation now, 8 years later, says: Let's put the welcome mat 
out to say, you know what, you want to compete for international 
tourism? So do we. You want to go see the Eiffel Tower? Well, that is 
fine. How about coming to see the Empire State Building, Theodore 
Roosevelt National Park, Old Faithful, Yellowstone, Las Vegas, the 
Pembina Gorge. How about coming to America to understand the culture of 
America, the values, the character of America.
  One of the things we understand is that when people come here to 
travel across the United States, they leave, having traveled in this 
country, with an unbelievably good impression about what America is. We 
know that because there has been a great deal of polling to understand 
it. So in addition to creating a very substantial number of jobs at a 
time when people have lost their jobs--and by the way, tourism and 
promotion of tourism, especially with overseas travelers who spend a 
lot of money when they come to this country, promotes a substantial 
number of jobs. In addition to that, it promotes dramatic good will all 
around the world about this country of ours.
  So this legislation is very simple. It is bipartisan at a time when 
not very much is bipartisan. It actually saves money. At a time when 
there is concern about spending money, this reduces the budget deficit. 
It doesn't increase it; this actually reduces the budget deficit. At 
the same time, it will create hundreds of thousands of new jobs. So how 
about that--a piece of legislation that is bipartisan, with Republicans 
and Democrats cosponsoring it and bringing it to the floor, it saves 
money rather than adds to the budget deficit, and it produces hundreds 
of thousands of jobs going forward. It seems to me this makes good 
sense for this Congress.
  I am expecting this afternoon--with the help of my colleagues Senator 
Ensign, Senator Klobuchar, Senator Reid, and so many others who have 
worked on this legislation, I am hoping we will get a very strong vote, 
get it to the House of Representatives, and get it signed by the 
President so we can put a lot of people to work in this country as well 
as incentivize people to come to this country to see what it is about, 
and that is an awfully good thing, in my judgment.
  Let me yield the floor and reserve the remainder of the time. I think 
the Senator from Nevada wishes to speak.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. ENSIGN. Mr. President, I wish to make a few concluding remarks on 
the Travel Promotion Act.
  First, I thank my colleague from North Dakota, Senator Dorgan. He and 
I have worked very closely, along with our staffs, who have put a lot 
of work into this piece of legislation that we believe is a very good 
for our country. It does several things. First of all, by its very 
nature, it is a bipartisan bill, which doesn't happen around here very 
often anymore. The second thing is it creates jobs. The most important 
thing we need to do in this country right now is to create jobs. My 
home State of Nevada is No. 2 in unemployment rate in the United 
States. We desperately need jobs. We are very dependent on tourism. 
This bill will help create tourism-type jobs. It will create tourism-
type job for States throughout the United States. When people come to 
our country to visit, they may come to one State primarily, but they 
usually stop in several other States along the way.
  We are in a situation where the No. 1 industry in America, the 
tourism industry, has been dramatically impacted by the downturn in the 
economy. Tourism not only affects the people in that industry, but it 
affects people in all kinds of other industries that are related to it. 
So when you create a tourism job, you are creating jobs down the line. 
You are creating construction jobs, you are creating jobs when they 
have to go see the dentist or the local health care provider or go to 
the grocery store or wherever else they are going and using the money 
they earn to spend in the economy.
  Other countries around the world spend money to attract people to 
their countries. What we are saying with this bill is, let's advertise 
the United States and let's use those dollars in a way that creates 
jobs here in America. We know we have a great product to sell. When you 
have a great product to sell--the United States of America--it makes 
sense to sell it. It makes sense. The Presiding Officer is the Senator 
from Illinois, home to one of the great cities in America--Chicago. It 
is a great product to sell. I am from Las Vegas--a great product to 
sell. Our national parks are incredible products to sell. Our beaches; 
when the colors are changing in the Northeast--there are so many 
amazing places to see in America that it is a very easy product to 
sell. Right now, we are just not selling it.
  All of the other countries are advertising. We think about the times 
we have seen Australia advertise or other countries advertise because 
they want Americans to go visit their country. We want other citizens 
to come to America. Not only does it create jobs, but it also creates a 
lot of good will around the world. As my colleague, Senator Dorgan, 
pointed out, when people come here to the United States, they leave 
with a more favorable impression. Well, not a lot of people have a 
favorable impression of the United States these days, so we want more 
and more people coming here visiting, learning, seeing our sights, and 
interacting with our people. We are good people, and we like other 
people around the world. I believe this bill is going to improve the 
image of America around the world by the people who come visit here.
  Let me just conclude with this: We have a bipartisan bill that 
creates jobs, that doesn't hurt the deficit. This is the kind of 
legislation we need to pass here in the U.S. Senate, especially in 
these economic times when people are worried about skyrocketing 
deficits and debt. We have other pieces of legislation that are 
important to work on, but right now there is no question but to take 
the time out we are taking to pass a piece of legislation that we know 
will create jobs. This is the right thing to do.
  I am proud to be associated with this legislation, and I thank the 
majority leader, Senator Reid, for bringing it to the floor. I thank 
all of those who have worked on it but primarily my cosponsor and 
coauthor of the bill, Senator Dorgan, for his great work and great 
leadership on this bill.
  Mr. President, I yield the floor.
  Mr. DORGAN. Mr. President, how much time remains?

[[Page 21186]]

  The PRESIDING OFFICER. There is 14 minutes 25 seconds remaining.
  Mr. DORGAN. Mr. President, let me just observe, my colleague from 
Nevada probably knows there are some who have raised the question of a 
$10 fee that will be assessed travelers who are coming into this 
country, and they have said: What an awful thing to do. They say that a 
$10 fee could be onerous, burdensome, and other countries may 
retaliate.
  This is a fee with respect to people who are coming to this country 
from countries participating in the Visa Waiver Program. I showed this 
morning that virtually all of the countries in the Visa Waiver Program 
charge a much higher fee to an American traveler who goes to their 
country. We are not suggesting a fee that should in any way deter 
somebody from coming to our country.
  Mr. President, $10 is not a significant amount of money for somebody 
engaged in international travel. And it's a one time fee on the use of 
the Electronic System for Travel Authorization--ESTA--program, which 
lasts for two years. This isn't even $10 each trip--someone could 
travel many times in those two years. And what we are doing with that 
fee is raising the funds to engage in a promotion program to promote 
America, our country.
  My colleague from Nevada, Senator Ensign, this morning said that 
advertising works, but most advertising with respect to travel and 
tourism and promotion in this country is in promotion of a specific 
company, or perhaps a town. But there is no advertising or promotion on 
the part of this country to say to people around the world that you are 
welcome to come to this country. We want you to come to America. 
Experience the culture and character of this great country of ours.
  That is what this travel promotion program is about. It is a public 
sector, but mostly private sector program, the funding from which will 
come in part from a $10 fee from people coming from countries that 
impose a much higher assessment on Americans when we go to those 
countries, and in part on contributions from the private sector.
  I also make the point that the U.S. Chamber of Commerce has issued a 
letter of very strong support, believing this is a very pro-business 
proposal that will create jobs in our country. My hope is we will get a 
very strong vote on it today.
  I yield the floor.


                  UNDER SECRETARY FOR TRAVEL PROMOTION

  Mrs. SHAHEEN. Mr. President, I appreciate Senator Inouye and Senator 
Dorgan's leadership on promoting tourism to the United States. Thanks 
to their commitment, the Senate is on the verge of passing legislation 
that is critical to our economy. Although it provides almost 8 million 
American jobs, travel and tourism have not received the prioritization 
in our government that they merit. I am pleased that we are creating an 
Office of Travel Promotion and hope in the future we will take a step 
further and elevate the role of tourism promotion at the Department of 
Commerce. Other governments around the world have tourism departments 
headed by Cabinet-level officials. This stature gives them the clout to 
advocate for pro-tourism, pro-economy policies, and cut through the 
redtape to implement those policies.
  Tourism is vitally important to New Hampshire. Last year, tourism in 
New Hampshire supported approximately 67,000 direct full-time and part-
time jobs. I know from my own experience that having a high-level 
travel promotion authority produces results. When I was Governor, I 
elevated our State's Office of Travel and Tourism within our State 
government because I recognized the importance of promoting the travel 
industry and ensuring that we have a strong advocate for traveler-
friendly policies in our State government.
  Under the guidance of this high-level division, the travel economy in 
New Hampshire has increased substantially since 2001. Despite a 
nationwide lull in tourism, spending by travelers to New Hampshire has 
increased over 33 percent, creating over a billion dollars more in 
economic growth. State revenues from travel have increased by over $100 
million, providing an important boost to our budget.
  I believe we should replicate New Hampshire's success in promoting 
tourism at the national level. This is why I support the creation of an 
Under Secretary for Travel Promotion.
  Mr. INOUYE. I appreciate the Senator's kind words for me. I wish to 
express my agreement with her on the creation of an Under Secretary 
position in the Department of Commerce who oversees the tourism 
industry. I have advocated for the Under Secretary position in the 
past, and continue to support its creation for the reasons you 
described.
  The State of Hawaii's economy relies heavily on travel and tourism, 
and welcomes visitors from across this great Nation and from around the 
world. International travelers to the United States generate a 
tremendous amount of economic activity. The Department of Commerce 
found that in 2008, total U.S. international travel receipts were $142 
billion. International tourism provided support for over 800,000 U.S. 
jobs, $30 billion in payroll, and $17 billion in tax revenue. The 
economic benefit of this industry should be represented, and requires 
policy-related coordination. An Under Secretary would provide that 
voice. This is especially true when the U.S. engages in international 
negotiations around travel and tourism policy. It is important that the 
United States is represented by an appropriately ranked official, with 
the same authority as his or her counterparts.
  Mrs. SHAHEEN. My friend from Hawaii makes an excellent point. 
Although the bill does not include an Under Secretary, I believe it is 
important for the Secretaries of Departments of Commerce, State, and 
Homeland Security to ensure that the United States is represented 
internationally to discuss travel and tourism policy issues. In 
particular, these Departments should work to remove barriers to travel, 
expand market access for tourism industries, and promote tourism to the 
U.S. Does my colleague agree with me on this point?
  Mr. INOUYE. I do. I look forward to working with the Senator on this 
issue in the future, and with Senator Bingaman who has also been a 
strong advocate for this issue.
  Mr. BINGAMAN. I thank Senators Inouye and Shaheen. I appreciate both 
of their support for having an Under Secretary of Commerce lead tourism 
policy for the United States. As it is for your States, and as it is 
for the Nation as whole, tourism is an important part of New Mexico's 
economy. Tourism-related businesses in my State make up eight percent 
of New Mexico's economy. These businesses employ over 80,000 New 
Mexicans. My State is fortunate to have a Cabinet-level official in 
charge of tourism, and has been well-served Secretary Cerletti, New 
Mexico's secretary of tourism.
  I am pleased to support the bill before us today, for it begins to 
fill a longstanding void in our economic policy. I think we could do 
more, however. Tourism, especially international tourism, is an 
underappreciated economic engine for our country. When international 
visitors come here, economists say that the United States is exporting 
tourism: it counts as an export because it generates revenue here in 
the United States. The $142 billion that international visitors spent 
here in 2008 helped lower our trade deficit, which I know many people 
are concerned about. To put that $142 billion in perspective, if we 
consider international visitors as a single export market, it would be 
the United States's third largest export market, behind Canada and 
Mexico, but ahead of China. Exports to China generated $70 billion of 
revenue for American businesses last year, less than half of the 
revenue generated by international visitors to the United States. The 
more we can attract visitors to the United States, the less money we 
send abroad. The more we can promote tourism to the United States, the 
more jobs we will create here for Americans, jobs that by necessity 
cannot be relocated overseas.
  To do this, we need the right personnel in place to lead our tourism 
policy, and I believe an Under Secretary of Commerce would be best 
suited to do so for the reasons my colleagues have

[[Page 21187]]

mentioned. Pro-tourism, pro-economy policies can easily be forgotten in 
top-level discussions within the administration if there is not someone 
with the clout to effectively advocate for them. Likewise, in 
international negotiations over travel policies, just as in 
negotiations about other aspects of international trade, the United 
States needs to be represented by someone of equal rank to his or her 
counterparts.
  I thank both of my colleagues and look forward to working on this 
issue with them in the future.
  Mrs. SHAHEEN. I thank again Senators Inouye and Bingaman.
  Mr. INOUYE. Mr. President, I am pleased to be joined by my colleagues 
in support of S. 1023, the Travel Promotion Act of 2009, which is now 
being considered by the full Senate.
  The Travel Promotion Act of 2009 will allow the United States to 
remain competitive as a welcoming destination for foreign travelers. 
Our ability to explain the processes and changes made by the United 
States to gain entry for travel will help to ease fears about the entry 
process. The proposed nonprofit, independent corporation charged with 
this responsibility will be able to conduct the necessary outreach and 
promote tourism in a way that the tourism industry cannot. In addition, 
an Office of Travel Promotion will be able to work with the Department 
of State and the Department of Homeland Security to improve the entry 
process.
  Promoting the United States as an attractive tourist destination for 
both leisure and business with international visitors is of the utmost 
importance to the many States that house destination resorts. Consider 
the experience of my own home State of Hawaii. Hawaii's economy relies 
on tourism and travelers. Visitors from around the world come to see 
our islands' natural beauty and experience the spirit of ``Aloha.'' Our 
Nation's hospitality industry suffered a severe setback following the 
events of September 11, 2001, and travel from abroad to the United 
States has fallen dramatically. The industry continues to struggle 
during these difficult economic times coupled with fears about a 
pandemic influenza.
  Hawaii's experience is not unique. The hospitality industry 
nationwide has faced similar challenges, and the economic effects have 
rippled through the Nation to impact all of our citizens. The State of 
Hawaii's visitor statistics reflect the downward trend, which 
accelerated during last year's increase in the cost of oil. Compared to 
the first 7 months in 2008, visitors to the islands for the same period 
this year fell by 8.1 percent. Nationwide, the number of international 
visitors through the first two quarters of 2009 fell by 10.3 percent as 
compared to the same period during 2008.
  Both developing countries and industrialized economies around the 
world have ministers and offices that promote travel to their 
respective countries. However, the United States does not have an 
office that promotes travel and tourism abroad. This legislation is an 
important first step in the right direction. Establishing an Office of 
Travel Promotion will help to attract foreign travelers to the United 
States. This will not only sustain our tourism based industries, it 
reinforces business relationships and promotes a better understanding 
between Americans and our friends abroad. Interacting with the American 
people is a valuable tool at our disposal to dispel international 
travelers of misconceptions they may have about our country. 
Approximately 74 percent of visitors have a more favorable opinion of 
the United States after visiting our country.
  The economic activity generated by international travel and its 
promotion should be approached in the same manner we foster other 
industries equally important to jobs and the economy. The Travel 
Promotion Act of 2009 is vital to our travel and tourism industries' 
ability to compete globally and to restore confidence in the image of 
the United States as a country that is committed to welcoming our 
friends from abroad. I urge my colleagues to support this measure and 
help us ensure that international business and leisure travel to the 
United States is given all of the tools necessary to succeed.
  Mr. AKAKA. Mr. President, I rise today in support of the Travel 
Promotion Act of 2009. I would like to commend Senator Dorgan for 
introducing this important legislation as well as Majority Leader Reid, 
Senator Inouye and other colleagues who have helped craft this measure 
to promote foreign travel and tourism to the United States.
  Tourism is crucial to the economy of our Nation. Many jobs are 
created in the retail and wholesale sectors as a direct result of the 
industry. These jobs are in addition to employment opportunities 
offered by hotel, travel, restaurant, and leisure businesses. My home 
State of Hawaii is especially dependent on tourism. It is Hawaii's No. 
1 economic-growth asset.
  Hawaii is severely vulnerable to international events and 
fluctuations in the global economy. After 9/11, in the last quarter of 
2001 and the first quarter of 2002, Hawaii's international visitors 
decreased by 35.4 and 20.3 percent, respectively. Similarly, as the 
economy spiraled downward in September 2008, Hawaii's international 
visitors decreased by 4.6 and 5.1 percent in the last quarter of 2008 
and the first quarter of 2009. Our State welcomes many visitors from 
Asia, in particular Japan, whose economy is projected to decline by 5.9 
percent in 2009.
  Waikiki, a destination for visitors from all across the globe, 
accounted for about 8 percent of Hawaii's gross State product, 10 
percent of civilian jobs, and 12 percent of tax revenues in 2002, 
according to the Hawaii Department of Business, Economic Development, 
and Tourism, DBEDT. The department reported that for the month of July 
2009, tourist expenditures decreased by 12.4 percent, or $126.7 
million, compared to the prior year.
  Hawaii public and private sector leaders have been proactive in 
marketing Hawaii as the destination of choice for visitors throughout 
the world. The Hawaii State government commits millions of dollars of 
public funds to market, advertise, and promote Hawaii. However, this is 
not enough. We need to apply economies of scale and work to market the 
United States as a destination as other countries already do. While 
many governments have increased its international visitor market share 
by promoting their tourism industry, our country primarily relies on 
States to promote themselves. We have not realized the fullest 
potential of our promotional dollars. We need to maximize the 
effectiveness of our resources in an effort to attract more 
international visitors to enjoy the beauty and richness of our country.
  The Travel Promotion Act of 2009 will help accomplish this goal. This 
bill would establish a Corporation for Travel Promotion as a nonprofit 
corporation, to create a nationally coordinated travel program. The 
program would be charged to encourage travel to the United States and 
will promote our Nation as a visitor destination. It will create jobs 
and stimulate the economy. I urge my colleagues to support the Travel 
Promotion Act of 2009.
  Mr. LIEBERMAN. Mr. President, I rise today to raise some concerns 
that I have with the Travel Promotion Act and to suggest some 
modifications to it that I feel may be necessary to ensure our security 
at the Nation's ports of entry. While I support the majority leader's 
efforts to promote travel to the United States, I believe that there 
are some security-related issues with the Travel Promotion Act that 
need to be addressed. I realize that, in order to move this bill, there 
won't be any amendments offered on the floor of the Senate. 
Nevertheless, I feel it is important to have a frank discussion about 
the potential unintended consequences that portions of this bill might 
have for our Nation's security. Because it is a good step forward, I 
plan to support this bill today. But I will continue to pursue 
legislative options to ensure that some of these peripheral issues are 
addressed.
  Allow me to provide some background. In the 110th Congress, the 
Senate Committee on Homeland Security and Governmental Affairs created 
the Electronic System of Travel Authorization known as ESTA, within the 
Department of Homeland Security, DHS,

[[Page 21188]]

as part of the Implementing the Recommendations of the 9/11 Commission 
Act of 2007. The electronic system was developed to address our main 
concerns about the Visa Waiver Program, VWP; namely, that the first 
time Customs and Border Protection, CBP, encounters many travelers from 
visa waiver countries is when they land at a U.S. airport--far too late 
to prevent a terrorist incident in flight.
  The idea behind ESTA was to register travelers coming to America 
electronically before they leave their home countries. That way we 
would be able to detect potential terrorists attempting to enter the 
U.S. from VWP countries--like Richard Wright, ``the shoe bomber''--
before they actually board an airplane bound for the U.S.
  The 9/11 Commission Act also authorizes, but does not require, the 
collection of a fee to pay for the administration of the system. To 
date, DHS has elected not to impose a fee because of concerns about the 
adverse reaction ESTA requirements have generated in Europe. Indeed, 
the lack of a fee was one of the key reasons that the European Union 
ruled that ESTA was not a visa, and decided not to impose a visa 
requirement on U.S. travelers.
  The Travel Promotion Act, however, requires DHS to impose a minimum 
fee of $10 per travel authorization to be used for a Travel Promotion 
Fund. We should expect the European Union--EU--and other VWP nations to 
impose a similar fee on U.S. travelers in the future. Additionally, 
because citizens of the EU do not use credit cards online as often as 
Americans, it will be challenging for DHS to set up the infrastructure 
to collect this fee in a way that facilitates travel.
  Given these realities, I am concerned that the bill gives DHS no 
funding to set up the infrastructure that would be needed to collect 
this fee. DHS, therefore, would have to divert funds away from homeland 
security programs to pay for setting up and collecting this travel 
promotion fee. Promoting travel to the United States is surely a worthy 
cause, but we should make sure that the Department has the resources to 
administer it, so that it does not come at the expense of other 
programs that keep Americans safe.
  There is a simple way to address this problem. According to the 
Congressional Budget Office, the $10 fee would generate $180 million a 
year. The bill caps the funding that would be used for promoting travel 
at $100 million. This means that the fee could generate excess funding 
of as much as $80 million a year. The bill does not give any of this 
excess funding to DHS for implementing the ESTA system and the fee 
mandated by the legislation. Instead, it would actually require DHS to 
pay out of its own pocket the costs of implementing the fee. We should 
make sure that any excess funding is made available to DHS in order to 
ensure that funding is not diverted from important security programs to 
implement this fee.
  S. 1023 also seeks to give the Director of Travel Promotion in the 
Department of Commerce authority over CBP functions by requiring that 
he ``ensure that arriving international visitors are generally welcomed 
with accurate information and in an inviting manner'' and that he 
``enhance the entry and departure experience for international 
visitors.'' The CBP port of entry is a unique security environment over 
which DHS, not the Department of Commerce, has and should continue to 
have ultimate jurisdiction.
  Prior to 9/11, consular officers often faced pressure to adjudicate 
visa applications more quickly even though some applications may have 
been incomplete. CBP Officers at ports of entry should not have to face 
similar pressures to speed up the processing of incoming travelers at 
the expense of security considerations. In order to ensure that there 
is no confusion, we should clarify that the role of the Director of 
Travel Promotion at the Nation's ports of entry is strictly advisory, 
and that the Secretary of Homeland Security shall have control over the 
processes through which travelers are admitted into the United States.
  Lastly, S. 1023 would establish a Travel Promotion Corporation 
charged, in part, with disseminating information about our Nation's 
visa and entry requirements through a Web site and through promotional 
campaigns abroad.
  This is a worthy endeavor, and these campaigns surely will help to 
educate foreign travelers about the steps they need to take before 
travelling to the United States. As, chairman of the Senate Committee 
on Homeland Security and Governmental Affairs, I understand that our 
visa and entry requirements can be very confusing. And the last thing 
we want is for a publicly funded entity to use taxpayer dollars to 
disseminate inaccurate information.
  I believe that the Travel Promotion Corporation should be required to 
submit the information it plans to disseminate for a factual review by 
the Departments of Homeland Security and State. The Homeland Security 
and State Departments would have absolutely no editorial role in the 
types of campaigns the Corporation develops. To avoid unnecessary 
delays, DHS and State should then be required to return their comments 
to the Corporation within 10 business days.
  I believe that the bill we are currently considering is important, 
and that its goal of promoting travel to the U.S. is laudable, 
especially when travel and tourism to our country are so important to 
our economy. I will vote for it today. Moving forward, however, I 
believe that we must ensure that the bill is implemented in a way that 
does not adversely impact the security of our Nation, by ensuring that 
it does not force DHS to rob Peter to pay Paul. I understand that, in 
order to get this bill passed today, amendments cannot be offered on 
the floor. I want to reiterate, however, that I plan on pursuing these 
objectives in future legislation . I think we can achieve the dual 
goals of promoting travel to our country and enhancing security--I look 
forward to working with the majority leader and other supporters of 
this legislation going forward.
  Mr. LEVIN. Mr. President, I am proud to be a cosponsor of S. 1023, 
the Travel Promotion Act of 2009, and I will vote for the bill on final 
passage. At a time when we are facing a severe economic downturn and 
the worst recession in a generation we need to look for creative ways 
to create jobs and generate revenue that can provide benefits across 
our urban areas, cities, towns, and rural countryside.
  It is therefore timely that the Senate is considering a bill aimed at 
promoting travel and tourism in the United States. Tourism is a 
multibillion-dollar industry, and promoting travel to the United States 
will help stimulate our economy. The people in my home State of 
Michigan understand the important economic contributions of tourism. In 
fact, tourism is one of the three largest industries in Michigan along 
with manufacturing and agriculture.
  According to the U.S. Travel Association, in 2007 the travel industry 
supported 148,700 jobs with a payroll of $3.5 billion in Michigan. 
Nationally the Senate Travel Promotion Act is expected to create 40,000 
new jobs in the first year.
  Tourism is a successful industry in Michigan because we have so much 
to offer visitors. In 1831, the great chronicler of early America and 
one of our Nation's first tourists, Alexis de Tocqueville, explored the 
Great Lakes. When he saw Lake Huron, he described it as ``Not grand in 
poetry only; it's the most extraordinary spectacle that I have seen in 
my life.''
  Indeed, Michigan has the world's longest freshwater coastline. 
Michigan has beautiful beaches and cherry orchards, maritime museums 
and shipwreck-diving preserves. We even have some of the world's 
highest freshwater sand dunes and the only national fresh water marine 
sanctuary, the Thunder Bay National Marine Sanctuary at Alpena.
  There are over 11,000 inland lakes in Michigan, and we have the 
second highest number of recreational boats. Michigan also offers 
plentiful wilderness experiences at national parks and trails: Isle 
Royale National Park, Keweenaw National Historic Park, Sleeping Bear 
Dunes and Pictured Rocks National Lakeshore and the

[[Page 21189]]

North Country Scenic Trail. Our State has nearly 4 million acres of 
State forest land, 2.7 million acres of national forest land and some 
230 campgrounds. And Michigan has thousands of miles of hiking, biking, 
cross-country skiing and snowmobiling trails. With so many inviting 
tourist destinations in Michigan it is no wonder Michigan stands to 
benefit from the increased travel that will result from the enactment 
of the Travel Promotion Act.
  This bipartisan legislation aims to reverse the decline in overseas 
visitors to the United States since 9/11 by establishing a nationally 
coordinated public-private partnership, similar to what exists in many 
other countries, to increase international travelers to the United 
States.
  At no cost to the taxpayer the legislation would establish the 
Corporation for Travel Promotion, an independent, nonprofit corporation 
governed by an 11-member board of directors appointed by the Secretary 
of Commerce. It also would create an Office of Travel Promotion in the 
Department of Commerce to develop programs to increase the number of 
international visitors in the United States. It is paid for by a 
public-private matching program, the Travel Promotion Fund. Federal 
contributions will be financed by a required $10 fee paid by foreign 
travelers from visa waiver counties and collected via the electronic 
system for travel authorization.
  As the tourism season ramps up in Michigan, we must do everything we 
can to take advantage of our State's natural beauty and recreation 
opportunities to grow this critical sector of our economy.
  Mr. CARDIN. Mr. President, I support S. 1023 and its objectives. 
Indeed, I am a cosponsor. I submit these comments regarding the bill's 
provisions to help our Nation's many small businesses. I filed an 
amendment, S. Amdt. 1320, to ensure that at least one member of the 
Travel Promotion Board would have appropriate expertise regarding small 
business concerns and the retail sector. I am joined in this effort by 
Senators Landrieu and Snowe, the chairman and ranking member of the 
Small Business and Entrepreneurship Committee, who have cosponsored the 
amendment.
  I am disappointed that we are unable to get consent to lay the 
pending amendment aside for the purpose of considering other 
amendments, such as the one I have filed. This amendment would not 
change the number of board members; it would only require that one 
person have appropriate expertise and experience with small business 
and in the retail sector. This will ensure that at least one member 
will represent the interests of small business concerns as that term is 
defined by the Small Business Act, 15 U.S.C. 632, and generally used by 
the Small Business Administration.
  When I entered the Senate in 2007, I asked to serve on the Small 
Business Committee because I fully appreciate how critical small 
businesses are to our economic recovery and strength, to building 
America's future, and to helping the United States compete in today's 
global marketplace. I think that promoting the United States as a 
tourist destination to foreigners increases our economic viability and 
the image of the United States abroad. Visitors to our country get a 
better picture of the United States, which shapes their perception of 
our country and its people. It is vital that the perspectives of small 
business owners be represented because they employ more than half of 
all private sector employees and make up 99 percent of the Nation's 29 
million businesses.
  While I regret that we are unable to consider my amendment, I hope 
that my recommendations will be considered as the legislative process 
continues.
  Mr. DORGAN. 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. DORGAN. 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. DORGAN. Mr. President, I ask unanimous consent that the time 
during the quorum call be divided equally between both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. 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. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. Mr. President, pending before the Senate is the Travel 
Promotion Act of 2009, which we have worked on for a long time. Travel 
and tourism are critical to the economic health of America, as well as 
our home State of Illinois. It is the sixth most popular State in the 
Nation among overseas tourists. Tourism adds $2.1 billion to our State 
and local tax coffers and supports more than 300,000 jobs each year in 
the State. That is why we need this bill. Promoting tourism, bringing 
in travelers to visit Illinois and the Nation creates job 
opportunities, tax revenues and, frankly, gives us a chance to show off 
a great Nation.
  I could go through the long list of wonderful things to see in 
Illinois--and it is long--but trust me, it is a story that can be told 
in virtually every State in the Nation, and certainly here in our 
capital.
  There are those who argue about the $10 promotion fee, which is a 
small price to pay to promote people coming from overseas, who will 
spend much more than that to visit our country and join in the 
wonderful opportunities we have to offer.
  As we come to a conclusion on the bill, I want to spend a moment to 
acknowledge the work of the majority leader, Harry Reid, who worked 
tirelessly with Senators Dorgan and Ensign. He was an early and strong 
supporter of the Travel Promotion Act, recognizing how important travel 
is to the United States and to our economy. He worked hard to make sure 
there was a place on the crowded legislative calendar for us to take up 
this bill.
  Travel and tourism are a major industry in Senator Reid's home State 
of Nevada, and enacting this legislation will save and create thousands 
of jobs in Nevada and help generate millions of dollars in revenue and 
tax receipts. Senator Reid has been committed to this legislation since 
it was introduced, and he will shepherd this legislation to the 
President's desk. With his leadership, we have another chance to move 
this bill on the floor of the Senate. We failed to reach cloture in 
June, and some people gave up, but Harry Reid never gave up. He worked 
with the sponsors to move this forward. He recognizes that the travel 
sector is a major driver in economic growth in Nevada and across 
America. He found a way to rescue this bill, bring it back to life, and 
bring it up for today's vote. For his vision, his tenacity, and his 
leadership, we all owe a great debt of gratitude to Senator Harry Reid 
of Nevada.
  This Travel Promotion Act is a major part of his work in the Senate, 
not only to help America, but his home State of Nevada.
  I yield the floor, suggest the absence of a quorum, and I ask that 
the time be divided equally.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF CASS R. SUNSTEIN TO BE ADMINISTRATOR OF THE OFFICE OF 
  INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET

  The PRESIDING OFFICER. Under the previous order, the Senator from 
Connecticut is recognized.

[[Page 21190]]


  Mr. LIEBERMAN. Mr. President, as chairman of the Committee on 
Homeland Security and Governmental Affairs, I am pleased to both 
express my unqualified support for the nomination of Cass Sunstein to 
lead the Office of Information and Regulatory Affairs, which is known 
in government circles as OIRA, and also to favorably report the 
nomination out from our Homeland Security Committee.
  This nomination was considered and reported out by the committee on 
May 20. That was almost 3\1/2\ months ago. But unfortunately, Professor 
Sunstein's nomination has been the subject of unnecessary holds and 
delays. This is an important position that needs to be filled.
  I thank Majority Leader Reid for bringing this important nomination 
to a vote. Obviously, there was a filibuster, and we will now need to 
invoke cloture so Professor Sunstein can get on with the important job 
that President Obama has nominated him to do for our country and each 
one of us.
  OIRA is one of those governmental agencies that has a low public 
profile but exerts high influence over the workings of government and 
therefore the daily lives of most Americans.
  In Congress, we pass laws that express our values, that draw lines 
between what is right and wrong, what is desirable and undesirable for 
our society. But because we cannot ever foresee every permutation of 
the law or its effect, we must leave many of the details to the 
executive branch and its regulatory actions or implementation of the 
laws we pass.
  For over a quarter of a century now, Presidents of the United States 
have asked OIRA to help oversee and coordinate this critical regulatory 
process. Thus, OIRA has a huge impact on the widest range of problems, 
as wide as the purview of our government itself, including the health 
and safety of every American and the health and stability of the 
American economy.
  In Professor Cass Sunstein, the President has found someone with 
exceptional qualifications and talent, capable of leading OIRA in a 
positive direction to fulfill Congress's intention in the adoption of 
laws.
  When he began teaching at Harvard Law School in 2008, after a 
distinguished career teaching and residing in the city of Chicago, 
which is ably represented by the occupant of the chair, his new 
employers at Harvard announced that they had secured for their faculty 
``the preeminent legal scholar of our time, the most wide-ranging, the 
most prolific, the most cited, and the most influential.'' As a 
graduate of Yale Law School, I was initially quite suspect of those 
superlatives. The truth is that those words of Elena Kagan, then dean 
of Harvard, now Solicitor General of the United States, are validated 
by the extraordinary record of Professor Cass Sunstein. He has taught 
and written about many subjects, including particularly regulation, the 
management of risk, and, in fact, OIRA itself.
  Our committee conducted a thorough review of Professor Sunstein's 
writings and his background, and he has met individually with me, 
Senator Collins, our ranking member, and most other members of the 
committee. We held a confirmation hearing on this nomination on May 12 
of this year, at which the members of our committee thoroughly 
questioned Professor Sunstein about his views on several important 
matters. And I believe he responded directly, sincerely, and addressed 
each of the members' concerns.
  For example, I wanted to be sure his previous advocacy for a rigorous 
implementation of cost-benefit analysis to regulations did not mean 
that OIRA under his leadership would interfere with the agency's 
issuing of regulations necessary to protect public health and safety. 
Professor Sunstein convinced me in his answer that he would diligently 
support the purposes of laws to protect public health and safety as 
adopted by Congress and signed by the President.
  Because Professor Sunstein is brilliant, creative, and prolific, he 
has written some things that are unconventional and, for some, 
controversial. I believe when asked about each of those matters he 
answered sincerely and fully and reassuringly.
  For example, hunters were concerned about Professor Sunstein's views 
on gun rights. He made very clear he believes the second amendment 
creates an individual right to possess guns for hunting and self-
defense. To farmers and others concerned with his previous writings and 
comments on cruelty to animals, Professor Sunstein has said he would 
take no steps to promote litigation on behalf of animals, which some 
concluded was his position based on a provocative article he wrote, and 
that he has no plans, certainly, to regulate animal husbandry.
  So this is a bright, thoughtful, creative man who, as a professor, 
has written some provocative, unconventional ideas. I suppose if one 
wanted to take advantage of them for one's own purposes, to politicize, 
in some sense, or ideologize, in some sense, this nomination, one might 
seize on those. But at bottom, this is a person extraordinarily well 
qualified for this position.
  I will say he has been endorsed by the American Farm Bureau 
Federation, insofar as concerns of the agricultural community are 
concerned. He met with them, and he answered their questions. They 
said:

       . . . we hope the Senate can take up this nomination in the 
     near future and all Senators will vote to confirm him in this 
     post.

  Professor Sunstein has also won the public endorsement of a variety 
of groups, including the U.S. Chamber of Commerce and the National 
Association of Manufacturers which has concluded, based on his writings 
and their meetings with him, that he will be fair and not antibusiness, 
anti-economic growth in this important position.
  As for myself, after meeting with this distinguished, thoughtful, and 
very gentlemanly individual, listening to him at our hearings, seeing 
how he has responded thoroughly and forthrightly to those who have 
approached him with their concerns, I am convinced Professor Sunstein 
has superior qualifications for this office and a strong commitment, if 
concerned, to guide OIRA in conformity with the law and the public 
interest above all. That is why I urge my colleagues to support cloture 
and to support this nomination.
  Mr. President, I am pleased to see the senior Senator from Minnesota. 
I yield to her at this time.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Ms. KLOBUCHAR. Mr. President, I rise today to talk about Cass 
Sunstein and his qualifications to be Administrator of the Office of 
Information and Regulatory Affairs. I thank Senator Lieberman for his 
leadership. I am going to try not to say the word ``OIRA'' in my 
remarks because it is a very difficult agency, and no one is quite sure 
what it does. But I can tell you it does something very important, 
which is to cut through the redtape for citizens and to try to get some 
sensible rules for this country.
  How do I know Cass Sunstein? Back in the 1980s I was privileged to 
have him as my law professor at the University of Chicago. I took his 
administrative law class, and he was also my adviser on the law review.
  His career as a legal scholar was just beginning to take off, but he 
was already making a very strong impression as a teacher. I think many 
of my fellow classmates believed he was, in fact, their favorite 
teacher.
  When we first saw Cass Sunstein in class, he looked like a boy in a 
man's suit. He was so thin but with such enthusiasm. These were the 
days before white boards, and he would always get a lot of white chalk 
on his black suits, which he seemed oblivious to, but he was far from 
an absent-minded professor. He would race along a mile a minute in his 
lecture, a fountain with a never-ending stream of ideas. He was never 
boring, which is a tough standard for law students.
  Today Professor Sunstein is one of the Nation's most thoughtful and 
respected legal scholars with a distinguished record of 
accomplishments. He is a graduate of Harvard Law School, a law clerk to 
Supreme Court Justice Thurgood Marshall, a professor at the University 
of Chicago for 27 years, the author and coauthor of more than 15

[[Page 21191]]

books and hundreds of scholarly articles.
  By a large margin, Cass Sunstein is the most cited scholar on any law 
faculty in the United States of America. One envious observer said:

       If you look at what he's written and done, he should be 900 
     years old.

  What are the concerns of his academic work? The overriding concern is 
we have smart, science-based, cost-effective policies to protect public 
health and safety, to promote energy security, and to strengthen our 
economy and financial system.
  In a recent book Professor Sunstein coauthored called ``Nudge,'' he 
wrote that by knowing how people think, we can design rules and 
policies that make it easier for Americans to choose what is best for 
themselves and their families. In other words, Cass Sunstein believes 
the best types of rules and regulations are the ones that encourage 
American consumers and businesses to make good decisions without 
demanding that they do so.
  I thought a lot about his work when Congress debated the first-time 
home buyers tax credit which helped spur home sales after months of 
decline again. Again, if you shape policies and programs that are easy 
to understand, that provide incentives, that give Americans control 
over their fate, you get the right results.
  That is why it is so important we confirm Cass Sunstein to this 
critical post. His pragmatic, sensible approach to policy and 
regulation will help make our Federal agencies work smarter and ensure 
that our government works better for our citizens and for our 
businesses.
  It is no surprise to me, as Senator Lieberman just discussed, the 
kind of support that Cass Sunstein has gathered. The Wall Street 
Journal editorial board has been positive about his nomination. You 
have heard the support from the U.S. Chamber of Commerce, the National 
Association of Manufacturers, the American Farm Bureau Federation, 13 
Nobel Prize winners, and C. Boyden Gray, who served as White House 
Counsel under both Presidents Bush.
  While all these individuals and organizations are supportive, what 
they say about Cass Sunstein is what I have always known about him. He 
is a pragmatist. He cares about ideas, but ultimately he cares about 
the right results.
  I have heard time and time again from the people in my State office 
about the redtape and regulations citizens run into on an everyday 
basis with the U.S. Government. It is time to put someone in this job 
who actually sees that connection, is able to connect human behavior 
with what those rules are, and make those rules make some sense. He has 
the intellect, the ability, and the force to get this done, and I am 
proud to support his nomination.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, first, I thank Senator Klobuchar for 
those very thoughtful and, I thought, compelling words in support of 
Professor Sunstein's nomination. They were both thoughtful and 
personal, and that matters a lot. I thank her for taking the time to 
come and speak on this important nomination.
  I thought it might be helpful if I read from a few of the letters of 
endorsement of Professor Sunstein because this is one of those 
nominations that I think has become unnecessarily controversial. A rule 
I have always tried to apply--I think I have done it pretty well over 
the years, playing it uniformly--is when, as a Senator, we exercise our 
authority to advise and consent, the judgment for us to make is not 
whether we would have nominated that person to that office but whether 
on due consideration we conclude that nominee is within an acceptable 
range and capable of fulfilling that job. That is quite a different 
situation.
  One might agree or disagree, let's put it that way, with Professor 
Sunstein on one or another thing he has written in a remarkably 
productive, prolific career, but one would have to decide if he is 
unqualified for this position, not just that he wouldn't be your first 
choice but seems to be he is unqualified or there is a level of risk in 
fulfilling it that even if he was qualified, one would vote against it.
  I want to reassure my colleagues. I mentioned the American Farm 
Bureau Federation because there had been concern in the Agriculture 
Committee. I read a letter from Bob Stallman, president of the American 
Farm Bureau Federation:

       Like others in the agriculture community, we were concerned 
     about reports related to Mr. Sunstein's views on animal 
     rights and the impact that could occur should such views be 
     reflected in Federal regulations. We have, however, had the 
     opportunity to discuss this subject in person with Mr. 
     Sunstein. He has been candid, forthright and very open about 
     how he views his role in OIRA. He has shared his perspective 
     on the issues in question and stressed that he would not use 
     his position to undermine further law or further policies 
     inconsistent with congressional directives.

  I quoted in my opening statement of the president of the American 
Farm Bureau Federation:

       . . . we hope the Senate can take up this nomination in the 
     near future and that all Senators will vote to confirm him in 
     this post.

  Second, a very different association and important one in our country 
is the Chamber of Commerce of the United States of America, and in a 
letter from R. Bruce Josten, the first paragraph says:

       The U.S. Chamber of Commerce, the world's largest business 
     federation representing more than three million businesses 
     and organizations--

  He says about the nominee--

       Over the course of an impressive career as a legal 
     academic, Professor Sunstein has made important contributions 
     in such diverse areas as environmental law, behavioral 
     economics, and consumer safety. Through his work, he has 
     improved our understanding of the law and public policy in a 
     continuing effort to improve the ability of government to 
     beneficially impact the lives of its citizens.
       As OIRA Administrator, Professor Sunstein is almost certain 
     to apply a thoughtful approach to regulatory oversight and 
     review. His extensive writings and teachings provide a useful 
     blueprint of his pragmatic approach to regulation, including 
     his continued defense of cost-benefit analysis as a tool for 
     developing rational regulation. His approach is not 
     influenced by an ideological predisposition.

  I repeat, from Bruce Josten, executive VP of the Chamber of Commerce:

       His approach is not influenced by an ideological 
     predisposition--to the contrary, his writings show a strong 
     commitment to a balanced review that is biased neither in 
     favor of nor against regulation.
       By all accounts, Professor Sunstein is a man of personal 
     integrity and formidable intellectual prowess, and the 
     Chamber applauds his willingness to suspend an exceptional 
     academic career in order to serve his country.

  Mr. Josten concludes by saying:

       The Chamber urges you to expeditiously confirm Professor 
     Sunstein as Administrator of OIRA.

  I need not tell my colleagues in the Senate that the Chamber of 
Commerce is a probusiness group, and if they believed Cass Sunstein as 
OIRA Administrator would harm business entrepreneurship, economic 
growth, and the free market in our country, they would say so, loudly 
and clearly. But they did not say so. They did not just remain silent. 
The Chamber of Commerce of the United States said Cass Sunstein is 
qualified by his writings, he is fair, and they urge us to confirm this 
nomination.
  I have a similar letter from the National Association of 
Manufacturers, Rosario Palmieri, vice president of NAM, writing to 
Senator Collins and me:

       . . . I am writing to offer our support for the 
     confirmation of Cass Sunstein to be Administrator of the 
     Office of Information & Regulatory Affairs in the Office of 
     Management & Budget. . . .
       The NAM [National Association of Manufacturers] has 
     supported nominees to OIRA under both Republican and 
     Democratic presidents. The office plays a crucial role in 
     agency prioritization, paperwork reduction, and regulatory 
     review. Cass Sunstein, in particular, is deserving of 
     confirmation because of his keen intellect, expertise in the 
     fields--

  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. LIEBERMAN. I thank the Chair.
  The bottom line is that Professor Sunstein is supported by many 
groups, including those who some might think

[[Page 21192]]

would have opposed him. I hope my colleagues will support this 
nomination in the vote to come and on final passage.
  I thank the Chair, and I yield the floor.
  Ms. COLLINS. Mr. President, I rise to discuss the nomination of 
Professor Cass Sunstein to be Administrator of the Office of 
Information and Regulatory Affairs, OIRA.
  Professor Sunstein's nomination has been endorsed by a number of 
groups, including the Farm Bureau, the Chamber of Commerce, and the 
National Association of Manufacturers.
  I will ask consent to have letters of support from these 
organizations printed in the Record following my remarks.
  While many people outside of Washington have never heard of this 
office, it can have an enormous influence on our everyday lives. 
Through the process of regulatory review, OIRA--as it is known in 
Washington--plays an integral role in the rulemaking process. The 
office advises agencies as rules are developed and then reviews the 
methodologies used to develop and justify these rules.
  Professor Sunstein has extensively studied government regulation and 
the various methods that can be used to evaluate regulatory 
effectiveness. During his confirmation hearings, I noted several core 
principles that seem to underpin Professor Sunstein's work.
  He advocates greater transparency in the regulatory process. One of 
his recommendations is that agencies be required to better justify 
decisions to regulate, particularly when the costs of regulations 
appear to exceed the benefits. That makes sense to me.
  Professor Sunstein strongly supports the use of cost-benefit analysis 
as a tool for evaluating regulation. At the same time, he recognizes 
that such analysis has limitations when it comes to considering 
intangible costs and benefits.
  Recently, Professor Sunstein has proposed an alternative to more 
draconian ``command-and-control'' regulation. In his book ``Nudge,'' he 
makes a compelling case for regulation that does not dictate actions 
but instead encourages certain behavior without limiting personal 
freedoms. This ``nudging'' can promote societal goals without depriving 
individuals or organizations of other choices.
  As with many nominees who make the transition from academia to 
government service, Professor Sunstein will find that as he steps from 
the world of theory into the realm of practice, not every idea 
discussed in the classroom can be easily converted into government 
policy--nor should it be. During his confirmation hearing, Professor 
Sunstein and I discussed several provocative statements he has made in 
the course of his career, statements that are troubling on their face.
  I was deeply concerned, for example, by his past comment that hunting 
should be banned. When I questioned Professor Sunstein on this 
statement, he responded as follows:

       Hunters are among the strongest environmentalists and 
     conservationists in the United States. And it would be 
     preposterous for anyone in a position like mine to take steps 
     to affect their rights or their interests.

  In a July 14, 2009, letter to Senator Chambliss, Professor Sunstein 
promised to respect second amendment rights if confirmed as OIRA 
Administrator. Professor Sunstein explained:

       I strongly believe that the Second Amendment creates an 
     individual right to possess and use guns for purposes of both 
     hunting and self-defense. I agree with the Supreme Court's 
     decision in the Heller case, clearly recognizing the 
     individual right to have guns for hunting and self-defense. 
     If confirmed, I would respect the Second Amendment and the 
     individual right that it recognizes.

  I was also concerned by several law review articles in which 
Professor Sunstein made the bizarre statement that animals be given 
standing to sue in court--allowing ``representatives'' to sue on an 
animal's behalf. In response to questions on this subject during his 
confirmation hearing, Professor Sunstein clarified that he was 
suggesting this as a means by which existing animal cruelty laws could 
be enforced by civil suits. In a letter to me on this issue, Professor 
Sunstein further stated:

       I have no personal plans to regulate farm animal husbandry 
     in any way. If confirmed, and if the Department of 
     Agriculture were to propose any regulations in that domain, I 
     would work with the Department to ensure that any proposed 
     regulations follow the law and fit with the priorities of the 
     President--and that they take full account of the pressing 
     needs of America's farmers and ranchers and the countless 
     consumers who benefit, every day, from their remarkable 
     efforts.

  I will consent to have Professor Sunstein's letter printed in the 
Record following my remarks.
  I know that a number of my colleagues have shared these concerns or 
raised other concerns based on Professor Sunstein's extensive 
bibliography. I understand that Professor Sunstein has made himself 
available to meet with Senators to discuss those concerns and has in 
some cases provided written clarifications of his positions. I expect 
that when confirmed as OIRA Administrator, he will continue to be as 
accessible and responsive to this Congress.
  On balance, I support Professor Cass Sunstein as Administrator of the 
Office of Information and Regulatory Affairs.
  Mr. President, I ask unanimous consent to have letters of support and 
Professor Sunstein's letter, to which I referred, printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                               Chamber of Commerce


                              of the United States of America,

                                    Washington, DC, June 23, 2009.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Mitch McConnell,
     Republican Leader, U.S. Senate,
     Washington, DC.
     Hon. Joseph Lieberman,
     Chairman, Committee on Homeland Security and Government 
         Affairs, U.S. Senate, Washington, DC.
     Hon. Susan Collins,
     Ranking Member, Committee on Homeland Security and Government 
         Affairs, U.S. Senate, Washington, DC.
       Dear Leaders Reid and McConnell, Chairman Lieberman and 
     Ranking Member Collins: The U.S. Chamber of Commerce, the 
     world's largest business federation representing more than 
     three million businesses and organizations of every size, 
     sector, and region, urges you to confirm Professor Cass 
     Sunstein as Administrator of the Office of Information and 
     Regulatory Affairs (OIRA) within the Office of Management and 
     Budget.
       Over the course of an impressive career as a legal 
     academic, Professor Sunstein has made important contributions 
     in such diverse areas as environmental law, behavioral 
     economics, and consumer safety. Through his work, he has 
     improved our understanding of the law and public policy in a 
     continuing effort to improve the ability of government to 
     beneficially impact the lives of its citizens.
       As OIRA Administrator, Professor Sunstein is almost certain 
     to apply a thoughtful approach to regulatory oversight and 
     review. His extensive writings and teachings provide a useful 
     blueprint of his pragmatic approach to regulation, including 
     his continued defense of cost-benefit analysis as a tool for 
     developing rational regulation. His approach is not 
     influenced by an ideological predisposition--to the contrary, 
     his writings show a strong commitment to a balanced review 
     that is biased neither in favor of nor against regulation.
       By all accounts, Professor Sunstein is a man of personal 
     integrity and formidable intellectual prowess, and the 
     Chamber applauds his willingness to suspend an exceptional 
     academic career in order to serve his country. The Chamber 
     urges you to expeditiously confirm Professor Sunstein as 
     Administrator of OIRA.
           Sincerely,

                                              R. Bruce Josten,

                                         Executive Vice President,
     Government Affairs.
                                  ____

                                              National Association


                                             of Manufacturers,

                                    Washington, DC, June 22, 2009.
     Hon. Joseph Lieberman,
     Chairman, Senate Committee on Homeland Security and 
         Government Affairs, Dirksen Building, Washington, DC.
     Hon. Susan Collins,
     Ranking Member, Senate Committee on Homeland Security and 
         Government Affairs, Dirksen Building, Washington, DC.
       Dear Chairman Lieberman and Ranking Member Collins: On 
     behalf of the National Association of Manufacturers (NAM) and 
     the millions of Americans our members employ, I am writing to 
     offer our support for the confirmation of Cass Sunstein to be 
     Administrator of the Office of Information & Regulatory 
     Affairs (OIRA) in the Office of Management & Budget. Thank 
     you for the swift

[[Page 21193]]

     work of your Committee to report Professor Sunstein favorably 
     to the full Senate.
       The NAM has supported nominees to OIRA under both 
     Republican and Democratic presidents. The office plays a 
     crucial role in agency prioritization, paperwork reduction, 
     and regulatory review. President Obama said that the office 
     offers a ``dispassionate and analytical `second opinion' on 
     agency actions.'' We believe that function is especially 
     crucial during the economic crisis we face and to preserve 
     high wage jobs from being lost due to unnecessary or 
     thoughtless government action.
       Cass Sunstein, in particular, is deserving of confirmation 
     because of his keen intellect, expertise in the fields of 
     administrative and environmental law, and his commitment to 
     fair and reasoned deliberation of issues that will come 
     before him. Under an Administrator Sunstein, all sides will 
     be given a fair hearing and a real opportunity to impact the 
     final analysis of an issue.
       We stand ready to assist in ensuring confirmation by the 
     full Senate of Cass Sunstein.
           Sincerely,

                                             Rosario Palmieri,

                                                   Vice President,
     Infrastructure, Legal & Regulatory Policy.
                                  ____

                                                     American Farm


                                            Bureau Federation,

                                Washington, DC, September 1, 2009.
     To All U.S. Senators
       Dear Senator: Earlier this year, the Senate received the 
     nomination of Cass Sunstein to serve as administrator of the 
     Office of Information and Regulatory Affairs (OIRA) within 
     the Office of Management and Budget. This office plays a 
     vital role in determining the final disposition of 
     regulations, in particular environmental and natural resource 
     proposals that have a direct impact on the agricultural 
     community. Accordingly, Farm Bureau has a strong interest in 
     the individual that will fill the role of administrator of 
     that office.
       Like others in the agricultural community, we were 
     concerned about reports related to Mr. Sunstein's views on 
     animal rights and the impact that could occur should such 
     views be reflected in federal regulations. We have, however, 
     had the opportunity to discuss this subject in person with 
     Mr. Sunstein. He has been candid, forthright and very open 
     about how he views his role in OIRA. He has shared his 
     perspective on the issues in question and stressed that he 
     would not use his position to undermine federal law or 
     further policies inconsistent with congressional directives.
       Based on our discussions with Mr. Sunstein, Farm Bureau has 
     no objection to his confirmation to the position of 
     administrator of OIRA and we hope the Senate can take up this 
     nomination in the near future and that all senators will vote 
     to confirm him to this post.
           Sincerely,

                                                 Bob Stallman,

                                                        President,
     American Farm Bureau Federation.
                                  ____

                                                     May 20, 2009.
     Hon. Susan Collins,
     Ranking Member, Committee on Homeland Security and 
         Governmental Affairs, U.S. Senate, Washington, DC.
       Dear Senator Collins: Thank you for your support and the 
     work of your staff throughout the confirmation process. I am 
     honored by the Committee's vote today and the opportunity to 
     serve the Nation as the Administrator of the Office of 
     Information and Regulatory Affairs.
       I understand that a question may have arisen recently about 
     my views on the regulation of farming and farm animals. I 
     have no personal plans to regulate farm animal husbandry in 
     any way. If confirmed, and if the Department of Agriculture 
     were to propose any regulations in that domain, I would work 
     with the Department to ensure that any proposed regulations 
     follow the law and fit with the priorities of the President--
     and that they take full account of the pressing needs of 
     America's farmers and ranchers and the countless consumers 
     who benefit, every day, from their remarkable efforts. The 
     focus of my academic work on animal welfare is not regulation 
     of agriculture, but existing state anticruelty laws (over 
     which OIRA has no authority). My work as Administrator, if I 
     am confirmed, would reflect the law and the President's 
     priorities.
       Thank you again for your support throughout this process.
           Sincerely,
                                                 Cass R. Sunstein.

  Mr. BUNNING. Mr. President, I rise today to speak on the nomination 
of Mr. Cass Sunstein for the Office of Management and Budget's Office 
of Information and Regulatory Affairs, OIRA. Most Americans have never 
heard of OIRA, but it has great influence on the daily lives of all 
Americans. OIRA is responsible for the execution of a wide range of 
government policies and regulations with its oversight of the executive 
branch rulemaking. In other words, the OIRA can heavily influence or 
change the intended purpose of any regulatory proposal. Therefore, it 
is important for the head of OIRA to be a rational thinker who has 
every American's best interest at heart.
  After reviewing Mr. Sunstein's opinions and past comments, it is very 
clear that his views are far outside of the mainstream. For example, 
Mr. Sunstein believes that animals should be given the same rights as 
humans. In 2004, he wrote, ``We could even grant animals a right to 
bring suit without insisting that animals are persons, or that they are 
not property.'' According to Mr. Sunstein's logic, your dog could sue 
you for putting its collar on a little too tight. Furthermore, Mr. 
Sunstein is against hunting and compares it to the ``mass extermination 
of human beings.'' Whether it is for population control or for food 
consumption, hunting plays a vital role in the lives of many Americans, 
especially in Kentucky. It is irresponsible for Mr. Sunstein to compare 
a person who kills a deer which can provide food for his or her family 
for several weeks, to the likes of Stalin. He has also been very 
hostile to second amendment rights and has publically stated his 
resistance to an individual's right to keep and bear arms.
  Any regulation that comes out of the Department of Agriculture could 
negatively impact farmers across the Nation if Mr. Sunstein is the 
person responsible for implementing that regulation. Livestock farmers 
across Kentucky could potentially be forced out of business if Cass 
Sunstein had his way. Additionally, vague rulemaking by the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives could result in Mr. Sunstein 
filling in the gaps to push his and the President's radical agenda. 
There are plenty of other qualified people whom President Obama could 
have chosen for this very significant position. I cannot support this 
nomination, and I urge my colleagues to vote against this nomination.

                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume legislative session.

                          ____________________




                TRAVEL PROMOTION ACT OF 2009--Continued

  The PRESIDING OFFICER. All committee amendments except the Dorgan 
amendment, No. 1347, are withdrawn. The question is on agreeing to the 
amendment.
  The amendment (No. 1347) was agreed to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. DORGAN. Mr. President, have the yeas and nays been ordered?
  The PRESIDING OFFICER. They have not.
  Mr. DORGAN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second. The question is, Shall the bill pass, as amended?
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Louisiana (Ms. Landrieu) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 79, nays 19, as follows:

                      [Rollcall Vote No. 272 Leg.]

                                YEAS--79

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Hatch
     Inouye
     Isakson
     Johanns
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCaskill
     Menendez

[[Page 21194]]


     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--19

     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Corker
     Cornyn
     Crapo
     DeMint
     Grassley
     Gregg
     Hutchison
     Inhofe
     Kyl
     McCain
     McConnell
     Risch
     Roberts
     Sessions

                             NOT VOTING--1

      
     Landrieu
      
  The bill (S. 1023), as amended, was passed, as follows.

                                S. 1023

       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 ``Travel 
     Promotion Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. The Corporation for Travel Promotion.
Sec. 3. Accountability measures.
Sec. 4. Matching public and private funding.
Sec. 5. Travel promotion fund fees.
Sec. 6. Assessment authority.
Sec. 7. Office of Travel Promotion.
Sec. 8. Research program.

     SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.

       (a) Establishment.--The Corporation for Travel Promotion is 
     established as a nonprofit corporation. The Corporation shall 
     not be an agency or establishment of the United States 
     Government. The Corporation shall be subject to the 
     provisions of the District of Columbia Nonprofit Corporation 
     Act (D.C. Code, section 29-1001 et seq.), to the extent that 
     such provisions are consistent with this section, and shall 
     have the powers conferred upon a nonprofit corporation by 
     that Act to carry out its purposes and activities.
       (b) Board of Directors.--
       (1) In general.--The Corporation shall have a board of 
     directors of 11 members with knowledge of international 
     travel promotion and marketing, broadly representing various 
     regions of the United States, who are United States citizens. 
     Members of the board shall be appointed by the Secretary of 
     Commerce (after consultation with the Secretary of Homeland 
     Security and the Secretary of State), as follows:
       (A) 1 shall have appropriate expertise and experience in 
     the hotel accommodations sector;
       (B) 1 shall have appropriate expertise and experience in 
     the restaurant sector;
       (C) 1 shall have appropriate expertise and experience in 
     the small business or retail sector or in associations 
     representing that sector;
       (D) 1 shall have appropriate expertise and experience in 
     the travel distribution services sector;
       (E) 1 shall have appropriate expertise and experience in 
     the attractions or recreations sector;
       (F) 1 shall have appropriate expertise and experience as 
     officials of a city convention and visitors' bureau;
       (G) 2 shall have appropriate expertise and experience as 
     officials of a State tourism office;
       (H) 1 shall have appropriate expertise and experience in 
     the passenger air sector;
       (I) 1 shall have appropriate expertise and experience in 
     immigration law and policy, including visa requirements and 
     United States entry procedures; and
       (J) 1 shall have appropriate expertise in the intercity 
     passenger railroad business.
       (2) Incorporation.--The members of the initial board of 
     directors shall serve as incorporators and shall take 
     whatever actions are necessary to establish the Corporation 
     under the District of Columbia Nonprofit Corporation Act 
     (D.C. Code, section 29-301.01 et seq.).
       (3) Term of office.--The term of office of each member of 
     the board appointed by the Secretary shall be 3 years, except 
     that, of the members first appointed--
       (A) 3 shall be appointed for terms of 1 year;
       (B) 4 shall be appointed for terms of 2 years; and
       (C) 4 shall be appointed for terms of 3 years.
       (4) Removal for cause.--The Secretary of Commerce may 
     remove any member of the board for good cause.
       (5) Vacancies.--Any vacancy in the board shall not affect 
     its power, but shall be filled in the manner required by this 
     section. Any member whose term has expired may serve until 
     the member's successor has taken office, or until the end of 
     the calendar year in which the member's term has expired, 
     whichever is earlier. Any member appointed to fill a vacancy 
     occurring prior to the expiration of the term for which that 
     member's predecessor was appointed shall be appointed for the 
     remainder of the predecessor's term. No member of the board 
     shall be eligible to serve more than 2 consecutive full 3-
     year terms.
       (6) Election of chairman and vice chairman.--Members of the 
     board shall annually elect one of the members to be Chairman 
     and elect 1 or 2 of the members as Vice Chairman or Vice 
     Chairmen.
       (7) Status as federal employees.--Notwithstanding any 
     provision of law to the contrary, no member of the board may 
     be considered to be a Federal employee of the United States 
     by virtue of his or her service as a member of the board.
       (8) Compensation; expenses.--No member shall receive any 
     compensation from the Federal government for serving on the 
     Board. Each member of the Board shall be paid actual travel 
     expenses and per diem in lieu of subsistence expenses when 
     away from his or her usual place of residence, in accordance 
     with section 5703 of title 5, United States Code.
       (c) Officers and Employees.--
       (1) In general.--The Corporation shall have an executive 
     director and such other officers as may be named and 
     appointed by the board for terms and at rates of compensation 
     fixed by the board. No individual other than a citizen of the 
     United States may be an officer of the Corporation. The 
     Corporation may hire and fix the compensation of such 
     employees as may be necessary to carry out its purposes. No 
     officer or employee of the Corporation may receive any salary 
     or other compensation (except for compensation for services 
     on boards of directors of other organizations that do not 
     receive funds from the Corporation, on committees of such 
     boards, and in similar activities for such organizations) 
     from any sources other than the Corporation for services 
     rendered during the period of his or her employment by the 
     Corporation. Service by any officer on boards of directors of 
     other organizations, on committees of such boards, and in 
     similar activities for such organizations shall be subject to 
     annual advance approval by the board and subject to the 
     provisions of the Corporation's Statement of Ethical Conduct. 
     All officers and employees shall serve at the pleasure of the 
     board.
       (2) Nonpolitical nature of appointment.--No political test 
     or qualification shall be used in selecting, appointing, 
     promoting, or taking other personnel actions with respect to 
     officers, agents, or employees of the Corporation.
       (d) Nonprofit and Nonpolitical Nature of Corporation.--
       (1) Stock.--The Corporation shall have no power to issue 
     any shares of stock, or to declare or pay any dividends.
       (2) Profit.--No part of the income or assets of the 
     Corporation shall inure to the benefit of any director, 
     officer, employee, or any other individual except as salary 
     or reasonable compensation for services.
       (3) Politics.--The Corporation may not contribute to or 
     otherwise support any political party or candidate for 
     elective public office.
       (4) Sense of congress regarding lobbying activities.--It is 
     the sense of Congress that the Corporation should not engage 
     in lobbying activities (as defined in section 3(7) of the 
     Lobbying Disclosure Act of 1995 (5 U.S.C. 1602(7)).
       (e) Duties and Powers.--
       (1) In general.--The Corporation shall develop and execute 
     a plan--
       (A) to provide useful information to foreign tourists, 
     business people, students, scholars, scientists, and others 
     interested in traveling to the United States, including the 
     distribution of material provided by the Federal government 
     concerning entry requirements, required documentation, fees, 
     processes, and information concerning declared public health 
     emergencies, to prospective travelers, travel agents, tour 
     operators, meeting planners, foreign governments, travel 
     media and other international stakeholders;
       (B) to identify, counter, and correct misperceptions 
     regarding United States entry policies around the world;
       (C) to maximize the economic and diplomatic benefits of 
     travel to the United States by promoting the United States of 
     America to world travelers through the use of, but not 
     limited to, all forms of advertising, outreach to trade 
     shows, and other appropriate promotional activities;
       (D) to ensure that international travel benefits all States 
     and the District of Columbia and to identify opportunities 
     and strategies to promote tourism to rural and urban areas 
     equally, including areas not traditionally visited by 
     international travelers; and
       (E) to give priority to the Corporation's efforts with 
     respect to countries and populations most likely to travel to 
     the United States.
       (2) Specific powers.--In order to carry out the purposes of 
     this section, the Corporation may--
       (A) obtain grants from and make contracts with individuals 
     and private companies, State, and Federal agencies, 
     organizations, and institutions;
       (B) hire or accept the voluntary services of consultants, 
     experts, advisory boards, and panels to aid the Corporation 
     in carrying out its purposes; and

[[Page 21195]]

       (C) take such other actions as may be necessary to 
     accomplish the purposes set forth in this section.
       (3) Public outreach and information.--The Corporation shall 
     develop and maintain a publicly accessible website.
       (f) Open Meetings.--Meetings of the board of directors of 
     the Corporation, including any committee of the board, shall 
     be open to the public. The board may, by majority vote, close 
     any such meeting only for the time necessary to preserve the 
     confidentiality of commercial or financial information that 
     is privileged or confidential, to discuss personnel matters, 
     or to discuss legal matters affecting the Corporation, 
     including pending or potential litigation.
       (g) Major Campaigns.--The board may not authorize the 
     Corporation to obligate or expend more than $25,000,000 on 
     any advertising campaign, promotion, or related effort 
     unless--
       (1) the obligation or expenditure is approved by an 
     affirmative vote of at least \2/3\ of the members of the 
     board present at the meeting;
       (2) at least 6 members of the board are present at the 
     meeting at which it is approved; and
       (3) each member of the board has been given at least 3 days 
     advance notice of the meeting at which the vote is to be 
     taken and the matters to be voted upon at that meeting.
       (h) Fiscal Accountability.--
       (1) Fiscal year.--The Corporation shall establish as its 
     fiscal year the 12-month period beginning on October 1.
       (2) Budget.--The Corporation shall adopt a budget for each 
     fiscal year.
       (3) Annual audits.--The Corporation shall engage an 
     independent accounting firm to conduct an annual financial 
     audit of the Corporation's operations and shall publish the 
     results of the audit. The Comptroller General of the United 
     States may review any audit of a financial statement 
     conducted under this subsection by an independent accounting 
     firm and may audit the Corporation's operations at the 
     discretion of the Comptroller General. The Comptroller 
     General and the Congress shall have full and complete access 
     to the books and records of the Corporation.
       (4) Program audits.--Not later than 2 years after the date 
     of enactment of this Act, the Comptroller General shall 
     conduct a review of the programmatic activities of the 
     Corporation for Travel Promotion. This report shall be 
     provided to appropriate congressional committees.

     SEC. 3. ACCOUNTABILITY MEASURES.

       (a) Objectives.--The Board shall establish annual 
     objectives for the Corporation for each fiscal year subject 
     to approval by the Secretary of Commerce (after consultation 
     with the Secretary of Homeland Security and the Secretary of 
     State). The Corporation shall establish a marketing plan for 
     each fiscal year not less than 60 days before the beginning 
     of that year and provide a copy of the plan, and any 
     revisions thereof, to the Secretary.
       (b) Budget.--The board shall transmit a copy of the 
     Corporation's budget for the forthcoming fiscal year to the 
     Secretary not less than 60 days before the beginning of each 
     fiscal year, together with an explanation of any expenditure 
     provided for by the budget in excess of $5,000,000 for the 
     fiscal year. The Corporation shall make a copy of the budget 
     and the explanation available to the public and shall provide 
     public access to the budget and explanation on the 
     Corporation's website.
       (c) Annual Report to Congress.--The Corporation shall 
     submit an annual report for the preceding fiscal year to the 
     Secretary of Commerce for transmittal to the Congress on or 
     before the 15th day of May of each year. The report shall 
     include--
       (1) a comprehensive and detailed report of the 
     Corporation's operations, activities, financial condition, 
     and accomplishments under this Act;
       (2) a comprehensive and detailed inventory of amounts 
     obligated or expended by the Corporation during the preceding 
     fiscal year;
       (3) a detailed description of each in-kind contribution, 
     its fair market value, the individual or organization 
     responsible for contributing, its specific use, and a 
     justification for its use within the context of the 
     Corporation's mission;
       (4) an objective and quantifiable measurement of its 
     progress, on an objective-by-objective basis, in meeting the 
     objectives established by the board;
       (5) an explanation of the reason for any failure to achieve 
     an objective established by the board and any revisions or 
     alterations to the Corporation's objectives under subsection 
     (a);
       (6) a comprehensive and detailed report of the 
     Corporation's operations and activities to promote tourism in 
     rural and urban areas; and
       (7) such recommendations as the Corporation deems 
     appropriate.
       (d) Limitation on Use of Funds.--Amounts deposited in the 
     Fund may not be used for any purpose inconsistent with 
     carrying out the objectives, budget, and report described in 
     this section.

     SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING.

       (a) Establishment of Travel Promotion Fund.--There is 
     hereby established in the Treasury a fund which shall be 
     known as the Travel Promotion Fund.
       (b) Funding.--
       (1) Start-up expenses.--For fiscal year 2010, the Secretary 
     of the Treasury shall make available to the Corporation such 
     sums as may be necessary, but not to exceed $10,000,000, from 
     amounts deposited in the general fund of the Treasury from 
     fees under section 217(h)(3)(B)(i)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to cover the 
     Corporation's initial expenses and activities under this Act. 
     Transfers shall be made at least quarterly, beginning on 
     October 1, 2009, on the basis of estimates by the Secretary, 
     and proper adjustments shall be made in amounts subsequently 
     transferred to the extent prior estimates were in excess or 
     less than the amounts required to be transferred.
       (2) Subsequent years.--For each of fiscal years 2011 
     through 2014, from amounts deposited in the general fund of 
     the Treasury during the preceding fiscal year from fees under 
     section 217(h)(3)(B)(i)(I) of the Immigration and Nationality 
     Act (8 U.S.C. 1187(h)(B)(i)(I)), the Secretary of the 
     Treasury shall transfer not more than $100,000,000 to the 
     Fund, which shall be made available to the Corporation, 
     subject to subsection (c) of this section, to carry out its 
     functions under this Act. Transfers shall be made at least 
     quarterly on the basis of estimates by the Secretary, and 
     proper adjustments shall be made in amounts subsequently 
     transferred to the extent prior estimates were in excess or 
     less than the amounts required to be transferred.
       (c) Matching Requirement.--
       (1) In general.--No amounts may be made available to the 
     Corporation under this section after fiscal year 2010, except 
     to the extent that--
       (A) for fiscal year 2011, the Corporation provides matching 
     amounts from non-Federal sources equal in the aggregate to 50 
     percent or more of the amount transferred to the Fund under 
     subsection (b); and
       (B) for any fiscal year after fiscal year 2011, the 
     Corporation provides matching amounts from non-Federal 
     sources equal in the aggregate to 100 percent of the amount 
     transferred to the Fund under subsection (b) for the fiscal 
     year.
       (2) Goods and services.--For the purpose of determining the 
     amount received from non-Federal sources by the Corporation, 
     other than money--
       (A) the fair market value of goods and services (including 
     advertising) contributed to the Corporation for use under 
     this Act may be included in the determination; but
       (B) the fair market value of such goods and services may 
     not account for more than 80 percent of the matching 
     requirement under paragraph (1) for the Corporation in any 
     fiscal year.
       (3) Right of refusal.--The Corporation may decline to 
     accept any contribution in-kind that it determines to be 
     inappropriate, not useful, or commercially worthless.
       (4) Limitation.--The Corporation may not obligate or expend 
     funds in excess of the total amount received by the 
     Corporation for a fiscal year from Federal and non-Federal 
     sources.
       (d) Carryforward.--
       (1) Federal funds.--Amounts transferred to the Fund under 
     subsection (b)(2) shall remain available until expended.
       (2) Matching funds.--Any amount received by the Corporation 
     from non-Federal sources in fiscal year 2010, 2011, 2012, 
     2013, or 2014 that cannot be used to meet the matching 
     requirement under subsection (c)(1) for the fiscal year in 
     which amount was collected may be carried forward and treated 
     as having been received in the succeeding fiscal year for 
     purposes of meeting the matching requirement of subsection 
     (c)(1) in such succeeding fiscal year.

     SEC. 5. TRAVEL PROMOTION FUND FEES.

       Section 217(h)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1187(h)(3)(B)) is amended to read as follows:
       ``(B) Fees.--
       ``(i) In general.--No later than September 30, 2009, the 
     Secretary of Homeland Security shall establish a fee for the 
     use of the System and begin assessment and collection of that 
     fee. The initial fee shall be the sum of--

       ``(I) $10 per travel authorization; and
       ``(II) an amount that will at least ensure recovery of the 
     full costs of providing and administering the System, as 
     determined by the Secretary.

       ``(ii) Disposition of amounts collected.--Amounts collected 
     under clause (i)(I) shall be credited to the Travel Promotion 
     Fund established by section 4 of the Travel Promotion Act of 
     2009. Amounts collected under clause (i)(II) shall be 
     transferred to the general fund of the Treasury and made 
     available to pay the costs incurred to administer the System.
       ``(iii) Sunset of travel promotion fund fee.--The Secretary 
     may not collect the fee authorized by clause (i)(I) for 
     fiscal years beginning after September 30, 2014.''.

     SEC. 6. ASSESSMENT AUTHORITY.

       (a) In General.--Except as otherwise provided in this 
     section, the Corporation may impose an annual assessment on 
     United States members of the international travel

[[Page 21196]]

     and tourism industry (other than those described in section 
     2(b)(1)(C) or (H)) represented on the Board in proportion to 
     their share of the aggregate international travel and tourism 
     revenue of the industry. The Corporation shall be responsible 
     for verifying, implementing, and collecting the assessment 
     authorized by this section.
       (b) Initial Assessment Limited.--The Corporation may 
     establish the initial assessment after the date of enactment 
     of the Travel and Tourism Promotion Act at no greater, in the 
     aggregate, than $20,000,000.
       (c) Referenda.--
       (1) In general.--The Corporation may not impose an annual 
     assessment unless--
       (A) the Corporation submits the proposed annual assessment 
     to members of the industry in a referendum; and
       (B) the assessment is approved by a majority of those 
     voting in the referendum.
       (2) Procedural requirements.--In conducting a referendum 
     under this subsection, the Corporation shall--
       (A) provide written or electronic notice not less than 60 
     days before the date of the referendum;
       (B) describe the proposed assessment or increase and 
     explain the reasons for the referendum in the notice; and
       (C) determine the results of the referendum on the basis of 
     weighted voting apportioned according to each business 
     entity's relative share of the aggregate annual United States 
     international travel and tourism revenue for the industry per 
     business entity, treating all related entities as a single 
     entity.
       (d) Collection.--
       (1) In general.--The Corporation shall establish a means of 
     collecting the assessment that it finds to be efficient and 
     effective. The Corporation may establish a late payment 
     charge and rate of interest to be imposed on any person who 
     fails to remit or pay to the Corporation any amount assessed 
     by the Corporation under this Act.
       (2) Enforcement.--The Corporation may bring suit in Federal 
     court to compel compliance with an assessment levied by the 
     Corporation under this Act.
       (e) Investment of Funds.--Pending disbursement pursuant to 
     a program, plan, or project, the Corporation may invest funds 
     collected through assessments, and any other funds received 
     by the Corporation, only in obligations of the United States 
     or any agency thereof, in general obligations of any State or 
     any political subdivision thereof, in any interest-bearing 
     account or certificate of deposit of a bank that is a member 
     of the Federal Reserve System, or in obligations fully 
     guaranteed as to principal and interest by the United States.

     SEC. 7. OFFICE OF TRAVEL PROMOTION.

       Title II of the International Travel Act of 1961 (22 U.S.C. 
     2121 et seq.) is amended by inserting after section 201 the 
     following:

     ``SEC. 202. OFFICE OF TRAVEL PROMOTION.

       ``(a) Office Established.--There is established within the 
     Department of Commerce an office to be known as the Office of 
     Travel Promotion.
       ``(b) Director.--
       ``(1) Appointment.--The Office shall be headed by a 
     Director who shall be appointed by the Secretary.
       ``(2) Qualifications.--The Director shall be a citizen of 
     the United States and have experience in a field directly 
     related to the promotion of travel to and within the United 
     States.
       ``(3) Duties.--The Director shall be responsible for 
     ensuring the office is carrying out its functions effectively 
     and shall report to the Secretary.
       ``(c) Functions.--The Office shall--
       ``(1) serve as liaison to the Corporation for Travel 
     Promotion established by section 2 of the Travel Promotion 
     Act of 2009 and support and encourage the development of 
     programs to increase the number of international visitors to 
     the United States for business, leisure, educational, 
     medical, exchange, and other purposes;
       ``(2) work with the Corporation, the Secretary of State and 
     the Secretary of Homeland Security--
       ``(A) to disseminate information more effectively to 
     potential international visitors about documentation and 
     procedures required for admission to the United States as a 
     visitor;
       ``(B) to ensure that arriving international visitors are 
     generally welcomed with accurate information and in an 
     inviting manner;
       ``(C) to collect accurate data on the total number of 
     international visitors that visit each State; and
       ``(D) enhance the entry and departure experience for 
     international visitors through the use of advertising, 
     signage, and customer service; and
       ``(3) support State, regional, and private sector 
     initiatives to promote travel to and within the United 
     States.
       ``(d) Reports to Congress.--Within a year after the date of 
     enactment of the Travel Promotion Act of 2009, and 
     periodically thereafter as appropriate, the Secretary shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation, the Senate Committee on Homeland 
     Security and Governmental Affairs, the Senate Committee on 
     Foreign Relations, the House of Representatives Committee on 
     Energy and Commerce, the House of Representatives Committee 
     on Homeland Security, and the House of Representatives 
     Committee on Foreign Affairs describing the Office's work 
     with the Corporation, the Secretary of State and the 
     Secretary of Homeland Security to carry out subsection 
     (c)(2).''.

     SEC. 8. RESEARCH PROGRAM.

       Title II of the International Travel Act of 1961 (22 U.S.C. 
     2121 et seq.), as amended by section 7, is further amended by 
     inserting after section 202 the following:

     ``SEC. 203. RESEARCH PROGRAM.

       ``(a) In General.--The Office of Travel and Tourism 
     Industries shall expand and continue its research and 
     development activities in connection with the promotion of 
     international travel to the United States, including--
       ``(1) expanding access to the official Mexican travel 
     surveys data to provide the States with traveler 
     characteristics and visitation estimates for targeted 
     marketing programs;
       ``(2) expanding the number of inbound air travelers sampled 
     by the Commerce Department's Survey of International 
     Travelers to reach a 1 percent sample size and revising the 
     design and format of questionnaires to accommodate a new 
     survey instrument, improve response rates to at least double 
     the number of States and cities with reliable international 
     visitor estimates and improve market coverage;
       ``(3) developing estimates of international travel exports 
     (expenditures) on a State-by-State basis to enable each State 
     to compare its comparative position to national totals and 
     other States;
       ``(4) evaluate the success of the Corporation in achieving 
     its objectives and carrying out the purposes of the Travel 
     Promotion Act of 2009; and
       ``(5) research to support the annual reports required by 
     section 202(d) of this Act.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Commerce 
     for fiscal years 2010 through 2014 such sums as may be 
     necessary to carry out this section.''.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

 CASS R. SUNSTEIN TO BE ADMINISTRATOR OF THE OFFICE OF INFORMATION AND 
     REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET--Continued


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, 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 nomination of 
     Cass R. Sunstein, of Massachusetts, to be Administrator of 
     the Office of Information and Regulatory Affairs, Office of 
     Management and Budget.
         Harry Reid, Joseph I. Lieberman, Mark Udall, Patrick J. 
           Leahy, Daniel K. Akaka, Richard Durbin, Sherrod Brown, 
           Patty Murray, Jeanne Shaheen, John F. Kerry, Robert 
           Menendez, Jack Reed, Mark Begich, Tom Harkin, Sheldon 
           Whitehouse, Ron Wyden, Kirsten E. Gillibrand.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Cass R. Sunstein, of Massachusetts, to be Administrator 
of the Office of Information and Regulatory Affairs, Office of 
Management and Budget, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The yeas and nays resulted--yeas 63, nays 35, as follows:

                      [Rollcall Vote No. 273 Ex.]

                                YEAS--63

     Akaka
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Boxer
     Brown
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Franken
     Gillibrand
     Gregg
     Hagan
     Harkin
     Hatch
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Voinovich
     Warner
     Whitehouse
     Wyden

[[Page 21197]]



                                NAYS--35

     Alexander
     Barrasso
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     Lincoln
     McCain
     McConnell
     Murkowski
     Pryor
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Vitter
     Webb
     Wicker
  The PRESIDING OFFICER. On this vote, the yeas are 63, the nays are 
35. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.


                         Letter of Resignation

  The Chair lays before the Senate the letter of resignation of Senator 
Mel Martinez of Florida.
  Without objection, the letter is deemed read and spread upon the 
Journal.
  The letter follows.

                                                  U.S. Senate,

                                Washington, DC, September 2, 2009.
     Hon. Joseph R. Biden, Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: I hereby give notice that I will retire 
     from the Office of United States Senator for the State of 
     Florida. I, therefore, tender my resignation effective at 
     5:00 p.m. on September 9, 2009.
           Sincerely,
                                                     Mel Martinez.

  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. KAUFMAN. Mr. President, there is not a quorum call, is there?
  The PRESIDING OFFICER. There is not.


                      Tribute To Christine Spicer

  Mr. KAUFMAN. Mr. President, I rise once again to speak about one of 
our Nation's great Federal employees. All of us here, along with our 
colleagues in the House, have returned from a busy work period. I know 
we, like all Americans, appreciate the extra day off we had on Monday 
to rest and recharge, to spend time with family, and to enjoy a 
barbecue. It is important, though, not to lose sight of what Labor Day 
represents.
  America was founded on the belief that if you work hard, you can 
achieve your dream. When American workers set themselves to a task, no 
challenge is too great.
  Since the 19th century, Labor Day has served as an opportunity to 
appreciate those who have made our economy the strongest in the world. 
Even with the challenges we face on Wall Street and on Main Street, I 
remain confident in our economy precisely because of our great workers.
  American workers built the canals and railroads that fueled the 
westward expansion of our early years. They labored in those first 
industrial factories, weaving textiles, smelting iron, and 
manufacturing new products. Our workers electrified America's cities 
and made possible our soaring skylines.
  Whenever they were called upon to serve, they laid down their tools 
and took up arms to defend liberty at home and overseas.
  Today, our workers produce microchips, complex machine parts, and 
quality products sold in markets worldwide. I know that American 
workers will continue to excel as we transition to a green economy.
  The history of labor in our country can be told through the stories 
of Americans who have worked hard because they dream of providing a 
decent life for themselves and their families.
  The great labor leader Samuel Gompers, when asked what motivated 
American workers to organize for better pay and conditions, said:

       We want more schoolhouses and less jails; more books and 
     less arsenals; more learning and less vice; . . . in fact, 
     more of the opportunities to cultivate our better natures.

  It took American workers many decades to win fair wages and safe 
working conditions. Today, the dedicated employees of the Department of 
Labor continue to ensure that American workers are safe, treated 
fairly, and have access to employment opportunities. This also includes 
a commitment to protecting workers' hard-won benefits.
  The men and women of the Department's Plan Benefits Security Division 
engage in legal proceedings to make certain that employees' rights 
under retirement income security legislation are upheld. It is a busy 
office, and its attorneys and staff work on behalf of our Nation's 
labor force and retirees.
  On July 4, 2006, Christine Spicer, who had worked as a secretary in 
the division for 25 years, suffered a debilitating stroke. It left her 
hearing and sight impaired and unable to walk. Unable to perform the 
office tasks she had done for a quarter of a century, Christine could 
have chosen to retire on disability.
  However, she was determined to return to work and keep serving the 
public. Christine engaged in a difficult course of physical, speech, 
and occupational therapy. She returned to work in 2007, and now serves 
as the lead secretary for the division chief--a job entailing great 
responsibility.
  Despite lingering problems with speech and difficulty walking, 
Christine oversees the division's payroll system, personnel paperwork, 
and a number of special assignments in addition to her secretarial 
role. She has been cited by her colleagues as disciplined and cheerful, 
and she is truly one of the Labor Department's unsung heroes.
  The employees of the Department of Labor continually serve American 
workers by safeguarding their right to a living wage and providing what 
our dear friend, the late Senator Ted Kennedy, called ``hope that the 
price of their employment'' is not ``an unsafe workplace and a death at 
an earlier age.''
  I call on my colleagues and on all Americans to join me in honoring 
Christine Spicer and all of the outstanding public servants at our 
Department of Labor.
  Mr. President, 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. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Bennet). Without objection, it is so 
ordered.
  Mr. DURBIN. Mr. President, I ask to speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. Mr. President, I rise today to express my strong support 
for the nomination of Cass Sunstein from Chicago, IL, to be 
Administrator of the Office of Management and Budget, Office of 
Information and Regulatory Affairs. It is a long title. But this office 
is critically important. It is the gateway for all the major Federal 
regulatory proposals that protect public health and the environment.
  The Administrator needs a demonstrated record of impartiality and 
openness. President Obama has made it clear that objective science will 
guide his administration in their Federal rules and regulations.
  Cass Sunstein is one of the Nation's most respected legal scholars 
who has shown a commitment to objective, evidence-based regulation. 
Cass Sunstein is a friend, he is a well-respected legal scholar, and he 
has taken insightful approaches to analyzing public policy. He has 
often proposed insightful ways to protect the public welfare, the 
environment, and worker safety.
  Until he was nominated by President Obama, he served as the Felix 
Frankfurter professor of law at Harvard University, where his research 
spanned administrative and constitutional law, behavioral economics, 
environmental law, and labor law. I know him best from the 27 years he 
served as a member of the faculty of the University of Chicago Law 
School, where he taught one of my sitting colleagues, Senator Amy 
Klobuchar, the senior Senator from Minnesota, and was a teaching 
colleague of the President of the United States.
  He has also served as attorney-adviser in the Office of Legal Counsel 
to the U.S. Department of Justice, law clerked for Justice Benjamin 
Kaplan of the Supreme Court of Massachusetts, and clerked for Supreme 
Court Justice Thurgood Marshall. His academic credentials are the best.
  His nomination has been endorsed by many groups and many Nobel Prize 
winners and many former OIRA Administrators. His professional record

[[Page 21198]]

indicates he would use his knowledge and experience to develop and 
implement smart, objective Federal policies and regulations.
  I am going to support him enthusiastically. I believe he will be 
honest in dealing with this critical office, an office which is often 
hidden from the public sight because it deals in the world of rules and 
regulations but one which can have a great impact on the future of this 
Nation. President Obama has chosen well. I hope the Senate will endorse 
his choice.


                              The Economy

  Mr. President, all of us understand we are in the midst of a 
recession. It has been known as the Great Recession, not as bad as the 
Great Depression, thank the Lord, but certainly not your average run-
of-the-mill economic downturn.
  Last week, the Labor Department reported that the unemployment rate 
has reached 9.7 percent, the highest we have had in 25 years. I 
remember the last time it was even higher because that was the year 
1982 when I was elected to Congress and the economy of my State was in 
terrible shape. The unemployment rate in Decatur, IL, where I was a 
candidate for Congress, was over 20 percent, and many communities had 
the same experience. I certainly hope this situation does not 
deteriorate to that level. There is evidence it is starting to turn for 
the better. But 216,000 Americans lost jobs last month, which brings 
the total number of jobs lost since this recession started in December 
of 2007 to 7 million Americans. Economists do not expect the job 
situation to stabilize until next year. So this Labor Day was not a 
great day of celebration for working Americans worried about their jobs 
and worried about their income.
  There is some hope that the economy is starting to turn. The 
administration expects to report this week that the stimulus bill, 
which we enacted earlier this year, will have created or saved 750,000 
jobs in just a few months. That is one reason the number of jobs lost 
in July was not as bad as other months. Mr. President, $300 billion of 
the stimulus money has been obligated or distributed through tax relief 
directly to working families. Those who come to the floor opposed to 
the President's stimulus bill are opposing his proposal which gave tax 
relief to working families. And $160 billion of that has already been 
spent, and more to follow, giving those families a fighting chance to 
deal with the expenses of daily life.
  In addition, the success of the recent Cash for Clunkers Program is 
expected to create or save 42,000 jobs over the second half of this 
year. We know this in Illinois because last week while I was home, 
while some of the political observers were criticizing cash for 
clunkers, the Chrysler plant in Belvidere, IL, announced it was going 
to bring back 850 employees and put them to work because the stock and 
inventory of Chrysler products had been depleted by this program. So 
don't tell me cash for clunkers did not breathe some life back into the 
automobile industry. There are 850 workers in Belvidere, IL, who could 
tell you just the opposite.
  Unfortunately, many sparks of economic regeneration are still being 
overwhelmed by the mutating disease at the center of our economic ills. 
If you remember, this recession really started in the housing market, 
and unfortunately it continues to grow there.
  As I pointed out many times in this Chamber, the economic crisis that 
began in the housing market is not going to get better and is not going 
to change until the housing markets in America stabilize. Families who 
are afraid they are going to lose their homes to foreclosure will not 
buy things they need. When families do not buy things, companies do not 
make things and people are laid off. It is just that basic. Since 12 
million people could lose their homes to foreclosure during this 
recession, there are a lot of people who could end up losing jobs, stop 
purchasing, creating even a deeper recession.
  Here is the tough part of where we are right now. It is now because 
people are losing their jobs that they are losing their homes. It is a 
vicious cycle. According to the Mortgage Bankers Association, 6 million 
loans were either past due or in foreclosure in the second quarter, the 
highest level ever recorded in the United States of America. Nearly one 
in eight borrowers is behind or in foreclosure, and well over half of 
these households in trouble are solid, sound borrowers. In Illinois, 14 
percent--one out of seven mortgages is in trouble since the second 
quarter of this year. And the scary part: we have not peaked yet when 
it comes to the foreclosure crisis. The reason? Millions of families 
are now underwater, meaning they owe more to the bank than their home's 
value.
  The best predictor of whether a house could fall into foreclosure is 
whether the homeowner has positive equity. Homeowners with a financial 
stake in keeping a home are far more likely to save it. The bad news, 
according to Deutsche Bank, is 14 million homeowners--over one-fourth 
of home borrowers in America--have negative equity; that is, over one-
fourth of all home borrowers are underwater with negative equity, and 
25 million homeowners, half of them, will be underwater when the prices 
stabilize in the first quarter of 2011. Home equity fell $5.9 trillion 
between 2005 and the end of 2008, likely to fall even further in 2009. 
These families are at serious risk of foreclosure. This is not a crisis 
that we pass through. Sadly, it is a crisis we are living through and 
entering into a new phase.
  One more problem: A new wave of mortgages is coming up later this 
year. These mortgages are facing a reset. They are called option arms. 
They are soon going to dwarf subprime loans in size. These loans 
allowed the borrowers to pick what they wanted to pay each month, even 
if they wanted to pay less than the principal amount owed. Forget the 
interest. Under these terms you didn't even have to keep up with the 
principal payments. Of course, you have to catch up when the initial 
reset hits.
  Fitch Ratings estimates $134 billion in option arms will reset in the 
next 2 years, even as unemployment remains high. What began as a risky 
subprime mortgage crisis has now morphed into a solid prime mortgage 
and crazy option-arm crisis. What began as an underwriting problem is 
now an income problem. What began as a rate reset challenge is now also 
a negative equity nightmare.
  If we want to turn this economy around, we must attack this problem 
with everything we have. Imagine this financial sector which dreamed up 
these ways of financing homes--luring people into homes that were way 
beyond them, now facing a recession and foreclosures on those same 
loans and mortgages--has now refused to cooperate in dealing with this 
issue. They have washed their hands of it. They have made their money 
and now they want to walk away from it.
  Sadly, what we are doing now in this country isn't enough. Two years 
after the cruelly named Hope Now Alliance was launched by then-
Secretary of the Treasury and the big banks, the response to this 
crisis is awful. As Congress has looked on with a hands-off attitude, 
millions of our constituents have been thrown out on the street by the 
same banks that drove us into this economic ditch. I give credit to the 
Obama administration for creating a targeted program called the Home 
Affordable Modification Program which, if implemented aggressively, 
could save at least some of the families at risk. But even this modest 
effort has been stymied by the absolute failure of the banks to 
aggressively implement it.
  Under this program the banks get paid--bribed really--with several 
thousand dollars for every mortgage they modify to keep families in 
their homes. Let me tell you what the data released by the Treasury 
Department this week tells us about this program which gave money to 
banks to renegotiate mortgages. Only 125,000 modifications under this 
program were started last month by the mortgage servicers, even though 
nearly 3 million homeowners were eligible for these modifications.
  Let me do the math--125,000 out of 3 million. If I understand that 
correctly, we are dealing roughly with \1/24\th of

[[Page 21199]]

those who were eligible for modification who actually got help. That is 
about 4 percent.
  Bank of America has started modifications with just 7 percent of 
their homeowners that were eligible; Wells Fargo, only 11 percent; 
American Home Mortgage Servicing has nearly 100,000 troubled borrowers 
eligible for mortgage modification offers yet less than 1 percent of 
these borrowers have even received an offer.
  The situation is deplorable. If the banks don't start offering money 
and modifications to these families, perhaps Congress needs to make the 
banks some offers they can't refuse. We have tried this voluntary 
approach for too long and it has failed. The banks are not voluntarily 
going to step up to this responsibility of negotiating and 
renegotiating a mortgage so people can stay in their homes. Maybe we 
should fine banks for not following the administration's plan rules. 
Maybe we should provide matching funds for States and municipalities 
that decide to require mandatory face-to-face arbitration between a 
bank and a homeowner before a bank can ask for a foreclosure. Maybe we 
should ensure families have the right to rent their home after a bank 
takes it over until the home can be sold. And maybe we should look 
again to changing the Bankruptcy Code to allow judges to help families 
save their primary loans.
  This is called cram-down by its critics, but it is a basic change in 
bankruptcy law, which I have brought to the floor of the Senate twice 
and lost. I lost because the banks said: Don't worry about it, we are 
going to take care of this. They are not. The situation is getting 
worse by the day.
  Last week I was in Chicago and went to an area known as Marquette 
Park on the south side of the city. I have been visiting that 
neighborhood for years. It has changed a lot. Originally it was an area 
where many Lithuanian Americans settled. My mother was an immigrant 
from Lithuania, and I used to take her there when she was alive. We 
would go to the bakeries and restaurants, and it was a wonderful 
neighborhood. It has changed many times. It is now primarily a Black 
and Hispanic neighborhood. As you visit some of the folks who have 
lived in that neighborhood for 10, 15, 20 years now, you see a lot of 
proud homeowners.
  I met a family--a man who said he had been in his home 19 years. 
Obviously, he was retired. His wife was there. They had a well kept, 
neat yard. I talked to him about his street because right across the 
street from him was an eyesore that no one would want to wake up to 
every morning. It was a brand-new home built and abandoned about 2 
years ago. It had been boarded up and vandalized. They had ripped out 
all the copper plumbing and anything they could take out of it. It was 
a home that, sadly, had become a haven for homeless people and 
vagrants, drug activity, and gangs. Welcome to my neighborhood.
  I thought about this poor man, who had devoted his whole life to his 
little home that he loved, and that he and his wife were keeping so 
neat, now had to look across the street to that mess every morning for 
2 straight years. It wasn't the only home on the block. Three doors 
down there was another one, all boarded up and falling apart; a few 
doors down the other direction, exactly the same thing.
  I went through this area with a community group called SWOP--
Southwest Organizing Project. They work with a lot of churches and 
individuals trying to keep people in their homes. I asked: What is the 
problem? Well, they said, we have some major banks that are holding 
these mortgages in foreclosure and won't lift a finger.
  Deutsch Bank, you hear about Deutsch Bank. Don't they sponsor tennis 
or golf or something? I can't keep up with their image building. But I 
can tell you they are not building their image in this neighborhood in 
Chicago. They are nowhere to be found. They are not even talking to 
these people about their homes.
  U.S. Bank out of Minnesota, another situation, similar situation. We 
don't have buy-in by these banks to help these families. They would 
much rather let these homes go into foreclosure--bank ownership, as 
they call it--and sit there rotting, destroying these good 
neighborhoods in the city of Chicago, bringing down the value of the 
homes around them, creating crime havens for those who use these 
abandoned homes. They are nowhere to be found.
  What is the answer, Mr. President? The answer is we have asked these 
banks and many others to volunteer to solve the problem. Guess what. 
There aren't enough hands going up, not enough banks volunteering. A 
few of them are starting to try, and I want to give credit to Bank of 
America, which is working with SWOP and others to try to renegotiate 
mortgages, but it is still a halfhearted effort. They could do a lot 
more.
  I could go through the long list of banks, including banks that I 
have worked with in the past and thought pretty highly of. They aren't 
getting involved. There is no reason for them to because our government 
and our Congress tell them they do not have to, and they do not. Well, 
that has to change.
  All told, I hope this economy recovers quickly and that Americans can 
get back to work. I don't think it is going to happen until the housing 
market stabilizes. If the banks will not help us get that done on their 
own, it is time to consider something radical--a change in the law. 
Where would be a good place to start with the change in the law? How 
about the Senate? How about the Senate making the Bankruptcy Code so 
that a judge can say to that bank owning that home: Incidentally, the 
last stop in bankruptcy is my courtroom. If you don't sit down and 
negotiate with that homeowner, who still has a job and still can make a 
payment, this court is going to impose new terms in terms of principal 
and interest.
  Does that sound like a radical idea? It is not radical if you are 
talking about a second home because the bankruptcy court can already do 
that. It is not radical if you are talking about a vacation home 
because a bankruptcy court can already do it. But under our law they 
cannot touch that primary residence. It is a bad idea, and as a result 
the banks and their lobbyists have prevailed twice on the floor of the 
Senate. They rolled over this effort to reform, and they sit there and 
watch America's neighborhoods, America's communities, America's towns 
and cities deteriorating before our eyes.
  Well, the lesson is clear for the Obama administration, for Secretary 
Geithner, and others. Waiting for these banks to act voluntarily, to 
show good faith in dealing with our foreclosure crisis is not paying 
off. It is time for the Senate to step forward, show its own leadership 
when it comes to dealing with this national housing crisis.

                          ____________________




                            MORNING BUSINESS

  Mr. DURBIN. Mr. President, I ask unanimous consent the Senate proceed 
to a period for morning business, with Senators permitted to speak for 
up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                   COMMENDING THE SECRETARY OF STATE

  Mr. FEINGOLD. Mr. President, I commend Secretary Clinton on her visit 
to Africa last month. Over 11 days, Secretary Clinton traveled to 
several of the most influential countries on the continent and directly 
addressed some of the most sensitive and critical issues facing them 
and their neighbors. It was one of the most, if not the most, ambitious 
trips by a Secretary of State to sub-Saharan Africa in U.S. history. 
This trip, combined with President Obama's visit earlier this year to 
Ghana, sends a strong signal that the administration is committed to 
making Africa not only a priority, but also an integral part of overall 
U.S. foreign policy. The challenge going forward is to sustain a high 
level of engagement with each of the countries that Secretary Clinton 
visited and back up that engagement with resources that can make a 
tangible difference.
  On her first stop in Kenya, I am glad that Secretary Clinton took a 
strong

[[Page 21200]]

stand against extrajudicial killings, corruption, and the continued 
failure to prosecute those most responsible for violence after the 
December 2007 election. As Secretary Clinton said, these conditions are 
holding Kenya back from realizing its potential. Worse yet, if these 
conditions persist, we could see a renewal of violence, especially in 
the run-up to Kenya's next elections set for 2012. Together with other 
international partners, we need to keep pressing Kenya's leaders to 
deliver on the reforms they have pledged, beginning with reform of the 
police and judiciary. At the same time, we should prepare targeted 
assistance that can be provided as soon as initial steps are taken 
toward those reforms. The United States and Kenya have longstanding and 
historic ties, and we need to help Kenyans get through this difficult 
period.
  While in Nairobi, I am also pleased that Secretary Clinton focused on 
the dangerous situation in neighboring Somalia and met with President 
Sheik Sharif of Somalia's beleaguered Transitional Federal Government, 
the TFG. I have long urged the Obama administration to engage with 
Sharif at a high level and I am glad that the administration is finally 
doing this, as well as taking seriously the threat posed by al Shebaab, 
an extremist group with ties to alQaida. However, going forward, we 
cannot repeat the mistake of focusing too narrowly on short-term gains 
in Somalia without a long-term strategy. As we help the TFG combat 
insurgents, we simultaneously need to help it to advance political 
reconciliation and deliver critically needed basic services. The TFG's 
ultimate success rests on whether it can establish a viable government 
that is perceived as legitimate and inclusive, representative of and 
responsive to the Somali people.
  Secretary Clinton traveled next to South Africa. Over recent years, 
our relationship with South Africa has cooled considerably, undermining 
our ability to coordinate and work together on issues of mutual 
interest. Yet I believe there is an opportunity now to reverse that 
trend with our new administration and South Africa's new administration 
under President Jacob Zuma. I am pleased that Secretary Clinton seized 
upon that opportunity with her visit, committing to deepening and 
broadening our bilateral relationship in a range of areas from HIV 
prevention to nuclear nonproliferation to climate change. Moreover, she 
talked with South Africa about how we can better coordinate our efforts 
to address regional challenges, beginning with the situation in 
Zimbabwe. We need to institutionalize such coordination, while 
continuing to encourage South Africa to be a leader in human rights and 
peacebuilding on the continent.
  Secretary Clinton's next stop was Angola, a country that is quickly 
becoming an economic powerhouse and regional leader. As Angola 
continues to rebuild from decades of civil war, there is a new openness 
to engaging with the United States, especially as the government seeks 
to diversify their economy. I am pleased that Secretary Clinton seized 
upon this potential by visiting Angola and committed to a 
``comprehensive strategic partnership.'' She agreed to expand our 
engagement not only in the areas of trade and agriculture, but also in 
health, education and governance. Governance is particularly important 
because while Angola has taken some positive steps to increase 
transparency and efficiency, there is still a long way to go. To that 
end, I am especially glad that Secretary Clinton spoke to the Angolan 
National Assembly about its role in demanding accountability and 
transparency, and standing against corruption and abuses of power. We 
need to continue to engage on these issues and encourage Angola's 
democratization process.
  Secretary Clinton next traveled to the Democratic Republic of Congo, 
with a visit to the eastern city of Goma. I applaud her for choosing to 
focus on the crisis in the eastern Congo, which has gone neglected for 
too long despite its unrivaled human toll and the unspeakable levels of 
sexual violence. Secretary Clinton committed to new efforts to help 
prevent and respond to the high levels of gender and sexual violence, 
while also recognizing the need to address the root causes of Congo's 
crisis, including the exploitation of natural resources by armed 
groups. Taking action to address those underlying causes is difficult, 
but essential. Senators Brownback, Durbin and I have introduced 
legislation that would commit the United States to do more on conflict 
minerals, and I look forward to working with the administration in this 
regard. I also look forward to working with the administration to help 
bring an end to the increasing violence by the Lord's Resistance Army 
in northeastern Congo.
  Following Congo, Secretary Clinton's next stop was Nigeria--a 
critically important country in sub-Saharan Africa and a strategic 
partner and major source of oil imports to the United States. I 
continue to be very concerned about the direction in which Nigeria is 
heading, especially with regards to corruption and the rule of law. I 
am glad that Secretary Clinton touched on these issues, and we must 
continue to press for meaningful reforms to enhance government 
transparency, accountability and the independence of the election 
commission. In addition, I am pleased that Secretary Clinton discussed 
the unresolved crisis in the Niger Delta and pledged to review how we 
might better assist the government's efforts to promote stability 
there. I look forward to working with her as well in that regard. 
However, to be successful, the Nigerian government must expand its 
current amnesty offer to a broader peace process that includes measures 
to address the marginalization and underdevelopment of the region.
  Secretary Clinton traveled then to Liberia, a country with which we 
have historic ties. Secretary Clinton was right to highlight the 
progress that Liberia has made since its civil war, while also speaking 
frankly about the challenges that the country continues to face. I am 
glad that she chose to speak at the Liberian National Police Academy 
and pledged new funds for police training. While great strides have 
been made in reforming Liberia's military, there is still great need to 
improve the capacity and professionalism of its police force. In 
addition, Secretary Clinton focused on corruption and spoke directly 
about this in a speech to the National Legislature. We need to continue 
to work with all parts of the Liberian government to guard against 
corruption and other abuses, both in their democratic process and in 
its management of the country's rich natural resources, especially 
timber.
  Finally, Secretary Clinton visited Cape Verde, a country that has 
made great progress in terms of both economic growth and 
democratization. Cape Verde provided a perfect backdrop to reiterate 
the two major themes of her trip: first, that America believes in 
Africa's promise, and second, that Africa's future is ultimately in the 
hands of Africans. Secretary Clinton delivered these messages 
powerfully and I believe they can be the foundation for a new era of 
U.S. engagement and partnerships with Africa. The challenge going 
forward is to give substance to these words and the commitments that 
were made throughout Secretary Clinton's trip. I look forward to 
working with her and the administration to do this. It will not by easy 
and it will require sustained engagement, greater diplomatic capacity, 
and new targeted resources. But if we get this right, I strongly 
believe the benefits for Americans and Africans can be immense in terms 
of our security and prosperity.

                          ____________________




                    FETAL ALCOHOL SPECTRUM DISORDER

  Ms. MURKOWSKI. Mr. President, I rise today to honor this Wednesday, 
September 9, National Fetal Alcohol Spectrum Disorders Day which 
recognizes those individuals born with a continuum of serious, life-
long disorders caused by prenatal exposure to alcohol, which include 
fetal alcohol syndrome, alcohol-related neurodevelopmental disorders, 
and alcohol-related birth defects.

[[Page 21201]]

  Studies show that 50 percent of pregnancies in the United States are 
unplanned and many women consume alcohol before they realize they are 
pregnant, resulting in 40,000 children every year being born with fetal 
alcohol spectrum disorders and subject to a lifetime of cognitive and 
behavioral impairments. Tragically, Alaska has the highest rate of 
fetal alcohol spectrum disorders in the Nation. Among Alaskan Native 
communities, the rate is 15 times higher than non-Native areas in the 
State. Prenatal alcohol exposure can result in low IQ and difficulties 
with learning, memory, attention, and problem-solving as well as 
impairment of mental health and social interactions. Prenatal alcohol 
exposure can also result in growth retardation, birth defects involving 
the heart, kidney, vision and hearing, and a characteristic pattern of 
facial abnormalities. The lifetime health costs for an individual with 
fetal alcohol syndrome are estimated at $1.4 million for medical care 
and treatment interventions. In the United States, approximately $9.7 
billion is spent annually for individuals afflicted with FASD, 
according to government reports.
  There is a great need for research, surveillance, prevention, 
treatment, and support services for individuals with fetal alcohol 
spectrum disorders and their families. It is for these reasons that I 
rise today to dedicate this Wednesday, September 9 as National Fetal 
Alcohol Spectrum Disorders Day. All Americans are encouraged to promote 
awareness of the effects of prenatal exposure to alcohol; to increase 
compassion for individuals affected by prenatal exposure to alcohol; to 
minimize further effects of prenatal exposure to alcohol; and most 
importantly to bring greater awareness to a disease that is 100 percent 
preventable!
  On behalf of the millions of individuals suffering from the lasting 
and detrimental effects of fetal alcohol spectrum disorders and 
advocates for eliminating FASD, I encourage all Americans to observe a 
moment of reflection on the ninth hour of September 9, to remember that 
during the 9 months of pregnancy a woman should not consume any 
alcohol.
  Mr. JOHNSON. Mr. President, today I rise to recognize September 9, 
2009, as National Fetal Alcohol Spectrum Disorders Awareness Day. Fetal 
Alcohol Spectrum Disorders, FASD, is an umbrella term describing the 
varied range of alcohol-related birth defects that may result from the 
use of alcohol during pregnancy. The effects of this disorder may be 
mental, behavioral, and/or involve learning disabilities. FASD is the 
leading known cause of preventable cognitive impairment in America. It 
is estimated FASD affects 1 in 100 live births each year.
  I have great concern about the impact in South Dakota and across the 
country of FASD. We must move past the stigma of this devastating 
disease to truly help those and their families who are affected by FASD 
get the health, education, counseling and support services they need 
and deserve. We must also address the tragedy of FASD at the source, by 
increasing awareness that any amount of alcohol during pregnancy can 
have heartbreaking, lifelong effects. We must work to ensure this is 
understood by all women of childbearing age and that treatment and 
counseling services are available for these women.
  One of the most distressing facts regarding FASD is that it is 
entirely preventable. I have joined several of my colleagues in the 
Senate to introduce a resolution designating September 9, 2009, as 
National FASD Awareness Day. It is my hope these efforts progress 
toward global awareness of FASD and an end to this destructive disease.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                       50TH ANNIVERSARY OF NASCOE

 Mr. ALEXANDER. Mr. President, this year the National 
Association of Farm Service Agency County Office Employees, NASCOE, is 
celebrating its 50th anniversary. NASCOE was founded in Memphis, TN, in 
1959 in an effort to provide a nationwide association through which 
county committee employees of the Agricultural Stabilization and 
Conservation Service, ASCS, could render better service to American 
agriculture by having a national network for the exchange of ideas and 
information and to facilitate closer cooperation in working toward 
solution of mutual problems.
  In the USDA Reorganization Act of 1994, Congress combined the ASCS, 
the Federal Crop Insurance Corporation, and the agricultural lending 
programs of the Farmers Home Administration into a single Farm Service 
Agency. Today, NASCOE continues to represent the county office 
employees of the ``new'' FSA. In Tennessee last year, 250 NASCOE 
employees provided valuable assistance to 90,000 producers through a 
wide range of Federal programs from conservation to price support and 
helped them cope in times of emergency and disaster.
  I think we can all recognize the value of the local Farm Service 
Agency office to farmers and ranchers, and I commend NASCOE on its 
dedication to FSA county employees and the farmers they serve. I 
congratulate NASCOE on its 50th anniversary and hope that they will 
continue to assist in conserving and improving our Nation's natural 
resources and agriculture industry.

                          ____________________




                  REMEMBERING JUDGE ROBERT M. TAKASUGI

 Mrs. BOXER. Mr. President, I take this opportunity to honor 
the life of Judge Robert M. Takasugi, the first Japanese American 
appointed to the Federal bench. Judge Takasugi passed away on August 7, 
2009, at the age of 78.
  Robert Takasugi was born in Tacoma, WA, on September 12, 1930, to 
Japanese parents who had immigrated to the United States in search of a 
better life. His family moved to Los Angeles in 1942 in the wake of 
anti-Japanese sentiment following the Pearl Harbor attack. That same 
year, Robert and his parents were sent to an internment camp at Tule 
Lake, CA, 3 of 130,000 Japanese Americans who were interned during the 
war. In the years since, Judge Takasugi often called the experience 
``an education to be fair.''
  After being released from the internment camp in 1945, Robert 
returned to Los Angeles where he resumed his studies and graduated from 
Belmont High School. He went on to earn a bachelor's degree from UCLA 
in 1953. Robert was then drafted into the U.S. Army during the Korean 
War, where he served as a criminal investigator. Upon discharge, he 
went on to earn a law degree from USC in 1959 with the aid of the G.I. 
bill.
  After graduating from USC, Robert joined his only Latino classmate, 
future Superior Court Judge Carlos Velarde, and together they opened a 
law practice in East Los Angeles. The firm represented many indigent 
minorities, including arrestees from the 1965 Watts riots, East Los 
Angeles riots, and other civil rights demonstrators in the 1960s.
  Robert's first judicial appointment, by then-Governor Ronald Reagan, 
landed him on the Los Angeles Municipal Court in 1973. Two years later, 
then-Governor Jerry Brown promoted him to the Los Angeles County 
Superior Court and in 1976, Judge Takasugi became the first Japanese 
American to be appointed to the Federal bench after being named by 
President Gerald Ford.
  Throughout his career, Judge Takasugi was known for his fairness and 
compassion. In his spare time, he served as a mentor to thousands of 
young lawyers. He founded a free bar review course, which he taught 
from his living room for many years, for students who were having 
trouble passing the bar exam. In 1999, the Robert M. Takasugi Public 
Interest Fellowship was created by his colleague to honor Judge 
Takasugi and ensure that his courage and vision of equal justice are 
carried out by generations to come.
  Judge Takasugi was a trailblazer for Asian Americans in the field of 
law. His dedication to justice and equality was evident in everything 
that he did throughout his 36-year judicial career on the Federal 
bench. His many years of service to the City and County of Los Angeles, 
to the State of California, and to our Nation will not be forgotten.
  Judge Takasugi is survived by his wife Dorothy; his son Jon; his 
daughter

[[Page 21202]]

Lesli; and his two grandchildren. I extend my deepest sympathies to his 
family.
  Whether he was fighting for our country or fighting for integrity and 
equality under the law, Judge Robert Takasugi was undeterred in his 
efforts to make America a better place to live. He will be missed by 
all who knew him. We take comfort in knowing that future generations 
will benefit from his passion and dedication to justice.

                          ____________________




        75TH ANNIVERSARY OF THE SAN FRANCISCO VA MEDICAL CENTER

 Mrs. BOXER. Mr. President, I ask my colleagues to join me 
today in honoring the San Francisco VA Medical Center, SFVAMC, on the 
occasion of its 75th anniversary. Since its official dedication on 
November 11, 1934, the SFVAMC has been honoring America's veterans by 
providing them with accessible, quality health care. Today the center 
provides state-of-the-art medical, neurological, surgical, and 
psychiatric care for the more than 310,000 veterans living in northern 
California.
  Were it not for the leadership and persistence of Congresswoman 
Florence P. Kahn, the SFVAMC might never have come to be. Congresswoman 
Kahn was the first Jewish woman to serve in the U.S. Congress, and the 
fifth woman ever to serve in Congress. She was also the first woman to 
serve on the House Military Affairs Committee. In 1930, Congresswoman 
Kahn made an appeal to the Federal Board of Hospitalization--the 
precursor to the Veterans Administration--to build a veterans hospital 
in San Francisco. At the time, the only facility for veterans in 
California was in Los Angeles. Congresswoman Kahn recognized that 
veterans in the northern part of the state were in dire need of 
services, and worked tirelessly to garner support for building a 
medical center in San Francisco. I would like to acknowledge and honor 
the work of Congresswoman Kahn, as her efforts have ultimately improved 
the lives of countless American veterans.
  Today the SFVAMC serves veterans in Marin, Napa, Sonoma, Lake, 
Mendocino, Humboldt, San Mateo, and San Francisco counties. The center 
operates five community-based outpatient clinics that provide primary 
and mental health care. These clinics offer a variety of services, 
including those that place veterans in supportive housing, provide case 
management, and offer individual and vocational counseling.
  In addition to providing direct care, the SFVAMC hosts some of the 
largest funded research programs in the Veterans Health Administration. 
The Center for Imaging of Neurodegenerative Diseases, for example, 
works to develop treatments to prevent the development and slow the 
progression of neurodegenerative diseases such as Alzheimer's, 
Parkinson's, vascular dementia, post traumatic stress disorder, gulf 
war illness, depression, and other conditions associated with nerve 
loss in the brain.
  Thanks to the Center for Imaging Neurodegenerative Diseases, the 
SFVAMC's three Medical Science Research Enhancement Award Programs, and 
partners such as the Veterans Health Research Institute, the SFVAMC is 
at the forefront of medical research and is working to extend and 
improve the lives of veterans across the country.
  I applaud the staff and volunteers at the SFVAMC for the tremendous 
service they have provided to our veterans since 1934, and offer my 
best wishes for many more successful years of delivering care and 
advancing medical research. Please join me in celebrating the 75th 
Anniversary of the SFVAMC.

                          ____________________




                       REMEMBERING KENNETH BACON

 Mr. KERRY. Mr. President, as an accomplished journalist who 
served as spokesman for two Secretaries of Defense, Ken Bacon crafted a 
unique and forceful voice.
  Then, as President of Refugees International, he lent that voice to 
those who needed it most.
  When he died last month, the powerful and the destitute alike lost a 
trusted and beloved friend.
  Ken Bacon was famously bespectacled, bow-tied, warm and whip-smart. 
He was someone who commanded your respect and won your affection in 
equal measure.
  As a young intern, Bacon launched his journalistic career with a 
front-page Wall Street Journal story about a new car repair system that 
one mechanic had called ``the greatest thing since girls.'' In the 
decades that followed, he went on to cover the Federal Reserve, the 
Securities and Exchange Commission and the Pentagon. Bacon was also a 
talented editor who never stopped writing on a dazzlingly wide array of 
topics, from banking reform to a crack addict's rehabilitation. In the 
last months of his life, he also wrote movingly and pointedly about 
health care reform and his struggles with the melanoma that eventually 
took his life.
  Bacon's conscientious work earned the admiration of those he reported 
on. Defense Secretary William Perry finally convinced him to work from 
the other side of the podium. Bacon was unfailingly well-prepared, 
using the same skills that made him a standout reporter to anticipate 
reporters' questions and offer satisfyingly detailed answers.
  He excelled as a spokesman because he never lost his respect for his 
former colleagues or for the truth. When things got tough, he did not 
revert to hollow spin or talking points designed to misdirect. He was 
not interested in ``gotcha games.'' Ken Bacon became a Pentagon 
spokesman because he believed he had an obligation to inform the 
public, and he took that duty seriously.
  It was as Pentagon spokesman that Ken first encountered the problem 
that would become his defining passion and the capstone on his life's 
work. In 1999, he visited a refugee camp during a trip to the Balkans 
with Defense Secretary William Cohen. What he saw changed the last 
decade of his life--not to mention the lives of the countless refugees 
he helped.
  Ken Bacon was transformed by the plight of those who had lost their 
homes to war. When he left the Pentagon, he became President of 
Refugees International in 2001.
  Beneath his intellectual demeanor, Ken Bacon always had a sweet side. 
He fought for people displaced from their homes by war, civil conflict, 
famine, and drought. This mission gave Bacon's life new meaning, and it 
gave the refugee community a very powerful champion.
  Ken Bacon's stellar reputation, his influence in a city that depends 
on known commodities, and his Pentagon credentials proved to be 
enormously helpful in calling attention to the plight of the 
powerless--including the humanitarian advocates who struggled to be 
heard in official Washington. Bacon's name and his voice lent 
legitimacy to causes too easily overlooked by those accustomed to 
defining America's mission abroad based on a very narrow definition of 
our security and our interests. Ken understood that our shared humanity 
belonged at the very center of that conversation--and he used his 
unique talents and energy to ensure that it was.
  He saw the impressive effort to care for European refugees in the 
former Yugoslavia, and he wanted to ensure that it became the rule 
worldwide--not the exception. Ken visited refugee camps in forgotten 
corners of the world, from Cambodia to Colombia. He wanted to make sure 
that no refugee--anywhere slipped through the cracks.
  Ken Bacon was tireless. Essays, speeches, press conferences, advocacy 
he threw himself into his work and refugees everywhere benefitted.
  Ken's newsroom training and strategic thinking often put him ahead of 
the curve. He sounded an early alarm about the genocide in Darfur. He 
was also a forceful champion for Iraqi refugees--first decrying our 
neglect, and then urging on our actions as the State Department's 
funding for Iraqi refugees increased tenfold between 2006 and 2008.
  Our sympathies are with Darcy, Ken's wife of 43 years; with his 
daughters Sarah and Katherine, to whom he was absolutely devoted, and 
with his father, brother and two grandchildren.

[[Page 21203]]

Ken Bacon gave voice to the voiceless. All who were fortunate enough to 
know him will miss him greatly. Many who never met him have benefitted 
from his work, and many more will continue to do so.
  Recently, Ken and his wife Darcy raised the seed money for a new 
Refugees International center to address ``the needs of the tens of 
millions expected to be displaced by climate change.'' The Ken and 
Darcy Bacon Center for the Study of Climate Displacement will 
undoubtedly be a valuable voice in raising attention to what is poised 
to become a staggering refugee crisis in the years to come. We only 
wish that Ken were still with us to help us meet this new challenge.
  In newsrooms and humanitarian organizations, in windswept tent cities 
forgotten by most but never forsaken by Ken, an exceptional, exemplary 
life is being retold, mourned, and celebrated.

                          ____________________




                       CONGRATULATING MARK DAVIS

 Mr. LIEBERMAN. Mr. President, I would like to offer my sincere 
congratulations to Mr. Mark Davis of Granby, CT, for his 25 years of 
service in television news on WTNH Channel 8 in Connecticut. Mark has 
been ``on the air'' throughout our State in a variety of capacities 
over the years, and we honor him today for his generous spirit and his 
impeccable commitment to impartial and informative journalism.
  With more than 35 years of broadcasting experience, Mark has taken an 
evenhanded approach to the news that he delivers with the kind of 
``plain talk'' that engages a broad audience across our State. Mark 
made his first splash in Connecticut with his acclaimed radio show 
``Dial Mark Davis'' and later as the host of Connecticut's first 
morning news show, ``Good Morning Connecticut.'' He has been awarded 
several Emmys throughout his career and each stands as a testament to 
his talent and hard work.
  Mark has said one of his favorite quotes of all time comes from U.S. 
Supreme Court Justice, Oliver Wendell Holmes, who said that so much in 
life is more nuanced than it seems because it is ``determined by the 
majority and subject to change.'' This attitude captures, in many ways, 
what makes Mark's reporting fresh and relevant: though we live in a 
world where constant and often polarized judgments are made, in the 
end, nearly everyone and everything is subject to change. Mark's 
careful and nuanced presentation of the news reminds us of this 
important lesson.
  Mark Davis is a fairminded and evenhanded journalist. That is one big 
reason why Connecticut citizens have named him the best television 
reporter in the State, according to Connecticut Magazine. Mark 
understands, as the best journalists do, that to be a journalist is to 
bear witness, and that is no easy task.
  Mark has a special place in the hearts and minds of Connecticut 
citizens. He performs an essential service that is essential to our 
democratic and liberal society. I am proud to have worked with Mark 
over the years, to have shared many of the big moments of my career 
with him, and now to thank and honor him for his continued service to 
Connecticut.

                          ____________________




                       REMEMBERING DAVID A. BAKER

 Mrs. SHAHEEN. Mr. President, I wish to express my sympathy 
over the loss of Newton, NH, Deputy Fire Chief David A. Baker. 
Following more than five decades of distinguished public service, 
Deputy Baker lost his battle with cancer.
  Deputy Baker exemplified a life lived for others. His devotion to the 
greater Newton community could be seen following the crippling ice 
storm of December 2008. Despite suffering from severe pain caused by 
his yet to be discovered cancer, Deputy Baker was instrumental in 
coordinating efforts to help his community respond and recover from 
this major natural disaster.
  Deputy Baker's service can be neither overstated nor limited to his 
work with the Newton Fire Department. During the summer, Deputy Baker, 
who also owned a successful tree service business, would close his 
business to help fight wildfires across the United States and Canada in 
his capacity as a western wildland firefighter. Additionally, he served 
his State and country as a member of the National Guard in his younger 
days.
  Deputy Baker was always eager to share his loves of fire service and 
forestry with others. He would often sacrifice his own time for the 
benefit of others. You could often find him helping students study for 
an exam or teaching a class on fire attack. Deputy Baker's role as a 
mentor was something he held in high esteem, and by the number of 
firefighters and uniformed personnel who attended his funeral, it is 
clear that others also had a great deal of respect for what he 
accomplished.
  New Hampshire is proud of citizens such as Deputy Chief David Baker, 
and his countless actions are worthy of this distinction. He will be 
missed dearly by all those who knew him, and his generosity will be 
missed by all.
  I ask my colleagues to join me and all Americans in honoring Newton, 
NH, Deputy Fire Chief David A. Baker.

                          ____________________




                     REMEMBERING SEPTEMBER 11, 2001

 Mr. ROCKEFELLER. Mr. President, 8 years since one of the most 
devastating attacks in our Nation's history, we still feel the pain and 
horror of that terrible day. We will never forget the nearly 3,000 
lives lost on September 11, 2001, innocent victims of a heinous and 
cowardly terrorist attack on our country. We will be forever grateful 
to the countless first responders and fire fighters who courageously 
risked their lives to save so many.
  In the wake of such a horrific tragedy, we came together to share our 
loss and seek a greater purpose. Our Nation was founded on the most 
enduring values of freedom, liberty, and opportunity that have made us 
resilient during even the greatest trials. We must continue to call on 
that great strength today, even as we continue to grieve for those we 
lost.
  In West Virginia, we remember Dr. Paul Ambrose of Barboursville and 
Mary Lou Hague of Parkersburg. Their lives were taken too soon and 
their families remain in our hearts and prayers forever. I know that 
not even time can lessen the emptiness and pain they must feel.
  For them, and so many others--parents and children, brothers, 
sisters, and friends, loved ones who died so needlessly--we pledge to 
keep our people safe, make our country stronger than ever before, and 
honor their memories always.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mr. Williams, 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 and a treaty which were referred to the appropriate 
committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




    PRESIDENT'S ADDRESS DELIVERED TO A JOINT SESSION OF CONGRESS ON 
      SEPTEMBER 9, 2009 RELATIVE TO HEALTH CARE LEGISLATION--PM29

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States which was which was ordered to 
lie on the table:

To the Congress of the United States:
  When I spoke here last winter, this Nation was facing the worst 
economic crisis since the Great Depression. We were losing an average 
of 700,000 jobs per month. Credit was frozen. And our financial system 
was on the verge of collapse.
  As any American who is still looking for work or a way to pay their 
bills will

[[Page 21204]]

tell you, we are by no means out of the woods. A full and vibrant 
recovery is many months away. And I will not let up until those 
Americans who seek jobs can find them; until those businesses that seek 
capital and credit can thrive; until all responsible homeowners can 
stay in their homes. That is our ultimate goal. But thanks to the bold 
and decisive action we have taken since January, I can stand here with 
confidence and say that we have pulled this economy back from the 
brink.
  I want to thank the members of this body for your efforts and your 
support in these last several months, and especially those who have 
taken the difficult votes that have put us on a path to recovery. I 
also want to thank the American people for their patience and resolve 
during this trying time for our Nation.
  But we did not come here just to clean up crises. We came to build a 
future. So tonight, I return to speak to all of you about an issue that 
is central to that future--and that is the issue of health care.
  I am not the first President to take up this cause, but I am 
determined to be the last. It has now been nearly a century since 
Theodore Roosevelt first called for health care reform. And ever since, 
nearly every President and Congress, whether Democrat or Republican, 
has attempted to meet this challenge in some way. A bill for 
comprehensive health reform was first introduced by John Dingell Sr. in 
1943. Sixty-five years later, his son continues to introduce that same 
bill at the beginning of each session.
  Our collective failure to meet this challenge--year after year, 
decade after decade--has led us to a breaking point. Everyone 
understands the extraordinary hardships that are placed on the 
uninsured, who live every day just one accident or illness away from 
bankruptcy. These are not primarily people on welfare. These are 
middle-class Americans. Some can't get insurance on the job. Others are 
self-employed, and can't afford it, since buying insurance on your own 
costs you three times as much as the coverage you get from your 
employer. Many other Americans who are willing and able to pay are 
still denied insurance due to previous illnesses or conditions that 
insurance companies decide are too risky or expensive to cover.
  We are the only advanced democracy on Earth--the only wealthy 
nation--that allows such hardships for millions of its people. There 
are now more than 30 million American citizens who cannot get coverage. 
In just a 2-year period, one in every three Americans goes without 
health care coverage at some point. And every day, 14,000 Americans 
lose their coverage. In other words, it can happen to anyone.
  But the problem that plagues the health care system is not just a 
problem of the uninsured. Those who do have insurance have never had 
less security and stability than they do today. More and more Americans 
worry that if you move, lose your job, or change your job, you'll lose 
your health insurance too. More and more Americans pay their premiums, 
only to discover that their insurance company has dropped their 
coverage when they get sick, or won't pay the full cost of care. It 
happens every day.
  One man from Illinois lost his coverage in the middle of chemotherapy 
because his insurer found that he hadn't reported gallstones that he 
didn't even know about. They delayed his treatment, and he died because 
of it. Another woman from Texas was about to get a double mastectomy 
when her insurance company canceled her policy because she forgot to 
declare a case of acne. By the time she had her insurance reinstated, 
her breast cancer more than doubled in size. That is heart-breaking, it 
is wrong, and no one should be treated that way in the United States of 
America.
  Then there's the problem of rising costs. We spend one-and-a-half 
times more per person on health care than any other country, but we 
aren't any healthier for it. This is one of the reasons that insurance 
premiums have gone up three times faster than wages. It's why so many 
employers--especially small businesses--are forcing their employees to 
pay more for insurance, or are dropping their coverage entirely. It's 
why so many aspiring entrepreneurs cannot afford to open a business in 
the first place, and why American businesses that compete 
internationally--like our automakers--are at a huge disadvantage. And 
it's why those of us with health insurance are also paying a hidden and 
growing tax for those without it--about $1000 per year that pays for 
somebody else's emergency room and charitable care.
  Finally, our health care system is placing an unsustainable burden on 
taxpayers. When health care costs grow at the rate they have, it puts 
greater pressure on programs like Medicare and Medicaid. If we do 
nothing to slow these skyrocketing costs, we will eventually be 
spending more on Medicare and Medicaid than every other government 
program combined. Put simply, our health care problem is our deficit 
problem. Nothing else even comes close.
  These are the facts. Nobody disputes them. We know we must reform 
this system. The question is how.
  There are those on the left who believe that the only way to fix the 
system is through a single-payer system like Canada's, where we would 
severely restrict the private insurance market and have the government 
provide coverage for everyone. On the right, there are those who argue 
that we should end the employer-based system and leave individuals to 
buy health insurance on their own.
  I have to say that there are arguments to be made for both 
approaches. But either one would represent a radical shift that would 
disrupt the health care most people currently have. Since health care 
represents one-sixth of our economy, I believe it makes more sense to 
build on what works and fix what doesn't, rather than try to build an 
entirely new system from scratch. And that is precisely what those of 
you in Congress have tried to do over the past several months.
  During that time, we have seen Washington at its best and its worst.
  We have seen many in this chamber work tirelessly for the better part 
of this year to offer thoughtful ideas about how to achieve reform. Of 
the five committees asked to develop bills, four have completed their 
work, and the Senate Finance Committee announced today that it will 
move forward next week. That has never happened before. Our overall 
efforts have been supported by an unprecedented coalition of doctors 
and nurses; hospitals, seniors' groups and even drug companies--many of 
whom opposed reform in the past. And there is agreement in this chamber 
on about 80 percent of what needs to be done, putting us closer to the 
goal of reform than we have ever been.
  But what we have also seen in these last months is the same partisan 
spectacle that only hardens the disdain many Americans have toward 
their own government. Instead of honest debate, we have seen scare 
tactics. Some have dug into unyielding ideological camps that offer no 
hope of compromise. Too many have used this as an opportunity to score 
short-term political points, even if it robs the country of our 
opportunity to solve a long-term challenge. And out of this blizzard of 
charges and counter-charges, confusion has reigned.
  Well the time for bickering is over. The time for games has passed. 
Now is the season for action. Now is when we must bring the best ideas 
of both parties together and show the American people that we can still 
do what we were sent here to do. Now is the time to deliver on health 
care.
  The plan I'm announcing tonight would meet three basic goals:
  It will provide more security and stability to those who have health 
insurance. It will provide insurance to those who don't. And it will 
slow the growth of health care costs for our families, our businesses, 
and our government. It's a plan that asks everyone to take

[[Page 21205]]

responsibility for meeting this challenge--not just government and 
insurance companies, but employers and individuals. And it's a plan 
that incorporates ideas from Senators and Congressmen; from Democrats 
and Republicans--and yes, from some of my opponents in both the primary 
and general election.
  Here are the details that every American needs to know about this 
plan:
  First, if you are among the hundreds of millions of Americans who 
already have health insurance through your job, Medicare, Medicaid, or 
the VA, nothing in this plan will require you or your employer to 
change the coverage or the doctor you have. Let me repeat this: nothing 
in our plan requires you to change what you have.
  What this plan will do is to make the insurance you have work better 
for you. Under this plan, it will be against the law for insurance 
companies to deny you coverage because of a pre-existing condition. As 
soon as I sign this bill, it will be against the law for insurance 
companies to drop your coverage when you get sick or water it down when 
you need it most. They will no longer be able to place some arbitrary 
cap on the amount of coverage you can receive in a given year or a 
lifetime. We will place a limit on how much you can be charged for out-
of-pocket expenses, because in the United States of America, no one 
should go broke because they get sick. And insurance companies will be 
required to cover, with no extra charge, routine checkups and 
preventive care, like mammograms and colonoscopies--because there's no 
reason we shouldn't be catching diseases like breast cancer and colon 
cancer before they get worse. That makes sense, it saves money, and it 
saves lives.
  That's what Americans who have health insurance can expect from this 
plan--more security and stability.
  Now, if you're one of the tens of millions of Americans who don't 
currently have health insurance, the second part of this plan will 
finally offer you quality, affordable choices. If you lose your job or 
change your job, you will be able to get coverage. If you strike out on 
your own and start a small business, you will be able to get coverage. 
We will do this by creating a new insurance exchange--a marketplace 
where individuals and small businesses will be able to shop for health 
insurance at competitive prices. Insurance companies will have an 
incentive to participate in this exchange because it lets them compete 
for millions of new customers. As one big group, these customers will 
have greater leverage to bargain with the insurance companies for 
better prices and quality coverage. This is how large companies and 
government employees get affordable insurance. It's how everyone in 
this Congress gets affordable insurance. And it's time to give every 
American the same opportunity that we've given ourselves.
  For those individuals and small businesses who still cannot afford 
the lower-priced insurance available in the exchange, we will provide 
tax credits, the size of which will be based on your need. And all 
insurance companies that want access to this new marketplace will have 
to abide by the consumer protections I already mentioned. This exchange 
will take effect in 4 years, which will give us time to do it right. In 
the meantime, for those Americans who can't get insurance today because 
they have pre-existing medical conditions, we will immediately offer 
low-cost coverage that will protect you against financial ruin if you 
become seriously ill. This was a good idea when Senator John McCain 
proposed it in the campaign, it's a good idea now, and we should 
embrace it.
  Now, even if we provide these affordable options, there may be 
those--particularly the young and healthy--who still want to take the 
risk and go without coverage. There may still be companies that refuse 
to do right by their workers. The problem is, such irresponsible 
behavior costs all the rest of us money. If there are affordable 
options and people still don't sign up for health insurance, it means 
we pay for those people's expensive emergency room visits. If some 
businesses don't provide workers health care, it forces the rest of us 
to pick up the tab when their workers get sick, and gives those 
businesses an unfair advantage over their competitors. And unless 
everybody does their part, many of the insurance reforms we seek--
especially requiring insurance companies to cover preexisting 
conditions--just can't be achieved.
  That's why under my plan, individuals will be required to carry basic 
health insurance--just as most States require you to carry auto 
insurance. Likewise, businesses will be required to either offer their 
workers health care, or chip in to help cover the cost of their 
workers. There will be a hardship waiver for those individuals who 
still cannot afford coverage, and 95% of all small businesses, because 
of their size and narrow profit margin, would be exempt from these 
requirements. But we cannot have large businesses and individuals who 
can afford coverage game the system by avoiding responsibility to 
themselves or their employees. Improving our health care system only 
works if everybody does their part.
  While there remain some significant details to be ironed out, I 
believe a broad consensus exists for the aspects of the plan I just 
outlined: consumer protections for those with insurance, an exchange 
that allows individuals and small businesses to purchase affordable 
coverage, and a requirement that people who can afford insurance get 
insurance.
  And I have no doubt that these reforms would greatly benefit 
Americans from all walks of life, as well as the economy as a whole. 
Still, given all the misinformation that's been spread over the past 
few months, I realize that many Americans have grown nervous about 
reform. So tonight I'd like to address some of the key controversies 
that are still out there.
  Some of people's concerns have grown out of bogus claims spread by 
those whose only agenda is to kill reform at any cost. The best example 
is the claim, made not just by radio and cable talk show hosts, but 
prominent politicians, that we plan to set up panels of bureaucrats 
with the power to kill off senior citizens. Such a charge would be 
laughable if it weren't so cynical and irresponsible. It is a lie, 
plain and simple.
  There are also those who claim that our reform effort will insure 
illegal immigrants. This, too, is false--the reforms I'm proposing 
would not apply to those who are here illegally. And one more 
misunderstanding I want to clear up--under our plan, no Federal dollars 
will be used to fund abortions, and Federal conscience laws will remain 
in place.
  My health care proposal has also been attacked by some who oppose 
reform as a ``government takeover'' of the entire health care system. 
As proof, critics point to a provision in our plan that allows the 
uninsured and small businesses to choose a publicly-sponsored insurance 
option, administered by the government just like Medicaid or Medicare.
  So let me set the record straight. My guiding principle is, and 
always has been, that consumers do better when there is choice and 
competition. Unfortunately, in 34 States, 75% of the insurance market 
is controlled by five or fewer companies. In Alabama, almost 90% is 
controlled by just one company. Without competition, the price of 
insurance goes up and the quality goes down. And it makes it easier for 
insurance companies to treat their customers badly--by cherry-picking 
the healthiest individuals and trying to drop the sickest; by 
overcharging small businesses who have no leverage; and by jacking up 
rates.
  Insurance executives don't do this because they are bad people. They 
do it because it's profitable. As one former insurance executive 
testified before Congress, insurance companies are not only encouraged 
to find reasons to drop the seriously ill; they are rewarded for it. 
All of this is in service of meeting what this former executive called 
``Wall Street's relentless profit expectations.''
  Now, I have no interest in putting insurance companies out of 
business. They provide a legitimate service, and employ a lot of our 
friends and neighbors. I just want to hold them accountable. The 
insurance reforms that I've

[[Page 21206]]

already mentioned would do just that. But an additional step we can 
take to keep insurance companies honest is by making a not-for-profit 
public option available in the insurance exchange. Let me be clear--it 
would only be an option for those who don't have insurance. No one 
would be forced to choose it, and it would not impact those of you who 
already have insurance. In fact, based on Congressional Budget Office 
estimates, we believe that less than 5% of Americans would sign up.
  Despite all this, the insurance companies and their allies don't like 
this idea. They argue that these private companies can't fairly compete 
with the government. And they'd be right if taxpayers were subsidizing 
this public insurance option. But they won't be. I have insisted that 
like any private insurance company, the public insurance option would 
have to be self-sufficient and rely on the premiums it collects. But by 
avoiding some of the overhead that gets eaten up at private companies 
by profits, excessive administrative costs, and executive salaries, it 
could provide a good deal for consumers. It would also keep pressure on 
private insurers to keep their policies affordable and treat their 
customers better, the same way public colleges and universities provide 
additional choice and competition to students without in any way 
inhibiting a vibrant system of private colleges and universities.
  It's worth noting that a strong majority of Americans still favor a 
public insurance option of the sort I've proposed tonight. But its 
impact shouldn't be exaggerated--by the left, the right, or the media. 
It is only one part of my plan, and should not be used as a handy 
excuse for the usual Washington ideological battles. To my progressive 
friends, I would remind you that for decades, the driving idea behind 
reform has been to end insurance company abuses and make coverage 
affordable for those without it. The public option is only a means to 
that end--and we should remain open to other ideas that accomplish our 
ultimate goal. And to my Republican friends, I say that rather than 
making wild claims about a government takeover of health care, we 
should work together to address any legitimate concerns you may have.
  For example, some have suggested that the public option go into 
effect only in those markets where insurance companies are not 
providing affordable policies. Others propose a co-op or another non-
profit entity to administer the plan. These are all constructive ideas 
worth exploring. But I will not back down on the basic principle that 
if Americans can't find affordable coverage, we will provide you with a 
choice. And I will make sure that no government bureaucrat or insurance 
company bureaucrat gets between you and the care that you need.
  Finally, let me discuss an issue that is a great concern to me, to 
members of this chamber, and to the public--and that is how we pay for 
this plan.
  Here's what you need to know. First, I will not sign a plan that adds 
one dime to our deficits--either now or in the future. Period. And to 
prove that I'm serious, there will be a provision in this plan that 
requires us to come forward with more spending cuts if the savings we 
promised don't materialize. Part of the reason I faced a trillion 
dollar deficit when I walked in the door of the White House is because 
too many initiatives over the last decade were not paid for--from the 
Iraq War to tax breaks for the wealthy. I will not make that same 
mistake with health care.
  Second, we've estimated that most of this plan can be paid for by 
finding savings within the existing health care system--a system that 
is currently full of waste and abuse. Right now, too much of the hard-
earned savings and tax dollars we spend on health care doesn't make us 
healthier. That's not my judgment--it's the judgment of medical 
professionals across this country. And this is also true when it comes 
to Medicare and Medicaid.
  In fact, I want to speak directly to America's seniors for a moment, 
because Medicare is another issue that's been subjected to demagoguery 
and distortion during the course of this debate.
  More than 4 decades ago, this Nation stood up for the principle that 
after a lifetime of hard work, our seniors should not be left to 
struggle with a pile of medical bills in their later years. That is how 
Medicare was born. And it remains a sacred trust that must be passed 
down from one generation to the next. That is why not a dollar of the 
Medicare trust fund will be used to pay for this plan.
  The only thing this plan would eliminate is the hundreds of billions 
of dollars in waste and fraud, as well as unwarranted subsidies in 
Medicare that go to insurance companies--subsidies that do everything 
to pad their profits and nothing to improve your care. And we will also 
create an independent commission of doctors and medical experts charged 
with identifying more waste in the years ahead.
  These steps will ensure that you--America's seniors--get the benefits 
you've been promised. They will ensure that Medicare is there for 
future generations. And we can use some of the savings to fill the gap 
in coverage that forces too many seniors to pay thousands of dollars a 
year out of their own pocket for prescription drugs. That's what this 
plan will do for you. So don't pay attention to those scary stories 
about how your benefits will be cut--especially since some of the same 
folks who are spreading these tall tales have fought against Medicare 
in the past, and just this year supported a budget that would have 
essentially turned Medicare into a privatized voucher program. That 
will never happen on my watch. I will protect Medicare.
  Now, because Medicare is such a big part of the health care system, 
making the program more efficient can help usher in changes in the way 
we deliver health care that can reduce costs for everybody. We have 
long known that some places, like the Intermountain Healthcare in Utah 
or the Geisinger Health System in rural Pennsylvania, offer high-
quality care at costs below average. The commission can help encourage 
the adoption of these common-sense best practices by doctors and 
medical professionals throughout the system--everything from reducing 
hospital infection rates to encouraging better coordination between 
teams of doctors.
  Reducing the waste and inefficiency in Medicare and Medicaid will pay 
for most of this plan. Much of the rest would be paid for with revenues 
from the very same drug and insurance companies that stand to benefit 
from tens of millions of new customers. This reform will charge 
insurance companies a fee for their most expensive policies, which will 
encourage them to provide greater value for the money--an idea which 
has the support of Democratic and Republican experts. And according to 
these same experts, this modest change could help hold down the cost of 
health care for all of us in the long-run.
  Finally, many in this chamber--particularly on the Republican side of 
the aisle--have long insisted that reforming our medical malpractice 
laws can help bring down the cost of health care. I don't believe 
malpractice reform is a silver bullet, but I have talked to enough 
doctors to know that defensive medicine may be contributing to 
unnecessary costs. So I am proposing that we move forward on a range of 
ideas about how to put patient safety first and let doctors focus on 
practicing medicine. I know that the Bush administration considered 
authorizing demonstration projects in individual States to test these 
issues. It's a good idea, and I am directing my Secretary of Health and 
Human Services to move forward on this initiative today.
  Add it all up, and the plan I'm proposing will cost around $900 
billion over 10 years--less than we have spent on the Iraq and 
Afghanistan wars, and less than the tax cuts for the wealthiest few 
Americans that Congress passed at the beginning of the previous 
administration. Most of these costs will be paid for with money already 
being spent--but spent badly--in the existing health care system. The 
plan will not add to our deficit. The middle-class will realize greater 
security, not higher taxes. And if we are able to slow the growth of 
health care costs by just one-tenth of one percent each year, it

[[Page 21207]]

will actually reduce the deficit by $4 trillion over the long term.
  This is the plan I'm proposing. It's a plan that incorporates ideas 
from many of the people in this room tonight--Democrats and 
Republicans. And I will continue to seek common ground in the weeks 
ahead. If you come to me with a serious set of proposals, I will be 
there to listen. My door is always open.
  But know this: I will not waste time with those who have made the 
calculation that it's better politics to kill this plan than improve 
it. I will not stand by while the special interests use the same old 
tactics to keep things exactly the way they are. If you misrepresent 
what's in the plan, we will call you out. And I will not accept the 
status quo as a solution. Not this time. Not now.
  Everyone in this room knows what will happen if we do nothing. Our 
deficit will grow. More families will go bankrupt. More businesses will 
close. More Americans will lose their coverage when they are sick and 
need it most. And more will die as a result. We know these things to be 
true.
  That is why we cannot fail. Because there are too many Americans 
counting on us to succeed--the ones who suffer silently, and the ones 
who shared their stories with us at town hall meetings, in emails, and 
in letters.
  I received one of those letters a few days ago. It was from our 
beloved friend and colleague, Ted Kennedy. He had written it back in 
May, shortly after he was told that his illness was terminal. He asked 
that it be delivered upon his death.
  In it, he spoke about what a happy time his last months were, thanks 
to the love and support of family and friends, his wife, Vicki, and his 
children, who are here tonight. And he expressed confidence that this 
would be the year that health care reform--``that great unfinished 
business of our society,'' he called it--would finally pass. He 
repeated the truth that health care is decisive for our future 
prosperity, but he also reminded me that ``it concerns more than 
material things.'' ``What we face,'' he wrote, ``is above all a moral 
issue; at stake are not just the details of policy, but fundamental 
principles of social justice and the character of our country.''
  I've thought about that phrase quite a bit in recent days--the 
character of our country. One of the unique and wonderful things about 
America has always been our self-reliance, our rugged individualism, 
our fierce defense of freedom, and our healthy skepticism of 
government. And figuring out the appropriate size and role of 
government has always been a source of rigorous and sometimes angry 
debate.
  For some of Ted Kennedy's critics, his brand of liberalism 
represented an affront to American liberty. In their mind, his passion 
for universal health care was nothing more than a passion for big 
government.
  But those of us who know Teddy and worked with him here--people of 
both parties--know that what drove him was something more. His friend, 
Orrin Hatch, knows that. They worked together to provide children with 
health insurance. His friend John McCain knows that. They worked 
together on a Patient's Bill of Rights. His friend Chuck Grassley knows 
that. They worked together to provide health care to children with 
disabilities.
  On issues like these, Ted Kennedy's passion was born not of some 
rigid ideology, but of his own experience. It was the experience of 
having two children stricken with cancer. He never forgot the sheer 
terror and helplessness that any parent feels when a child is badly 
sick; and he was able to imagine what it must be like for those without 
insurance; what it would be like to have to say to a wife or a child or 
an aging parent--there is something that could make you better, but I 
just can't afford it.
  That large-heartedness--that concern and regard for the plight of 
others--is not a partisan feeling. It is not a Republican or a 
Democratic feeling. It, too, is part of the American character. Our 
ability to stand in other people's shoes. A recognition that we are all 
in this together; that when fortune turns against one of us, others are 
there to lend a helping hand. A belief that in this country, hard work 
and responsibility should be rewarded by some measure of security and 
fair play; and an acknowledgement that sometimes government has to step 
in to help deliver on that promise.
  This has always been the history of our progress. In 1935, when over 
half of our seniors could not support themselves and millions had seen 
their savings wiped away, there were those who argued that Social 
Security would lead to socialism. But the men and women of Congress 
stood fast, and we are all the better for it. In 1965, when some argued 
that Medicare represented a government takeover of health care, members 
of Congress, Democrats and Republicans, did not back down. They joined 
together so that all of us could enter our golden years with some basic 
peace of mind.
  You see, our predecessors understood that government could not, and 
should not, solve every problem. They understood that there are 
instances when the gains in security from government action are not 
worth the added constraints on our freedom. But they also understood 
that the danger of too much government is matched by the perils of too 
little; that without the leavening hand of wise policy, markets can 
crash, monopolies can stifle competition, and the vulnerable can be 
exploited. And they knew that when any government measure, no matter 
how carefully crafted or beneficial, is subject to scorn; when any 
efforts to help people in need are attacked as un-American; when facts 
and reason are thrown overboard and only timidity passes for wisdom, 
and we can no longer even engage in a civil conversation with each 
other over the things that truly matter--that at that point we don't 
merely lose our capacity to solve big challenges. We lose something 
essential about ourselves.
  What was true then remains true today. I understand how difficult 
this health care debate has been. I know that many in this country are 
deeply skeptical that government is looking out for them. I understand 
that the politically safe move would be to kick the can further down 
the road--to defer reform one more year, or one more election, or one 
more term.
  But that's not what the moment calls for. That's not what we came 
here to do. We did not come to fear the future. We came here to shape 
it. I still believe we can act even when it's hard. I still believe we 
can replace acrimony with civility, and gridlock with progress. I still 
believe we can do great things, and that here and now we will meet 
history's test.
  Because that is who we are. That is our calling. That is our 
character. Thank you, God Bless You, and may God Bless the United 
States of America.
                                                        Barack Obama.  
The White House, September 9, 2009.

                          ____________________




                         MESSAGE FROM THE HOUSE

  At 2:16 p.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that it has passed 
the following joint resolution, without amendment:

       S. J. Res. 9. Joint resolution providing for the 
     appointment of France A. Cordova as a citizen regent of the 
     Board of Regents of the Smithsonian Institution.

  The message also announced that the House has passed the following 
bills, in which it requests the concurrence of the Senate:

       H.R. 310. An act to provide for the conveyance of 
     approximately 140 acres of land in the Ouachita National 
     Forest in Oklahoma to the Indian Nations Council, Inc., of 
     the Boy Scouts of America, and for other purposes.
       H.R. 1043. An act to provide for a land exchange involving 
     certain National Forest System lands in the Mendocino 
     National Forest in the State of California, and for other 
     purposes.
       H.R. 1287. An act to authorize the Secretary of the 
     Interior to enter into a partnership with the Porter County 
     Convention, Recreation and Visitor Commission regarding the 
     use of the Dorothy Buell Memorial Visitor Center as a visitor 
     center for the Indiana Dunes National Lakeshore, and for 
     other purposes.
       H.R. 1345. An act to amend title 5, United States Code, to 
     eliminate the discriminatory

[[Page 21208]]

     treatment of the District of Columbia under the provisions of 
     law commonly referred to as the ``Hatch Act''.
       H.R. 1858. An act to provide for a boundary adjustment and 
     land conveyances involving Roosevelt National Forest, 
     Colorado, to correct the effects of an erroneous land survey 
     that resulted in approximately 7 acres of the Crystal Lakes 
     Subdivision, Ninth Filing, encroaching on National Forest 
     System land, and for other purposes.
       H.R. 2004. An act to designate the facility of the United 
     States Postal Service located at 4282 Beach Street in Akron, 
     Michigan, as the ``Akron Veterans Memorial Post Office''.
       H.R. 2760. An act to designate the facility of the United 
     States Postal Service located at 1615 North Wilcox Avenue in 
     Los Angeles, California, as the ``Johnny Grant Hollywood Post 
     Office Building.''

  The message further announced that pursuant to section 112 of the 
Clean Air Act (42 U.S.C. 7412), and the order of the House of January 
6, 2009, the Speaker appoints the following members on the part of the 
House of Representatives to the Board of Directors of the National 
Urban Air Toxics Research Center: Mrs. Herminia Palacio, M.D., M.P.H., 
of Bellaire, Texas and Mr. John Walke of Washington, D.C.

                          ____________________




                           MEASURES REFERRED

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

       H.R. 310. An act to provide for the conveyance of 
     approximately 140 acres of land in the Ouachita National 
     Forest in Oklahoma to the Indian Nations Council, Inc., of 
     the Boy Scouts of America, and for other purposes; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       H.R. 1043. An act to provide for a land exchange involving 
     certain National Forest System lands in the Mendocino 
     National Forest in the State of California, and for other 
     purposes; to the Committee on Energy and Natural Resources.
       H.R. 1287. An act to authorize the Secretary of the 
     Interior to enter into a partnership with the Porter County 
     Convention, Recreation and Visitor Commission regarding the 
     use of the Dorothy Buell Memorial Visitor Center as a visitor 
     center for the Indiana Dunes National Lakeshore, and for 
     other purposes; to the Committee on Energy and Natural 
     Resources.
       H.R. 1345. An act to amend title 5, United States Code, to 
     eliminate the discriminatory treatment of the District of 
     Columbia under the provisions of law commonly referred to as 
     the ``Hatch Act''; to the Committee on Homeland Security and 
     Governmental Affairs.
       H.R. 1858. An act to provide for a boundary adjustment and 
     land conveyances involving Roosevelt National Forest, 
     Colorado, to correct the effects of an erroneous land survey 
     that resulted in approximately 7 acres of the Crystal Lakes 
     Subdivision, Ninth Filing, encroaching on National Forest 
     System land, and for other purposes; to the Committee on 
     Energy and Natural Resources.
       H.R. 2004. An act to designate the facility of the United 
     States Postal Service located at 4282 Beach Street in Akron, 
     Michigan, as the ``Akron Veterans Memorial Post Office''; to 
     the Committee on Homeland Security and Governmental Affairs.
       H.R. 2760. An act to designate the facility of the United 
     States Postal Service located at 1615 North Wilcox Avenue in 
     Los Angeles, California, as the ``Johnny Grant Hollywood Post 
     Office Building''; to the Committee on Homeland Security and 
     Governmental Affairs.

                          ____________________




                          MEASURES DISCHARGED

  The following bill was discharged from the Committee on Armed 
Services, and referred as indicated:

       S. 1599. A bill to amend title 36, United States Code, to 
     include in the Federal charter of the Reserve Officers 
     Association leadership positions newly added in its 
     constitution and bylaws; to the Committee on the Judiciary.

                          ____________________




                   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-2747. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report relative to U.S. 
     military personnel and U.S. civilian contractors involved in 
     the anti-narcotics campaign in Columbia; to the Committee on 
     Foreign Relations.
       EC-2748. 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-
     0096--2009-0106); to the Committee on Foreign Relations.
       EC-2749. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report entitled ``Operation 
     of the Enterprise for the Americas Initiative and the 
     Tropical Forest Conservation Act 2008 Annual Report to 
     Congress''; to the Committee on Foreign Relations.
       EC-2750. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed technical assistance agreement 
     for the transfer of technical data, defense services, and 
     hardware for the design, manufacture, and delivery of the 
     QuetzSat--1 Commercial Communication Satellite for the United 
     Kingdom in the amount of $50,000,000 or more; to the 
     Committee on Foreign Relations.
       EC-2751. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed manufacturing license agreement 
     for the export of defense articles, including technical data, 
     and defense services for the manufacture and overhaul of 
     hydraulic steering systems for X300 transmissions of ground 
     vehicles for the United Kingdom in the amount of $100,000,000 
     or more; to the Committee on Foreign Relations.
       EC-2752. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed transfer of major defense 
     equipment with an original acquisition value of more than 
     $14,000,000 for New Zealand; to the Committee on Foreign 
     Relations.
       EC-2753. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed permanent export license for the 
     export of defense articles and technical data related to the 
     sale of 394 Colt Infantry Automatic Rifles for use by the 
     Mexican Navy in the amount of $1,000,000 or more; to the 
     Committee on Foreign Relations.
       EC-2754. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed technical assistance agreement 
     for the transfer of technical data, defense services, and 
     hardware to support the Proton launch of the NSS-14 
     Commercial Communication Satellite from the Baikonur 
     Cosmodrome in Kazakhstan in the amount of $50,000,000 or 
     more; to the Committee on Foreign Relations.
       EC-2755. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed technical assistance agreement 
     for the transfer of technical data, defense services, and 
     defense articles to Thailand related to the sale of three S-
     92A helicopters to the Royal Thai Air Force in the amount of 
     $50,000,000 or more; to the Committee on Foreign Relations.
       EC-2756. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed manufacturing license agreement 
     for the transfer of technical data, defense services, and 
     hardware to Japan to support the manufacture of Chukar II and 
     Chukar III Aerial Target Systems for the Ministry of Defense 
     of Japan in the amount of $100,000,000 or more; to the 
     Committee on Foreign Relations.
       EC-2757. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed transfer of technical data, 
     defense services, and defense articles for the sale of four 
     C-27J Spartan Aircraft from Alenia Aeronautica S.p.A. to the 
     Kingdom of Morocco in the amount of $50,000,0000; to the 
     Committee on Foreign Relations.
       EC-2758. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed manufacturing license agreement 
     for the export of defense articles and defense services for 
     the manufacture of Power Amplifier Modules and High Voltage 
     Power Supplies for the AN/TPQ-36 and AN/TPQ-37 Firefinder 
     Radars, and the AN/MPQ-64 Sentinel Radar for end use by the 
     U.S. Government in the amount of $100,000,000 or more; to the 
     Committee on Foreign Relations.
       EC-2759. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed technical assistance agreement 
     for the transfer of technical data, defense services, and 
     defense articles related to the Laser Based Directional 
     Infrared Countermeasures System for end-use by the United 
     Kingdom in the amount of $100,000,000 or more; to the 
     Committee on Foreign Relations.
       EC-2760. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs,

[[Page 21209]]

     Department of State, transmitting, pursuant to the Arms 
     Export Control Act, the certification of a proposed 
     manufacturing license agreement for the export of defense 
     articles and defense services for the manufacture of Tomahawk 
     Cruise Missile Subassemblies for end-use by the U.S. Navy in 
     the amount of $100,000,000 or more; to the Committee on 
     Foreign Relations.
       EC-2761. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed technical assistance agreement 
     for the transfer of technical data, defense services, and 
     hardware to support the Proton launch of the ViaSat--1 
     Commercial Communication Satellite from the Baikonur 
     Cosmodrome in Kazakhstan in the amount of $50,000,000 or 
     more; to the Committee on Foreign Relations.
       EC-2762. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed technical assistance agreement 
     for the transfer of technical data, defense services, and 
     hardware related to the delivery and support of five Sentinel 
     Radars and two Sentry Command and Control Systems for end-use 
     by the Mexican Navy in the amount of $50,000,000 or more; to 
     the Committee on Foreign Relations.
       EC-2763. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed transfer of technical data, 
     defense services, and defense articles related to the sale of 
     seven C-27J Spartan Aircraft from Alenia Aeronautica S.p.A. 
     to the Government of Romania in the amount of $100,000,000 or 
     more; to the Committee on Foreign Relations.
       EC-2764. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Foreign Officials: Definition of Immediate Family Members, 
     As Amended'' ((22 CFR Part 41)(Public Notice: 6676)) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on August 7, 2009; to the 
     Committee on Foreign Relations.
       EC-2765. A communication from the Acting General Counsel, 
     Peace Corps, transmitting, pursuant to law, the report of the 
     confirmation of a nomination in the position of Director of 
     the Peace Corps; to the Committee on Foreign Relations.
       EC-2766. A communication from the Secretary General of the 
     Inter-Parliamentary Union, transmitting, an agenda for 
     Parliamentary Briefings and Hearings at the 64th Session of 
     the United Nations General Assembly; to the Committee on 
     Foreign Relations.
       EC-2767. A communication from the Secretary General of the 
     Inter-Parliamentary Union, transmitting, a request for 
     participation in a study on parliamentary oversight; to the 
     Committee on Foreign Relations.
       EC-2768. A communication from the Acting Assistant 
     Secretary, Bureau of Political-Military Affairs, Department 
     of State, transmitting, pursuant to law, an addendum to a 
     certification, transmittal number: DDTC 005-09, of the 
     proposed sale or export of defense articles, including 
     technical data, and defense services to a Middle East country 
     regarding any possible affects such a sale might have 
     relating to Israel's Qualitative Military Edge over military 
     threats to Israel; to the Committee on Foreign Relations.
       EC-2769. A communication from the Acting Assistant 
     Secretary, Bureau of Political- Military Affairs, Department 
     of State, transmitting, pursuant to law, an addendum to a 
     certification, transmittal number: DDTC 046-09, of the 
     proposed sale or export of defense articles, including 
     technical data, and defense services to a Middle East country 
     regarding any possible affects such a sale might have 
     relating to Israel's Qualitative Military Edge over military 
     threats to Israel; to the Committee on Foreign Relations.
       EC-2770. A communication from the Acting Assistant 
     Secretary, Bureau of Political-Military Affairs, Department 
     of State, transmitting, pursuant to law, an addendum to a 
     certification, transmittal number: DDTC 052-09, of the 
     proposed sale or export of defense articles, including 
     technical data, and defense services to a Middle East country 
     regarding any possible affects such a sale might have 
     relating to Israel's Qualitative Military Edge over military 
     threats to Israel; to the Committee on Foreign Relations.
       EC-2771. A communication from the Acting Assistant 
     Secretary, Bureau of Political-Military Affairs, Department 
     of State, transmitting, pursuant to law, an addendum to a 
     certification, transmittal number: DDTC 065-09, of the 
     proposed sale or export of defense articles, including 
     technical data, and defense services to a Middle East country 
     regarding any possible affects such a sale might have 
     relating to Israel's Qualitative Military Edge over military 
     threats to Israel; to the Committee on Foreign Relations.
       EC-2772. A communication from the Acting Assistant 
     Secretary, Bureau of Political-Military Affairs, Department 
     of State, transmitting, pursuant to law, an addendum to a 
     certification, transmittal number: DDTC 070-09, of the 
     proposed sale or export of defense articles, including 
     technical data, and defense services to a Middle East country 
     regarding any possible affects such a sale might have 
     relating to Israel's Qualitative Military Edge over military 
     threats to Israel; to the Committee on Foreign Relations.
       EC-2773. A communication from the Program Analyst, Office 
     of Managing Director-Financial Operations, Federal 
     Communications Commission, transmitting, pursuant to law, the 
     report of a rule entitled ``Report and Order, In the Matter 
     of Assessment of Regulatory Fees for Fiscal Year 2009'' ((FCC 
     09-62; 09-65)(MD Docket No. 09-65)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 31, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2774. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to the Pilot, Flight Instructor, Ground 
     Instructor, and Pilot School Certification Rules (Part 61)'' 
     ((FAA-2006-26661-8/20-21)(RIN2120-AI86)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 31, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2775. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; BAE Systems (Operations) Limited 
     Model BAe 146-100A and 146-200A Series Airplanes'' ((RIN2120-
     AA64)(7-30/7-29/0432/NM-168)) as received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     August 10, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2776. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Empresa Brasileira de Aeronautica 
     S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -
     120RT Airplanes'' ((RIN2120-AA64)(7-30/7-29/1005/NM-119)) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on August 10, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2777. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A330-200, A330-300, 
     A340-200, and A340-300 Series Airplanes'' ((RIN2120-AA64)(7-
     30/7-29/0211/NM-028)) as received during adjournment of the 
     Senate in the Office of the President of the Senate on August 
     10, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2778. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Pratt & Whitney Canada (PWC) 
     PW206A, PW206B, PW206B2, PW206C, PW206E, PW207C, PW207D, and 
     PW207E Turboshaft Engines; Correction'' ((RIN2120-AA64)(7-30/
     7-27/0219/NE-46)) as received during adjournment of the 
     Senate in the Office of the President of the Senate on August 
     10, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2779. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A318, A319, A320, 
     and A321 Series Airplanes'' ((RIN2120-AA64)(8-17/8-18/0004/
     NM-160)) as received during adjournment of the Senate in the 
     Office of the President of the Senate on August 31, 2009; to 
     the Committee on Commerce, Science, and Transportation.
       EC-2780. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; BAE Systems (Operations) Limited 
     Model BAe 146 and Avro 146-RJ Airplanes'' ((RIN2120-AA64)(8-
     17/8-18/0532/NM-124)) as received during adjournment of the 
     Senate in the Office of the President of the Senate on August 
     31, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2781. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Saab AB, Saab Aerosystems Model 
     SAAB 340A (SAAB/SF340A) and SAAB 340B Airplanes'' ((RIN2120-
     AA64)(8-17/8-18/0447/NM-172)) as received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     August 31, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2782. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 737-600, -700, -
     700C, -800, and -900 Series Airplanes'' ((RIN2120-AA64)(8-17/
     8-18/

[[Page 21210]]

     1143/NM-136)) as received during adjournment of the Senate in 
     the Office of the President of the Senate on August 31, 2009; 
     to the Committee on Commerce, Science, and Transportation.
       EC-2783. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Gulfstream Model G-IV, GIV-X, and 
     GV-SP Series Airplanes and Model GV Airplanes'' ((RIN2120-
     AA64)(8-13/8-11/0683/NM-129)) as received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     August 31, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2784. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Short Brothers Model SD3-60 
     Airplanes'' ((RIN2120-AA64)(8-13/8-12/0464/NM-189)) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on August 31, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2785. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; BAE Systems (Operations) Limited 
     (Jetstream) Model 4101 Airplanes'' ((RIN2120-AA64)(8-3/8-5/
     0463/NM-065)) as received during adjournment of the Senate in 
     the Office of the President of the Senate on August 10, 2009; 
     to the Committee on Commerce, Science, and Transportation.
       EC-2786. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fokker Model F.27 Mark 050 Airplanes'' ((RIN2120-AA64)(8-3/
     8-5/0691/NM-061)) as received during adjournment of the 
     Senate in the Office of the President of the Senate on August 
     10, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2787. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 737-100, -200, -
     200C, -300, -400, and -500 Series Airplanes'' ((RIN2120-
     AA64)(8-3/8-5/1213/NM-092)) as received during adjournment of 
     the Senate in the Office of the President of the Senate on 
     August 10, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2788. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 767 Airplanes'' 
     ((RIN2120-AA64)(8-3/8-5/39173/NM-283)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 10, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2789. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; British Aerospace Regional 
     Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200 
     and 3101, and Jetstream Model 3201 Airplanes'' ((RIN2120-
     AA64)(8-3/8-5/0168/SW-33)) as received during adjournment of 
     the Senate in the Office of the President of the Senate on 
     August 10, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2790. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Pilatus Aircraft Limited Model 
     PC-7 Airplanes'' ((RIN2120-AA64)(8-6/8-5/0509/CE-029)) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on August 10, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2791. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Teledyne Continental Motors (TCM) 
     IO-520, TSIO-520, and IO-550 Series Reciprocating Engines 
     with Superior Air Parts, Inc. (SAP) Cylinder Assemblies 
     Installed'' ((RIN2120-AA64)(8-6/8-5/0051/NE-37)) as received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on August 10, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2792. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bell Helicopter Textron Canada 
     Model 427 Helicopters'' ((RIN2120-AA64)(8-6/8-3/0227/SW-65)) 
     as received during adjournment of the Senate in the Office of 
     the President of the Senate on August 10, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2793. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; SOCATA Model TBM 700 Airplanes'' 
     ((RIN2120-AA64)(8-3/8-5/25234/CE-064)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 10, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2794. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Amendment No. 
     3335'' ((RIN2120-AA65)(8-17/8-18/30682/3335)) as received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on August 31, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2795. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Amendment No. 
     3334'' ((RIN2120-AA65)(8-17/8-18/30681/3334)) as received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on August 31, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2796. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Amendment No. 
     3332'' ((RIN2120-AA65)(8-13/8-13/30678/3332)) as received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on August 31, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2797. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Amendment No. 
     3333'' ((RIN2120-AA65)(8-13/8-13/30679/3333)) as received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on August 31, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2798. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Part 95 Instrument Flight Rules (215); Amendment No. 482'' 
     ((RIN2120-AA63)(8-13/8-12/30680/482)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 31, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2799. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Federal Motor Vehicle Safety Standards; 
     Controls, Telltales and Indicators'' (RIN2127-AK04) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on August 31, 2009; to the 
     Committee on Commerce, Science, and Transportation.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. ROCKEFELLER, from the Committee on Commerce, 
     Science, and Transportation, with an amendment in the nature 
     of a substitute:
       S. 1308. A bill to reauthorize the Maritime Administration, 
     and for other purposes (Rept. No. 111--73).

                          ____________________




              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. NELSON of Nebraska (for himself, Mr. Durbin, Mr. 
             Kerry, Mrs. Gillibrand, and Mr. Burris):
       S. 1655. A bill to authorize the Secretary of Education to 
     award grants for the support of full-service community 
     schools, and for other purposes; to the Committee on Health, 
     Education, Labor, and Pensions.
           By Ms. STABENOW (for herself, Mr. Voinovich, Mr. Levin, 
             and Ms. Klobuchar):
       S. 1656. A bill to amend the Internal Revenue Code of 1986 
     to provide for the treatment of S corporations for purposes 
     of election of the alternative tax on qualifying shipping 
     activities, and for other purposes; to the Committee on 
     Finance.
           By Mr. NELSON of Florida:
       S. 1657. A bill to amend the Internal Revenue Code of 1986 
     to modify the exception from the 10 percent penalty for early 
     withdrawals from government plans for qualified public safety 
     employees; to the Committee on Finance.

[[Page 21211]]



                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

           By Mr. LEVIN:
       S. Res. 256. A resolution recognizing the importance of 
     ``National Drug Facts Chat Day' on November 10, 2009; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. REID:
       S. Res. 257. A resolution to constitute the majority 
     party's membership on certain committees for the One Hundred 
     Eleventh Congress, or until their successors are chosen; 
     considered and agreed to.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 211

  At the request of Mr. Nelson of Florida, his name was added as a 
cosponsor of S. 211, a bill to facilitate nationwide availability of 2-
1-1 telephone service for information and referral on human services 
and volunteer services, and for other purposes.


                                 S. 354

  At the request of Mr. Webb, the name of the Senator from California 
(Mrs. Boxer) was added as a cosponsor of S. 354, a bill to provide that 
4 of the 12 weeks of parental leave made available to a Federal 
employee shall be paid leave, and for other purposes.


                                 S. 369

  At the request of Mr. Kohl, the name of the Senator from Minnesota 
(Mr. Franken) was added as a cosponsor of S. 369, a bill to prohibit 
brand name drug companies from compensating generic drug companies to 
delay the entry of a generic drug into the market.


                                 S. 422

  At the request of Ms. Stabenow, the name of the Senator from New York 
(Mr. Schumer) was added as a cosponsor of S. 422, a bill to amend the 
Federal Food, Drug, and Cosmetic Act and the Public Health Service Act 
to improve the prevention, diagnosis, and treatment of heart disease, 
stroke, and other cardiovascular diseases in women.


                                 S. 439

  At the request of Mr. Inouye, the name of the Senator from Montana 
(Mr. Tester) was added as a cosponsor of S. 439, a bill to provide for 
and promote the economic development of Indian tribes by furnishing the 
necessary capital, financial services, and technical assistance to 
Indian--owned business enterprises, to stimulate the development of the 
private sector of Indian tribal economies, and for other purposes.


                                 S. 453

  At the request of Mr. Schumer, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 453, a bill to authorize 
the Secretary of Housing and Urban Development to make grants and offer 
technical assistance to local governments and others to design and 
implement innovative policies, programs, and projects that address 
widespread property vacancy and abandonment, and for other purposes.


                                 S. 492

  At the request of Mr. Johnson, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 492, a bill to amend the 
Social Security Act and the Internal Revenue Code of 1986 to exempt 
certain employment as a member of a local governing board, commission, 
or committee from social security tax coverage.


                                 S. 512

  At the request of Mr. Kohl, the name of the Senator from Minnesota 
(Mr. Franken) was added as a cosponsor of S. 512, a bill to amend 
chapter 1 of title 9, United States Code with respect to arbitration.


                                 S. 548

  At the request of Mr. Schumer, the name of the Senator from Oregon 
(Mr. Merkley) was added as a cosponsor of S. 548, a bill to amend the 
Public Utility Regulatory Policies Act of 1978 to establish a Federal 
energy efficiency resource standard for retail electricity and natural 
gas distributors, and for other purposes.


                                 S. 565

  At the request of Mr. Durbin, the name of the Senator from 
Connecticut (Mr. Dodd) was added as a cosponsor of S. 565, a bill to 
amend title XVIII of the Social Security Act to provide continued 
entitlement to coverage for immunosuppressive drugs furnished to 
beneficiaries under the Medicare Program that have received a kidney 
transplant and whose entitlement to coverage would otherwise expire, 
and for other purposes.


                                 S. 604

  At the request of Mr. Sanders, the name of the Senator from North 
Dakota (Mr. Dorgan) was added as a cosponsor 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. 657

  At the request of Mr. Grassley, the name of the Senator from 
Minnesota (Ms. Klobuchar) was added as a cosponsor of S. 657, a bill to 
provide for media coverage of Federal court proceedings.


                                 S. 663

  At the request of Mr. Nelson of Nebraska, the name of the Senator 
from Texas (Mrs. Hutchison) 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. 731

  At the request of Mr. Nelson of Nebraska, the name of the Senator 
from South Dakota (Mr. Johnson) was added as a cosponsor of S. 731, a 
bill to amend title 10, United States Code, to provide for continuity 
of TRICARE Standard coverage for certain members of the Retired 
Reserve.


                                 S. 755

  At the request of Mrs. Boxer, the name of the Senator from New York 
(Mr. Schumer) was added as a cosponsor of S. 755, a bill to amend the 
Public Health Service Act to authorize the Director of the National 
Cancer Institute to make grants for the discovery and validation of 
biomarkers for use in risk stratification for, and the early detection 
and screening of, ovarian cancer.


                                 S. 779

  At the request of Mr. Lautenberg, the names of the Senator from New 
Mexico (Mr. Udall) and the Senator from Missouri (Mr. Bond) were added 
as cosponsors of S. 779, a bill to amend titles 23 and 49, United 
States Code, to modify provisions relating to the length and weight 
limitations for vehicles operating on Federal-aid highways, and for 
other purposes.


                                 S. 819

  At the request of Mr. Durbin, the name of the Senator from North 
Carolina (Mrs. Hagan) was added as a cosponsor of S. 819, a bill to 
provide for enhanced treatment, support, services, and research for 
individuals with autism spectrum disorders and their families.


                                 S. 832

  At the request of Mr. Nelson of Florida, the names of the Senator 
from Texas (Mrs. Hutchison) and the Senator from Mississippi (Mr. 
Wicker) were added as cosponsors of S. 832, a bill to amend title 36, 
United States Code, to grant a Federal charter to the Military Officers 
Association of America, and for other purposes.


                                 S. 850

  At the request of Mr. Kerry, the name of the Senator from California 
(Mrs. Boxer) was added as a cosponsor of S. 850, a bill to amend the 
High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-
Stevens Fishery Conservation and Management Act to improve the 
conservation of sharks.


                                 S. 931

  At the request of Mr. Feingold, the name of the Senator from 
Minnesota (Mr. Franken) was added as a cosponsor of S. 931, a bill to 
amend title 9 of the United States Code with respect to arbitration.

[[Page 21212]]




                                 S. 971

  At the request of Mr. Schumer, the name of the Senator from New York 
(Mrs. Gillibrand) was added as a cosponsor of S. 971, a bill to 
implement a pilot program to establish truck parking facilities.


                                 S. 987

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


                                S. 1076

  At the request of Mr. Menendez, the names of the Senator from Vermont 
(Mr. Sanders) and the Senator from Illinois (Mr. Burris) were added as 
cosponsors of S. 1076, a bill to improve the accuracy of fur product 
labeling, and for other purposes.


                                S. 1156

  At the request of Mr. Harkin, the name of the Senator from 
Connecticut (Mr. Dodd) was added as a cosponsor of S. 1156, a bill to 
amend the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users to reauthorize and improve the safe routes to 
school program.


                                S. 1171

  At the request of Mr. Pryor, the name of the Senator from New York 
(Mr. Schumer) was added as a cosponsor of S. 1171, a bill to amend 
title XVIII of the Social Security Act to restore State authority to 
waive the 35-mile rule for designating critical access hospitals under 
the Medicare Program.


                                S. 1204

  At the request of Mrs. Murray, the names of the Senator from Arkansas 
(Mrs. Lincoln) and the Senator from Georgia (Mr. Isakson) were added as 
cosponsors of S. 1204, a bill to amend the Department of Veterans 
Affairs Health Care Programs Enhancement Act of 2001 to require the 
provision of chiropractic care and services to veterans at all 
Department of Veterans Affairs medical centers, and for other purposes.


                                S. 1273

  At the request of Mr. Dorgan, the names of the Senator from Maryland 
(Mr. Cardin), the Senator from Rhode Island (Mr. Whitehouse) and the 
Senator from Hawaii (Mr. Inouye) 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. 1295

  At the request of Mrs. Shaheen, the name of the Senator from New 
Jersey (Mr. Lautenberg) was added as a cosponsor of S. 1295, a bill to 
amend title XVIII of the Social Security Act to cover transitional care 
services to improve the quality and cost effectiveness of care under 
the Medicare program.


                                S. 1329

  At the request of Mr. Kohl, the name of the Senator from California 
(Mrs. Feinstein) was added as a cosponsor of S. 1329, a bill to 
authorize the Attorney General to award grants to State courts to 
develop and implement State courts interpreter programs.


                                S. 1339

  At the request of Mrs. Hagan, the name of the Senator from Arkansas 
(Mrs. Lincoln) was added as a cosponsor of S. 1339, a bill to provide 
for financial literacy education.


                                S. 1422

  At the request of Mrs. Murray, the names of the Senator from North 
Carolina (Mrs. Hagan) and the Senator from Minnesota (Mr. Franken) were 
added as cosponsors of S. 1422, a bill to amend the Family and Medical 
Leave Act of 1993 to clarify the eligibility requirements with respect 
to airline flight crews.


                                S. 1517

  At the request of Ms. Murkowski, the names of the Senator from Alaska 
(Mr. Begich) and the Senator from Alabama (Mr. Sessions) were added as 
cosponsors of S. 1517, a bill to enhance domestic energy security by 
increasing production from fossil--based resources in the outer 
Continental Shelf in an economically and environmentally responsible 
manner.


                                S. 1518

  At the request of Mr. Burr, the names of the Senator from Illinois 
(Mr. Burris) and the Senator from Iowa (Mr. Harkin) were added as 
cosponsors of S. 1518, a bill to amend title 38, United States Code, to 
furnish hospital care, medical services, and nursing home care to 
veterans who were stationed at Camp Lejeune, North Carolina, while the 
water was contaminated at Camp Lejeune.


                                S. 1524

  At the request of Mr. Kerry, the name of the Senator from South 
Dakota (Mr. Johnson) was added as a cosponsor of S. 1524, a bill to 
strengthen the capacity, transparency, and accountability of United 
States foreign assistance programs to effectively adapt and respond to 
new challenges of the 21st century, and for other purposes.


                                S. 1542

  At the request of Mr. Schumer, the name of the Senator from Maine 
(Ms. Collins) was added as a cosponsor of S. 1542, a bill to impose 
tariff--rate quotas on certain casein and milk protein concentrates.


                                S. 1593

  At the request of Mr. Menendez, the name of the Senator from Florida 
(Mr. Nelson) was added as a cosponsor of S. 1593, a bill to authorize 
the establishment of a Social Investment and Economic Development for 
the Americas Fund to reduce poverty, expand the middle class, and 
foster increased economic opportunity in that region, to promote 
engagement on the use of renewable fuel sources and on climate change 
in the Americas, and for other purposes.


                                S. 1595

  At the request of Mr. Merkley, the name of the Senator from Minnesota 
(Mr. Franken) was added as a cosponsor of S. 1595, a bill to amend the 
Truth in Lending Act to prohibit the distribution of any check or other 
negotiable instrument as part of a solicitation by a creditor for an 
extension of credit, to limit the liability of consumers in conjunction 
with such solicitations, and for other purposes.


                                S. 1652

  At the request of Mr. Harkin, the names of the Senator from Maine 
(Ms. Collins), the Senator from New Jersey (Mr. Lautenberg), the 
Senator from Arkansas (Mrs. Lincoln) and the Senator from Maryland (Ms. 
Mikulski) were added as cosponsors of S. 1652, a bill to amend part B 
of the Individuals with Disabilities Education Act to provide full 
Federal funding of such part.


                              S. RES. 231

  At the request of Mr. Bennett, the name of the Senator from 
Mississippi (Mr. Cochran) was added as a cosponsor of S. Res. 231, a 
resolution expressing the sense of the Senate that any health care 
reform proposal should slow the long--term growth of health costs and 
reduce the growth rate of Federal health care spending.


                              S. RES. 245

  At the request of Mr. Schumer, the name of the Senator from Virginia 
(Mr. Warner) was added as a cosponsor of S. Res. 245, a resolution 
recognizing September 11 as a ``National Day of Service and 
Remembrance'.


                              S. RES. 254

  At the request of Mrs. Gillibrand, the name of the Senator from 
Kansas (Mr. Roberts) was added as a cosponsor of S. Res. 254, a 
resolution honoring, commemorating, and celebrating the historic ties 
of the United States and the Netherlands on the quadricentennial 
celebration of the discovery of the Hudson River, and recognizing the 
settlement and enduring values of New Netherland, which continue to 
influence American society.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

 SENATE RESOLUTION 256--RECOGNIZING THE IMPORTANCE OF ``NATIONAL DRUG 
                 FACTS CHAT DAY'' ON NOVEMBER 10, 2009

  Mr. LEVIN submitted the following resolution; which was referred to 
the Committee on Health, Education, Labor, and Pensions:

[[Page 21213]]



                              S. Res. 256

       Whereas the National Institute on Drug Abuse created 
     ``National Drug Facts Chat Day'' to provide the opportunity 
     for school-aged youth and teachers in classrooms across the 
     United States to ask questions of the Nation's leading 
     experts in the field of drug abuse and addiction;
       Whereas on October 12, 2007, the first annual Drug Facts 
     Chat Day yielded over 35,000 questions from school-aged youth 
     across the United States, providing accurate information on 
     drug abuse and addiction;
       Whereas the National Survey on Drug Use and Health 
     indicated that, in 2007, nearly 8 percent of youth in the 
     United States between 12 and 17 years of age met diagnostic 
     criteria for abuse or dependence (addiction) to illegal drugs 
     or alcohol;
       Whereas the Monitoring the Future Study has yielded 
     encouraging news of generally declining past-month illicit 
     drug use rates for school-aged youth, noting a 24 percent 
     decline from 2001 to 2008 by students in the 8th, 10th, and 
     12th grades combined;
       Whereas declines in youth cigarette smoking, now at its 
     lowest rate since the Monitoring the Future Survey began 
     collecting data in 1975, will translate into fewer deaths 
     associated with the myriad medical consequences of smoking;
       Whereas while progress continues to be made, troubling 
     trends still abound, including widespread abuse of 
     prescription drugs among youth in the United States;
       Whereas research shows that as the perceived risks 
     associated with drugs increases, the abuse of such drugs 
     decreases;
       Whereas youth often get information about drugs, drug 
     abuse, and addiction from unreliable and inaccurate sources; 
     and
       Whereas ``National Drug Facts Chat Day'' is on November 10, 
     2009: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes the importance of ``National Drug Facts Chat 
     Day''; and
       (2) urges teachers, schools, and students to participate by 
     submitting questions and using the information provided to 
     increase their understanding of the science of drug abuse and 
     addiction among school-aged youth.

  Mr. LEVIN. Mr. President, the National Drug Facts Chat Day was 
designed by the National Institute on Drug Abuse of the National 
Institute of Health, NIDA, to provide the opportunity for school-aged 
youth and teachers in classrooms across the U.S. to ask questions of 
the Nation's leading experts in the field of drug abuse and addiction.
  One of the many activities on this occasion involves students and 
teachers interacting with professionals, including exchanging questions 
with them on the issues of illicit drug use, tobacco use, and 
prescription drug abuse, the latter of which has become a significant 
problem among our Nation's teens. NIDA hopes that ``the anonymous 
nature of the Internet will encourage youths to ask what is truly on 
their minds.
  Now in its third year, there are expected to be thousands of 
questions from every region of the country received and answered, 
yielding an enlightening glimpse into students' misconceptions about 
drug use. Students and teachers hunger for straightforward, scientific 
information on drug abuse and addiction. Drug Facts Chat Day, 
recognized on November 10, 2009, will provide them with timely, 
straightforward facts.
  I urge my colleagues in the Senate to join me in supporting 
recognition of this innovative and worthwhile program by adopting this 
resolution. I am very pleased that Representative Patrick Kennedy is 
simultaneously introducing a companion resolution in the House. As we 
are all aware, Representative Kennedy has been a passionate leader in 
increasing the understanding of the science of drug abuse and addiction 
among school-aged youth.

                          ____________________




SENATE RESOLUTION 257--TO CONSTITUTE THE MAJORITY PARTY'S MEMBERSHIP ON 
  CERTAIN COMMITTEES FOR THE ONE HUNDRED ELEVENTH CONGRESS, OR UNTIL 
                      THEIR SUCCESSORS ARE CHOSEN

  Mr. REID submitted the following resolution; which was considered and 
agreed to:

                              S. Res. 257

       Resolved, That the following shall constitute the majority 
     party's membership on the following committees for the One 
     Hundred Eleventh Congress, or until their successors are 
     chosen:
       COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY: Mrs. 
     Lincoln (Chairman), Mr. Harkin, Mr. Leahy, Mr. Conrad, Mr. 
     Baucus, Ms. Stabenow, Mr. Nelson (Nebraska), Mr. Brown, Mr. 
     Casey, Ms. Klobuchar, Mr. Bennet, Mrs. Gillibrand.
       COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS: Mr. 
     Harkin (Chairman), Mr. Dodd, Ms. Mikulski, Mr. Bingaman, Mrs. 
     Murray, Mr. Reed, Mr. Sanders, Mr. Brown, Mr. Casey, Mrs. 
     Hagan, Mr. Merkley, Mr. Franken, Majority Leader designee.

                          ____________________




                           NOTICE OF HEARING

                      COMMITTEE ON INDIAN AFFAIRS

  Mr. DORGAN. Mr. President, I would like to announce that the 
Committee on Indian Affairs will meet on Thursday, September 10, 2009, 
at 2:15 p.m. in Room 628 of the Dirksen Senate Office Building to 
conduct a business meeting on S. 797, a bill to amend the Indian Law 
Enforcement Reform Act, the Indian Tribal Justice Act, the Indian 
Tribal Justice Technical and Legal Assistance Act of 2000, and the 
Omnibus Crime Control and Safe Streets Act of 1968 to improve the 
prosecution of, and response to, crimes in Indian country, and for 
other purposes; S. 313, a bill to resolve water rights claims of the 
White Mountain Apache Tribe in the State of Arizona, and for other 
purposes; S. 375, a bill to authorize the Crow Tribe of Indians water 
rights settlement, and for other purposes; S. 965, a bill to approve 
the Taos Pueblo Indian Water Rights Settlement Agreement, and for other 
purposes; S. 1105, a bill to authorize the Secretary of the Interior, 
acting through the Commissioner of Reclamation, to develop water 
infrastructure in the Rio Grande Basin, and to approve the settlement 
of the water rights claims of the Pueblos of Nambe, Pojoaque, San 
Ildefonso, and Tesuque; and S. 1388, a bill to provide for equitable 
compensation to the Spokane Tribe of Indians of the Spokane Reservation 
for the use of tribal land for the production of hydropower by the 
Grand Coulee Dam, and for other purposes, to be followed immediately by 
a hearing to examine S. 1635, 7th Generation Promise: Indian Youth 
Suicide Prevention Act of 2009.
  Those wishing additional information may contact the Indian Affairs 
Committee at 202-224-2251.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


            COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTY

  Mr. BURRIS. Mr. President, I ask unanimous consent that the Committee 
on Agriculture, Nutrition, and Forestry be authorized to meet during 
the session of the Senate on Wednesday, September 9, 2009, at 10 a.m. 
in room 216 of the Hart Senate office building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. BURRIS. Mr. President, I ask unanimous consent that the Committee 
of Foreign Relations be authorized to meet during the session of the 
Senate on Wednesday, September 9, 2009, at 10 a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       committee on the judiciary

  Mr. BURRIS. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary be authorized to meet during the session of the 
Senate, on September 9, 2009, at 10 a.m. in room SD-226 of the Dirksen 
Senate Office Building, to conduct a hearing entitled ``Strengthening 
Forensic Science in the United States.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       committee on the judiciary

  Mr. BURRIS. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary be authorized to meet during the session of the 
Senate, on September 9, 2009, at 2:30 p.m. in room SD-226 of the 
Dirksen Senate Office Building, to conduct a hearing entitled 
``Nominations.''
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 21214]]



                          ____________________




                 AWARDING A GOLD MEDAL TO ARNOLD PALMER

  Mr. DURBIN. Mr. President, I ask unanimous consent the Banking 
Committee be discharged from further consideration of H.R. 1243 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1243) to provide for the award of a gold medal 
     on behalf of Congress to Arnold Palmer in recognition of his 
     service to the Nation in promoting excellence and good 
     sportsmanship in golf.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DURBIN. I ask unanimous consent the bill be read a third time and 
passed, the motion to reconsider be laid on the table, without any 
intervening action or debate, and any statements be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 1243) was ordered to a third reading, was read the 
third time, and passed.

                          ____________________




              MAKING MAJORITY PARTY COMMITTEE ASSIGNMENTS

  Mr. DURBIN. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of S. Res. 257, submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 257) to constitute the majority 
     party's membership on certain committees for the One Hundred 
     Eleventh Congress, or until their successors are chosen.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the 
resolution be agreed to and the motion to reconsider be laid on the 
table without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 257) was agreed to, as follows:

                              S. Res. 257

       Resolved, That the following shall constitute the majority 
     party's membership on the following committees for the One 
     Hundred Eleventh Congress, or until their successors are 
     chosen:

       COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY: Mrs. 
     Lincoln (Chairman), Mr. Harkin, Mr. Leahy, Mr. Conrad, Mr. 
     Baucus, Mr. Stabenow, Mr. Nelson (Nebraska), Mr. Brown, Mr. 
     Casey, Ms. Klobuchar, Mr. Bennet, Mrs. Gillibrand.
       COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS: Mr. 
     Harkin (Chairman), Mr. Dodd, Ms. Mikulski, Mr. Bingaman, Mrs. 
     Murray, Mr. Reed, Mr. Sanders, Mr. Brown, Mr. Casey, Mrs. 
     Hagan, Mr. Merkley, Mr. Franken, Majority Leader designee.

                          ____________________




                    DISCHARGE AND REFERRAL--S. 1599

  Mr. DURBIN. Mr. President, I ask unanimous consent the Armed Services 
Committee be discharged from further consideration of S. 1599 and the 
bill be referred to the Committee on the Judiciary.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




      REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 111-4

  Mr. DURBIN. As in executive session, I ask unanimous consent that the 
injunction of secrecy be removed from the following treaty transmitted 
to the Senate on September 9, 2009, by the President of the United 
States:
  Protocol Amending the Tax Convention with France (Treaty Document No. 
111-4).
  I further ask that the treaty be considered as having been read the 
first time; that it be referred, with accompanying papers, to the 
Committee on Foreign Relations and ordered to be printed; and that the 
President's message be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The message of the President is as follows:

To the Senate of the United States:
  I transmit herewith, for the advice and consent of the Senate to its 
ratification, the Protocol Amending the Convention between the 
Government of the United States of America and the Government of the 
French Republic for the Avoidance of Double Taxation and the Prevention 
of Fiscal Evasion with Respect to Taxes on Income and Capital, signed 
at Paris on August 31, 1994, as Amended by the Protocol signed on 
December 8, 2004, signed January 13, 2009, at Paris, together with a 
related Memorandum of Understanding, signed January 13, 2009 (the 
``proposed Protocol''). I also transmit for the information of the 
Senate the report of the Department of State, which includes an 
overview of the proposed Protocol.
  The proposed Protocol provides for the elimination of withholding 
taxes on certain cross-border direct dividend payments and on cross-
border royalty payments.
  The proposed Protocol also provides for mandatory arbitration of 
cases that the competent authorities of the countries have been unable 
to resolve after a reasonable period of time. The proposed Protocol 
contains a comprehensive provision designed to prevent ``treaty 
shopping,'' which is the inappropriate use of a tax treaty by third-
country residents. It provides for the exchange of information between 
tax authorities of the two countries to facilitate the administration 
of each country's tax laws.
  I recommend that the Senate give early and favorable consideration to 
the proposed Protocol and give its advice and consent to ratification.
                                                        Barack Obama.  
The White House, September 9, 2009.

                          ____________________




                         APPOINTMENT CORRECTION

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Record 
reflect that the appointment of GEN Michael Hayden to the Public 
Interest Declassification Board made during the adjournment of the 
Senate was made by the Republican leader rather than the majority 
leader.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




      ORDER FOR RECESS AND ORDERS FOR THURSDAY, SEPTEMBER 10, 2009

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
recess until 7:30 p.m. tonight; that at 7:40 p.m. the Senate proceed as 
a body to the Hall of the House of Representatives for a joint session 
to hear the President of the United States; that at the close of the 
joint session, the Senate adjourn until 9:30 a.m. tomorrow, Thursday, 
September 10; that following the prayer and pledge, the Journal of 
proceedings be approved to date, the morning hour be deemed expired, 
the time for the two leaders be reserved for their use later in the 
day, and there then be a period of morning business until 12:30 p.m., 
with the time equally divided and controlled between the two leaders or 
their designees; that following morning business the Senate proceed to 
executive session to resume consideration of Calendar No. 167, the 
nomination of Cass Sunstein; further, I ask that the time during any 
adjournment, recess or period of morning business count against the 
postcloture time.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. DURBIN. Mr. President, the time during morning business tomorrow 
will be dedicated for Senators to pay tribute to the late Senator 
Edward Kennedy.
  Senators will be notified when the vote on the confirmation of the 
Sunstein nomination is scheduled. If all time is used, the vote would 
occur around 11:30 p.m. tomorrow night.
  Finally, as a reminder to all Senators, at 2:45 p.m. tomorrow, George 
LeMieux will be sworn in as a Senator from the State of Florida.

[[Page 21215]]



                          ____________________




                                 RECESS

  Mr. DURBIN. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent that it stand in recess 
under the previous order.
  There being no objection, the Senate, at 6:43 p.m., recessed until 
7:30 p.m. and reassembled when called to order by the Presiding Officer 
(Mr. Begich).
  Mrs. SHAHEEN. 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. NELSON of Nebraska. Mr. President, I ask unanimous consent that 
the order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




JOINT SESSION OF THE TWO HOUSES--ADDRESS BY THE PRESIDENT OF THE UNITED 
                      STATES (H. Doc. No. 111-62)

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed as a body to the Hall of the House of Representatives to 
receive a message from the President of the United States.
  Thereupon, the Senate, preceded by the Deputy Sergeant at Arms, Drew 
Willison, the Secretary of the Senate, Nancy Erickson, and the Vice 
President of the United States, Joseph R. Biden, Jr., proceeded to the 
Hall of the House of Representatives to hear the address by the 
President of the United States, Barack H. Obama.
  (The address delivered by the President of the United States to the 
joint session of the two Houses of Congress is printed in the 
proceedings of the House of Representatives in today's Record.)

                          ____________________




                  ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

  At the conclusion of the joint session of the two Houses, and in 
accordance with the order previously entered, at 9:07 p.m., the Senate 
adjourned until Thursday, September 10, 2009, at 9:30 a.m.

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate:


                           IN THE COAST GUARD

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES COAST GUARD RESERVE TO THE GRADE INDICATED UNDER TITLE 
     10, U.S.C., SECTION 12203:

                           To be rear admiral

REAR ADM. (LH) STEVEN E. DAY


                            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. RALPH J. JODICE II

       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. WILLIAM J. REW

       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. CHRISTOPHER D. MILLER


                              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

LT. GEN. BENJAMIN C. FREAKLEY

       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. JOHN D. GARDNER

       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. FRANK G. HELMICK

       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. MARK P. HERTLING

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                        To be brigadier general

COLONEL ROBIN B. AKIN
COLONEL ROBERT P. ASHLEY, JR.
COLONEL JEFFREY L. BANNISTER
COLONEL JOSEPH L. BASS
COLONEL LEWIS M. BOONE
COLONEL CLARENCE K. K. CHINN
COLONEL KENNETH R. DAHL
COLONEL GORDON B. DAVIS, JR.
COLONEL SCOTT F. DONAHUE
COLONEL EDWARD F. DORMAN III
COLONEL RANDAL A. DRAGON
COLONEL BILLY D. FARRIS II
COLONEL TERRY R. FERRELL
COLONEL PAUL E. FUNK II
COLONEL RICKY D. GIBBS
COLONEL HAROLD J. GREENE
COLONEL CHRISTOPHER K. HAAS
COLONEL WILLIAM C. HIX
COLONEL STEPHEN B. LEISENRING
COLONEL STEPHEN R. LYONS
COLONEL JONATHAN A. MADDUX
COLONEL MARK A. MCALISTER
COLONEL JOHN J. MCGUINESS
COLONEL MICHAEL K. NAGATA
COLONEL BRYAN R. OWENS
COLONEL JAMES F. PASQUARETTE
COLONEL VICTOR PETRENKO
COLONEL AUNDRE F. PIGGEE
COLONEL JOHN S. REGAN
COLONEL BRYAN T. ROBERTS
COLONEL JOHN G. ROSSI
COLONEL WILLIAM J. SCOTT
COLONEL THOMAS C. SEAMANDS
COLONEL CHARLES L. TAYLOR
COLONEL KELLY J. THOMAS
COLONEL STEPHEN M. TWITTY
COLONEL JEFFERY L. UNDERHILL
COLONEL DARRELL K. WILLIAMS
COLONEL PETER B. ZWACK


                          IN THE MARINE CORPS

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES MARINE CORPS 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 A. PANTER, JR.

       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. THOMAS D. WALDHAUSER


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                    To be rear admiral (lower half)

CAPT. CHARLES A. RAINEY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                    To be rear admiral (lower half)

CAPT. JONATHAN W. WHITE 
       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                           To be rear admiral

REAR ADM. (LH) DAVID W. TITLEY





[[Page 21216]]

         HOUSE OF REPRESENTATIVES--Wednesday, September 9, 2009

  The House met at 10 a.m. and was called to order by the Speaker pro 
tempore (Mr. Holden).

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

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

                                               Washington, DC,

                                                September 9, 2009.
       I hereby appoint the Honorable Tim Holden to act as Speaker 
     pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  Dr. Benny Tate, Rock Springs Church, Milner, Georgia, offered the 
following prayer:
  Our heavenly Father, as we bow our heads in Your presence, today we 
are reminded of the prayer of President Lincoln, who said, ``I have 
been driven many times upon my knees by the overwhelming conviction 
that I had nowhere to go. My own wisdom, and that of all about me, 
seemed insufficient for that day.'' This morning, we also come to You, 
realizing we are insufficient and incapable. We come asking for divine 
protection for our men and women serving bravely in Iraq and 
Afghanistan and all over Your world. We acknowledge that freedom is not 
free and the trees of every generation are watered with the blood of 
its sons and daughters. We ask You to preserve and protect us. You said 
righteousness exalted the Nation but sin is a reproach to any people. 
May we seek righteousness and lives that please You.
  We lift up our Congress, Senate, and President. May our leaders 
acknowledge their dependence upon You and seek wisdom and direction 
from You.
  We pray this prayer, respecting all faiths, but we pray this prayer 
in the name of our Lord and Savior Jesus Christ. Until You come, we 
pray. Amen.

                          ____________________




                              THE JOURNAL

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

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from Texas (Mr. Sam 
Johnson) come forward and lead the House in the Pledge of Allegiance.
  Mr. SAM JOHNSON of Texas 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.

                          ____________________




                  HONORING THE REVEREND DR. BENNY TATE

  The SPEAKER pro tempore. Without objection, the gentleman from 
Georgia (Mr. Westmoreland) is recognized for 1 minute.
  There was no objection.
  Mr. WESTMORELAND. Mr. Speaker, I rise today to pay tribute to our 
guest chaplain for the day here in the House, the Reverend Dr. Benny 
Tate. Dr. Tate has served the members of Rock Springs Congregational 
Methodist Church in Milner, Georgia, for 20 years, and I'm honored to 
count him as a friend.
  Dr. Tate is a leader among God's followers. He's well known in 
Georgia for delivering powerful, informative, and even life-changing 
messages from the pulpit of his church and from behind the microphone 
of his radio show, Apples of Gold, which is broadcast statewide on 15 
stations.
  Rock Springs Congregational Methodist Church has thrived during Dr. 
Tate's tenure. The church has grown from 35 members when he took the 
helm 20 years ago to more than 4,600 worshippers today.
  The church has put those resources into the service of God's people 
and the church's community. Every day, Rock Springs teaches the next 
generation to live by biblical principles at Rock Springs Christian 
Academy. Dr. Tate's church also conducts a prison ministry and a 
nursing home ministry, and it sponsors a medical clinic for the 
uninsured. Georgia's Third District is privileged to have wise and 
selfless religious leaders such as Dr. Tate. It's a great honor to have 
him with us here today.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

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

                          ____________________




             HEALTH CARE REFORM WILL HELP SMALL BUSINESSES

  (Ms. KILROY asked and was given permission to address the House for 1 
minute.)
  Ms. KILROY. Mr. Speaker, for the last couple of years I have been 
talking to small businesses in my district, and one of the things that 
I consistently hear from them that they ask for help with is the issue 
of the cost of health care for small business. Small business is 
telling me they can't afford to buy health care or they are precluded 
from buying it because one of the members in their small group has a 
pre-existing condition, and insurance companies don't even sell to 
them. I'm here to tell them that we are listening to them and that, if 
health care reform passes this House and is signed into law, it can 
reform dramatically the small business health care costs.
  It can help small businesses by providing an exchange that they can 
access which will provide a bigger pool and shared risk and lower 
health care costs for them. And many small businesses would qualify for 
substantial tax credits to help small businesses make worker health 
care costs more affordable.
  This bill will not cost small business jobs. In fact, it will help 
save jobs, giving them more opportunities to spend their money to help 
add to their jobs rather than paying extremely high health care costs.

                          ____________________




                         HEALTH CARE SOLUTIONS

  (Mr. SAM JOHNSON of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend his remarks.)
  Mr. SAM JOHNSON of Texas. Mr. Speaker, you know, rather than 
complaining about the thousand-page, $1 trillion health care bill that 
rations care and increases costs, in my district I hosted a forum on 
health care solutions.
  A panel of experts shared some Texas-sized solutions they have used 
to fix what is broken in our health care system.
  These folks didn't rely on government bureaucrats to solve their 
problems. They didn't wait for a Washington bailout. They forged ahead 
with innovative programs that improved the quality of life for Texans--
ideas that both Democrats and Republicans can agree on.
  My constituents have told me loud and clear: one, they don't want 
government-controlled health care; two, the President and Democrats in 
Congress need to start over and listen to America. Go for real 
bipartisan solutions.

[[Page 21217]]



                          ____________________




                        HISPANIC HERITAGE MONTH

  (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 in honor 
of Hispanic Heritage Month, which begins on September 15 and runs 
through October 15. During this time we will celebrate the culture of 
people who trace our roots to Spain, Mexico, Central America, South 
America, and the Caribbean, and their contributions to American life.
  The achievements of the Hispanic community in America have positively 
affected so many aspects of our society. For example, there are now 
over 1.6 million Hispanic-owned businesses in America. Of these 
businesses, over 29,000 generate over $1 million worth of revenues 
every year.
  Hispanics in America are also succeeding in a wide variety of 
challenging fields. There are currently over 79,000 Hispanic 
executives, almost 51,000 Hispanic physicians and surgeons, almost 
49,000 Hispanic post-secondary teachers, and over 38,000 Hispanic 
lawyers.
  And lastly, let us not forget that there are over 1.1 million 
Hispanic veterans of the United States Armed Forces.

                          ____________________




             THERE ARE MANY SOLUTIONS TO 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, the President continues to 
try to sell the false myth that the health care debate is only between 
the Democrat bill or the status quo. This is completely inaccurate.
  Republicans have offered different solutions and legislation to fix 
what is wrong with our health insurance system. Unfortunately, 
Democrats are unwilling to acknowledge that there may be other 
proposals, reforms that do not add billions to the national debt, cost 
millions of jobs or expand the size and powers of the Federal 
Government. Republicans believe we can make health insurance more 
affordable by giving Americans more of their own tax dollars to 
purchase insurance, shop for plans across State lines, and association 
health plans for small businesses.
  The debate should be built on the honest exchange over what proposals 
are best to expand health insurance coverage, not on the false effort 
that we enact a big government takeover or do nothing.
  In conclusion, God bless our troops, and we will never forget 
September the 11th in the Global War on Terrorism.

                          ____________________




                              HEALTH CARE

  (Mr. CARNAHAN asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. CARNAHAN. This was an important August for America and for 
Members of this House. Back in Missouri, I had a number and variety of 
health care forums, from traditional townhalls to telephone townhalls, 
to roundtables of health care experts to kitchen table conversations 
with constituents. What we know is that the current system is broken, 
unsustainable, and unaffordable.
  So the number one contributor to our deficit, to personal 
bankruptcies and costs of those who have insurance has doubled in 10 
years. We also know we consider the source of the opponents peddling 
this information in this debate, the political gamers who just want to 
bring the President down, the profiteers who are making massive profits 
over the broken system.
  We need to have important insurance reforms to reduce costs through 
competition, and this needs to be deficit neutral.
  As Congress reconvenes and we prepare to hear the President tonight, 
we need to continue this great debate, even a spirited debate that we 
have to find commonsense solutions for the American people. That's what 
they expect, and that's what they deserve.

                          ____________________




              UTOPIAN ILLUSION: GOVERNMENT RUN HEALTH CARE

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Mr. Speaker, my grandmother used to say ``If you 
have your health, you have everything.'' Health is a personal and 
private matter with people. Individuals want to control who their 
doctor is. Now we are embarked upon a new philosophy regarding health 
care.
  The government thinks it knows better how to take care of Americans 
than individuals do. Kind of like the sarcastic statement, ``We're from 
the government, we're here to help you.''
  More government intrusion into personal lives alarms and scares 
people, especially seniors. They are afraid that additional government 
control of health care will take their personal choices away and give 
decisions and power to unelected, unaccountable 23-year-old bureaucrats 
in Washington, D.C. Frankly, many of my neighbors in Texas don't have 
the confidence that big government can provide better quality of health 
for this Nation.
  People are also worried about the billions of dollars to pay for this 
utopian illusion: money that will have to be borrowed, then paid back 
in more taxes. The people I represent think this new plan will make 
matters worse. Sort of like what my grandmother also said, ``If you 
think the problems government creates are bad, just wait until you see 
government solutions.''
  And that's just the way it is.

                          ____________________




                              HEALTH CARE

  (Mr. PASCRELL asked and was given permission to address the House for 
1 minute.)
  Mr. PASCRELL. I have a quote from Republican Chief Justice Earl 
Warren, no longer with us. He said, Many people consider the things 
which government does for them to be social progress, but they consider 
the things government does for others as socialism. He said it. It is a 
message to everybody in this House. The fearmongering that's gone on in 
the last 2 months does not bring us any closer to resolution.
  Look, private insurance companies are for-profit businesses. I can't 
blame them, you can't blame them for being in the business of denying 
access to needed care, avoiding and dumping the sick, and confusing 
consumers. They are, after all, driven by profits, not patients.
  I aim in my business, what I have to do here in the House is look out 
for my constituents, for the hard-working families in New Jersey that 
are being tossed aside so that insurance companies can maximize their 
profits. I support America's Affordable Health Choice Act because it 
creates a rational marketplace where Americans can find transparent 
information about their insurance options, guaranteeing coverage that 
won't discriminate based on health, gender, or job, and meaningful 
coverage that won't leave families laden with debt.

                          ____________________




         THE PRESIDENT'S RHETORIC SHOULDN'T BE TAKEN LITERALLY

  (Mr. SMITH of Texas asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. SMITH of Texas. Mr. Speaker, in a speech before the American 
Medical Association, the President made a promise to the American 
people which he has often repeated: If you like your doctor, you will 
be able to keep your doctor. If you like your health care plan, you 
will be able to keep your health care plan. No one will take it away, 
no matter what end.
  However, when asked about this, White House officials told the 
Associated Press, The President's rhetoric shouldn't be taken 
literally.
  So when it comes to serious concerns that most Americans have about 
health care proposals, White House officials admit you can't believe 
what the President says. That's astounding. If we can't take the 
President literally on his promises to the American people, why aren't 
the national media all

[[Page 21218]]

over this? The American people need the facts about health care reform, 
not political cover for the President.

                          ____________________




                              {time}  1015
                           HEALTH CARE REFORM

  (Mr. BUTTERFIELD asked and was given permission to address the House 
for 1 minute.)
  Mr. BUTTERFIELD. Mr. Speaker, during the August recess, not only did 
I conduct townhall meetings, but I toured medical facilities throughout 
my district. One of those visits has been etched vividly in my mind.
  In Elizabeth City, North Carolina, I met Derrick Williams at DaVita 
Dialysis Center. He tearfully explained to me that he had received a 
kidney transplant from his sister. The kidney worked well, but he was 
required to take a variety of antirejection medicines. He liked his 
insurance.
  His insurance company started reimbursing for the medicines, and he 
was very happy. But after just 2 years, the insurance company refused 
further reimbursement. Unable to afford the medicines, the kidney 
failed, he's back on dialysis, his sister is without a kidney, and 
Derrick is awaiting another kidney. What a tragedy.
  Health insurers should work with us and their policyholders. Instead, 
they continue to rake in huge profits by raising premiums $1,800 per 
year and cutting back on coverage.
  I urge the insurance industry to embrace health care reform, please.

                          ____________________




                            CONFIRMING CZARS

  (Mr. PITTS asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PITTS. Mr. Speaker, last Friday the so-called ``green jobs czar'' 
resigned from his post after it was revealed that he supported 9/11 
Truth organization statements insinuating that the government permitted 
the attacks to happen.
  This official was just one of the many czars the administration has 
appointed this year. There's a car czar, a pay czar, a science czar, a 
Great Lakes czar, plus 30 other czars.
  Typically, high-ranking officials go through a Senate confirmation 
process to ensure their fitness for the position, but none of President 
Obama's czars went through this process required by the Constitution.
  The Constitution calls for the Senate to give advice and consent for 
the appointment of its principal officers, a fitting definition for the 
power wielded by these czars.
  It is not too late for the President to properly vet his next green 
jobs czar and to willingly submit all of these high officials to a 
transparent process that can only strengthen his administration.
  When he was Senator, Obama said, ``The biggest problems that we're 
facing right now have to do with George Bush trying to bring more and 
more power into the executive branch and not go through Congress at 
all. And that's what I intend to reverse when I'm President of the 
United States.''
  Mr. Obama, it's time to keep your word.

                          ____________________




            HEALTH CARE REFORM: DISPELLING MYTHS FOR SENIORS

  (Ms. HIRONO asked and was given permission to address the House for 1 
minute.)
  Ms. HIRONO. The most damaging aspect of the misinformation 
circulating about health care insurance reform is the use of scare 
tactics targeted at our seniors. The cynical irony is that the 
misinformation targeting seniors is largely perpetuated by the very 
people who fought the establishment of Medicare and wanted to privatize 
Social Security.
  Here are the facts about some common myths:
  Myth No. 1, there will be rationing of health care. Not true. The 
bill promotes effective treatments through research.
  Myth No. 2, Medicare will be eliminated. Not true. In fact, reform 
will lower prescription drug costs for people in the doughnut hole, 
allow them to keep the doctors of their choice, improve the quality of 
care and eliminate billions in waste.
  Closing the doughnut hole is especially important for Hawaii's 
seniors. We have the highest percentage; 36 percent compared to 26 
percent nationally of our beneficiaries fall into this doughnut hole.
  Our current health care system, the costliest in the world for what 
we get, with ever increasing costs year after year, can't be sustained. 
I urge my colleagues to support reform now.

                          ____________________




                       UNACCOUNTABLE POLICY CZARS

  (Mr. STEARNS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. STEARNS. Mr. Speaker, the recent controversy and resignation by 
one of President Obama's policy czars highlights a very real problem: 
the President's use of unaccountable policy czars to circumvent the 
Constitution. Now, by one count, the White House has 32 policy czars, 
including a science czar, a regulatory czar, and even a Great Lakes 
czar.
  These czars are tasked with leading major policy efforts for the 
administration and have simply been granted a great deal of authority. 
Yet each czar, unlike a Cabinet secretary, is not subject to 
congressional oversight.
  Members of the Cabinet have to be approved by Congress, and they 
report to Congress. Policy czars have no such obligation. So what we 
have now is a situation where major policy decisions are being made by 
a group of people who are not approved by Congress, not subjected to 
congressional oversight, and operate without any transparency or 
accountability. This is not what our Constitution intended.

                          ____________________




                     OUR AILING HEALTH CARE SYSTEM

  (Mr. PERLMUTTER asked and was given permission to address the House 
for 1 minute.)
  Mr. PERLMUTTER. Mr. Speaker, we have a health care system that is 
ailing and is almost on life support. It needs a major operation, and 
it needs it in three ways.
  First, we have to stop discriminating against people with prior 
illnesses. It's wrong and probably unconstitutional under the 14th 
Amendment.
  Second, small businesses and individuals can't get health care 
insurance because they are too small or they're by themselves and have 
no pool. We need to make insurance and health care financing available 
to small businesses and to individuals.
  Third, we are on the cusp of some tremendous breakthroughs in 
medicine and in health care which will help us with heart disease, 
diabetes and cancer, but in general, wellness across the board, which 
will save this country a lot of money.
  We have the most expensive health care system in the world. We 
deserve the best health care system and financing, and that is the 
operation we are undertaking here in the Congress.

                          ____________________




                WHERE IS THE ACCOUNTABILITY OF CONGRESS?

  (Mr. FLEMING asked and was given permission to address the House for 
1 minute.)
  Mr. FLEMING. Mr. Speaker, before the August recess, I introduced a 
resolution to hold Members accountable for their health care reform 
decisions. House Resolution 615 simply states that if Members of 
Congress vote for the government takeover of health care, they agree to 
give up their private insurance paid for by the taxpayers and enroll in 
the government-run plan. So far, 78 Republican Members have joined as 
cosponsors but not one Democrat.
  Over 750,000 Americans from every State have contacted my office in 
support of this resolution. They are demanding that if government-run 
health care is good enough for Americans young and old, then it should 
certainly be good enough for the Members of Congress and their 
families.
  How dare Congress force government-run health care down the throats 
of our

[[Page 21219]]

fellow Americans and not be willing to choose it for themselves.
  Mr. Speaker, you have heard people speak out on this. Isn't it time 
for every Member of this body to stand up and be accountable to the 
people they represent by taking a dose of their same medicine they 
prescribe to their constituents?
  To my fellow Congressmen, won't you now join me in cosponsoring House 
Resolution 615 and prove that personal accountability finally does 
exist in Washington?

                          ____________________




                           HEALTH CARE REFORM

  (Ms. EDWARDS of Maryland asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Ms. EDWARDS of Maryland. Mr. Speaker, throughout the August recess, 
like my colleagues, I met with thousands of my constituents in 
Maryland's Fourth Congressional District. I heard the stories of so 
many who go to work every day but who also go without health insurance 
or with inadequate insurance to meet their family's needs.
  I heard from seniors whose out-of-pocket costs are soaring, families 
with insurance but who have been broken and bankrupt because of a 
tragic illness, parents concerned about their newly adult children who 
are no longer eligible for health benefits, and small businesses that 
want to provide health insurance but can't because of the staggering 
costs.
  It's time for us to stop talking and to start acting to provide 
quality, affordable, and accessible health care for all. We can't allow 
the loudest voices backed by corporate special interests, health 
insurance companies, and drug companies to stand in the way of 
meaningful reform. And we can't just tinker around the edges of reform 
either without bringing down costs and providing accountability.
  I join my colleagues in Congress in support of a robust public health 
insurance option that relies on Medicare providers as an essential 
mechanism to encourage real competition, lower costs for all Americans 
and keep insurance and drug companies honest.

                          ____________________




                           HEALTH CARE REFORM

  (Ms. FOXX asked and was given permission to address the House for 1 
minute.)
  Ms. FOXX. Mr. Speaker, tonight President Obama will address a joint 
session of Congress to make yet another appeal for his health care 
plan.
  According to an analysis by CBS News, the President has already 
delivered 27 speeches on the issue of health care. Tonight will mark 
speech number 28. Yet with each passing day, as the American public 
digs deeper into the details of the plan, they learn that the 
President's rhetoric doesn't always fit with reality.
  Pushing for a government takeover of health care with new spin will 
not change the minds of the American people who strongly and correctly 
oppose a government-run insurance plan.
  Tonight the President should reset on his health care plan and begin 
working with Republicans on bipartisan reform that addresses the 
concerns of Americans and that the American people can support.

                          ____________________




                           HEALTH CARE REFORM

  (Mr. YARMUTH asked and was given permission to address the House for 
1 minute.)
  Mr. YARMUTH. Mr. Speaker, Maureen Dowd had it right in her column 
today when she said there's a lot of confusion and skepticism out in 
the American public about the health care plan. There isn't, however, a 
lot of opposition. What I've found is that once you spend time with the 
American people explaining things like the public option, they become 
very supportive, as national polls now show. And why shouldn't they? 
There are lots of examples of public and private competition in this 
country.
  We spend billions of dollars as a society on bottled water every day 
when there is a public option, a much less expensive public option, 
turning on the faucet. Millions of Americans every day face the choice, 
they can drive their car to work or they can take the public option, a 
bus or a metro line.
  We understand in this country that sometimes competition and choice 
make a difference for the American people. When we adopt the public 
option as part of our health care reform package, we will make a 
difference in the health care delivery system in this country, and the 
American people will benefit from it.

                          ____________________




   PASSING ALONG CONCERNS OF HEALTH CARE REFORM FROM ARKANSAS' THIRD 
                           DISTRICT RESIDENTS

  (Mr. BOOZMAN asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. BOOZMAN. Mr. Speaker, during the August work period, I heard from 
thousands of Arkansans about health care reform. I promised my 
constituents that I would bring their stories and thoughts back to 
Washington so we can enact commonsense health reforms and have wide 
support throughout the country.
  While residents of the Third District are supportive of reform to cut 
the cost of health care and make it more affordable and accessible to 
all Americans, there is a consensus that the reforms currently under 
consideration by Congress aren't what they want. The overwhelming 
majority of citizens I heard from don't want the government to 
federalize their health care.
  We can create a better plan for health care reform that includes 
fixing the fraud in the Medicare and Medicaid systems, implementing 
tort reform and allowing Americans to own their own health insurance 
like they own their own car insurance.
  Congress needs to listen to what the American public is saying. Do 
not support federalizing health care. Don't destroy the good things of 
the American health system while trying to fix the bad.

                          ____________________




                           HEALTH CARE REFORM

  (Mr. COHEN asked and was given permission to address the House for 1 
minute.)
  Mr. COHEN. Mr. Speaker, I, like other Members of Congress, went home 
and had a townhall meeting on health care and met with many doctors. 
What I found is that the American public knows that the system is 
broken and that we need to change. The difficulty I have got in my 
district is I'm for a public option. But I'm not drawing a line in the 
sand to say I won't vote for a bill that improves the health care 
system, that takes care of the problem concerning preexisting 
conditions, that gives more wellness and preventative programs and that 
sees that we have more family doctors and health centers.
  For that, the liberals in my district, and I'm a liberal, are upset 
with me because I haven't said I won't vote for a bill that doesn't 
have a public option. On the other hand, there are people that are 
against health care at all, and if I vote for anything, they will be 
upset.
  Tonight the President of the United States will address the Nation. I 
plan to listen, and I plan to support the President of the United 
States in providing health care and making the greatest reforms in 
welfare moves for the people of our Nation and improvement in health 
care since 1965 when Medicaid and Medicare were passed. Those were 
great days for America.

                          ____________________




      HONORING NEW JERSEY SUPERIOR COURT JUDGE MARILYN RHYNE HERR

  (Mr. LANCE asked and was given permission to address the House for 1 
minute.)
  Mr. LANCE. Mr. Speaker, I rise to recognize former New Jersey 
Superior Court Judge Marilyn Rhyne Herr for her 15 years of outstanding 
service to our State. I was honored to be part of the celebration 
recently honoring Judge Herr as her portrait was unveiled for permanent 
display in the

[[Page 21220]]

Hunterdon County, New Jersey, courthouse.
  Judge Herr was sworn in to the New Jersey Superior Court in 1989, 
becoming the second woman resident of Hunterdon County to be named a 
Superior Court judge and the first assigned to the bench in our home 
County. She was for many years in the family division, a court Judge 
Herr called the most important court there is.
  More than a jurist, Judge Herr served for many years as a Girl Scout 
leader and two terms as president of the Rolling Hills Girl Scout 
Council. She is a patron of the arts, an avid reader of historical 
biographies, a former pilot, world traveler, and competitive tennis 
player.
  Like my wife and me, she is a resident of Clinton Township, Hunterdon 
County, New Jersey, and my wife and I are proud to call Marilyn Rhyne 
Herr our friend and neighbor.
  Congratulations, Judge Herr, and thank you for your service to New 
Jersey.

                          ____________________




                              {time}  1030
          THE WIND ENERGY RESEARCH AND DEVELOPMENT ACT OF 2009

  (Mr. LUJAN asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. LUJAN. Mr. Speaker, I want to take a moment to commend my 
colleague, Representative Paul Tonko, for his work on the Wind Energy 
Research and Development Act of 2009, a bill that I proudly cosponsored 
and supported during the committee markup process.
  Much of our clean energy future depends on our ability to harness and 
use the renewable power of wind. New Mexico is well positioned to be a 
leader in renewable energy development, and wind and solar energy have 
the potential to power an entire country.
  New Mexico's wind energy resources are vast. And as home to 
Department of Energy national laboratories in New Mexico, with Sandia 
and Los Alamos, New Mexico is a hub of scientific discovery and 
innovative technology.
  We are also investing in clean energy job training and education 
programs. In my district, the North American Wind Research and Training 
Center at Mesalands Community College has established curriculum and 
provided job training opportunities to create a strong labor force to 
support a robust renewable energy economy.
  Still, we have a lot of work to do, and we must continue to invest in 
renewable energy research and development. Investment in science and 
technology will be the key to our clean energy future, and I urge my 
colleagues to support this legislation.

                          ____________________




                 THE PRESIDENT'S JOINT SESSION ADDRESS

  (Mrs. BIGGERT asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Mrs. BIGGERT. Mr. Speaker, tonight when the President addresses the 
joint session of Congress, I hope that he will turn a new page in the 
health care debate, setting aside demands for a government-run, 
taxpayer-funded health care system and instead he will express support 
for real reforms that will reduce costs and increase access to quality 
health care for everyone regardless of preexisting conditions.
  I hope to hear that the President finally will fix the medical 
malpractice crisis that continues to drive costs up and drives doctors 
out of Illinois and other States. I hope the President will finally 
commit to our small businesses by allowing them to band together in an 
association health plan so that they can provide affordable health care 
to their employees. And, finally, I hope that the President will join 
Members on both sides of the aisle to end waste, fraud and abuse 
plaguing Medicare and robbing seniors of much-needed health benefits.
  It is my hope that after tonight's address the President and 
congressional Democrats will focus on bipartisan, commonsense reforms 
that will actually increase health care affordability and accessibility 
for all.

                          ____________________




               IT'S TIME TO ENACT REAL HEALTH CARE REFORM

  (Ms. TITUS asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. TITUS. As Congress returns to Washington to focus on the Nation's 
business, we bring back the many stories we heard while we were home in 
our districts.
  I spent much of August traveling around my district in southern 
Nevada talking to folks about health care. I held roundtables, I 
convened a Congress on the Corner, I participated in telephone town 
halls, and I visited community health clinics. I shared my views on 
reform; I dispelled many of the myths that were circulating by those 
who want to protect the status quo; and I heard from people who cannot 
afford health care or found out that they don't have the coverage for 
the medical treatment that they need.
  It is clear that we can no longer afford business as usual. The worst 
we can do is do nothing. The current health care system obviously isn't 
working, so it's time to enact real health care reform, health care 
reform that provides people with choice, lowers the cost of care, 
expands access, and provides Nevadans and all Americans with peace of 
mind should they or their families become ill.

                          ____________________




       THE AMERICAN PEOPLE HAVE SPOKEN; IS WASHINGTON LISTENING?

  (Mr. PENCE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PENCE. After a tumultuous month of townhall meetings across the 
Nation, the American people have spoken, and House Republicans are on 
the side of the American people.
  As the President comes into this well of Congress tonight to deliver 
a speech on health care reform, one thing is clear: the American people 
don't want just another speech on health care; they want another health 
care plan.
  What I heard back home is that the folks want us to take action here 
in Washington that will lower the cost of health insurance and lower 
the cost of health care in the long term, but the American people don't 
want us to launch a new government-run insurance plan that will lead to 
a government takeover of health care paid for with $800 billion in 
higher taxes.
  As the President knows, House Republicans have a broad range of 
legislative ideas, and we hope to hear and reflect on some of them 
tonight. Why not let Americans purchase health insurance the way 
Members of Congress can across State lines? Why not bring about 
reasonable restrictions and limits on medical malpractice claims to end 
the era of defensive medicine?
  House Republicans will welcome the President of the United States 
respectfully to the well of Congress tonight, and we stand ready to 
work with the Democratic majority to solve our health care challenges.
  The American people have spoken. Tonight we'll see if Washington is 
listening.

                          ____________________




                           HEALTH CARE REFORM

  (Ms. SPEIER asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. SPEIER. Mr. Speaker, ever since President Truman proposed a 
system to keep Americans from going bankrupt due to medical bills, the 
for-profit insurance industry has painted any effort at reform as un-
American. I want to talk today about health and wealth.
  Unlike then, there is now broad consensus that our system is 
unsustainable. Premiums are rising at three times the rate of 
inflation, 4,000 Americans are losing their coverage every day, and 
more and more are unable to get insurance simply because they have 
preexisting conditions. Still, those who profit most by the status quo, 
the for-profit insurers, continue to lie to the American people while 
they take home between $70,000 a day and $300,000 a day.
  Let me be clear: no one in Congress is trying to nationalize medical 
care. On

[[Page 21221]]

the contrary, providing Americans a basic low-cost public option simply 
expands access so that consumers can visit the doctors of their choice.
  It's time we start caring less about making private insurance 
companies and their CEOs wealthy and get back to making Americans 
healthy.

                          ____________________




        WAKE UP AMERICA: THIS IS THE TIME FOR HEALTH CARE REFORM

  (Mr. OLVER asked and was given permission to address the House for 1 
minute.)
  Mr. OLVER. Mr. Speaker, there are those in America who claim that we 
can't fix our broken health care system during an economic crisis. The 
truth is that we can't afford not to fix it.
  Health care premiums have risen every year for more than a decade, at 
least three times as fast as family incomes have risen. If we doing 
nothing, those rising health insurance premiums will eat up an ever 
larger slice of family incomes. Businesses that provide health 
insurance as a benefit for workers and their families will be ever more 
competitively disadvantaged. That is a loss of jobs that America cannot 
afford to lose.
  Others in America claim that reform will mean a government takeover 
of health care decisions. The opposite is true. Every American will be 
able to choose their insurance plan and their doctor, but dropping a 
person's coverage because of a preexisting condition will be prohibited 
from all insurance plans.
  Reform will ensure that the doctor and the family make the critical 
decisions on needed care. Now the insurance company executives make 
those decisions, and they only care about their profits.
  Wake up, America; this is the time for health care reform.

                          ____________________




      HEALTH INSURANCE REFORM DAILY MYTH BUSTER: IMPACT ON SENIORS

  (Mr. PAYNE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PAYNE. Mr. Speaker, we have nothing but myths and scare tactics 
to our seniors about health care.
  What is one of the myths? Under the health care reform, a government 
panel, a bureau, will tell you when you can die. Nothing can be further 
from the truth. It will be up to your doctor and your family. It simply 
provides reimbursement for Medicare for doing this.
  Another myth: health care reform will lead to rationed care. No such 
thing. We have it now. As a matter of fact, nothing will stand between 
you and your doctor to make the best decision. Reform actually takes 
insurance company bureaucrats out of this decision and let's you make 
it.
  What about the myth about health care reform is a government 
takeover? Just another lie. Under the bill, there is no government 
takeover of health care. Every American will still be able to choose 
their doctor and their health insurance plan and make decisions that 
they want.
  The fourth out of these five myths: health care will reform and end 
Medicare. Untrue. As a matter of fact, it will strengthen Medicare and 
it will lower prescription drug benefits--take that doughnut out of 
Medicare.
  And, finally: We can't afford to fix health care during an economic 
downturn. We can't afford not to fix it.

                          ____________________




   COMMUNICATION FROM THE HONORABLE JEAN SCHMIDT, MEMBER OF CONGRESS

  The SPEAKER pro tempore laid before the House the following 
communication from the Honorable Jean Schmidt, Member of Congress:

                                      House of Representatives

                                  Washington, DC, August 11, 2009.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: This is to notify you formally, 
     pursuant to Rule VIII of the Rules of the House of 
     Representatives, that I have been served with a subpoena for 
     documents issued by the Ohio Elections Commission.
       After consultation with counsel, I will make the 
     determinations required by Rule VIII.
           Sincerely,
                                                     Jean Schmidt,
     Member of Congress.

                          ____________________




           ELECTING A MINORITY MEMBER TO A STANDING COMMITTEE

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

                              H. Res. 723

       Resolved, That the following member be, and is hereby, 
     elected to the following standing committee:
       Committee on Oversight and Government Reform--Mr. 
     Luetkemeyer.

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

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate agreed to the following resolution:

                              S. Res. 255

       In the Senate of the United States, September 8, 2009.
       Whereas the Honorable Edward Moore Kennedy was elected to 
     the Senate in 1962 and served the people of Massachusetts in 
     the United States Senate with devotion and distinction for 
     nearly 47 years, the third longest term of service in Senate 
     history;
       Whereas the Honorable Edward Moore Kennedy became the 
     youngest Majority Whip in Senate history at the age of 36;
       Whereas the Honorable Edward Moore Kennedy served as 
     Chairman of the Senate Judiciary Committee from 1979-1981 and 
     as Chairman of the Senate Health, Education, Labor and 
     Pensions Committee for nearly 13 years between 1987-2009;
       Whereas the Honorable Edward Moore Kennedy made the needs 
     of working families and the less fortunate among us the work 
     of his life, particularly those of the poor, the 
     disenfranchised, the disabled, the young, the old, the 
     working class, the servicemember and the immigrant;
       Whereas his efforts on behalf of the citizens of 
     Massachusetts and all Americans earned him the esteem and 
     high regard of his colleagues;
       Whereas more than 300 laws bear his name and he co-
     sponsored more than 2,000 others covering civil rights, 
     health care, the minimum wage, education, human rights and 
     many other issues; and
       Whereas with his death his State and the Nation have lost 
     an outstanding lawmaker and public servant: Now, therefore, 
     be it
       Resolved, That the Senate has received with profound sorrow 
     and deep regret the announcement of the passing of the 
     honorable Edward Moore Kennedy, the great Senator from the 
     Commonwealth of Massachusetts.
       Resolved, That the Secretary of the Senate communicate 
     these resolutions to the House of Representatives and 
     transmit an enrolled copy thereof to the Kennedy family.
       Resolved, That when the Senate adjourns today, it stand 
     adjourned as a further mark of respect to the memory of the 
     deceased Senator.

  The message also announced that the Senate has agreed to without 
amendment a concurrent resolution of the House of the following title:

       H. Con. Res. 179. Concurrent resolution providing for a 
     joint session of Congress to receive a message from the 
     President.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas and nays are ordered, or on which 
the vote incurs objection under clause 6 of rule XX.
  Record votes on postponed questions will be taken later.

                          ____________________




            WIND ENERGY RESEARCH AND DEVELOPMENT ACT OF 2009

  Mr. TONKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3165) to provide for a program of

[[Page 21222]]

wind energy research, development, and demonstration, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3165

       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 ``Wind Energy Research and 
     Development Act of 2009''.

     SEC. 2. WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM.

       (a) In General.--The Secretary of Energy shall carry out a 
     program of research and development to--
       (1) improve the energy efficiency, reliability, and 
     capacity of wind turbines;
       (2) optimize the design and adaptability of wind energy 
     systems to the broadest practical range of atmospheric 
     conditions; and
       (3) reduce the cost of construction, generation, and 
     maintenance of wind energy systems.
       (b) Program.--The program under this section shall focus on 
     research and development of--
       (1) new materials and designs to make larger, lighter, less 
     expensive, and more reliable rotor blades;
       (2) technologies to improve gearbox performance and 
     reliability;
       (3) automation, materials, and assembly of large-scale 
     components to reduce manufacturing costs;
       (4) low-cost transportable towers greater than 100 meters 
     in height to capitalize on improved wind conditions at higher 
     elevations;
       (5) advanced computational modeling tools to improve--
       (A) the reliability of aeroelastic simulations of wind 
     energy systems;
       (B) understanding of the interaction between each wind 
     turbine component;
       (C) siting of wind energy systems to maximize efficiency 
     and minimize variable generation;
       (D) integration of wind energy systems into the existing 
     electric grid to ensure reliability; and
       (E) understanding of the wake effect between upwind and 
     downwind turbine operations;
       (6) advanced control systems and blade sensors to improve 
     performance and reliability under a wide variety of wind 
     conditions;
       (7) advanced generators, including--
       (A) medium-speed and low-speed generators;
       (B) direct-drive technology; and
       (C) the use of advanced magnets in generator rotors;
       (8) wind technology for offshore applications;
       (9) methods to assess and mitigate the effects of wind 
     energy systems on radar and electromagnetic fields;
       (10) wind turbines with a maximum electric power production 
     capacity of 100 kilowatts or less;
       (11) technical processes to enable--
       (A) scalability of transmission from remotely located 
     renewable resource rich areas; and
       (B) optimization of advanced infrastructure design, 
     including high voltage transmission; and
       (12) other research areas as determined by the Secretary.

     SEC. 3. WIND ENERGY DEMONSTRATION PROGRAM.

       (a) In General.--The Secretary of Energy shall conduct a 
     wind energy demonstration program. In carrying out this 
     section, the Secretary shall ensure that--
       (1) the program is of sufficient size and geographic 
     diversity to measure wind energy system performance under the 
     full productive range of wind conditions in the United 
     States;
       (2) demonstration projects carried out under this program 
     are--
       (A) conducted in collaboration with industry and, as 
     appropriate, with academic institutions; and
       (B) located in various geographic areas representing 
     various wind class regimes; and
       (3) data collected from demonstration projects carried out 
     under this program is useful for carrying out section 2(b).
       (b) Cost-Sharing.--The Secretary shall carry out the 
     program under this section in compliance with section 988(a) 
     through (d) and section 989 of the Energy Policy Act of 2005 
     (42 U.S.C. 16352(a) through (d) and 16353).

     SEC. 4. EQUAL OPPORTUNITY.

       In carrying out this Act, the Secretary of Energy shall--
       (1) coordinate with the Office of Minority Economic Impact 
     and with the Office of Small and Disadvantaged Business 
     Utilization; and
       (2) provide special consideration to applications submitted 
     by institutions, businesses, or entities containing majority 
     representation by individuals identified in section 33 or 34 
     of the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885a or 1885b).

     SEC. 5. COMPETITIVE AWARDS.

       Awards under section 2 and section 3 shall be made on a 
     competitive basis with an emphasis on technical merit.

     SEC. 6. COORDINATION AND NONDUPLICATION.

       To the maximum extent practicable the Secretary of Energy 
     shall coordinate activities under this Act with other 
     programs of the Department of Energy and other Federal 
     research programs.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Energy to carry out this Act $200,000,000 for each of the 
     fiscal years 2010 through 2014.

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


                             General Leave

  Mr. TONKO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on H.R. 3165, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. Mr. Speaker, I yield myself such time as I may consume.
  I am pleased that today we are considering H.R. 3165, the Wind Energy 
Research and Development Act of 2009.
  The United States has enough wind energy resources to meet all of our 
electricity needs several times over, but experience over the last 
several years has shown that many significant technical issues remain 
before wind can serve as a major provider of base-load electricity. 
This bipartisan bill will establish a far more comprehensive research, 
development and demonstration program for wind technologies at the 
Department of Energy than currently exists. It is based on several 
recent assessments of the challenges that need to be overcome for wind 
power to reach its full potential in the United States and has been 
fully endorsed by the American Wind Energy Association.
  If enacted, H.R. 3165 would become the first law to set an 
authorization level for wind research and development since DOE's 
immediate predecessor, the Energy Research and Development 
Administration, was established in 1975. As we continue to develop a 
national energy strategy, this will provide crucial guidance for the 
Department in the years ahead.
  I would like to thank my colleagues on the Science and Technology 
Committee on both sides of the aisle for working with me to make this 
bill as strong as possible. In particular, I have great thanks for our 
chairman of the committee, who has made a stalwart effort in advancing 
our legislation.
  In addition to the two Democratic amendments offered, we approved all 
five Republican amendments offered by voice vote. Thus, the bill 
ensures geographic diversity, coordination across the Federal 
Government, and a merit-reviewed award process, among other important 
provisions.
  I ask my colleagues in the House to support H.R. 3165, and look 
forward to working with our counterparts in the Senate to get this to 
the President's desk as soon as possible.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in support of H.R. 3165, the Wind Energy Research and 
Development Act of 2009.
  Wind energy has been and continues to be a very important part of the 
electricity-generating portfolio in this country, and in particular in 
my State of Texas, which I understand is the largest producer of wind 
energy in our country. However, the technology can be improved upon to 
make the wind turbines, systems and farms more efficient and more 
effective at producing energy.
  Renewable energy from wind currently makes up almost 2 percent of the 
energy generated in this country, but industry experts believe that 
number can be as high as 20 percent. H.R. 3165 can help this country 
reach that goal.
  The bill addresses the key research areas needed to expand our 
country's production of wind energy, and I thank Mr. Tonko for his work 
on this important renewable energy source and for working with both 
sides of the aisle to move this bill unanimously out of the Science 
Committee and before the House today.
  With that, I reserve the balance of my time.

[[Page 21223]]



                              {time}  1045

  Mr. TONKO. Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield 2 minutes to the gentleman 
from Nebraska (Mr. Smith).
  Mr. SMITH of Nebraska. Mr. Speaker, I rise today in support of H.R. 
3165, the Wind Energy Research and Development Act of 2009.
  My home State of Nebraska is sixth in the Nation in wind energy 
potential, yet lacks in transmission capacity and development for 
additional generation. As this legislation made its way through the 
Science and Technology Committee, we adopted my amendment, which will 
allow for research and development into ways to efficiently and cost 
effectively create high-voltage transmission for renewable energy.
  America needs a comprehensive national energy plan. An all-of-the-
above approach to our energy policy, one which includes offshore oil 
and gas production, as well as the advancement of technologies to 
develop alternative sources of energy such as wind power, needs to be 
on the table.
  Mr. TONKO. Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield back the balance of my time.
  Mr. TONKO. Mr. Speaker, as we continue to grow our dependency on wind 
power to meet this Nation's energy needs, it is important, critically 
important that we move forward aggressively with all efforts towards 
energy efficiency. This measure will do that. I strongly encourage our 
colleagues to support H.R. 3165.
  Ms. SUTTON. Mr. Speaker, I rise today in support of H.R. 3165, the 
Wind Energy Research and Development Act and would like to commend Rep. 
Tonko for his work on this issue.
   Wind power is one of our nation's fastest growing sources of energy. 
By 2030, the Department of Energy estimates that this industry will 
support 500,000 jobs in the U.S. and produce at least 20 percent of our 
Nation's electricity.
   And we must focus our investments, leveraging private dollars, to R 
& D areas that need to be improved. We must focus R & D to improve 
gearbox reliability and performance. We must focus R & D to make 
materials more reliable and more affordable. And we must focus R & D to 
utilize wind technology offshore.
   In Ohio, we are on the verge of the first fresh water wind energy 
project in the United States. Our project could serve as a prototype 
for harnessing wind energy on similar bodies of water across the 
nation. By utilizing the wind over Lake Erie, we will find another use 
for our great natural resource.
   We must pass the Wind Energy Research and Development Act today to 
harness wind energy's potential, both on shore and off, and move away 
from foreign sources of energy.
  Mr. HARE. Mr. Speaker, I rise today in strong support of H.R. 3165, 
the Wind Energy Research and Development Act of 2009. I commend my 
colleague from New York, Representative Tonko for authoring this 
important legislation which moves our Nation further down the path 
toward energy independence.
  As a representative of west central Illinois, I have the privilege of 
personally witnessing the development of our nation's energy future. 
Various companies, community colleges, counties, cities, and others in 
my congressional district are actively pursuing initiatives to develop 
and produce alternative sources of energy, and educate the new work 
force for this emerging field. In addition to the great work being done 
with biofuels, my district is also home to several wind energy 
projects, which is why I am happy we are considering H.R. 3165 on the 
House floor today.
  As its name implies, the Wind Energy Research and Development Act of 
2009 would provide much-needed funding for the research and development 
of technologies to advance wind turbine design, create better control 
systems and increase production capacity of energy output. The bill 
would also authorize $200 million annually for a new program aimed at 
developing technologies to improve the efficiency of wind turbines 
while reducing production costs.
  Not only does this legislation have the potential to establish a 
vibrant wind energy industry in the United States, but it could also 
lead to the creation of thousands of jobs in the manufacturing and 
engineering of wind turbines, turbine components, and turbine 
maintenance.
  Additionally, this investment in wind energy would address the 
looming energy crisis by capturing and harnessing a naturally produced 
and renewable alternative to fossil fuels. A recent report published by 
the Department of Energy confirmed the technical feasibility of 
producing an estimated 20 percent of America's energy from wind 
turbines by the year 2030. This important legislation would provide the 
funding we need for the development of the technologies to reach this 
goal.
  We have known for decades that the United States must turn to 
renewables and other forms of clean energy to combat climate change, 
achieve energy independence from unstable foreign nations, gain greater 
control over the cost of energy sources, and ensure energy security. 
Representative Tonko's bill would provide our country the tools needed 
to help facilitate this transition.
  The United States is poised to become the worldwide leader in clean 
energy development and production--we have the ingenuity, the will, the 
workers, and the resources. H.R. 3165 would ensure that we lead the 
next breakthrough in clean energy technology.
  Again, I thank my friend from New York and urge my colleagues to join 
me in voting for the Wind Energy Research and Development Act.
  Mr. TONKO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and pass the bill, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________




 RECOGNIZING CONTRIBUTIONS OF AMERICAN COUNCIL OF ENGINEERING COMPANIES

  Mr. TONKO. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 447) recognizing the remarkable contributions of 
the American Council of Engineering Companies for its 100 years of 
service to the engineering industry and the Nation.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 447

       Whereas the American Council of Engineering Companies 
     (ACEC) and its thousands of member firms are celebrating the 
     Council's 100th anniversary in 2009;
       Whereas the ACEC is the oldest and largest business 
     association of America's engineering industry, representing 
     more than 5,000 engineering firms that employ 500,000 
     professionals, engaged in a wide range of practices that 
     propel our economy and ensure a high quality of life for all 
     people in the United States;
       Whereas the ACEC represents engineers in private practice, 
     who design the infrastructure, energy, and technological 
     projects that ensure our Nation enjoys the highest standard 
     of living in the world and continues to compete successfully 
     in the 21st century economy;
       Whereas the ACEC member firms have been responsible for 
     many of the Nation's most significant achievements over the 
     past 100 years, including the roads, bridges, subways, 
     airports, buildings, industrial facilities, and water systems 
     that are the most advanced in the world; and
       Whereas the ACEC member firms have also been at the 
     forefront of the environmental movement, cleaning up 
     hazardous waste sites and incorporating sustainable solutions 
     in infrastructure works: Now, therefore, be it
       Resolved, That the House of Representatives congratulates 
     the American Council of Engineering Companies for its 100 
     years of service.

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


                             General Leave

  Mr. TONKO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on House Resolution 447, the resolution now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. Mr. Speaker, I yield myself as much time as I may consume.
  I rise today in support of House Resolution 447, recognizing the 
remarkable contributions of the American Council

[[Page 21224]]

of Engineering Companies for its 100 years of service to the 
engineering industry and our Nation. I also want to thank the gentleman 
from North Carolina (Mr. Shuler) for introducing this resolution.
  The American Council of Engineering Companies is the oldest and 
largest business association representing America's engineering 
industry. It represents more than 5,000 engineering firms that employ 
more than 500,000 engineers, architects, land surveyors, scientists and 
others. Its members engage in a wide range of engineering work, 
including designing the infrastructure, energy and technological 
projects that contribute to our economy and our quality of life.
  The American Council of Engineering Companies traces its roots back 
to 1909, when a group of engineers in private practice established the 
American Institute of Consulting Engineers. Today, the American Council 
of Engineering Companies is a large federation of 51 State and regional 
councils representing a large section of America's engineering 
industry.
  I congratulate the American Council of Engineering Companies on its 
100 years of service and urge passage of House Resolution 447.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today, of course, in support of House Resolution 447, 
recognizing the very remarkable contributions of the American Council 
of Engineering Companies for its 100 years of service to the 
engineering industry and to the Nation. ACEC is a large federation of 
51 State and regional councils representing the great breadth of 
America's engineering industry. This includes one of the largest 
councils serving 325 firms in my home State of Texas.
  ACEC represents more than 5,000 engineering firms that employ more 
than 500,000 engineers, architects, land surveyors, scientists and 
other specialists responsible for more than $100 billion of private and 
public works annually.
  It's an effective and growing advocate for advancing the practice of 
consulting engineering and the promotion of private enterprise, working 
to further the business interests and opportunities of the world's most 
respected engineering companies, those that design and build the roads, 
the bridges, the subways and the airports, industrial facilities and 
water systems of America. These buildings and infrastructure have truly 
been the backbone of American commerce and industry during the last 100 
years. The ACEC member companies that have helped to construct them 
will no doubt be on the front lines of the economic recovery that lies 
ahead of us.
  I commend ACEC and its member companies and employees for the 
immeasurable service and contribution to the country.
  I reserve the balance of my time.
  Mr. TONKO. Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield 2 minutes to the gentleman 
from Arkansas (Mr. Boozman).
  Mr. BOOZMAN. Mr. Speaker, I rise today in support of H. Res. 447, 
which recognizes the significant contributions of the American Council 
of Engineering Companies during its 100 years of service.
  The American Council of Engineering Companies, or ACEC, represents 
more than 5,000 engineering firms across the Nation who work to enhance 
and safeguard America's quality of life. These companies are involved 
in every aspect of our economy, from highways and infrastructure to 
drinking water to new technologies. In 1909, a loosely organized group 
of engineers in private practice established the American Institute of 
Consulting Engineers, AICE, the forerunner of ACEC.
  Since then, the organization has grown to encompass member firms that 
employ more than hundreds of thousands of engineers, architects, land 
surveyors, scientists and other specialists responsible for more than 
$200 billion of public and private works annually.
  There are now 51 State and regional ACEC counsels, including a 
chapter in my State of Arkansas. The 2008-2009 Arkansas chapter 
president, Jerry Martin; vice president, Matt Crafton; treasurer, Barry 
McCormick; and state director, Brent Massey, all are doing a tremendous 
job. I can attest firsthand to the Arkansas chapter's hard work and the 
tremendous job that they have done in contributing to the State of 
Arkansas.
  Mr. Speaker, the American Council of Engineering Companies' mission 
is to contribute to America's prosperity and welfare. I believe they do 
just that, and I commend the Council and their members for 100 years of 
outstanding service to the United States and urge adoption of H. Res. 
447.
  Mr. TONKO. Mr. Speaker, I now yield 3 minutes to Representative Earl 
Blumenauer of the State of Oregon. He is an outspoken voice for energy 
and environment matters and understands the role of engineers in that 
entire process.
  Mr. BLUMENAUER. Thank you. I appreciate the gentleman's courtesy and 
his leadership.
  If you spend a little time around here and work on a variety of 
issues, occasionally the various awards and honorary memberships come 
your way. Well, I am pleased to be an honorary fellow of the American 
Society of Civil Engineers. Nothing gives me more pride.
  In the fight to rebuild and renew America, the American Council of 
Engineering Companies is in the forefront. ACEC provides, as referenced 
by my colleagues on the floor, the technical know-how to plan, develop 
design projects and help manage them through construction. These 
companies are at the heart of the essential building blocks of the 
built environment, the bridges, roads, water, sanitation, transit, 
rail, buildings, environmental protection and cleanup. They are leaders 
in the policy areas as well.
  We have watched the engineering profession provide leadership and 
insight, counsel and advice in dealing with the reauthorization of our 
transportation bill, dealing with the recent legislation we have 
offered for a water trust fund, and with the reinstitution of the 
Superfund, the accountability that the ASCE has provided with an 
invaluable report card on the State of American infrastructure. They 
have done the study on a repeated basis, most recently issuing a new 
report that showed that we are still rated about a ``D'' in all the 
different categories. They do this on an ongoing basis to provide 
information that policymakers, businesses, the media can rely upon. 
Nobody else does it as well and as systematically.
  For years, Congress has ducked the tough questions of accountability 
and finance. Here again, ACEC is in the forefront.
  There are lots of jokes about engineers and the pocket-protector 
crowd, but I am deeply appreciative of how the American Council of 
Engineering Companies, and their thousands of engineers across the 
country, are playing a critical role in rebuilding and renewing America 
and making sure our communities are more liveable, our families are 
safer, healthier and more economically secure.
  I hope our Members not only celebrate this 100th anniversary, but 
maybe use this as an opportunity to take the time to look at the 
resources that ACEC gives to us to help us do our job better.
  Mr. HALL of Texas. Mr. Speaker, I yield 3 minutes to the gentleman 
from Michigan, Dr. Ehlers.
  Mr. EHLERS. I thank you for recognizing me, and I wish to join in the 
accolades. You just heard from the gentleman from Oregon (Mr. 
Blumenauer) about the pocket-protector crowd, and I am proud to say 
that I am a member of the pocket-protector crowd, although I am not an 
engineer; I am a physicist. But I rise to commend the engineers for the 
work that they do and to recognize not just the companies--you have 
already heard all the companies lauded, and they do great and marvelous 
work--but the engineers behind it are also essential.
  Whenever you step on an elevator, whenever you drive your car, 
whenever you go down a road or across a bridge, you are using 
engineering products.

[[Page 21225]]

Throughout your entire life everything you touch, almost everything you 
do is related to engineers who designed and built the objects that you 
are using.
  We fail to recognize the importance of this. Other countries have not 
failed to. India, for example, which has a much bigger population than 
the U.S., is now producing more engineers than we do.
  China, with a very large population, is producing considerably more 
engineers than we do. If we want to maintain our preeminent position as 
a Nation, we have to provide more emphasis and more incentives to 
engineers, and especially incentives to students to get into the 
engineering profession.
  And that is why it is extremely important that we improve our math 
and science curricula in the elementary and secondary schools, because 
it has become true that if students don't study enough math or science 
in the elementary and secondary schools, they will not go into 
engineering when they get to the university because they simply don't 
have the right background. So it is essential that we develop better 
programs and better-trained teachers for elementary and secondary 
school math and science courses, so that we can once again capture the 
lead in engineering and manufacturing that we have had for many years 
and which we are in danger of losing.
  So I urge that, as we celebrate what this particular organization has 
done, we also recognize that they need good engineers to accomplish 
their objectives and we, as a Congress, have a responsibility to make 
sure that we train the people who will become the engineers of the 
future.
  Mr. TONKO. Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield back the balance of my time.
  Mr. TONKO. Mr. Speaker, as an engineer serving in the House, I want 
to commend Representative Shuler for his work on House Resolution 447, 
which recognizes the American Council of Engineering Companies for its 
100 years of service. Obviously the impact made by engineers and 
related scientists on our society is profound.
  We need them to continue through their professionalism to lead us 
along the ways of discovery of creating new concepts and certainly 
designs that will lift us as a society. This Nation relies heavily on 
their professionalism and their services, and they will be those agents 
that transition this economy to an innovation economy.
  So I would ask that our colleagues strongly support House Resolution 
447.
  Mr. SOUDER. Mr. Speaker, I would like to express my support for H. 
Res. 447 and recognize the American Council of Engineering Companies 
for its 100 years of service to the engineering industry and the 
Nation. In Indiana, the American Council of Engineers has been active 
for 50 years and currently represents over 100 firms throughout the 
state.
  The engineering industry has been responsible for tremendous 
developments in the transportation, environmental and energy 
infrastructure that contribute to our economic success. Indiana has 
long been known as the ``Crossroads of America'' and our transportation 
infrastructure is fundamental to our economic health. Engineers design 
and create critical infrastructure to help ensure the goods we produce 
in our area are able to move to market.
  My Congressional District is the manufacturing center of the country 
and has the highest percentage manufacturing jobs in the United States. 
However, in recent years, these positions are increasingly becoming 
more hi-tech and require higher levels of skills and training.
  The American Council of Engineering Companies of Indiana is helping 
to meet this need through college scholarship programs that awarded 
$17,500 in 2009 to Indiana residents who are pursuing a Bachelors or 
Masters in engineering at an Indiana school. With programs like Project 
``Lead the Way,'' the American Council of Engineering Companies 
partners with Middle Schools and High Schools to promote engineering, 
and make science and math relevant to young students by demonstrating 
how these technical skills can be applied in every day life.
  Through these educational outreach programs, the American College of 
Engineering Companies is working to address the need for a skilled 
workforce and helping to generate interest in the math and science 
skills necessary for the next generation to succeed in our competitive 
global economy.
  I ask my colleagues to join me in recognizing the American Council of 
Engineering Companies on its 100th year anniversary.
  Mr. TONKO. Mr. Speaker, I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 447.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. TONKO. 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 and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                              {time}  1100
       SUPPORTING THE GOALS AND IDEALS OF NATIONAL AEROSPACE DAY

  Mr. TONKO. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 167), supporting the goals and 
ideals of National Aerospace Day, and for other purposes.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 167

       Whereas the missions to the Moon by the National 
     Aeronautics and Space Administration are recognized around 
     the globe as one of the most outstanding achievements of 
     humankind;
       Whereas the United States is a leader in the International 
     Space Station, the first permanent human habitation and 
     scientific laboratory in space;
       Whereas the first aircraft flight occurred in the United 
     States, and the United States operates the largest and safest 
     aviation system in the world;
       Whereas the United States aerospace industry is a powerful, 
     reliable source of employment, innovation, and export income, 
     directly employing 831,000 people in the United States and 
     supporting more than 2,000,000 jobs in related fields;
       Whereas space exploration is a source of inspiration that 
     captures the interest of young people;
       Whereas aerospace education is an important component of 
     science, technology, engineering, and mathematics education 
     and helps to develop the science and technology workforce in 
     the United States;
       Whereas aerospace innovation has led to the development of 
     advanced meteorological forecasting, which has saved lives 
     around the world;
       Whereas aerospace innovation has led to the development of 
     the Global Positioning System, which has strengthened 
     national security and increased economic productivity;
       Whereas the aerospace industry assists and protects members 
     of the Armed Forces with military communications, unmanned 
     aerial systems, situational awareness, and satellite-guided 
     ordinances; and
       Whereas September 16 is an appropriate date to observe 
     ``National Aerospace Day'': Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress--
       (1) supports the goals and ideals of ``National Aerospace 
     Day''; and
       (2) recognizes the contributions of the aerospace industry 
     to the history, economy, security, and educational system of 
     the United States.

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


                             General Leave

  Mr. TONKO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on House Concurrent Resolution 167, the 
resolution now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of H. Con. Res. 167, supporting the goals 
and ideals of National Aerospace Day. Since it opened in 1976, the 
Smithsonian Air and Space Museum has been

[[Page 21226]]

the most popular museum in our Nation's Capital, with over 6 million 
visitors each year. This is indicative of our Nation's love of flight 
and the importance of flight to our country's well-being.
  In this museum, you can see the Wright Flyer, which was the world's 
first powered airplane. You can also see the X-1 that Chuck Yeager 
first powered past the speed of sound and the Apollo XI capsule that 
returned Neil Armstrong, Buzz Aldrin and Michael Collins from their 
remarkable trip to the Moon. These are truly great achievements, and 
they deserve their hallowed place in our Nation's history.
  The industry and individuals that support our aerospace endeavors 
also deserve our recognition, because they are the ones that make the 
great achievements in flight and space exploration possible.
  The aerospace industry directly employs over 800,000 people in the 
United States with high-paying and high-tech jobs. In addition, the 
industry supports more than 2 million jobs in related fields. The 
United States is the unquestioned leader in aerospace technology, and 
it is a leadership position made possible only through the dedication 
of the talented aerospace workforce.
  I want to thank Representative Ehlers for introducing this resolution 
to recognize the contributions of the aerospace industry to our country 
and urge my colleagues to support its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of H. Con. Res. 167, supporting 
the goals and ideals of National Aerospace Day, introduced by my good 
friend Representative Vern Ehlers and cosponsored by a number of 
leading Members from both sides of the aisle.
  Domestic aerospace products, services and technologies underpin the 
Nation's quality of life, our security and economic vitality. These are 
fundamental to our ability to travel safely and conveniently throughout 
this country and the world. This enables our military to reach trouble 
spots quickly, to monitor those who wish to do us harm, and to 
accurately defeat imminent threats. Just as importantly, aerospace 
makes it possible for people and industries all across our country to 
quickly and inexpensively be part of our economic mainstream.
  The capabilities made possible by aerospace products in outer space 
are just as extraordinary. These have enabled safely landing men on the 
Moon, sending satellites to all the planets in our solar system, 
landing a satellite on an asteroid, building a permanently inhabited 
space station, monitoring weather, measuring changes to our planet, and 
providing instant communications to all parts of the globe. Space 
applications have enriched our lives and our understanding of the 
universe.
  The history of aerospace is long and storied, from the Wright 
Brothers, to the creation of the Federal National Advisory Committee on 
Aeronautics and NASA, to the vigorous industrial growth and 
technological innovation led by the likes of companies such as 
Rockwell, Mcdonnell Douglas, Grumman, North American, Boeing, Pratt and 
Whitney, and Beechcraft. That list could go on and on. These companies 
and many, many others have led the world in innovation and engineering 
excellence. It is because of their talented researchers, their 
engineers and machinists that our country leads the world in the 
production of aerospace products.
  Before closing, it bears repeating that aerospace products and 
services are one of the largest sources of export income in our balance 
of trade. Not only is aerospace a large source of domestic sales to our 
airplanes and our government, it is also an extraordinarily large 
source of foreign income.
  Mr. Speaker, H. Con. Res. 167 designates September 16th as National 
Aerospace Day to highlight the industry's importance to our economy and 
our way of life and to remind Americans of the extraordinary 
achievements it has fostered and continues to provide. I urge all 
Members to support this very worthwhile bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TONKO. Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield 5 minutes to the gentleman 
from Michigan, Dr. Ehlers.
  Mr. EHLERS. Mr. Speaker, I thank the gentleman for yielding.
  As the author of this resolution and as a co-Chair of the House 
Aerospace Caucus, along with co-Chair Congressman Norm Dicks, I rise in 
strong support of House Concurrent Resolution 167, which supports the 
goals and ideals of creating a National Aerospace Day, in addition to 
recognizing the contributions of the aerospace industry to the history, 
economy, security and the educational system of the United States. I 
thank the gentleman from New York and the gentleman from Texas for 
their detailed recital of the many successes that the American 
aerospace industry has had, and I will not repeat those.
  But as we celebrate the 40th anniversary of the Apollo Moon landing 
this year, it is appropriate that we pass this resolution recognizing 
the important achievements made possible by the aerospace industry. In 
addition to landing on the Moon, some other noteworthy achievements 
include leading the International Space Station project, innovative 
developments in meteorological forecasting, national defense, 
communications, and creating the Global Positioning System which has 
come to be used by consumers throughout the world in guiding them where 
they travel in their daily lives.
  The United States also maintains the largest, most complex and safest 
aviation system in the world, comprised of more than 230,000 general 
aviation aircraft which use nearly 19,000 small and regional airports 
throughout our Nation, and more than 7,000 commercial passenger and 
cargo airline aircraft which utilize over 500 commercial airports. Our 
aviation system, especially business aviation, allows U.S. companies to 
stay competitive because our workers can be more productive and more 
efficient.
  The United States aerospace industry is a powerful, reliable source 
of employment, innovation and export income, employing more than 
840,000 people in the United States and supporting more than 2 million 
jobs in related fields. Although unemployment remains high, especially 
in my home State of Michigan, these high-value, good-paying jobs 
continue to be available because of the shortage of qualified workers 
in this field.
  Therefore, in order for the United States to remain at the forefront 
of aerospace development, we must do a better job of educating our 
children in science, technology, engineering and mathematics, commonly 
referred to as STEM education. Flying and space exploration remain a 
powerful inspiration that captures the interest of young people, and I 
applaud the efforts by the aerospace community to get involved with 
children and schools to nurture this interest and improve our STEM 
education programs.
  I am proud to report that in my hometown of Grand Rapids, Michigan, a 
young gentleman, Patrick Johnson, who is a pilot, has formed the West 
Michigan Flight Academy, and been teaching aviation to children in the 
elementary schools, particularly those who are lagging behind. He has 
been helping them build model airplanes and fly them. Just about a 
month ago, I was with him when we went to a local meeting of the 
Experimental Aircraft Association chapter in my community.
  Many of these children went up in an airplane for the first time in 
their life. They got to stand by the airplanes and hear an explanation 
of what the different parts of the airplanes were and how they work. 
And, believe it or not, most of those children are now very interested 
in studying math and science to better understand aviation, and may 
enter an occupation they had never thought of before. So aviation also 
has a very important educational impact, and I am pleased that the 
aerospace industry has helped schools and teachers learn more and teach 
more about aviation, and through that has inspired

[[Page 21227]]

children to study science and mathematics.
  I hope my colleagues will join me in honoring the aerospace industry 
for their good service by supporting the creation of a National 
Aerospace Day on September 16th. I also urge all members to vote for 
this concurrent resolution, H. Con. Res. 167.
  Mr. HALL of Texas. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. TONKO. Mr. Speaker, I would again like to commend Representative 
Ehlers for his outstanding work on this resolution, drawing our 
attention to a National Aerospace Day. It is no small feat to have seen 
the history of the aerospace arena grow in leaps and bounds over the 
last century, and certainly writing much of that history was America 
and Americans who have, through their investment, given great 
opportunities to careers, to jobs that have been developed in that 
arena of a high-tech capacity, and certainly that have provided great 
hope and inspiration to many.
  With all that being said, I would strongly encourage the Members of 
the House to support H. Con. Res. 167.
  Mr. KUCINICH. Mr. Speaker, I thank Congressman Ehlers for his 
leadership on this bill and I am proud to be a cosponsor of this 
important legislation. National Aerospace Day recognizes the importance 
of NASA, its world-class employees and the decades of successes those 
employees have accumulated for NASA. NASA contributes greatly to the 
advancement of scientific research and is responsible for technology 
that we use every single day.
  Yesterday, the Summary Report by the Review of U.S. Human Spaceflight 
Plans Committee was released. The Committee's report confirms what 
we've known for a long time--NASA is underfunded. Supporting and 
adequately funding NASA's programs that contribute to its human space 
flight initiative is essential for the U.S. to maintain its global 
leadership.
  While I agree with the Commission that NASA's research centers like 
NASA Glenn in Brook Park, Ohio need more funding in order to achieve 
the mandates given to them by Congress and the President, I am 
particularly concerned with the recommendations in the Committee Report 
to privatize important parts of NASA. Privatization of a public 
resource is dangerous. We must not let ourselves fall for the lure of 
the potential for short term savings when privatization frequently ends 
up costing the taxpayer much more than purported savings, not to 
mention well-paying, stable jobs. At a time of record high unemployment 
rates, we cannot afford to compromise the integrity of one of our 
nation's greatest assets by outsourcing NASA's work.
  I want to also be clear that NASA must not become an arm of the 
Department of Defense. NASA has always focused on civilian research, 
which has allowed it to avoid becoming subsumed by the perpetual 
imperative of national security.
  NASA's aeronautics research is particularly important because NASA is 
able to develop longer term, high-risk enabling technologies that our 
private industry is unable and unwilling to perform. If we lose 
aeronautics at NASA, we will cede our global leadership in the field to 
Europe.
  I have the privilege of having the NASA Glenn Research Center in my 
district. NASA Glenn serves as an economic engine for the Greater 
Cleveland Community and for the State of Ohio. In the year 2007 alone, 
the economic output of NASA Glenn was $1.2 billion. As of 2007, NASA 
Glenn was responsible for over 8,000 jobs and household earnings 
amounting to $402 million in Ohio alone.
  NASA Glenn's employees have been global leaders in their field for 
decades. In fact, Glenn has won 98 of the 150 R&D 100 Awards from R&D 
Magazine that have been granted to NASA since 1966, more than all the 
other NASA centers combined. Of over 600 national laboratories, Glenn 
is in the top 10 for these awards.
  NASA Glenn specializes in space flight systems development, 
aeropropulsion, space propulsion, power systems, communications, and 
human-related systems. They develop cleaner technologies for space 
propulsion that is safer, more reliable and more affordable. NASA's 
expertise in renewable energy and energy efficient technologies will be 
critical to a burgeoning green economy.
  NASA Glenn plays a vital role in developing NASA's future generation 
of space flight vehicles and is the lead developer of the lunar 
lander's ascent stage propulsion system--the system responsible for 
getting our astronauts back to earth from the moon. The Center is vital 
in training and recruiting the next generation of employees that will 
work on future space flight missions to the Moon and Mars through its 
educational partnership programs with local universities.
  I am proud of the work done at NASA Glenn and of the important 
contributions NASA has made to our Nation. Congress has an obligation 
to fully support NASA and I strongly urge passage of this bill.
  Mr. TONKO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 167.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




HEAVY DUTY HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACT 
                                OF 2009

  Mr. TONKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 445) to establish a research, development, demonstration, and 
commercial application program to promote research of appropriate 
technologies for heavy duty plug-in hybrid vehicles, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 445

       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 ``Heavy Duty Hybrid Vehicle 
     Research, Development, and Demonstration Act of 2009''.

     SEC. 2. ADVANCED HEAVY DUTY HYBRID VEHICLE TECHNOLOGY 
                   RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 
                   COMMERCIAL APPLICATION PROGRAM.

       (a) Establishment.--The Secretary shall establish a 
     competitive research, development, demonstration, and 
     commercial application program (referred to in this Act as 
     the ``program'') to provide grants to applicants to carry out 
     projects to advance research and development and to 
     demonstrate technologies for advanced heavy duty hybrid 
     vehicles.
       (b) Applications.--
       (1) In general.--The Secretary shall issue requirements for 
     applying for grants under the program.
       (2) Selection criteria.--The Secretary shall establish 
     selection criteria for awarding grants under the program. In 
     evaluating applications, the Secretary shall--
       (A) consider the ability of applicants to successfully 
     complete both phases described in subsection (c); and
       (B) give priority to applicants who are best able to--
       (i) fill existing research gaps and achieve the greatest 
     advances beyond the state of current technology; and
       (ii) achieve the greatest reduction in fuel consumption and 
     emissions.
       (3) Partners.--An applicant for a grant under this section 
     may carry out a project in partnership with other entities.
       (4) Schedule.--
       (A) Application request.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish in the Federal Register, and elsewhere as 
     appropriate, a request for applications to undertake projects 
     under the program. Applications shall be due not later than 
     90 days after the date of such publication.
       (B) Application selection.--Not later than 90 days after 
     the date on which applications for grants under the program 
     are due, the Secretary shall select, through a competitive 
     process, all applicants to be awarded a grant under the 
     program.
       (5) Number of grants.--The Secretary shall determine the 
     number of grants to be awarded under the program based on the 
     technical merits of the applications received. The number of 
     grants awarded under the program shall not be less than three 
     or more than seven, and at least half of the grants awarded 
     shall be for plug-in hybrid technology.
       (6) Award amounts.--The Secretary shall award not more than 
     $3,000,000 to each recipient per year for each of the 3 years 
     of the project.
       (c) Program Requirements; Two Phases.--Each grant recipient 
     shall be required to complete two phases:
       (1) Phase one.--
       (A) In general.--In phase one, the recipient shall research 
     and demonstrate advanced hybrid technology by producing or 
     retrofitting one or more advanced heavy duty hybrid vehicles.
       (B) Report.--Not later than 60 days after the completion of 
     phase one, the recipient

[[Page 21228]]

     shall submit to the Secretary a report containing data and 
     analysis of--
       (i) the performance of each vehicle in carrying out the 
     testing procedures developed by the Secretary under 
     subparagraph (E);
       (ii) the performance during such testing of each vehicle's 
     components, including the battery, energy management system, 
     charging system, and power controls;
       (iii) the projected cost of each vehicle, including 
     acquisition, operating, and maintenance costs; and
       (iv) the emissions levels of each vehicle, including 
     greenhouse gas levels.
       (C) Termination.--The Secretary may terminate the grant 
     program with respect to the project of a recipient at the 
     conclusion of phase one if the Secretary determines that the 
     recipient cannot successfully complete the requirements of 
     phase two.
       (D) Timing.--Phase one begins upon receipt of a grant under 
     the program and has a duration of one year.
       (E) Testing procedures.--The Secretary shall develop 
     standard testing procedures to be used by recipients in 
     testing each vehicle. Such procedures shall include testing a 
     vehicle's performance under typical operating conditions.
       (2) Phase two.--
       (A) In general.--In phase two, the recipient shall 
     demonstrate advanced manufacturing processes and technologies 
     by producing or retrofitting fifty advanced heavy duty hybrid 
     vehicles.
       (B) Report.--Not later than 60 days after the completion of 
     phase two, the recipient shall submit to the Secretary a 
     report containing--
       (i) an analysis of the technological challenges encountered 
     by the recipient in the development of the vehicles;
       (ii) an analysis of the technological challenges involved 
     in mass producing the vehicles; and
       (iii) the manufacturing cost of each vehicle, the estimated 
     sale price of each vehicle, and the cost of a comparable non-
     hybrid vehicle.
       (C) Timing.--Phase two begins at the conclusion of phase 
     one and has a duration of two years.
       (d) Research on Vehicle Usage and Alternative Drive 
     Trains.--The Secretary shall conduct research into 
     alternative power train designs for use in advanced heavy 
     duty hybrid vehicles. Such research shall compare the 
     estimated cost, including operating and maintenance costs, 
     emissions reductions, and fuel savings of each design with 
     similar non-hybrid power train designs under the conditions 
     in which these vehicles are typically used, including, for 
     each vehicle type--
       (1) number of miles driven;
       (2) time spent with the engine at idle;
       (3) horsepower requirements;
       (4) length of time the maximum or near maximum power output 
     of the vehicle is needed; and
       (5) any other factors that the Secretary considers 
     appropriate.
       (e) Report to the Congress.--Not later than 60 days after 
     the Secretary receives the reports from grant recipients 
     under subsection (c)(2)(B), the Secretary shall submit to the 
     Congress a report containing--
       (1) an identification of the grant recipients and a 
     description of the projects to be funded;
       (2) an identification of all applicants who submitted 
     applications for the program;
       (3) all data contained in reports submitted by grant 
     recipients under subsection (c);
       (4) a description of the vehicles produced or retrofitted 
     by recipients in phase one and phase two of the project, 
     including an analysis of the fuel efficiency of such 
     vehicles; and
       (5) the results of the research carried out under 
     subsections (d) and (h).
       (f) Coordination and Nonduplication.--To the maximum extent 
     practicable, the Secretary shall coordinate, and not 
     duplicate, activities under this Act with other programs and 
     laboratories of the Department of Energy and other Federal 
     research programs.
       (g) Cost Sharing.--Section 988 of the Energy Policy Act of 
     2005 (42 U.S.C. 16352) shall apply to the program established 
     pursuant to this section.
       (h) Electrical Grid Research Pilot Program.--The Secretary 
     shall establish a pilot program through the National 
     Laboratories and Technology Centers of the Department of 
     Energy to research and test the effects on the domestic 
     electric power grid of the widespread use of plug-in hybrid 
     vehicles, including plug-in hybrid vehicles that are advanced 
     heavy duty hybrid vehicles.
       (i) Definitions.--For purposes of this section:
       (1) Advanced heavy duty hybrid vehicle.--The term 
     ``advanced heavy duty hybrid vehicle'' means a vehicle with a 
     gross weight between 14,000 pounds and 33,000 pounds that is 
     fueled, in part, by a rechargeable energy storage system.
       (2) Greenhouse gas.--The term ``greenhouse gas'' means--
       (A) carbon dioxide;
       (B) methane;
       (C) nitrous oxide;
       (D) hydrofluorocarbons;
       (E) perfluorocarbons; or
       (F) sulfur hexafluoride.
       (3) Plug-in hybrid.--The term ``plug-in hybrid'' means a 
     vehicle fueled, in part, by electrical power that can be 
     recharged by connecting the vehicle to an electric power 
     source.
       (4) Retrofit.--The term ``retrofit'' means the process of 
     creating an advanced heavy duty hybrid vehicle by converting 
     an existing, fuel-powered vehicle.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (j) Authorization of Appropriations.--
       (1) There are authorized to be appropriated to the 
     Secretary $16,000,000 for each of fiscal years 2010 through 
     2012 to carry out this section.
       (2) Of the funds authorized under paragraph (1), not more 
     than $1,000,000 per fiscal year may be used for--
       (A) carrying out the studies required under subsection (d);
       (B) carrying out the pilot program required under 
     subsection (h); and
       (C) the administration of the program.

     SEC. 3. EXPANDING RESEARCH IN HYBRID TECHNOLOGY FOR LARGE 
                   VEHICLES.

       Subsection (g)(1) of the United States Energy Storage 
     Competitiveness Act of 2007 (enacted as section 641(g)(1) of 
     the Energy Independence and Security Act of 2007 (42 U.S.C. 
     17231(g)(1))) is amended by inserting ``vehicles with a gross 
     weight over 16,000 pounds,'' before ``stationary 
     applications''.

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


                             General Leave

  Mr. TONKO. 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. 445, the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is my pleasure to put before the House today H.R. 445 
by Mr. Jim Sensenbrenner. The House passed a nearly identical bill, 
H.R. 6323, in the 110th Congress and, unfortunately, that is as far as 
the bill got. Hopefully we can get some movement on this measure this 
time around.
  By enhancing the Department of Energy's research program in heavy 
duty hybrid trucks, this bill draws much needed focus to a very 
critical component of the transportation sector, that being commercial 
trucks.
  We have repeatedly learned the hard way just how much the health of 
our economy can hinge on the commercial transportation sector. Costly 
fuel translates directly into higher prices for consumers since the 
large majority of products we consume or use, from food to building 
materials, are at some point transported by a medium to heavy duty 
truck. We must take measures to ensure that this remains a vibrant 
economic sector.
  The heavy truck sector also plays a role in our energy security and 
environmental health. Approximately one-fourth of the Nation's fuel use 
and the majority of transportation-based emissions can be attributed to 
heavy duty trucks. One large tractor-trailer rig uses as much fuel 
annually as 48 passenger vehicles. We can see how even small 
improvements in their efficiency can have a substantial impact.
  As with passenger vehicles, hybrid technologies hold the greatest 
promise for improving the fuel economy and emissions of commercial 
trucks, but considerable research and development is required to put 
these technologies on the road. While the technological requirements 
for hybrid trucks are very different, advances in this sector can 
benefit the domestic automotive sector as a whole by providing 
invaluable lessons learned in the designing and manufacturing of these 
systems.

                              {time}  1115

  Mr. Sensenbrenner's bill represents a commonsense approach to 
chipping away at our energy challenge. I believe this is an important 
piece of legislation in the large and complex puzzle that is our 
transportation sector. And I urge my colleagues to support the measure.
  Mr. Speaker, I reserve the balance of my time.

[[Page 21229]]


  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume. I rise today in support of H.R. 445, the Heavy Duty Hybrid 
Vehicle Research, Development, and Demonstration Act of 2009, sponsored 
by my good friend, Congressman Sensenbrenner. H.R. 445 was originally 
introduced in the 110th Congress as H.R. 6323, where it passed out of 
the Committee on Science and Technology with bipartisan support and 
input from both sides of the aisle and was passed by the House of 
Representatives under suspension of the rules by voice vote.
  I'm pleased that Mr. Sensenbrenner reintroduced his bill in this 
Congress that we're debating on the floor today. While most of the 
attention on hybrid vehicles has been focused on passenger cars, large, 
heavy duty hybrid trucks have received limited funds for Federal 
research and development programs. However, because trucks generally 
use much more fuel per year than passenger vehicles, the overall 
potential on satisfaction is very significant. The Environmental 
Protection Agency establishes that a typical delivery truck using a 
hydraulic hybrid system could save up to 1,000 gallons of fuel per 
year.
  In light of the proposed savings in fuel use and resulting emissions 
reduction, the Heavy Duty Hybrid Vehicle Research, Development, and 
Demonstration Act of 2009 aims to encourage the advancement of the 
needed technology to bring about these savings. The bill directs the 
Secretary of Energy to establish a grant program for the development of 
advanced heavy duty hybrid vehicles.
  These grants are awarded in two phases. In phase one, grant 
recipients are required to build or retrofit one or more advanced heavy 
duty hybrid vehicles and to collect required data. In phase two, grant 
recipients are required to produce or retrofit 50 advanced heavy duty 
hybrid vehicles, collect required data, and report on the results.
  In addition, the bill directs the Secretary to conduct a study of 
alternative power train designs for use in advanced heavy duty hybrid 
vehicles and, further, directs the Secretary to establish a pilot 
program through DOE's national laboratories to research and test the 
effects on the domestic electric power grid of the widespread use of 
plug-in hybrid vehicles, including heavy duty plug-in hybrid trucks.
  Again, I thank Congressman Sensenbrenner for introducing this bill, 
and Chairman Gordon for helping to advance it. I think it makes good 
sense and deserves passage.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. TONKO. Mr. Speaker, I again commend Representative Sensenbrenner 
for his work on H.R. 445, which will speak to heavy duty hybrid vehicle 
research and development. The deployment of the improvements that we 
can make in that transportation sector will aid us tremendously in 
responding favorably to the environment and to our energy needs. For 
that purpose and many of the related energy and environment benefits 
that come from such research and development, I strongly urge our 
colleagues to support H.R. 445.
  Mr. SENSENBRENNER. Mr. Speaker, I rise to urge support for my Hybrid 
Truck bill. New taxes are not the only solution to climate change. We 
need to focus on our economy as we work to reduce our emissions. We can 
over-regulate our businesses, cripple our economic development, and 
watch as China and India race past us--sputtering greenhouse gases 
along the way--or Congress can create incentives that encourage the 
development of new technologies that will reduce our emissions, foster 
economic development, and allow U.S. manufacturers to export their 
energy-saving technologies worldwide.
  Commercial traffic is truly vital to the American economy, and the 
fuel costs for trucks directly affect costs for all Americans. Higher 
prices for their fuel raise the prices of our food, healthcare, 
manufacturing, retail, waste removal, and other goods and services. 
While our economy would not survive without them, trucks consume huge 
quantities of oil, which raises the cost of their business, increases 
our dependence on oil, and injects greenhouse gases into our 
environment.
  The answer is not to burden these businesses, already strained by 
high fuel costs, with additional taxes for the carbon dioxide they 
release. Instead, we need to encourage the development and introduction 
of technologies that will reduce their fuel consumption.
  The technologies we need already exist. Everyone has seen hybrid 
cars. This technology, which combines gas and electric motors for a 
powerful and efficient engine, is even more practical in trucks. Even 
though there are fewer trucks on the road, trucks use more fuel.
  Utility trucks, for example, typically drive short distances to and 
from a work site, but sit idle for hours while on site. A plug-in 
hybrid truck would use less fuel getting to and from the site, and 
could operate without any fuel while on site. Ultimately, a plug-in 
hybrid engine in a utility truck could use up to 60 percent less fuel.
  Delivery trucks constantly stop and go. Hybrid engines excel at this 
type of driving because the engine can essentially turn off during 
short accelerations, while coasting, and when it is at a stop.
  Developing these technologies will have benefits beyond fuel savings. 
By making our trucks more efficient, we will make our goods and 
services more affordable and become leaders in these new technologies. 
By helping American manufacturers research and commercialize new 
technologies, we can strengthen our economy, reduce our dependence on 
foreign oil, and lower our emissions.
  H.R. 445 is one example of how technology, not taxes, can solve our 
energy crisis. This legislation will accelerate research of plug-in 
hybrid technology in trucks by creating grants for manufacturers to 
build, test, and sell plug-in hybrid utility and delivery trucks. This 
bill will put plug-in hybrid trucks on the road and help advance 
research and accelerate commercialization of an important technology.
  Mr. Speaker, I would like to submit the following memo regarding H.R. 
445:


Heavy Duty Hybrid Vehicle Research, Development, and Demonstration Act 
                                of 2009

                         I. PURPOSE OF THE BILL

       The purpose of H.R. 445, the `Heavy Hybrid Truck Research, 
     Development, and Demonstration Act of 2009,' is to establish 
     a research, development, demonstration, and commercial 
     application program to promote research of appropriate 
     technologies for heavy duty hybrid vehicles, and for other 
     purposes.


                II. BACKGROUND AND NEED FOR LEGISLATION

       Because large, heavy duty trucks rely on a diesel or 
     gasoline internal combustion engine for power, they typically 
     have relatively low fuel economy and high emissions. This is 
     especially evident in trucks with duty-cycles that require 
     frequent starts and stops or long periods of engine idling to 
     power auxiliary systems such as bucket lifters, trash 
     compactors, off-board power tools, air conditioning, 
     refrigeration, or other work-related equipment. Switching a 
     portion of the driving and auxiliary power loads away from 
     the internal combustion engine to an alternate power source 
     would enable these vehicles to realize considerable fuel 
     savings and emissions reductions compared to conventional 
     models. The Environmental Protection Agency (EPA) estimates 
     that an average delivery truck using a hybrid drive system 
     could save approximately 1,000 gallons of diesel per year 
     compared to one with a conventional drive system.
       High fuel prices and tightening emissions standards provide 
     an added impetus for the development of new heavy duty hybrid 
     truck systems. Several manufacturers have technologies in 
     various stages of development for a range of large commercial 
     vehicle platforms such as package delivery vans, buses, 
     refuse collection trucks, large utility `bucket' trucks, 
     construction vehicles, and short- and long-haul tractor 
     trailer trucks. Research supported by the Department of 
     Defense (DOD) has also been a key driver of innovation for 
     heavy hybrids since these technologies can provide several 
     strategic advantages including substantial noise reduction, a 
     source of alternative power for radar and weapons systems, 
     reduction of overall weight and maintenance requirements, and 
     longer ranges between vehicle refueling. Despite substantial 
     investment in both the defense and commercial sectors, the 
     cost of research and development and the final price of heavy 
     duty hybrid vehicles remain prohibitively high, even for 
     military applications. Consequently, there remain significant 
     technical obstacles to development and final commercial 
     application of these technologies that federally-sponsored 
     R&D activities can help to overcome.
       Managing a comprehensive federal R&D program is complicated 
     by the fact that there is no onesize-fits-all hybrid solution 
     for the entire heavy duty vehicle sector. The power demands 
     of heavy duty trucks are as varied as the applications, and 
     deploying hybrid models into heavy truck fleets is more 
     complicated than simply scaling up the hybrid systems used 
     for passenger vehicles. For example, through the course of an 
     average drive cycle the charging and discharging of a

[[Page 21230]]

     hybrid system on a refuse truck with its frequent starts and 
     stops, dumpster lifting, and trash compaction will be 
     considerably different than that of a utility truck, which 
     may idle in one place for several hours to operate a boom or 
     other equipment. Furthermore, developing hybrid systems for 
     long-haul tractor trailer rigs (Class VIII) presents an even 
     greater challenge since these vehicles seldom brake during a 
     drive cycle, providing few opportunities for battery systems 
     to recharge through regenerative braking. The energy storage 
     devices and related control systems may be altogether 
     different for each of these platforms. Future generations of 
     heavy trucks may also include plug-in hybrid electric models 
     that can store more electric energy in larger banks of 
     batteries and charge these batteries through direct 
     connection to the electricity grid either while in operation 
     on a jobsite or in a parking lot or garage.
       The majority of federal funding for hybrid vehicle R&D has 
     focused on passenger vehicles which far outnumber heavy 
     trucks. However, the federal R&D portfolio should address the 
     significant potential for fuel savings and emissions 
     reductions through improvements in the heavy duty vehicle 
     sector, and take advantage of the ability of this sector to 
     deploy new technologies quickly. For example, according to 
     the Oshkosh Truck Corporation, there are approximately 90,000 
     refuse trucks in the United States. Their collective fuel 
     consumption is equivalent to 2.5 million passenger vehicles 
     (based on 10,000 gallons/year per truck). Eaton Corporation 
     estimates that as few as 10,000 hybrid electric trucks could 
     reduce diesel fuel usage by 7.2 million gallons per year 
     (approx. 1 million barrels of oil), reduce annual NOx 
     emissions by the amount equivalent to removing New York 
     City's passenger cars for 25 days, and reduce carbon dioxide 
     emissions by 83,000 tons.
       Energy storage technology options for hybrid trucks 
     generally include batteries, hybrid hydraulic systems, and 
     ultra-capacitors. Batteries receive the most attention and 
     research funding because of their applicability throughout 
     the transportation sector. To expand the use of electricity 
     in the vehicles sector, batteries must be smaller, lighter, 
     cheaper, and more powerful. Vehicle batteries typically fall 
     into one of three families of technologies: lead-acid, nickel 
     metal hydride (NiMH), and lithium-ion (Li-ion). Lead-acid 
     batteries have many advantages including their relative 
     simplicity and low cost, wide-scale availability, domestic 
     manufacturing capacity, and established recycling 
     infrastructure. NiMH batteries are found in the current 
     generation of hybrid vehicles and will be the battery of 
     choice for many of the first generation heavy hybrid trucks. 
     However, high weight and low power density are significant 
     issues for both lead-acid and NiMH batteries. Many in the 
     industry believe the future of hybrids depends on 
     breakthroughs in new battery technologies, such as the 
     lithium-ion (Li-ion) batteries with their comparatively low 
     weight and high power density. In addition to resolving 
     remaining serious technical issues such as heat management, 
     the cost of manufacturing Li-ion batteries remains 
     prohibitively high for large-scale deployment in vehicles. 
     There is also concern that the U.S. is falling behind 
     countries like Japan, China and France in the race to develop 
     and mass produce batteries for hybrid vehicles. Consequently, 
     a significant effort is underway to build up a domestic 
     supply chain.
       Plug-in hybrid applications that include an energy storage 
     system charged by an external power source are a particularly 
     attractive option for certain platforms of heavy duty 
     vehicles. Furthermore, heavy truck fleets provide a valuable 
     test-bed for demonstrating technologies that may ultimately 
     end up in the passenger vehicle market. Plug-in Hybrid 
     Vehicles (PHEV) is a critical near-to-mid term technology 
     option for drastically reducing the nation's dependence on 
     foreign oil. PHEV's, unlike traditional hybrid application, 
     shift most of the vehicle's energy source from petroleum to 
     domestically produced power from the electricity grid while 
     still providing sufficient power to handle heavy duty 
     applications. Some studies suggest that PHEV's may have the 
     added benefit of reducing transportation-related carbon 
     emissions, even if the electricity is generated solely from 
     coal. Much research remains in developing the technology to 
     reduce the weight and cost of the systems while improving 
     reliability.
       The Department of Energy (DOE) has funded limited research 
     on the hybridization of trucks, most recently through the 
     21st Century Truck Partnership which conducts research and 
     development through joint public and private efforts. Other 
     federal agencies involved in the 21st Century Truck 
     Partnership include the Department of Defense, the Department 
     of Transportation, and EPA. Because of the highly fragmented 
     nature of the heavy duty vehicle manufacturing industry, 
     there is limited in-house research and testing capabilities 
     for even the largest of firms. The industry often relies on 
     research efforts of unique Federal facilities such as DOE's 
     National Renewable Energy Laboratory and Argonne National 
     Laboratory, the EPA's National Vehicle and Fuel Emissions 
     Laboratory, and the Army's National Automotive Center. 
     Despite the potential economic and environmental benefits of 
     hybrid trucks and the considerable technical hurdles that 
     remain, the 21st Century Truck Partnership is facing 
     decreased funding and an uncertain future as the 
     administration chooses to focus federal research on the 
     passenger vehicle market. DOE does not currently offer any 
     competitive grants that target the development of 
     technologies applicable for use in hybrid trucks.


              III. SUMMARY OF MAJOR PROVISIONS OF THE BILL

       H.R. 445 directs the Secretary of DOE (Secretary) to 
     establish a grant program for the development of advanced 
     heavy duty hybrid vehicles. The bill gives the Secretary the 
     discretion to award between three and seven grants based on 
     the technical merits of the proposals received. At least half 
     of the awarded grants must be for the development of plug-in 
     hybrid trucks.
       Grants are awarded to applicants for two phases of research 
     and development. In phase one, recipients must build at least 
     one advanced heavy duty hybrid vehicle, conduct studies of 
     the vehicle, and report to DOE on the performance, cost, and 
     emissions levels of the vehicle. In phase two, recipients 
     must produce 50 advanced heavy duty hybrid vehicles and 
     report to DOE on the technological challenges and estimated 
     costs involved in wide-scale manufacture.
       H.R. 445 also directs the Secretary to conduct a study of 
     alternative power train designs for use in advanced heavy 
     duty hybrid vehicles. The study includes analysis of 
     different designs under conditions of typical use. The bill 
     also directs the Secretary to establish a pilot program 
     through the National Laboratories to research and test the 
     effects on the domestic electric power grid of widespread use 
     of plug-in hybrid vehicles.
       Grant applicants may include partnerships between 
     manufacturers, electrical utilities, or other entities to 
     fulfill the program's requirements. Awards under H.R. 445 
     will be for up to $3 million per year for three years. The 
     bill also amends the Energy Storage Competitiveness Act of 
     2007 (enacted as section 641(g)(1) of the Energy Independence 
     and Security Act of 2007 (42 U.S.C. 17231(g)(1)) to include 
     heavy trucks in the Secretary's priorities for applied energy 
     storage research.


              IV. SECTION-BY-SECTION ANALYSIS OF THE BILL

     Section I. Short title
       H.R. 445 can be cited as the ``Heavy Duty Hybrid Vehicle 
     Research, Development, and Demonstration Act of 2009.''
     Section 2. Advanced Heavy Duty Hybrid Vehicle Technology 
         Research, Development, Demonstration, and Commercial 
         Application Program
       Section 2(a) directs the Secretary to establish a program 
     to provide grants to carry out projects to advance research 
     and demonstrate technologies for advanced heavy duty hybrid 
     vehicles.
       Section 2(b) requires the Secretary to issue application 
     requirements and to establish criteria for making grant 
     awards. The Secretary must give priority to applicants who 
     are best able to advance the current state of technology and 
     achieve the greatest reductions in fuel consumption and 
     emissions. To be eligible, recipients must produce trucks 
     with a gross weight between 14,000 and 33,000 pounds (e.g. 
     Class IV through Class VII vehicles). The Secretary is given 
     discretion to award between three and seven grants based on 
     the technical merits of the applications received. At least 
     half of the grants are to be awarded for plug-in hybrid 
     technology. Applicants can partner with other entities to 
     fulfill the obligations of the program.
       Section 2(c) defines two phases of research by award 
     recipients. In phase one, each recipient has one year to 
     build or retrofit one or more advanced heavy duty hybrid 
     vehicles. Recipients are required to collect and analyze data 
     on the performance of key vehicle components; the estimated 
     costs of producing, operating, and maintaining the vehicle; 
     the emissions of the vehicle; and on overall vehicle 
     performance according to guidelines established by the 
     Secretary.
       If, at the conclusion of phase one, it is clear that a 
     grant recipient will be unable to complete the requirements 
     of phase two, the Secretary has the discretion to waive the 
     requirement for phase two research and terminate the grant to 
     that recipient.
       In phase two, recipients are required to demonstrate the 
     advanced manufacturing processes of heavy duty plug-in 
     vehicles by producing or retrofitting 50 advanced heavy duty 
     hybrid vehicles within two years. Recipients must also report 
     on the major technological obstacles they encounter in 
     developing and producing the vehicles and on the projected 
     costs of each vehicle.
       Award recipients are eligible to receive three million 
     dollars per year for three years to complete both phases of 
     the development program.
       Section 2(d) directs the Secretary to conduct a study of 
     alternative power train designs for use in advanced heavy 
     duty hybrid vehicles. The study would analyze these different 
     designs under conditions which they are typically used, 
     including the average number of miles driven, the time spent 
     with the engine at idle, horsepower requirements, the length 
     of time the maximum power is required, and other factors the 
     Secretary determines to be appropriate.

[[Page 21231]]

       Section 2(e) requires the Secretary to report to Congress 
     within 60 days on the findings of the reports submitted by 
     grant recipients.
       Section 2(f) and 2(g) require the Secretary to coordinate 
     the research conducted under this program with other research 
     conducted by the Department. The cost sharing provisions of 
     section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
     16352) apply to the program.
       Section 2(h) directs the Secretary to establish a pilot 
     program through DOE's National Laboratories to research and 
     test the effects on the domestic electric power grid of the 
     widespread use of plug-in hybrid vehicles, including heavy 
     duty plug-in hybrid trucks.
       Section 2(i) defines the terms: advanced heavy duty hybrid 
     vehicle, greenhouse gas, plug-in hybrid, retrofit, and 
     Secretary for the purposes of this section.
       Section 2(j) authorizes appropriations of $16 million per 
     year for fiscal years 2010 through 2012.
     Section 3. Expanding research in hybrid technology for large 
         vehicles
       This section amends the United States Energy Storage 
     Competitiveness Act of 2007 (enacted as section Sec. 
     641(g)(1) of the Energy Independence and Security Act of 2007 
     (42 U.S.C. 17231(g)(1)) to include vehicles with a gross 
     weight over 8501 pounds in the Secretary's priorities for 
     advanced energy storage.

                                V. VIEWS

       The hybridization of heavy duty trucks is an important goal 
     that has been largely overlooked by the Federal government. 
     While numerous federal grants are available for the 
     production of hybrid and plug-in hybrid passenger vehicles, 
     there are no grants available that specifically target the 
     development of heavy duty hybrid vehicles. This is an 
     unfortunate oversight. Federal investment in this research 
     will result in improvements in the fuel efficiency and 
     emission profiles of heavy duty vehicles and is likely to 
     provide significant economic benefits as well as benefits in 
     energy efficiency and air quality.
       The Secretary is encouraged to award the maximum number of 
     grants if sufficient meritorious applications are received. 
     Research applicable to heavy duty vehicles that make frequent 
     stops such as delivery trucks, buses, and refuse collection 
     vehicles and vehicles that idle on job sites for extensive 
     periods to operate auxiliary functions such as utility 
     `bucket' trucks should receive the highest priority for 
     funding under this program. This research and development 
     program is not intended to provide support for research and 
     development on large, Class IV, passenger trucks. The 
     definition of Advanced Heavy Duty Hybrid Vehicle included in 
     the legislation specifically excludes Class VIII heavy duty 
     vehicles (e.g. long-haul tractor trailer trucks). 
     Significantly different technical requirements of those 
     platforms merits funding under separate programs.
       It is important to provide funding to applicants best able 
     to provide the greatest potential advancement over current 
     technologies and for research that is most likely to lead to 
     reduced fuel consumption and reduced emissions. In many 
     cases, this will mean awarding applicants who propose hybrid 
     designs that rely on multiple sources of energy for 
     propulsion, and integration of propulsion and auxiliary power 
     systems as this approach entails a greater technical 
     challenge.
       Intellectual property rights and ownership of actual 
     vehicles built under this program are intended to benefit the 
     grant recipients who develop them. The Department of Energy 
     is encouraged to grant waivers of such rights.

  Mr. TONKO. Mr. Speaker, I yield back the remainder of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and pass the bill, H.R. 445, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________




        RECOGNIZING 75TH ANNIVERSARY OF FEDERAL CREDIT UNION ACT

  Mr. HIMES. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 556) recognizing the 75th anniversary of the 
passage of the Federal Credit Union Act and the vibrant Federal credit 
union community that was created as a result of this important piece of 
legislation.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 556

       Whereas, on June 26, 1934, President Franklin Roosevelt 
     signed into law the Federal Credit Union Act, thus enabling 
     credit unions to be organized throughout the United States 
     under the charters approved by the Federal Government;
       Whereas the passage of the Federal Credit Union Act enabled 
     credit unions to play an instrumental role in helping hard-
     working people in the United States recover after the Great 
     Depression;
       Whereas credit unions have continued to exemplify the 
     American values of thrift, self-help, and volunteerism, 
     carving out a special place for themselves among the Nation's 
     financial institutions;
       Whereas credit unions operate with the credo, ``Not for 
     profit, not for charity, but for service'' and have 
     consistently reflected this philosophical tradition and the 
     cooperative spirit of ``people helping people'' that gave 
     birth to the Federal Credit Union Act;
       Whereas credit unions continue to provide valuable services 
     to their members, financial alternatives for the underserved, 
     and economic stimulus to our Nation even as we face a 
     financial crisis today; and
       Whereas, June 26, 2009, will mark the 75th anniversary of 
     the enactment of the Federal Credit Union Act: Now, 
     therefore, be it
       Resolved, That the House of Representatives recognizes the 
     75th anniversary of the passage of the Federal Credit Union 
     Act and the vibrant Federal credit union community that was 
     created as a result of this landmark piece of legislation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Connecticut (Mr. Himes) and the gentleman from New Jersey (Mr. Garrett) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Connecticut.


                             General Leave

  Mr. HIMES. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Connecticut?
  There was no objection.
  Mr. HIMES. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, on June 26, 1934, President Franklin Delano Roosevelt 
signed into law the Federal Credit Union Act, establishing the Federal 
credit union system and creating the Bureau of Federal Credit Unions, 
the predecessor to the National Credit Union Administration, to charter 
and oversee Federal credit unions. June 26, 2009 marked the 75th 
anniversary of the passage of that act to create a not-for-profit 
financial institution formed for the purpose of promoting thrift among 
its members and providing them with a source of low-cost credit.
  Given the presence of some of the oldest Federal credit unions in my 
home State of Connecticut and their important role that they play in 
their communities, I am pleased to offer this resolution.
  Today there are more than 4,700 federally chartered credit unions. 
Together they serve nearly 50 million Americans and have nearly $500 
billion in combined assets. In my district alone, Federal credit unions 
serve about 60,000 members and manage approximately $430 million in 
assets. Private sector organizations such as Pitney Bowes, the 
Fairfield University employees, Arnold Bakers run Federal credit 
unions. The Bridgeport police, Bridgeport hospital run successful 
credit unions, labor organizations such as the UFCW Local 371 are 
running successful Federal credit unions.
  In these turbulent times, the not-for-profit cooperative business 
model of credit unions has been an example of safety and soundness 
providing credit at reasonable rates and important financial services 
to its members. Federal credit unions continue to seek opportunities to 
extend crucial financial services to underserved areas. They are 
inherently invested in the their members and in their communities and 
have helped their members in these troubling economic times by 
promoting financial security and economic well-being for all.
  I am happy to recognize the 75th anniversary of the passage of the 
Federal Credit Union Act and to acknowledge their valuable services to 
their members and communities across the Nation.
  Mr. Speaker, with that I reserve the balance of my time.
  Mr. GARRETT of New Jersey. I yield myself such time as I may consume.
  I rise in support of the legislation, and I commend my colleague on 
the other side of the aisle as well for his

[[Page 21232]]

work on this piece as well and his support.
  If you look to the legislation, page 2, I think this is an 
interesting portion and it really cuts to the quick of what we're 
talking about with regard to credit unions. It says: whereas credit 
unions operate with the credo, not for profit, not for charity, but for 
service and have consistently reflected this philosophical tradition 
and the cooperative spirit of people helping people that gave birth to 
the Federal Credit Union Act.
  Well, when you think about it, that is exactly what the credit union 
industry is in this country: not for profit, not for charity but for 
service. And when I think of my district back in the great State of New 
Jersey in the Fifth Congressional District and the credit unions that 
are in that area, whether it was the very first credit union that I 
ever joined when I worked for Selective Insurance Company many years 
ago and the services that they provided to the employees of that 
company or other credit unions that have grown up over time in the 
various counties in northwest New Jersey and across the State of New 
Jersey, working to fill a particular niche for their members that 
perhaps were not being met by the rest of the industries for these 
individuals, they were doing so in a manner that was not for profit, 
the people coming together and saying that there is a need to be 
fulfilled and that they were going to make sure that they served it.
  Now, it's interesting as I come to the floor here to speak to the 
benefits of credit unions that our country has seen over the last 
several decades. I just returned from meeting with officials from the 
European Union and also from Great Britain where they, right now, in 
light of all the financial difficulties they are experiencing in their 
financial markets, are looking across the Atlantic to see whether they 
can learn some things from us to see what they can do to provide, A, 
some services and, B, some stability to their markets as well.
  And you know what the number one thing that the Conservative Party, 
the folks who I met with over there, said that they wanted to do and 
that was in Great Britain was to provide credit unions for the people 
of that country. So they have a problem that's a little bit different 
from our country and that is that we have the traditional 
entrepreneurial spirit in the banking industry, that we have so many 
banks across the country, which is a good thing that provides services 
from the small individual right up to the large. They don't have it 
quite as extensively as we do in this country, and so they have a need 
even greater than we do to provide that niche marketplace for the 
individual.
  So they will be looking to the United States to take the lead in this 
area and probably emulate much of what we have already learned and 
instituted with regard to the solvency issues and the prudential 
regulation issues and the like in that industry. So it's good to come 
back to the United States and say that in this area we have been a 
leader on this matter, and I stand in support of this legislation.
  I reserve the balance of my time.
  Mr. HIMES. I thank the gentleman from New Jersey. It's good to know 
that as we do the hard work of recasting the regulatory apparatus in 
this country, that there are models including the credit unions that 
others are looking to as things that we do right.
  With that, I yield 3 minutes to the gentleman from Oregon (Mr. 
Blumenauer).
  Mr. BLUMENAUER. I appreciate the gentleman's courtesy in permitting 
me to speak on this bill. As we mark a year of near collapse of the 
American financial system, we're still trying to sort out exactly what 
happened and how to ensure it never happens again, to allow reckless 
behavior to drive our economy into the ditch.
  With that as a background, it is appropriate for us to commemorate 
the 75 years of service by one part of the financial sector that didn't 
add to the problem, America's credit unions. Starting 75 years ago as 
small scale not-for-profit groups of people joined together to provide 
essential affordable financial services, we have watched it grow over 
the years. Personally, I can testify as a satisfied member of credit 
unions for over 25 years, including two currently, I've had firsthand 
experience of the personal, high-quality service. While certainly 
they've grown and expanded their services and membership over the 
years, we've seen that they still work well, managing to provide 
helpful competition.
  When some of the largest banks in this country have stopped lending, 
not so with credit unions. Indeed, most credit unions have continued to 
lend to individuals and small businesses around the country, despite 
the challenging economic climate. Unlike many other lenders, credit 
unions saw their loans increase by 7 percent to over $575 billion in 
2008, up about $35 billion from the previous year. By providing 
financial diversity, credit unions lend strength to American 
communities. By providing competition for other financial institutions, 
credit unions help hold down costs for borrowers and provide greater 
access to capital, more choices for individuals.
  And on a small scale, I've watched as they've worked with people who 
otherwise would have fallen prey to payday lenders to design short-term 
loans to help people in financial difficulty who may not be 
particularly financially sophisticated.
  I thank the gentleman for introducing this legislation. I think it's 
important to recognize the contributions of the credit unions and to 
continue to work with them to provide their vital services to American 
consumers.
  Mr. GARRETT of New Jersey. I now yield such time as he may consume to 
Mr. Royce.
  Mr. ROYCE. Mr. Speaker, I'd like to thank the gentleman from 
Connecticut (Mr. Himes) for sponsoring this resolution. And this 
resolution recognizes the 75th anniversary of the passage of the 
Federal Credit Union Act and the vibrant Federal credit union community 
that was created as a result of this important piece of legislation. 
The purpose of this law passed back in 1934 was to make credit 
available and to promote savings through a national system of nonprofit 
cooperative credit unions.

                              {time}  1130

  This act established what is now the federal credit union system, and 
it created the Bureau of Federal Credit Unions, which eventually became 
the National Credit Union Administration. Its intent was to charter and 
to regulate Federal credit unions.
  While much of the economic downturn originated in the financial 
crisis, credit unions, for the most part, did not play a major role in 
the excessive risk-taking, over-leveraging or lax underwriting 
standards. Unlike many of the other mortgage originators throughout the 
housing bubble, credit unions held most of the mortgages they 
originated. They held them in their portfolios. As of late last year, 
roughly 70 percent of credit union mortgage originations were held in 
portfolio with only 30 percent having been sold into the secondary 
market.
  Because credit unions generally took a conservative approach to 
banking, they avoided many of the problems that we saw in other 
institutions. This approach has left them well-suited to play a 
significant role in the economic recovery.
  Certainly, the 90 million credit union members nationwide will 
continue to rely on these institutions for their everyday banking 
needs. I think it is worth noting the impact credit unions have had on 
communities around the world. Credit unions provide a great opportunity 
for people to pool resources. Thereby, they create an important source 
of liquidity for personal or capital investment.
  Serving on the Foreign Affairs Committee has given me the opportunity 
to work on issues impacting countries around the globe and to see 
credit unions at work around the globe. In this capacity, I have seen 
credit unions take shape and give hope to thousands looking for a 
better life.
  Credit unions have helped and continue to help many African countries 
build a safe financial system for the first time. The fact of the 
matter is

[[Page 21233]]

that credit unions work whether they're in Orange County, California or 
in Johannesburg, South Africa. They help families save hard-earned 
money, buy cars, purchase homes, and send their children to college. 
Indeed, credit unions are helping the futures of over 90 million 
members across this country and of countless others around the globe.
  In closing, I would like to again thank the gentleman from 
Connecticut (Mr. Himes) for taking the lead on this resolution. 
Hopefully, the credit unions that have served so many communities 
around our country will continue to do great work.
  Mr. HIMES. I thank the gentleman for his very apt observations.
  Mr. Speaker, clearly, we are in agreement here that credit unions are 
unique entities to be studied for the fact that they better, perhaps 
than other entities in our financial services world, align the 
interests of their shareholders with the interests of their customers, 
and as the gentleman from Oregon observed, are often the first point of 
entry into the formal financial system for families and for people who 
otherwise would be using informal or shady mechanisms of credit. As my 
friend from New Jersey points out, they're a model internationally and 
not just for foreign countries but for those of us who are really 
intent on studying how one balances prudence with the necessity for the 
availability of credit.
  I urge my colleagues to pass House Resolution 556, and I reserve the 
balance of my time.
  Mr. GARRETT of New Jersey. Mr. Speaker, I would just close then by 
thanking the gentleman from California (Mr. Royce) for taking the lead 
role as the Republican sponsor of this legislation and also for his 
work in the past with regard and on behalf of credit unions as well and 
also for making the significant point that he just did, which is, with 
regard to this time of financial crisis, that the American public could 
look to the resounding, strong support of the credit unions. So I thank 
Mr. Royce for his lead role, and I appreciate the role Mr. Himes as 
well has played in bringing this legislation to the floor.
  Ms. WATERS. Mr. Speaker, I rise today to support H. Res. 556, which 
recognizes the 75th anniversary of the passage of the Federal Credit 
Union Act and the vibrant Federal credit union community that was 
created as a result of this important piece of legislation.
  The Federal Credit Union Act was created to promote savings, fight 
against unfair lending practices and extend credit to people to whom 
banks and other financial institutions forgot.
  I have long been a supporter of credit unions, especially federal 
credit unions. There was a period of time when the major banks and 
other financial institutions abandoned many Los Angeles communities, 
including those within my district. Federal credit unions did the 
opposite and decided to invest in the people of communities such as 
Inglewood, Hawthorne, Gardena and Manhattan Beach. Credit unions have 
made a strong commitment to serve the communities where their members 
reside and have created a model more financial institutions should 
follow.
  I am proud to recognize the improvements credit unions have made in 
Los Angeles and across our country. I urge other members to join me in 
supporting H. Res. 556.
  Mrs. MILLER of Michigan. Mr. Speaker, I rise today in strong support 
of H. Res. 556, which recognizes the 75th anniversary of the passage of 
the Federal Credit Union Act.
  Credit unions, not-for-profit financial cooperatives, are a form of 
economic democracy. Credit unions exist to serve their members, not 
turn a profit. Earnings beyond operating expenses are returned to 
members in the form of lower loan rates, higher interest on deposits, 
and lower fees.
  While we are recognizing the 75th anniversary of the passage of the 
Federal Credit Union Act today, it is important to note that credit 
unions have been present in the United States since 1909, starting with 
the chartering of the first credit union in the State of New Hampshire.
  As a Representative from Michigan, a State with 341 credit unions 
serving over 4.3 million members, I can speak to the positive impact of 
these vital financial institutions.
  In Michigan, members of a credit union can expect to see a membership 
benefit of, on average, $92 a year by working with a credit union. For 
the average household, the annual benefit rises to $175. I know that in 
my district, $175 goes a long way toward covering necessary household 
expenses.
  For a member in Michigan, financing a new automobile through their 
credit union produces an average savings of $156 per year in interest 
expense. The Invest in America program, a partnership between GM and 
Chrysler with credit unions, has helped to spur over 189,000 new 
vehicle sales. Sales from this program have reinvested over $3.05 
billion in the national economy, crucial support during the current 
economic downtown.
  In addition to the direct financial benefits that credit unions 
provide to their members, credit unions positively impact their 
communities in other ways. Credit unions put on financial literacy 
seminars throughout Michigan in order to educate people about their 
financial options.
  Because of these contributions to our Nation's communities, I am 
proud to support House Resolution 556.
  Congratulations on the 75th anniversary of the Federal Credit Union 
Act and the first 100 years of credit unions in America.
  I urge my colleagues to support the passage of this bill.
  Mr. SOUDER. Mr. Speaker, I rise today in support of H. Res 556 
recognizing the 75th Anniversary of the Federal Credit Union Act and to 
acknowledge the great work of credit unions throughout the Third 
Congressional District.
  Indiana has a long history with credit unions and in fact, was the 
first Midwestern state to pass a law permitting their founding. In 
October of 1923, the first credit union in the Midwest opened its doors 
in Indiana. Today there are 206 credit unions throughout my state that 
count over 2 million Indiana residents among its members.
  The Federal Credit Union Act of 1934 was originally passed, in part, 
to help make credit available to underserved communities. These 
financial cooperatives were organized by people primarily tied together 
by some common bond. Today, credit unions continue to provide unique 
services to both their members and communities.
  The Chiphone Federal Credit Union of Elkhart, IN has been providing 
service since 1947 and today has over 17,000 members. They have strong 
ties to the community and received honorable mention from the Indiana 
Credit Union League in both the Dora Maxwell Awards and Louise Herring 
Awards which recognize outstanding efforts in social responsibility and 
community service and the credit union that best puts the credit union 
philosophy in action respectively.
  In Auburn Indiana, DeKalb Financial Credit Union provides both 
superior financial service and to support local charities through 
service activities and donations. The Relay for Life, March of Dimes 
and WFGA Kite Fly have all benefitted from its community-oriented 
philosophy. DeKalb Financial serves as a drop off point for Food Bank 
donations and this past year provided five area students scholarships 
for college. In addition, DeKalb Financial continues to be a proud 
corporate sponsor for one of the area's National Historic Landmarks, 
the Auburn Cord Duesenberg Museum.
  The East Allen Credit Union provides quality financial services for 
over 2,400 members. Whether it is helping its members plan for the 
costs of college or assisting in the purchase of the new family car, 
East Allen has been an asset to the New Haven community for nearly 45 
years.
  Financial Members Federal Credit Union of Auburn, Indiana has been 
delivering quality service to the people of DeKalb County since 1972. 
During its years of operation, it has contributed to its valued members 
and surrounding community by providing low-cost financial products and 
service activity and donations.
  In Woodburn, IN, the Financial Partners Federal Credit Union has been 
providing sound financial services to residents and employees of East 
Allen County for over 40 years. Through its regular contributions to 
the area food bank and the ice cream socials it hosts for its members, 
Financial Partners illustrates the personal attention and community-
oriented service that make credit unions such unique institutions.
  Founded over 75 years ago, The Fire Police City County Federal Credit 
Union of Fort Wayne, IN not only provides great service to its members, 
but has won awards from the Indiana Credit Union League for both 
community involvement and for demonstrating the credit union philosophy 
in its activities. Activities such as Making Strides Against Cancer, 
fundraising for the Turnstone Center for Disabled Children and Adults 
and volunteering for Fire Prevention Week are emblematic of credit 
unions commitment to the community.
  Indiana Lakes Federal Credit Union in Warsaw, Indiana has been 
delivering quality, low

[[Page 21234]]

cost financial services to the people of Kosciusko County for over 30 
years. During this time, it has proved to be a tremendous asset to its 
3,600 members and has contributed to the community through various 
forms of service activities and donations.
  In Elkhart, IN, INVOA Federal Credit Union recently contributed $5000 
to Project Healing Water to assist in its mission to aid the recovery 
of wounded, injured, or disabled veterans by introducing them to 
fishing and using these skills for lifelong recreation. Credit Union 
employees personally raised the funds and the contribution was used to 
help transport and host veterans at the 2009 event along the Albany 
River in Ontario, Canada. INOVA is also supporting the economic growth 
of its community and has partnered with the City of Elkhart to provide 
free internet service along the downtown Riverwalk and promote future 
downtown development. This commitment to service is exemplified by its 
President and CEO, Dallas Bergl, who recently received the Indiana 
Credit Union League's Professional Achievement award for his support 
and promotion of credit union ideals throughout Indiana.
  In Goshen, Indiana, the Interra Credit Union has been recognized by 
the Indiana Credit Union League in nine consecutive years for its 
service activities. These include a financial pledge of $10,000 to 
assist Goshen College fund the construction of a new music building, 
annual scholarships for high school seniors, along with regular 
involvement in events like the American Cancer Socity's Relay for Life 
and the Michiana Menenonite Relief Sale. Interra also works to improve 
youth financial literacy by providing lessons and educational resources 
on budgeting, credit, investment and savings.
  For over 70 years, ITT Employees Federal Credit Union has provided 
its members and community with first-rate service. Its efforts have led 
ITT to be recognized as the best credit union in Fort Wayne by an area 
newspaper survey. The nearly 4000 members of ITT are fortunate to have 
such a dedicated organization providing them financial services.
  In my District, the Three Rivers Credit Union of Fort Wayne, Indiana 
was honored for its efforts to help alleviate poverty and was awarded 
2nd Place in the 2008 national Dora Maxwell Awards for social 
responsibility. As the primary sponsor of ``Canstruction,'' it brought 
together high school students and staff from various engineering and 
design firms to create giant structures entirely out of canned food. 
Over 80 members of the Three Rivers Credit Union volunteered for the 
event that resulted in a donation of 83,529 cans of food to the 
community food bank, the largest single donation in its history.
  In Fort Wayne, IN the newly founded Union Baptist Federal Credit 
Union personifies the personal attention and community-oriented service 
that makes credit unions such unique institutions. Believing in self-
sufficiency through empowerment, the Union Baptist Credit Union 
provides its 309 members quality financial services and is a welcomed 
addition to the Fort Wayne community.
  United Credit Union in Warsaw, Indiana has been delivering quality 
service to the people of Kosciusko County since 1997. During the past 
12 years, it has contributed to its valued members and surrounding 
community through service activity and donations.
  The Weatherhead Federal Credit Union of Columbia City, IN provides 
quality financial service to over 2,000 members. Whether it is through 
financial counseling or low cost home loans, Weatherhead has been a 
tremendous asset to the Columbia City community for nearly 45 years.
  Mr. GARRETT of New Jersey. I yield back the balance of my time.
  Mr. HIMES. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Connecticut (Mr. Himes) that the House suspend the rules 
and agree to the resolution, H. Res. 556.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




       PROMOTING TRANSPARENCY IN FINANCIAL REPORTING ACT OF 2009

  Mr. MOORE of Kansas. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2664) to require annual oral testimony before the 
Financial Services Committee of the Chairperson or a designee of the 
Chairperson of the Securities and Exchange Commission, the Financial 
Accounting Standards Board, and the Public Company Accounting Oversight 
Board, relating to their efforts to promote transparency in financial 
reporting.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2664

       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 ``Promoting Transparency in 
     Financial Reporting Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Transparent and clear financial reporting is integral 
     to the continued growth and strength of our capital markets 
     and the confidence of investors.
       (2) The increasing detail and volume of accounting, 
     auditing, and reporting guidance pose a major challenge.
       (3) The complexity of accounting and auditing standards in 
     the United States has added to the costs and effort involved 
     in financial reporting.

     SEC. 3. ANNUAL TESTIMONY ON REDUCING COMPLEXITY IN FINANCIAL 
                   REPORTING.

       The Securities and Exchange Commission, the Financial 
     Accounting Standards Board, and the Public Company Accounting 
     Oversight Board shall annually provide oral testimony by 
     their respective Chairpersons or a designee of the 
     Chairperson, beginning in 2009, and for 5 years thereafter, 
     to the Committee on Financial Services of the House of 
     Representatives on their efforts to reduce the complexity in 
     financial reporting to provide more accurate and clear 
     financial information to investors, including--
       (1) reassessing complex and outdated accounting standards;
       (2) improving the understandability, consistency, and 
     overall usability of the existing accounting and auditing 
     literature;
       (3) developing principles-based accounting standards;
       (4) encouraging the use and acceptance of interactive data; 
     and
       (5) promoting disclosures in ``plain English''.

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


                             General Leave

  Mr. MOORE of Kansas. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kansas?
  There was no objection.
  Mr. MOORE of Kansas. I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 2664, the Promoting 
Transparency in Financial Reporting Act, drafted by the gentleman from 
New York, Congressman Chris Lee.
  I commend his work on this bill, H.R. 2664. It is a bipartisan bill 
that is also sponsored by Congressmen David Scott, Geoff Davis, Mike 
Castle, and Adam Putnam.
  Following the financial crisis our country faced last year, it is 
clear that we need to improve the oversight and transparency of the 
financial services industry. This bill would require the Securities and 
Exchange Commission, the Financial Accounting Standards Board and the 
Public Company Accounting Oversight Board to provide annual testimony 
to Congress for 5 years. Their testimony will help us to understand and 
support their efforts to reduce the complexity in financial reporting 
and to provide more accurate and clear financial information to 
investors.
  Again, Mr. Speaker, I commend Congressman Lee for his work on this 
legislation, and I urge my colleagues to support it.
  I reserve the balance of my time.
  Mr. LEE of New York. I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 2664, the Promoting 
Transparency in Financial Reporting Act.
  I would like to thank the cosponsors of this bipartisan measure, 
including Mr. Davis of Kentucky, who championed this proposal in 
earlier Congresses, Mr. Putnam, Mr. Castle, and Mr. Scott of Georgia.

[[Page 21235]]

  Every day, I hear from constituents who are experiencing a great 
amount of anxiety over what is happening to their portfolios--from 
younger families who are trying to save for their first homes or older 
workers who have had to put off long-planned retirements. While they 
certainly understand most of these losses can be attributed to the 
turmoil of our economy, we now know the role that faulty financial 
reporting, be it intentional or otherwise, played in affecting 
investors' decisions.
  This issue, of course, features prominently in ongoing discussions of 
regulatory reform frameworks, and rightly so. We won't be able to fully 
restore investor and consumer confidence unless we have a system that 
allows for the clearest and most accurate financial reporting. That's 
why we need transparency.
  It's not enough, however, just to pursue and to promote transparency 
for its own sake. Having run a business, I know that, if you want to 
have a healthy corporate environment, you have to have sound financial 
reporting. I also understand how time-consuming and costly these 
accounting processes can be. So it is critical, in bringing information 
to light, that we also take care to identify the complexities that trip 
up everyone from small businesses to large corporations and then pursue 
reforms that may simplify and improve the process.
  That's why, with this simple bipartisan measure, we would require 
annual congressional testimony by the Securities and Exchange 
Commission, by the Financial Accounting Standards Board and by the 
Public Company Accounting Oversight Board on efforts being undertaken 
to reduce the complexity and costs of financial reporting and to 
increase transparency for investors.
  Specifically, H.R. 2664 helps Congress exercise legitimate oversight 
authority to hold these institutions accountable for protecting 
taxpayers and for making progress on the following critical issues: 
First, reassessing complex and outdated accounting standards; second, 
increasing the usability of the existing accounting and auditing 
literature; third, developing principle-based accounting standards; 
fourth, encouraging the use and acceptance of interactive data; and 
fifth, promoting disclosure in plain English.
  This bipartisan Promoting Transparency in Financial Reporting Act 
represents a critical step towards protecting taxpayers by creating a 
process for simplifying and for improving our financial reporting 
framework. I urge the immediate passage of this important bipartisan 
legislation.
  I yield back the balance of my time.
  Mr. MOORE of Kansas. Mr. Speaker, the Promoting Transparency in 
Financial Reporting Act will help provide greater transparency and 
clarity for investors. I urge my colleagues to support this bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Kansas (Mr. Moore) that the House suspend the rules and 
pass the bill, H.R. 2664.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




             NONADMITTED AND REINSURANCE REFORM ACT OF 2009

  Mr. MOORE of Kansas. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2571) to streamline the regulation of nonadmitted 
insurance and reinsurance, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2571

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Nonadmitted and Reinsurance Reform Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Effective date.

                     TITLE I--NONADMITTED INSURANCE

Sec. 101. Reporting, payment, and allocation of premium taxes.
Sec. 102. Regulation of nonadmitted insurance by insured's home State.
Sec. 103. Participation in national producer database.
Sec. 104. Uniform standards for surplus lines eligibility.
Sec. 105. Streamlined application for commercial purchasers.
Sec. 106. GAO study of nonadmitted insurance market.
Sec. 107. Definitions.

                         TITLE II--REINSURANCE

Sec. 201. Regulation of credit for reinsurance and reinsurance 
              agreements.
Sec. 202. Regulation of reinsurer solvency.
Sec. 203. Definitions.

                    TITLE III--RULE OF CONSTRUCTION

Sec. 301. Rule of construction.
Sec. 302. Severability.

     SEC. 2. EFFECTIVE DATE.

       Except as otherwise specifically provided in this Act, this 
     Act shall take effect upon the expiration of the 12-month 
     period beginning on the date of the enactment of this Act.

                     TITLE I--NONADMITTED INSURANCE

     SEC. 101. REPORTING, PAYMENT, AND ALLOCATION OF PREMIUM 
                   TAXES.

       (a) Home State's Exclusive Authority.--No State other than 
     the home State of an insured may require any premium tax 
     payment for nonadmitted insurance.
       (b) Allocation of Nonadmitted Premium Taxes.--
       (1) In general.--The States may enter into a compact or 
     otherwise establish procedures to allocate among the States 
     the premium taxes paid to an insured's home State described 
     in subsection (a).
       (2) Effective date.--Except as expressly otherwise provided 
     in such compact or other procedures, any such compact or 
     other procedures--
       (A) if adopted on or before the expiration of the 330-day 
     period that begins on the date of the enactment of this Act, 
     shall apply to any premium taxes that, on or after such date 
     of enactment, are required to be paid to any State that is 
     subject to such compact or procedures; and
       (B) if adopted after the expiration of such 330-day period, 
     shall apply to any premium taxes that, on or after January 1 
     of the first calendar year that begins after the expiration 
     of such 330-day period, are required to be paid to any State 
     that is subject to such compact or procedures.
       (3) Report.--Upon the expiration of the 330-day period 
     referred to in paragraph (2), the NAIC may submit a report to 
     the Committee on Financial Services and Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate 
     identifying and describing any compact or other procedures 
     for allocation among the States of premium taxes that have 
     been adopted during such period by any States.
       (4) Nationwide system.--The Congress intends that each 
     State adopt nationwide uniform requirements, forms, and 
     procedures, such as an interstate compact, that provides for 
     the reporting, payment, collection, and allocation of premium 
     taxes for nonadmitted insurance consistent with this section.
       (c) Allocation Based on Tax Allocation Report.--To 
     facilitate the payment of premium taxes among the States, an 
     insured's home State may require surplus lines brokers and 
     insureds who have independently procured insurance to 
     annually file tax allocation reports with the insured's home 
     State detailing the portion of the nonadmitted insurance 
     policy premium or premiums attributable to properties, risks 
     or exposures located in each State. The filing of a 
     nonadmitted insurance tax allocation report and the payment 
     of tax may be made by a person authorized by the insured to 
     act as its agent.

     SEC. 102. REGULATION OF NONADMITTED INSURANCE BY INSURED'S 
                   HOME STATE.

       (a) Home State Authority.--Except as otherwise provided in 
     this section, the placement of nonadmitted insurance shall be 
     subject to the statutory and regulatory requirements solely 
     of the insured's home State.
       (b) Broker Licensing.--No State other than an insured's 
     home State may require a surplus lines broker to be licensed 
     in order to sell, solicit, or negotiate nonadmitted insurance 
     with respect to such insured.
       (c) Enforcement Provision.--With respect to section 101 and 
     subsections (a) and (b) of this section, any law, regulation, 
     provision, or action of any State that applies or purports to 
     apply to nonadmitted insurance sold to, solicited by, or 
     negotiated with an insured whose home State is another State 
     shall be preempted with respect to such application.
       (d) Workers' Compensation Exception.--This section may not 
     be construed to preempt any State law, rule, or regulation 
     that restricts the placement of workers' compensation 
     insurance or excess insurance for self-funded workers' 
     compensation plans with a nonadmitted insurer.

     SEC. 103. PARTICIPATION IN NATIONAL PRODUCER DATABASE.

       After the expiration of the 2-year period beginning on the 
     date of the enactment of

[[Page 21236]]

     this Act, a State may not collect any fees relating to 
     licensing of an individual or entity as a surplus lines 
     broker in the State unless the State has in effect at such 
     time laws or regulations that provide for participation by 
     the State in the national insurance producer database of the 
     NAIC, or any other equivalent uniform national database, for 
     the licensure of surplus lines brokers and the renewal of 
     such licenses.

     SEC. 104. UNIFORM STANDARDS FOR SURPLUS LINES ELIGIBILITY.

       A State may not--
       (1) impose eligibility requirements on, or otherwise 
     establish eligibility criteria for, nonadmitted insurers 
     domiciled in a United States jurisdiction, except in 
     conformance with such requirements and criteria in sections 
     5A(2) and 5C(2)(a) of the Non-Admitted Insurance Model Act, 
     unless the State has adopted nationwide uniform requirements, 
     forms, and procedures developed in accordance with section 
     101(b) of this Act that include alternative nationwide 
     uniform eligibility requirements; and
       (2) prohibit a surplus lines broker from placing 
     nonadmitted insurance with, or procuring nonadmitted 
     insurance from, a nonadmitted insurer domiciled outside the 
     United States that is listed on the Quarterly Listing of 
     Alien Insurers maintained by the International Insurers 
     Department of the NAIC.

     SEC. 105. STREAMLINED APPLICATION FOR COMMERCIAL PURCHASERS.

       A surplus lines broker seeking to procure or place 
     nonadmitted insurance in a State for an exempt commercial 
     purchaser shall not be required to satisfy any State 
     requirement to make a due diligence search to determine 
     whether the full amount or type of insurance sought by such 
     exempt commercial purchaser can be obtained from admitted 
     insurers if--
       (1) the broker procuring or placing the surplus lines 
     insurance has disclosed to the exempt commercial purchaser 
     that such insurance may or may not be available from the 
     admitted market that may provide greater protection with more 
     regulatory oversight; and
       (2) the exempt commercial purchaser has subsequently 
     requested in writing the broker to procure or place such 
     insurance from a nonadmitted insurer.

     SEC. 106. GAO STUDY OF NONADMITTED INSURANCE MARKET.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the nonadmitted insurance 
     market to determine the effect of the enactment of this title 
     on the size and market share of the nonadmitted insurance 
     market for providing coverage typically provided by the 
     admitted insurance market.
       (b) Contents.--The study shall determine and analyze--
       (1) the change in the size and market share of the 
     nonadmitted insurance market and in the number of insurance 
     companies and insurance holding companies providing such 
     business in the 18-month period that begins upon the 
     effective date of this Act;
       (2) the extent to which insurance coverage typically 
     provided by the admitted insurance market has shifted to the 
     nonadmitted insurance market;
       (3) the consequences of any change in the size and market 
     share of the nonadmitted insurance market, including 
     differences in the price and availability of coverage 
     available in both the admitted and nonadmitted insurance 
     markets;
       (4) the extent to which insurance companies and insurance 
     holding companies that provide both admitted and nonadmitted 
     insurance have experienced shifts in the volume of business 
     between admitted and nonadmitted insurance; and
       (5) the extent to which there has been a change in the 
     number of individuals who have nonadmitted insurance 
     policies, the type of coverage provided under such policies, 
     and whether such coverage is available in the admitted 
     insurance market.
       (c) Consultation With NAIC.--In conducting the study under 
     this section, the Comptroller General shall consult with the 
     NAIC.
       (d) Report.--The Comptroller General shall complete the 
     study under this section and submit a report to the Committee 
     on Financial Services of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate regarding the findings of the study not later than 30 
     months after the effective date of this Act.

     SEC. 107. DEFINITIONS.

       For purposes of this title, the following definitions shall 
     apply:
       (1) Admitted insurer.--The term ``admitted insurer'' means, 
     with respect to a State, an insurer licensed to engage in the 
     business of insurance in such State.
       (2) Affiliate.--The term ``affiliate'' means, with respect 
     to an insured, any entity that controls, is controlled by, or 
     is under common control with the insured.
       (3) Affiliated group.--The term ``affiliated group'' means 
     any group of entities that are all affiliated.
       (4) Control.--An entity has ``control'' over another entity 
     if--
       (A) the entity directly or indirectly or acting through one 
     or more other persons owns, controls or has the power to vote 
     25 percent or more of any class of voting securities of the 
     other entity; or
       (B) the entity controls in any manner the election of a 
     majority of the directors or trustees of the other entity.
       (5) Exempt commercial purchaser.--The term ``exempt 
     commercial purchaser'' means any person purchasing commercial 
     insurance that, at the time of placement, meets the following 
     requirements:
       (A) The person employs or retains a qualified risk manager 
     to negotiate insurance coverage.
       (B) The person has paid aggregate nationwide commercial 
     property and casualty insurance premiums in excess of 
     $100,000 in the immediately preceding 12 months.
       (C)(i) The person meets at least one of the following 
     criteria:
       (I) The person possesses a net worth in excess of 
     $20,000,000, as such amount is adjusted pursuant to clause 
     (ii).
       (II) The person generates annual revenues in excess of 
     $50,000,000, as such amount is adjusted pursuant to clause 
     (ii).
       (III) The person employs more than 500 full time or full 
     time equivalent employees per individual insured or is a 
     member of an affiliated group employing more than 1,000 
     employees in the aggregate.
       (IV) The person is a not-for-profit organization or public 
     entity generating annual budgeted expenditures of at least 
     $30,000,000, as such amount is adjusted pursuant to clause 
     (ii).
       (V) The person is a municipality with a population in 
     excess of 50,000 persons.
       (ii) Effective on the fifth January 1 occurring after the 
     date of the enactment of this Act and each fifth January 1 
     occurring thereafter, the amounts in subclauses (I), (II), 
     and (IV) of clause (i) shall be adjusted to reflect the 
     percentage change for such five-year period in the Consumer 
     Price Index for All Urban Consumers published by the Bureau 
     of Labor Statistics of the Department of Labor.
       (6) Home state.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``home State'' means, with respect to an insured--
       (i) the State in which an insured maintains its principal 
     place of business or, in the case of an individual, the 
     individual's principal residence; or
       (ii) if 100 percent of the insured risk is located out of 
     the State referred to in subparagraph (A), the State to which 
     the greatest percentage of the insured's taxable premium for 
     that insurance contract is allocated.
       (B) Affiliated groups.--If more than one insured from an 
     affiliated group are named insureds on a single nonadmitted 
     insurance contract, the term ``home State'' means the home 
     State, as determined pursuant to subparagraph (A), of the 
     member of the affiliated group that has the largest 
     percentage of premium attributed to it under such insurance 
     contract.
       (7) Independently procured insurance.--The term 
     ``independently procured insurance'' means insurance procured 
     directly by an insured from a nonadmitted insurer.
       (8) NAIC.--The term ``NAIC'' means the National Association 
     of Insurance Commissioners or any successor entity.
       (9) Nonadmitted insurance.--The term ``nonadmitted 
     insurance'' means any property and casualty insurance 
     permitted to be placed directly or through a surplus lines 
     broker with a nonadmitted insurer eligible to accept such 
     insurance.
       (10) Non-admitted insurance model act.--The term ``Non-
     Admitted Insurance Model Act'' means the provisions of the 
     Non-Admitted Insurance Model Act, as adopted by the NAIC on 
     August 3, 1994, and amended on September 30, 1996, December 
     6, 1997, October 2, 1999, and June 8, 2002.
       (11) Nonadmitted insurer.--The term ``nonadmitted insurer'' 
     means, with respect to a State, an insurer not licensed to 
     engage in the business of insurance in such State.
       (12) Qualified risk manager.--The term ``qualified risk 
     manager'' means, with respect to a policyholder of commercial 
     insurance, a person who meets all of the following 
     requirements:
       (A) The person is an employee of, or third party consultant 
     retained by, the commercial policyholder.
       (B) The person provides skilled services in loss 
     prevention, loss reduction, or risk and insurance coverage 
     analysis, and purchase of insurance.
       (C) The person--
       (i)(I) has a bachelor's degree or higher from an accredited 
     college or university in risk management, business 
     administration, finance, economics, or any other field 
     determined by a State insurance commissioner or other State 
     regulatory official or entity to demonstrate minimum 
     competence in risk management; and
       (II)(aa) has three years of experience in risk financing, 
     claims administration, loss prevention, risk and insurance 
     analysis, or purchasing commercial lines of insurance; or
       (bb) has one of the following designations:

       (AA) a designation as a Chartered Property and Casualty 
     Underwriter (in this subparagraph referred to as ``CPCU'') 
     issued by the American Institute for CPCU/Insurance Institute 
     of America;
       (BB) a designation as an Associate in Risk Management (ARM) 
     issued by the American

[[Page 21237]]

     Institute for CPCU/Insurance Institute of America;
       (CC) a designation as Certified Risk Manager (CRM) issued 
     by the National Alliance for Insurance Education & Research;
       (DD) a designation as a RIMS Fellow (RF) issued by the 
     Global Risk Management Institute; or
       (EE) any other designation, certification, or license 
     determined by a State insurance commissioner or other State 
     insurance regulatory official or entity to demonstrate 
     minimum competency in risk management;

       (ii)(I) has at least seven years of experience in risk 
     financing, claims administration, loss prevention, risk and 
     insurance coverage analysis, or purchasing commercial lines 
     of insurance; and
       (II) has any one of the designations specified in subitems 
     (AA) through (EE) of clause (i)(II)(bb);
       (iii) has at least 10 years of experience in risk 
     financing, claims administration, loss prevention, risk and 
     insurance coverage analysis, or purchasing commercial lines 
     of insurance; or
       (iv) has a graduate degree from an accredited college or 
     university in risk management, business administration, 
     finance, economics, or any other field determined by a State 
     insurance commissioner or other State regulatory official or 
     entity to demonstrate minimum competence in risk management.
       (13) Premium tax.--The term ``premium tax'' means, with 
     respect to surplus lines or independently procured insurance 
     coverage, any tax, fee, assessment, or other charge imposed 
     by a government entity directly or indirectly based on any 
     payment made as consideration for an insurance contract for 
     such insurance, including premium deposits, assessments, 
     registration fees, and any other compensation given in 
     consideration for a contract of insurance.
       (14) Surplus lines broker.--The term ``surplus lines 
     broker'' means an individual, firm, or corporation which is 
     licensed in a State to sell, solicit, or negotiate insurance 
     on properties, risks, or exposures located or to be performed 
     in a State with nonadmitted insurers.
       (15) State.--The term ``State'' includes any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, the Northern Mariana Islands, the Virgin 
     Islands, and American Samoa.

                         TITLE II--REINSURANCE

     SEC. 201. REGULATION OF CREDIT FOR REINSURANCE AND 
                   REINSURANCE AGREEMENTS.

       (a) Credit for Reinsurance.--If the State of domicile of a 
     ceding insurer is an NAIC-accredited State, or has financial 
     solvency requirements substantially similar to the 
     requirements necessary for NAIC accreditation, and recognizes 
     credit for reinsurance for the insurer's ceded risk, then no 
     other State may deny such credit for reinsurance.
       (b) Additional Preemption of Extraterritorial Application 
     of State Law.--In addition to the application of subsection 
     (a), all laws, regulations, provisions, or other actions of a 
     State that is not the domiciliary State of the ceding 
     insurer, except those with respect to taxes and assessments 
     on insurance companies or insurance income, are preempted to 
     the extent that they--
       (1) restrict or eliminate the rights of the ceding insurer 
     or the assuming insurer to resolve disputes pursuant to 
     contractual arbitration to the extent such contractual 
     provision is not inconsistent with the provisions of title 9, 
     United States Code;
       (2) require that a certain State's law shall govern the 
     reinsurance contract, disputes arising from the reinsurance 
     contract, or requirements of the reinsurance contract;
       (3) attempt to enforce a reinsurance contract on terms 
     different than those set forth in the reinsurance contract, 
     to the extent that the terms are not inconsistent with this 
     title; or
       (4) otherwise apply the laws of the State to reinsurance 
     agreements of ceding insurers not domiciled in that State.

     SEC. 202. REGULATION OF REINSURER SOLVENCY.

       (a) Domiciliary State Regulation.--If the State of domicile 
     of a reinsurer is an NAIC-accredited State or has financial 
     solvency requirements substantially similar to the 
     requirements necessary for NAIC accreditation, such State 
     shall be solely responsible for regulating the financial 
     solvency of the reinsurer.
       (b) Nondomiciliary States.--
       (1) Limitation on financial information requirements.--If 
     the State of domicile of a reinsurer is an NAIC-accredited 
     State or has financial solvency requirements substantially 
     similar to the requirements necessary for NAIC accreditation, 
     no other State may require the reinsurer to provide any 
     additional financial information other than the information 
     the reinsurer is required to file with its domiciliary State.
       (2) Receipt of information.--No provision of this section 
     shall be construed as preventing or prohibiting a State that 
     is not the State of domicile of a reinsurer from receiving a 
     copy of any financial statement filed with its domiciliary 
     State.

     SEC. 203. DEFINITIONS.

       For purposes of this title, the following definitions shall 
     apply:
       (1) Ceding insurer.--The term ``ceding insurer'' means an 
     insurer that purchases reinsurance.
       (2) Domiciliary state.--The terms ``State of domicile'' and 
     ``domiciliary State'' means, with respect to an insurer or 
     reinsurer, the State in which the insurer or reinsurer is 
     incorporated or entered through, and licensed.
       (3) Reinsurance.--The term ``reinsurance'' means the 
     assumption by an insurer of all or part of a risk undertaken 
     originally by another insurer.
       (4) Reinsurer.--
       (A) In general.--The term ``reinsurer'' means an insurer to 
     the extent that the insurer--
       (i) is principally engaged in the business of reinsurance;
       (ii) does not conduct significant amounts of direct 
     insurance as a percentage of its net premiums; and
       (iii) is not engaged in an ongoing basis in the business of 
     soliciting direct insurance.
       (B) Determination.--A determination of whether an insurer 
     is a reinsurer shall be made under the laws of the State of 
     domicile in accordance with this paragraph.
       (5) State.--The term ``State'' includes any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, the Northern Mariana Islands, the Virgin 
     Islands, and American Samoa.

                    TITLE III--RULE OF CONSTRUCTION

     SEC. 301. RULE OF CONSTRUCTION.

       Nothing in this Act or amendments to this Act shall be 
     construed to modify, impair, or supersede the application of 
     the antitrust laws. Any implied or actual conflict between 
     this Act and any amendments to this Act and the antitrust 
     laws shall be resolved in favor of the operation of the 
     antitrust laws.

     SEC. 302. SEVERABILITY.

       If any section or subsection of this Act, or any 
     application of such provision to any person or circumstance, 
     is held to be unconstitutional, the remainder of this Act, 
     and the application of the provision to any other person or 
     circumstance, shall not be affected.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kansas (Mr. Moore) and the gentleman from New Jersey (Mr. Garrett) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Kansas.


                             General Leave

  Mr. MOORE of Kansas. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kansas?
  There was no objection.
  Mr. MOORE of Kansas. I yield myself as much time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 2571, the Nonadmitted 
and Reinsurance Reform Act of 2009.
  I drafted this bipartisan legislation with Congressman Scott Garrett, 
Congressman Paul Kanjorski, Chairman Barney Frank, and Ranking Member 
Spencer Bachus. I appreciate their support and the support of the 
bill's 22 cosponsors.
  This bill will provide much-needed reform in the nonadmitted and 
reinsurance markets. In the 109th Congress, this House unanimously 
approved the bill by a vote of 417-0. In the 110th Congress, our bill 
was unanimously approved by voice vote. Unfortunately, the Senate has 
yet to act, but I believe the third time will be the charm.
  Before he retired, Senator Mel Martinez introduced the Senate version 
of the bill with Senators Evan Bayh, Mike Crapo, and Bill Nelson. I 
know the other three will pick up where Senator Martinez left off to 
help enact this legislation into law. Often called the ``safety net of 
the insurance market,'' surplus lines provides for coverage when the 
traditional market is not available.
  Under today's laws, the regulation of the surplus lines market is, 
unfortunately, fragmented and cumbersome. This situation reduces 
insurance availability, leaving policyholders uninsured and with little 
choice in providers. Similarly, regulation of the reinsurance market is 
outdated and needs to be improved.
  Accordingly, H.R. 2571 specifies that only the tax policies, 
licensing and other regulatory requirements of the home State of the 
policyholder govern a surplus lines transaction; it allows 
sophisticated commercial entities direct access to the surplus lines 
market; and it prohibits States from voiding established contractual 
arbitration

[[Page 21238]]

agreements between reinsurers and primary companies.
  Policyholders in a number of States are facing skyrocketing rates. 
The Nonadmitted and Reinsurance Reform Act provides commonsense 
solutions to the nonadmitted and reinsurance market. I urge my 
colleagues to support this bill.
  I reserve the balance of my time.
  Mr. GARRETT of New Jersey. I yield myself such time as I may consume.
  Mr. Speaker, I would like to begin by thanking several people who 
played a significant role in getting us to where we are today, 
starting, of course, with the gentleman from Kansas (Mr. Moore), who is 
the sponsor of the bill. He has exhibited tremendous leadership and 
persistence as well, as he indicated, in moving this legislation to the 
floor today, and so he should be commended for his hard work.
  I would also like to congratulate the gentlewoman from Florida (Ms. 
Brown-Waite), for she was the Republican lead sponsor on this bill in 
the last two Congresses, and she has worked tirelessly on this very 
important issue. So I am pleased now to have the opportunity to take up 
the mantle from Ms. Brown-Waite and to move this legislation forward.
  Finally, I would like to thank the National Association of Insurance 
Commissioners and specifically Dr. Theresa Vaughan for their efforts in 
working closely with all of the interested parties.
  Now, I believe that the inclusive and deliberative process that this 
legislation has undergone should serve, really, as a model as we 
continue to work on revamping and modernizing other aspects of our 
financial regulatory framework. Mr. Speaker, H.R. 2571, the Nonadmitted 
and Reinsurance Reform Act of 2009, will reform and will streamline the 
regulation of the nonadmitted--that's surplus lines--insurance market 
as well as the reinsurance market.
  Title I, which addresses the surplus lines market, will reduce 
regulatory overlap, and will clarify where the appropriate taxing 
authority really should lie with each market transaction. It also will 
establish the NAIC's eligibility requirements as a standard for the 
participation in the surplus lines marketplace. These provisions will 
basically increase efficiency. They will work to reduce transaction 
costs, and they will work to improve access to the entire market for 
our consumers.

                              {time}  1145

  Now, if we go into Title II legislation, that section addresses 
several important areas within the reinsurance market. What the bill 
will do is create a procedure to establish a single solvency regulator 
for each reinsurer, eliminate the extraterritorial application of State 
law with regards to reinsurance, and it also will provide for a more 
meaningful and really a simplified process in determining the credit 
for reinsurance that the companies will receive. So both the surplus 
lines and the reinsurance titles are vital to promoting further 
harmonization for transactions occurring across State lines and 
eliminating unnecessary redtape, which basically will help to reduce 
costs for consumers.
  So in this increasingly complex world, it is essential that consumers 
and businesses be able to purchase insurance from risks outside of 
their traditional realm. And I believe this legislation will further 
increase efficiency and reduce costs for these very important 
transactions.
  Similar variations of this legislation, as Mr. Moore indicated, have 
passed the House in the last two Congresses by unanimous votes, and it 
is my hope that this bipartisan legislation will once again pass today 
unanimously. So I ask all of my colleagues on both sides of the aisle 
to support this legislation.
  I reserve the balance of my time.
  Mr. MOORE of Kansas. Mr. Speaker, I want to thank, again, my friend, 
the gentleman from New Jersey, Scott Garrett, for his work on the bill. 
The Nonadmitted and Reinsurance Reform Act provides bipartisan, 
commonsense solutions to improve the regulation of the nonadmitted and 
reinsurance markets. So I urge my colleagues to support this bill.
  Mr. BACHUS. Mr. Speaker, I want to express my support of H.R. 2571, 
the Nonadmitted and Reinsurance Reform Act of 2009, and urge my 
colleagues to vote for its passage under suspension of the rules today.
  While there are many complex regulatory programs pending before our 
committee, today we are seeking to advance a modest but long-overdue 
measure to streamline the current system for surplus lines insurance 
and for reinsurance.
  Surplus lines insurance, also known as ``nonadmitted'' insurance, is 
highly specialized property and casualty insurance for exceptional 
risks, such as hazardous materials or amusement parks.
  H.R. 2571 would adopt a ``home state'' approach to address 
inconsistencies in state regulation of the surplus lines insurance 
market, and the bill generally follows the model law on nonadmitted 
insurance adopted by the National Association of Insurance 
Commissioners.
  This legislation also addresses reinsurance in a similar way by 
designating the home state of the insurer purchasing reinsurance as the 
primary regulator of credit for reinsurance and the home state of the 
reinsurer as the primary regulator for the reinsurer's solvency.
  As an original cosponsor of H.R. 2571, I want to commend the bill's 
primary sponsors, Oversight and Investigations Subcommittee Chairman 
Moore and Capital Markets Subcommittee Ranking Member Garrett.
  They deserve credit for working together to move this bipartisan 
legislation through the House again this year and eventually we all 
hope into law.
  I also want to commend Congresswoman Brown-Waite, the original 
champion of this effort in the 109th Congress as well as a lead 
cosponsor in the 110th Congress and an original cosponsor again in this 
Congress.
  This will be the third time we are sending this important insurance 
reform proposal to the other body, and I hope our colleagues across the 
way will be able to see the value of enacting H.R. 2571 soon.
  Mr. MOORE of Kansas. Mr. Speaker, I submit the following exchange of 
letters regarding H.R. 2571.
                                         House of Representatives,


                                   Committee on the Judiciary,

                                Washington, DC, September 9, 2009.
     Hon. Barney Frank,
     Chairman, Committee on Financial Services, House of 
         Representatives, Washington, DC.
       Dear Chairman Frank: In recognition of the desire to 
     expedite consideration of H.R. 2571, the Nonadmitted and 
     Reinsurance Reform Act of 2009, the Committee on the 
     Judiciary agrees to waive formal consideration of the bill as 
     to provisions that fall within its rule X jurisdiction.
       The Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 2571 at 
     this time, it does not waive any jurisdiction over subject 
     matter contained in this or similar legislation, and that our 
     Committee will be appropriately consulted and involved as the 
     bill or similar legislation moves forward, so that we may 
     address any remaining issues in our jurisdiction. The 
     Committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation, and 
     requests your support for any such request.
       I would appreciate your including this letter in the 
     Congressional Record during consideration of the bill on the 
     House floor.
       Thank you for your attention to this matter, and for the 
     cooperative working relationship between our two committees.
           Sincerely,
                                                John Conyers, Jr.,
     Chairman.
                                  ____

                                         House of Representatives,


                              Committee on Financial Services,

                                Washington, DC, September 9, 2009.
     Hon. John Conyers,
     Chairman, Committee on the Judiciary, House of 
         Representatives, Washington, DC.
       Dear Chairman Conyers: Thank you for your letter concerning 
     H.R. 2571, the ``Nonadmitted and Reinsurance Reform Act of 
     2009.'' This bill will be considered by the House shortly.
       I want to confirm our mutual understanding with respect to 
     the consideration of this bill. I acknowledge that portions 
     of the bill fall within the jurisdiction of the Committee on 
     the Judiciary and I appreciate your cooperation in moving the 
     bill to the House floor expeditiously. I further agree that 
     your decision to not to proceed with a markup on this bill 
     will not prejudice the Committee on the Judiciary with 
     respect to its prerogatives on this or similar legislation. I 
     would support your request for conferees on those provisions 
     within your jurisdiction in the event of a House-Senate 
     conference.
       I will include your letter and this response in the 
     Congressional Record. Thank you again for your assistance.
                                                     Barney Frank,
                                                         Chairman.


[[Page 21239]]

  Mr. MOORE of Kansas. I yield back the balance of my time.
  Mr. GARRETT of New Jersey. I also yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Kansas (Mr. Moore) that the House suspend the rules and 
pass the bill, H.R. 2571.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




              STAR-SPANGLED BANNER COMMEMORATIVE COIN ACT

  Mr. WATT. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2097) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2097

       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 ``Star-Spangled Banner 
     Commemorative Coin Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) During the Battle for Baltimore of the War of 1812, 
     Francis Scott Key visited the British fleet in the Chesapeake 
     Bay on September 7, 1814, to secure the release of Dr. 
     William Beanes, who had been captured after the British 
     burned Washington, DC.
       (2) The release of Dr. Beanes was secured, but Key and 
     Beanes were held by the British during the shelling of Fort 
     McHenry, one of the forts defending Baltimore.
       (3) On the morning of September 14, 1814, after the 25-hour 
     British bombardment of Fort McHenry, Key peered through the 
     clearing smoke to see a 42-foot by 30-foot American flag 
     flying proudly atop the Fort.
       (4) He was so inspired to see the enormous flag still 
     flying over the Fort that he began penning a song, which he 
     named The Defence of Fort McHenry, to commemorate the 
     occasion and he included a note that it should be sung to the 
     tune of the popular British melody To Anacreon in Heaven.
       (5) In 1916, President Woodrow Wilson ordered that the 
     anthem, which had been popularly renamed the Star-Spangled 
     Banner, be played at military and naval occasions.
       (6) On March 3, 1931, President Herbert Hoover signed a 
     resolution of Congress that officially designated the Star-
     Spangled Banner as the National Anthem of the United States.

     SEC. 3. COIN SPECIFICATIONS.

       (a) $1 Silver Coins.--The Secretary of the Treasury 
     (hereafter in this Act referred to as the ``Secretary'') 
     shall mint and issue the following coins in commemoration of 
     the bicentennial of the writing of the Star-Spangled Banner:
       (1) $5 gold coins.--Not more than 100,000 $5 coins, which 
     shall--
       (A) weigh 8.359 grams;
       (B) have a diameter of 0.850 inches; and
       (C) contain 90 percent gold and 10 percent alloy.
       (2) $1 silver coins.--Not more than 500,000 $1 coins, which 
     shall--
       (A) weigh 26.73 grams;
       (B) have a diameter of 1.500 inches; and
       (C) contain 90 percent silver and 10 percent copper.
       (b) Legal Tender.--The coins minted under this Act shall be 
     legal tender, as provided in section 5103 of title 31, United 
     States Code.
       (c) Numismatic Items.--For purposes of sections 5134 and 
     5136 of title 31, United States Code, all coins minted under 
     this Act shall be considered to be numismatic items.

     SEC. 4. DESIGN OF COINS.

       (a) Design Requirements.--
       (1) In general.--The design of the coins minted under this 
     Act shall be emblematic of the War of 1812 and particularly 
     the Battle for Baltimore that formed the basis for the Star-
     Spangled Banner.
       (2) Designation and inscriptions.--On each coin minted 
     under this Act, there shall be--
       (A) a designation of the value of the coin;
       (B) an inscription of the year ``2012''; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', and ``E Pluribus 
     Unum''.
       (b) Selection.--The design for the coins minted under this 
     Act shall be--
       (1) selected by the Secretary, after consultation with the 
     Maryland War of 1812 Bicentennial Commission and the 
     Commission of Fine Arts; and
       (2) reviewed by the Citizens Coinage Advisory Committee.

     SEC. 5. ISSUANCE OF COINS.

       (a) Quality of Coins.--Coins minted under this Act shall be 
     issued in uncirculated and proof qualities.
       (b) Mint Facility.--Only one facility of the United States 
     Mint may be used to strike any particular quality of the 
     coins minted under this Act.
       (c) Period for Issuance.--The Secretary may issue coins 
     under this Act only during the calendar year beginning on 
     January 1, 2012.

     SEC. 6. SALE OF COINS.

       (a) Sale Price.--The coins issued under this Act shall be 
     sold by the Secretary at a price equal to the sum of--
       (1) the face value of the coins;
       (2) the surcharge provided in section 7 with respect to 
     such coins; and
       (3) the cost of designing and issuing the coins (including 
     labor, materials, dies, use of machinery, overhead expenses, 
     marketing, and shipping).
       (b) Bulk Sales.--The Secretary shall make bulk sales of the 
     coins issued under this Act at a reasonable discount.
       (c) Prepaid Orders.--
       (1) In general.--The Secretary shall accept prepaid orders 
     for the coins minted under this Act before the issuance of 
     such coins.
       (2) Discount.--Sale prices with respect to prepaid orders 
     under paragraph (1) shall be at a reasonable discount.

     SEC. 7. SURCHARGES.

       (a) In General.--All sales of coins issued under this Act 
     shall include a surcharge of--
       (1) $35 per coin for the $5 coin; and
       (2) $10 per coin for the $1 coin.
       (b) Distribution.--Subject to section 5134(f) of title 31, 
     United States Code, all surcharges received by the Secretary 
     from the sale of coins issued under this Act shall be paid to 
     the Maryland War of 1812 Bicentennial Commission for the 
     purpose of supporting bicentennial activities, educational 
     outreach activities (including supporting scholarly research 
     and the development of exhibits), and preservation and 
     improvement activities pertaining to the sites and structures 
     relating to the War of 1812.
       (c) Audits.--The Comptroller General of the United States 
     shall have the right to examine such books, records, 
     documents, and other data of the Maryland War of 1812 
     Bicentennial Commission as may be related to the expenditures 
     of amounts paid under subsection (b).
       (d) Limitation.--Notwithstanding subsection (a), no 
     surcharge may be included with respect to the issuance under 
     this Act of any coin during a calendar year if, as of the 
     time of such issuance, the issuance of such coin would result 
     in the number of commemorative coin programs issued during 
     such year to exceed the annual 2 commemorative coin program 
     issuance limitation under section 5112(m)(1) of title 31, 
     United States Code (as in effect on the date of the enactment 
     of this Act). The Secretary of the Treasury may issue 
     guidance to carry out this subsection.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Watt) and the gentleman from New York (Mr. Lee) 
each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. WATT. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2097, the Star-Spangled 
Banner Commemorative Coin Act, and applaud my colleague, Mr. 
Ruppersberger, for introducing the bill.
  The bill instructs the Secretary of the Treasury to mint and issue $5 
gold coins and $1 silver coins in commemoration of the bicentennial of 
the writing of the ``Star-Spangled Banner.'' The issuing of this coin 
will would begin during the calendar year. The ``Star-Spangled Banner'' 
is set to music to a poem entitled ``In Defense of Fort McHenry'' 
written in 1814 by Francis Scott Key, who wrote the poem after seeing 
the bombardment of Fort McHenry in Baltimore, Maryland, by the Royal 
British Navy during the War of 1812. The American victory and the sight 
of the large American flag that survived the 25-hour British 
bombardment inspired the poem and the anthem.
  In 1916, President Woodrow Wilson ordered that the anthem, which had 
been popularly renamed the ``Star-Spangled Banner,'' be played at 
military and naval occasions. On March 6, 1931, President Herbert 
Hoover signed a resolution of Congress that officially designated the 
``Star-Spangled Banner'' as the national anthem of the United States.
  Throughout the course of American history, the ``Star-Spangled 
Banner'' has played a significant role in the democracy and freedom of 
this country and symbolizes our enduring respect for those who have 
fought and died to preserve the future of this great nation.

[[Page 21240]]

  In the 110th Congress, similar legislation passed the House and had 
298 cosponsors. I again urge my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. LEE of New York. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 2097, the Star-Spangled 
Banner Commemorative Coin Act introduced by the gentleman from Maryland 
(Mr. Ruppersberger).
  This simple measure is designed to ensure that the United States 
properly pays tribute to an important moment in its history, namely, 
the writing of the ``Star-Spangled Banner.''
  The story of Francis Scott Key at Fort McHenry is familiar to 
Americans old and young alike, but it bears some retelling. It was on 
the night of September 13, 1814, that Mr. Key negotiated the release of 
Dr. William Beanes, taken captive by the British and held on board a 
vessel in Baltimore Harbor. Not long after securing the doctor's 
release, Key and his party were not allowed to leave because they had 
become familiar with the British strength and positioning, as well as 
their attack strategy.
  Over the next 25 hours they waited in the harbor as the British 
mercilessly bombarded Fort McHenry, all while remaining out of range of 
U.S. firepower.
  When the barrage ended, Key peered out through the clearing smoke at 
daybreak to see in the distance the flag of the United States, its 15 
stars and 15 stripes tattered but standing tall. Inspired, Key 
scribbled down a poem that he later set to a British melody. More than 
a century later, an act of Congress declared that tune was this 
Nation's anthem.
  Mr. Speaker, as our Nation prepares to mark the 8th anniversary of 
the September 11 terrorist attacks, we are reminded not only of the 
many challenges that this Nation has faced in its history, but the 
symbols and words that have brought us together to endure these trials.
  Five years from now the people of the State of Maryland will be 
joined by all Americans in celebrating the bicentennial of the writing 
of the ``Star-Spangled Banner.'' H.R. 2097, the Star-Spangled Banner 
Commemorative Coin Act, provides for the minting of coins in 
commemoration of this historic event and ensures that surcharges on the 
sales of these coins will be used to support activities related to the 
bicentennial, including education and outreach activities. All of these 
will be done at no cost to the taxpayers.
  I want to again commend my colleague from Maryland (Mr. 
Ruppersberger) for introducing this bipartisan measure. I urge its 
immediate passage.
  I reserve the balance of my time.
  Mr. WATT. I yield to Mr. Ruppersberger from Maryland as much time as 
he may consume.
  Mr. RUPPERSBERGER. Thank you.
  I rise today to ask my colleagues to support H.R. 2097, the Star-
Spangled Banner Commemorative Coin Act. This legislation will create a 
commemorative coin to honor America's national anthem. I would 
particularly like to thank Chairman Frank for his support.
  The United States Mint creates two commemorative silver coins each 
year. The topic is congressionally directed. All expenses of minting, 
design and production of the coin are included in the final selling 
price of the coin. This bill does not trigger any PAYGO rules and is 
revenue neutral.
  This happens to be the second time I've gathered more than 290 
cosponsors and have been on the floor to speak about this bill.
  The $1 silver coin will be minted in 2012 for the 200th anniversary 
of the War of 1812. Proceeds will help fund the War of 1812 
Bicentennial Commission, which will hold celebrations along the east 
coast kicking off in June of 2012 and running through September of 
2014. These celebrations include a naval review, reenactment, 
festivals, historical lectures, parades, the creation of a national 
curriculum for students and the opportunity to honor the brave men and 
women who withstood the British during the War of 1812.
  My hometown of Baltimore is proud to be the home of America's 
national anthem. During a nightlong attack on Baltimore by British 
forces, Francis Scott Key was held captive aboard a British ship in the 
Chesapeake Bay. The morning after the bombardment, he looked out his 
window and saw a large American flag had survived the assault, still 
flying proudly over Fort McHenry. He knew the American forces had 
successfully defended the city of Baltimore at the fort. The next day, 
he was inspired to pen his famous poem in honor of that event.
  His brother-in-law, Judge Joseph H. Nicholson, set the poem to the 
tune of a popular British melody. A few days later, it was printed in 
Baltimore and quickly spread to newspapers from New Hampshire to 
Georgia. The song gained popularity and was often played at public 
events and Fourth of July celebrations. However, it would be many years 
before the ``Star-Spangled Banner'' became our official national 
anthem.
  In 1916, President Woodrow Wilson ordered that the song be played at 
military events and other official occasions. By the late 1920s, a 
consensus formed across the country that America needed an official 
anthem. John Philip Sousa, a famous U.S. composer, argued in favor of 
the ``Star-Spangled Banner'' and on March 3, 1931, President Hoover 
signed legislation adopting it as the national anthem for the United 
States of America. For more than 75 years, the ``Star-Spangled Banner'' 
has evoked pride and patriotism among Americans.
  I hope this collectable coin will inspire more Americans to learn the 
lyrics of the ``Star-Spangled Banner'' and the role Baltimore played in 
the history of our Nation during the War of 1812.
  All Americans are welcome to come to Baltimore to visit Fort McHenry. 
Right now, Americans can enjoy the rich history of this country. There 
are Civil War battlefields being preserved; a Star-Spangled Banner 
trail being created which runs through Maryland, the District of 
Columbia, and Virginia; and the War of 1812 Commissions being organized 
in States from New York to Georgia.
  Folks can visit the original Star-Spangled Banner flag here in 
Washington at the American Museum of National History.
  I ask that my colleagues vote for H.R. 2097 and join me in honoring 
Francis Scott Key, ``The Star-Spangled Banner,'' and the War of 1812--
an event that changed the history of our Nation.
  Mr. LEE of New York. Mr. Speaker, I have no further requests for 
time.
  I yield back.
  Mr. WATT. Mr. Speaker, I submit the following exchange of letters 
regarding H.R. 2097.
                                         House of Representatives,


                                  Committee on Ways and Means,

                                Washington, DC, September 8, 2009.
     Hon. Barney Frank,
     Chairman, Financial Services Committee,
     Washington, DC.
       Dear Chairman Frank: I am writing regarding H.R. 2097, the 
     ``Star Spangled Banner Commemorative Coin Act.''
       As you know, the Committee on Ways and Means maintains 
     jurisdiction over bills that raise revenue. H.R. 2097 
     contains a provision that establishes a surcharge for the 
     sale of commemorative coins that are minted under the bill, 
     and thus falls within the jurisdiction of the Committee on 
     Ways and Means.
       However, as part of our ongoing understanding regarding 
     commemorative coin bills and in order to expedite this bill 
     for Floor consideration, the Committee will forgo action. 
     This is being done with the understanding that it does not in 
     any way prejudice the Committee with respect to the 
     appointment of Conferees or its jurisdictional prerogatives 
     on this bill or similar legislation in the future.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 2097, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Record.
           Sincerely,
                                                Charles B. Rangel,
     Chairman.
                                  ____

                                         House of Representatives,


                              Committee on Financial Services,

                                Washington, DC, September 8, 2009.
     Hon. Charles B. Rangel,
     Chairman, Committee on Ways and Means,
     House of Representatives, Washington, DC.
       Dear Charlie: I am writing in response to your letter 
     regarding H.R. 2097, the ``Star-Spangled Banner Commemorative 
     Coin Act,'' which was introduced in the House and referred to 
     the Committee on Financial Services on April 23, 2009. It is 
     my understanding that this bill will be scheduled for floor 
     consideration shortly.

[[Page 21241]]

       I wish to confirm our mutual understanding on this bill. As 
     you know, section 7 of the bill establishes a surcharge for 
     the sale of commemorative coins that are minted under the 
     bill. I acknowledge your committee's jurisdictional interest 
     in such surcharges as revenue matters. However, I appreciate 
     your willingness to forego committee action on H.R. 2097 in 
     order to allow the bill to come to the floor expeditiously. I 
     agree that your decision to forego further action on this 
     bill will not prejudice the Committee on Ways and Means with 
     respect to its jurisdictional prerogatives on this or similar 
     legislation. I would support your request for conferees on 
     those provisions within your jurisdiction should this bill be 
     the subject of a House-Senate conference.
       I will include this exchange of letters in the 
     Congressional Record when this bill is considered by the 
     House. Thank you again for your assistance.
                                                     Barney Frank,
                                                         Chairman.

  Mr. WATT. Mr. Speaker, I simply encourage my colleagues to support 
this historic bill and thank Mr. Ruppersberger for its introduction.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Watt) that the House suspend the 
rules and pass the bill, H.R. 2097.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. WATT. 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 and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                             GENERAL LEAVE

  Mr. WATT. I ask unanimous consent that all Members may have 5 
legislative days in which to revise and extend their remarks and 
include extraneous material on the bill just under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.

                          ____________________




                              {time}  1200
    APPOINTING FRANCE A. CORDOVA TO BOARD OF REGENTS OF SMITHSONIAN 
                              INSTITUTION

  Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules 
and pass the joint resolution (S.J. Res. 9) providing for the 
appointment of France A. Cordova as a citizen regent of the Board of 
Regents of the Smithsonian Institution.
  The Clerk read the title of the joint resolution.
  The text of the joint resolution is as follows:

                              S.J. Res. 9

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That, in 
     accordance with section 5581 of the Revised Statutes (20 
     U.S.C. 43), the vacancy on the Board of Regents of the 
     Smithsonian Institution, in the class other than Members of 
     Congress, occurring by reason of the resignation of Eli Broad 
     of California is filled by the appointment of France A. 
     Cordova of Indiana. The appointment is for a term of 6 years, 
     effective on the later of April 7, 2009, or the date of 
     enactment of this joint resolution.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Brady) and the gentleman from California (Mr. Daniel 
E. Lungren) each will control 20 minutes. The Chair recognizes the 
gentleman from Pennsylvania.


                             General Leave

  Mr. BRADY of Pennsylvania. Mr. Speaker, I ask that all Members have 5 
legislative days to revise and extend their remarks on this 
legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself as much time 
as I may consume.
  Mr. Speaker, this joint resolution will appoint Dr. France Cordova as 
a citizen regent of the Smithsonian Institution for a 6-year term 
beginning on the day of its enactment into law. The appointment would 
fill a long-standing vacancy and would bring the Board of Regents back 
up to full strength again for the first time in several years.
  Dr. Cordova is the president of Purdue University in Indiana. She 
also served as chief scientist at NASA in the 1990s. The members of the 
Committee on House Administration met with her in July, and we found 
her to be very qualified to represent the American people on the 
Smithsonian's governing body.
  I urge approval of the joint resolution so that Dr. Cordova can 
assume her seat in time for the Regents' next meeting later this month.
  I now reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  As a member of the House Administration Committee, I am pleased to 
support the appointment of Dr. France Cordova to be a citizen regent of 
the Smithsonian Institution. Dr. Cordova recently joined committee 
members to discuss her extensive educational background and ongoing 
work which will be of inestimable benefit to the ongoing mission of the 
Smithsonian. Because she is so distinguished and is involved in many 
activities, I did ask her whether she could give the time to this 
appointment that it deserves, and she assured us that she could. She 
recognized the importance of the Smithsonian Institution and felt that 
this was a more than worthy obligation on her part and felt that it was 
a contribution she would make to the American people.
  In addition to the many national boards of which she is a member, Dr. 
Cordova serves as the 11th president of Purdue University in Indiana. 
She was the first woman chancellor of a University of California 
campus, but perhaps also indicative of her leadership, in the area of 
discovery, she was, I'm informed, the youngest chief scientist at NASA.
  As a scientist, administrator, and ongoing researcher, the richness 
of her background in academic exploration would be difficult to 
overstate. As the Smithsonian Institution continues toward new 
achievements, I am confident that Dr. Cordova will be a critical piece 
in ensuring that James Smithson's original intent, that the institution 
would be ``an establishment for the increase and diffusion of 
knowledge,'' is preserved with excellence.
  I would urge my colleagues to join me in supporting Dr. Cordova's 
appointment to the Smithsonian's Board of Regents.
  Since I have no other speakers, I would yield back the balance of my 
time.
  Mr. BRADY of Pennsylvania. I thank the ranking member on the House 
Administration Committee for his cooperation, as always.
  Mr. PENCE. Mr. Speaker, I rise to congratulate Dr. France A. Cordova 
on her nomination by the Smithsonian Institution's Board of Regents and 
appointment by joint resolution of Congress to serve as one of the 
Smithsonian's nine citizen regents. Her outstanding scientific 
contributions in the areas of observational and experimental 
astrophysics, multi-spectral research on x-ray and gamma ray sources, 
and space-borne instrumentation make her an ideal candidate for this 
prestigious position.
  Born in France, Dr. Cordova attended high school in California and 
went on to graduate cum laude from Stanford University in less than 
four years. She then earned a PhD in Physics from the California 
Institute of Technology, and in 1997, she was awarded an honorary 
doctorate by Loyola Marymount University. In 2007, Dr. Cordova moved to 
the Hoosier State and was appointed the eleventh president of Purdue 
University, as well as professor of physics and astronomy for the 
University.
  Again, I commend the excellent work of Dr. Cordova and her many 
scientific contributions. Hoosiers are blessed to have the talent and 
expertise of Dr. Cordova at Purdue University, and her appointment to 
the Smithsonian's Board of Regents is a true honor for Indiana. I am 
confident that she will prove a valuable asset in her new position at 
the Smithsonian Institution.
  Mr. SOUDER. Mr. Speaker, I would like to express my support for 
Senate Joint Resolution 9, and recognize Dr. France A. Cordova on her 
appointment as a citizen regent of the Smithsonian Institution's Board 
of Regents.
  The Smithsonian's governing board is comprised of 17 members. These 
members include the Chief Justice of the Supreme Court, the Vice 
President of the United States, six

[[Page 21242]]

Members of Congress, and nine citizens who are nominated by the board 
and approved jointly in a resolution of Congress. The nine citizen 
members serve for a term of 6 years each and are eligible for 
reappointment to one additional term.
  Having already established herself as an internationally recognized 
astrophysicist, and a national leader in postsecondary education, 
France A. Cordova is currently the 11th President of Purdue University. 
Known as the first woman and youngest person to hold the position of 
NASA chief scientist from 1993 to 1996, Dr. Cordova still follows her 
love of science. Currently, Dr. Cordova and two colleagues have a 
collaborative experiment flying on the European Space Agency's X-Ray 
Multi-Mirror Mission.
  Prior to joining Purdue in 2007, she served in the University of 
California system for 11 years, first as the Professor of Physics and 
Vice Chancellor for Research at UC Santa Barbara and then as the 
Distinguished Professor of Physics and Astronomy and Chancellor for UC 
Riverside. Cordova's scientific career contributions have been in the 
areas of observational and experimental astrophysics. She has published 
more than 150 scientific papers and continues to pursue scholarly 
research. Dr. Cordova was also the winner of NASA's highest honor, the 
Distinguished Service Medal. As an influential leader in science policy 
and education, she also serves on numerous state and national boards, 
most recently accepting an appointment to the Board of Trustees for the 
Mayo Clinic in May 2008 and a six-year presidential appointment to the 
National Science Board, effective November 2008.
  Dr. Cordova's honors and awards are almost as numerous as the stars 
in space that she studies. Her accomplishment in the field of 
astrophysics and her leadership as the head of a national research 
university provide her with tremendous experience that will benefit the 
Smithsonian's board and help improve its mission for the increase and 
diffusion of knowledge. Her impact on education and science has been 
remarkable.
  I will conclude in saying that Dr. France A. Cordova would be an out 
of this world addition to the Smithsonian Institution's governing 
board. It will be an honor and pleasure to have her serve on that 
board, and I ask my colleagues to support Senate Joint Resolution 9.
  Mr. BRADY of Pennsylvania. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Brady) that the House suspend the 
rules and pass the joint resolution, S.J. Res. 9.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the joint resolution was passed.
  A motion to reconsider was laid on the table.

                          ____________________




 AUTHORIZING USE OF CAPITOL GROUNDS FOR CELEBRATION OF CITIZENSHIP DAY

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 136) authorizing the use of the 
Capitol Grounds for a celebration of Citizenship Day.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 136

       Resolved by the House of Representatives (the Senate 
     concurring),

     SECTION 1. USE OF CAPITOL GROUNDS TO CELEBRATE CITIZENSHIP 
                   DAY.

       (a) In General.--The National Korean American Service and 
     Education Consortium (in this resolution referred to as the 
     ``sponsor'') shall be permitted to sponsor a public event (in 
     this resolution referred to as the ``event'') on the Capitol 
     Grounds to celebrate Citizenship Day.
       (b) Date of Event.--The event shall be held on September 
     17, 2009, or on such other day as the Speaker of the House of 
     Representatives and the Committee on Rules and Administration 
     of the Senate jointly designate.

     SEC. 2. TERMS AND CONDITIONS.

       (a) In General.--Under conditions to be prescribed by the 
     Architect of the Capitol and the Capitol Police Board, the 
     event shall be--
       (1) free of admission charge and open to the public; and
       (2) arranged not to interfere with the needs of Congress.
       (b) Expenses and Liabilities.--The sponsor shall assume 
     full responsibility for all expenses and liabilities incident 
     to all activities associated with the event.

     SEC. 3. EVENT PREPARATIONS.

        Subject to the approval of the Architect of the Capitol, 
     the sponsor is authorized to erect upon the Capitol Grounds 
     such stage, sound amplification devices, and other related 
     structures and equipment as may be required for the event.

     SEC. 4. ENFORCEMENT OF RESTRICTIONS.

        The Capitol Police Board shall provide for enforcement of 
     the restrictions contained in section 5104(c) of title 40, 
     United States Code, concerning sales, advertisements, 
     displays, and solicitations on the Capitol Grounds, as well 
     as other restrictions applicable to the Capitol Grounds, in 
     connection with the event.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from California 
(Mr. Daniel E. Lungren) each will control 20 minutes. The Chair 
recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H. Con. Res. 136.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, House Concurrent Resolution 136 authorizes use of the 
Capitol Grounds for a celebration of Citizenship Day. This event will 
be sponsored by the National Korean American Service and Education 
Consortium. The bill is sponsored by Congresswoman Watson and has 
bipartisan support.
  The Capitol Hill event will be part of a national program for Korean 
Americans who will gather in Washington on that day. The date for the 
event is planned for September 17, 2009. September 17 marks the 
anniversary of the ratification of the U.S. Constitution and is 
commemorated as Constitution Day and Citizenship Day. Citizenship Day 
was authorized by P.L. 108-447. As is required of all events on the 
Capitol Grounds, this event will be free and open to the public.
  I support this resolution and reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask unanimous 
consent that I might yield my time to the gentleman from Florida (Mr. 
Mario Diaz-Balart) to control.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. MARIO DIAZ-BALART of Florida. The chairwoman has just explained 
this legislation, and it is obviously one that I support. It authorizes 
the use of the Capitol Grounds for a celebration of Citizenship Day, 
something that many people take for granted and yet we should not take 
for granted. This is the freest, the most wonderful, the most generous 
country that God has ever allowed men and women to create on this 
planet, and nothing is more sacred than citizenship of this wonderful 
land.
  Again, it is wonderful that we are actually going to be celebrating 
that along with Constitution Day. The Constitution, again, is that 
document that has allowed all of this enterprise to take place, limited 
government, which our Founding Fathers understood was the key to 
greatness.
  So, again, she already explained what this does, allowing the use of 
the Capitol Grounds for a celebration of Citizenship Day, and I would 
urge the adoption of this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Ms. NORTON. I thank the gentleman. I ask the gentleman if he has any 
further speakers.
  Mr. MARIO DIAZ-BALART of Florida. I do not.
  Mr. Speaker, I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, I rise in support of House Concurrent 
Resolution 136, to authorize the use of the Capitol Grounds for a 
public event to honor citizenship day.
  September 17th marks the anniversary of the ratification of the U.S. 
Constitution and is commemorated as Constitution Day and Citizenship 
Day. It designates a time to honor the Constitution of the United 
States and learn more about this famous piece of legislation.

[[Page 21243]]

  Constitution Day and Citizenship Day also recognizes ``all those who, 
whether by coming of age or by naturalization, have become citizens.'' 
The day is intended to encourage ``the complete instruction of citizens 
in their responsibilities and opportunities as citizens of the United 
States and of the State and locality in which they reside.''
  H. Con. Res. 136 authorizes the National Korean American Service and 
Education Consortium to sponsor a free public event on the Capitol 
Grounds to celebrate Citizenship Day on September 17, 2009.
  Activities on the Capitol Grounds conducted under H. Con. Res. 136 
will be coordinated with the Architect of the Capitol, and will be free 
and open to the public.
  I urge my colleagues to join me in supporting H. Con. Res. 136.
  Ms. NORTON. I yield back the remainder of my time and ask that the 
bill be approved by the House.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
136.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                  WILLIAM O. LIPINSKI FEDERAL BUILDING

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2498) to designate the Federal building located at 844 North 
Rush Street in Chicago, Illinois, as the ``William O. Lipinski Federal 
Building''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2498

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

     SECTION 1. DESIGNATION.

       The Federal building located at 844 North Rush Street in 
     Chicago, Illinois, shall be known and designated as the 
     ``William O. Lipinski Federal Building''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the Federal building 
     referred to in section 1 shall be deemed to be a reference to 
     the ``William O. Lipinski Federal Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from Florida 
(Mr. Mario Diaz-Balart) each will control 20 minutes. The Chair 
recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to include extraneous material on H.R. 2498.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2498 and am pleased 
today to speak in support of a bill that names a Federal building 
located in Illinois as the ``William O. Lipinski Federal Building.''
  Representative William Lipinski was a leader on the Public Works and 
Transportation Committee and later on the Transportation and 
Infrastructure Committee throughout the time of his service in the 
Congress when he represented the Third and Fifth Congressional District 
of Illinois. He served as a senior Democrat on the Railroads 
Subcommittee, the Aviation Subcommittee, and the Highways and Transit 
Subcommittee.
  He had a lifelong passion to address transportation and connectivity 
issues in his district, whether it was providing a local airport with 
access for financing infrastructure improvements or providing public 
transit options to areas in his congressional district that lacked 
access. Representative Lipinski also played a large role in national 
transportation policy by taking leadership roles in the past two 
transportation authorization bills that provided funding for local 
priorities in highways, highway safety, mass transit and surface 
transportation programs.
  Representative Lipinski was born in Chicago on December 22, 1937. He 
attended Loras College in Dubuque, Iowa, and served in the United 
States Army Reserves from 1961 to 1967. After serving in the Armed 
Forces, Representative Lipinski served in several different public 
service capacities in Chicago, Illinois. He was an alderman in Chicago, 
a city councilman, and later held several different positions within 
the Democratic Party in Chicago. Congressman Lipinski was eventually 
elected to Congress in 1982 and served in the 10 succeeding Congresses.
  Representative Lipinski retired in 2005 and is succeeded by his son, 
Representative Daniel Lipinski.
  I urge my colleagues to support H.R. 2498, which names this building 
located at 844 North Rush Street in Chicago as the ``William O. 
Lipinski Federal Building.''
  I reserve the balance of my time, Mr. Speaker.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, again, the chairwoman 
described this very, very well. I want to add just one more thing. I'm 
not quite sure if she touched on it.
  Obviously he has a long and distinguished career in this body and in 
the Transportation Committee as well, but he was also in the United 
States Army Reserve. And one of the things we should never, never 
forget are those who are willing to serve in our Nation's Armed Forces. 
He was willing to do so, and he did so honorably.
  So, again, naming this Federal building in Chicago after 
Representative Lipinski I think is an appropriate recognition of his 
commitment to public service.
  I do not believe that I have any other speakers. Can I inquire if 
there are any other speakers?
  Ms. NORTON. I have no other speakers.
  Does the gentleman have any other speakers?
  Mr. MARIO DIAZ-BALART of Florida. I have no other speakers, so I 
would yield back the remaining part of my time.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of the bill, H.R. 
2498, which I introduced, to designate the Federal building located at 
844 North Rush Street in Chicago, Illinois, as the ``William O. 
Lipinski Federal Building'' in honor of our former colleague and 
national leader in transportation issues, Bill Lipinski.
  William O. Lipinski was born in Chicago, and lived there for most of 
his life. He attended Loras College in Dubuque, Iowa, and served in 
United States Army Reserves from 1961 to 1967. After serving in the 
armed forces, he was active in public service in Chicago, Illinois. He 
served as an Alderman, a city councilman, and several different 
positions within the Democratic Party in Chicago. William O. Lipinski 
was elected to Congress in 1982, where he went on to serve in 10 
succeeding Congresses. In his Congressional career, Congressman 
Lipinski served as the senior Democrat on the Subcommittee on 
Railroads, the Subcommittee on Aviation, and the Subcommittee on 
Highways and Transit.
  Our colleague, Bill Lipinski, was a leader on transportation issues 
while he represented the 3rd and 5th Congressional Districts of 
Illinois. He strongly advocated for the transportation and connectivity 
issues in his district, whether it was providing a local airport with 
access for financing for infrastructure improvement or providing public 
transit options to areas in his Congressional district that lacked 
access.
  In the early 1990s, Congressman Lipinski was instrumental in securing 
the Passenger Facility Charge (PFC), which enabled airports to finance 
infrastructure improvements. He also served in leadership roles in the 
past two surface transportation authorization bills, providing funding 
for highway, highway safety, and public transit programs.
  It is most fitting that we honor his civic career, his leadership 
role on the Committee on Transportation and Infrastructure, and his 
contributions to the transportation industry with this designation.
  I urge my colleagues to join me in supporting H.R. 2498.
  Ms. NORTON. Mr. Speaker, I yield back the balance of my time.

                              {time}  1215

  The SPEAKER pro tempore (Mr. Pastor of Arizona). The question is on 
the

[[Page 21244]]

motion offered by the gentlewoman from the District of Columbia (Ms. 
Norton) that the House suspend the rules and pass the bill, H.R. 2498.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. NORTON. 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 and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




TRANSFER OF CERTAIN FEDERAL PROPERTY TO GALVESTON HISTORICAL FOUNDATION

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2121) to provide for the transfer of certain Federal 
property to the Galveston Historical Foundation, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2121

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

     SECTION 1. CONVEYANCE OF REAL PROPERTY IN GALVESTON, TEXAS, 
                   TO GALVESTON HISTORICAL FOUNDATION.

       (a) Conveyance.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of General Services 
     shall offer to convey, by quitclaim deed, to the Galveston 
     Historical Foundation all right, title, and interest of the 
     United States in and to the parcel of real property located 
     at 502 20th Street in Galveston, Texas, including the 
     improvements thereon.
       (b) Consideration.--As consideration for conveyance of the 
     parcel under subsection (a), the Administrator shall require 
     the Galveston Historical Foundation to pay to the 
     Administrator the fair market value of the parcel, as 
     determined based on an appraisal that is acceptable to the 
     Administrator.
       (c) Costs of Conveyance.--The Galveston Historical 
     Foundation shall be responsible for the costs of an appraisal 
     conducted under subsection (b) and for all other costs 
     related to the conveyance.
       (d) Proceeds.--
       (1) Deposit.--Any proceeds received under subsection (b) 
     shall be paid into the Federal Buildings Fund established 
     under section 592 of title 40, United States Code.
       (2) Expenditure.--Amounts paid into the Federal Buildings 
     Fund under paragraph (1) shall be available to the 
     Administrator, in amounts specified in appropriations Acts, 
     for expenditure for any lawful purpose consistent with 
     existing authorities granted to the Administrator, except 
     that the Administrator shall provide to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate 30 days advance written notice of any 
     expenditure of the proceeds.
       (e) Additional Terms and Conditions.--The Administrator may 
     require that any conveyance under subsection (a) be subject 
     to such additional terms and conditions as the Administrator 
     considers appropriate to protect the interests of the United 
     States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from Florida 
(Mr. Mario Diaz-Balart) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to include extraneous material on H.R. 2121.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 2121, as amended, authorizes the Administrator of General 
Services to convey a parcel of real property located at 502 20th Street 
in Galveston, Texas, to the Galveston Historical Foundation subject to 
certain requirements, but not later than 90 days after the date of 
enactment of the bill.
  The bill was introduced by Congressman Paul. The building is the U.S. 
Custom House and is currently occupied by the historical foundation, 
which has a long-term lease on the facility. In 1998, the historical 
foundation signed a cooperative agreement with the General Services 
Administration to permit the foundation to lease and rehabilitate the 
building. Despite a dedicated and unanimous commitment to preservation, 
the building is not well suited for Federal tenants and the needs that 
we have for modern office space.
  This bill allows the Galveston Historical Society to purchase the 
building outright at fair market value as determined by the 
administrator. The proceeds will be deposited into the Federal building 
fund. The General Services Administration supports the bill, and I 
strongly urge its passage as Chair of the Subcommittee.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I also support this 
resolution by the gentleman from Texas (Mr. Paul). The chairwoman has 
done a great job explaining what it does, and I would urge my 
colleagues to do the same.
  Mr. OBERSTAR. Mr. Speaker, H.R. 2121, as amended, authorizes the 
Administrator of the General Services Administration (GSA) to transfer 
to the Galveston Historical Foundation the Federal property located at 
502 20th St. Galveston, Texas.
  The parcel of real property is the 1861 U.S. Custom House, one of the 
oldest buildings in Galveston, Texas, and was added to the National 
Register of Historic Places in 1970. The Galveston Historical 
Foundation was incorporated in 1954, and has since cultivated its work 
to cover community redevelopment, public education, historic 
preservation advocacy, maritime preservation, and stewardship of 
historic properties on Galveston Island. To date, the Galveston 
Historical Foundation has more than 2,000 members and has twice been 
awarded the National Trust for Historic Preservation's Honor Award.
  In 1998, GSA and the Galveston Historical Foundation entered into a 
long-term lease agreement with respect to the 1861 U.S. Custom House. 
In exchange for the Galveston Historical Society rehabilitating the 
historical building, it was granted a long-term lease. This bill allows 
the Galveston Historical Society to purchase the building outright.
  H.R. 2121 would convey the property at fair market value to the 
Galveston Historical Foundation. The proceeds will be deposited into 
the Federal Building Fund.
  I urge my colleagues to join me in supporting H.R. 2121.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I yield back the 
balance of my time.
  Ms. NORTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 2121, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to authorize the 
Administrator of General Services to convey a parcel of real property 
in Galveston, Texas, to the Galveston Historical Foundation.''.
  A motion to reconsider was laid on the table.

                          ____________________




            ALBERT ARMENDARIZ, SR., UNITED STATES COURTHOUSE

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2053) to designate the United States courthouse located at 
525 Magoffin Avenue in El Paso, Texas, as the ``Albert Armendariz, Sr., 
United States Courthouse''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2053

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

     SECTION 1. DESIGNATION.

       The United States courthouse located at 525 Magoffin Avenue 
     in El Paso, Texas, shall be known and designated as the 
     ``Albert Armendariz, Sr., United States Courthouse''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the United States 
     courthouse referred to in section 1 shall be deemed to be a 
     reference to the ``Albert Armendariz, Sr., United States 
     Courthouse''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from Florida 
(Mr. Mario Diaz-Balart) each will control 20 minutes.

[[Page 21245]]

  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to include extraneous material on H.R. 2053.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 2053 honors an outstanding American jurist. Judge Albert 
Armendariz, Sr. had a long and distinguished career of public service 
and was a true patriot of the United States of America.
  Judge Armendariz was a native Texan. After he served his country in 
World War II, he left the U.S. Army and used the GI bill to continue 
his education. He graduated from the University of Texas at El Paso, 
then the University of Southern California Law School where he was the 
only Mexican American in attendance. After graduating from USC law 
school in 1950, Judge Armendariz returned to El Paso, Texas.
  Early in his career, Judge Armendariz tackled discrimination head on 
while serving on the El Paso Civil Service Commission and pushing the 
agency to end discrimination against Latino applicants for civil 
service positions. Judge Armendariz also served as an immigration judge 
within the U.S. Department of Justice. He was the first Latino judge to 
serve as a justice on the Eighth Judicial District Court of Appeals for 
the State of Texas.
  In addition to his service in the government, Judge Armendariz also 
found time to serve in leadership positions in several influential 
civic organizations and helped form the influential Mexican American 
Legal Defense and Education Fund in 1968.
  Judge Armendariz had a never-ending passion for service to his 
community and practiced law until his death at the age of 88 on October 
4, 2007. Given his extraordinary service, it is fitting and proper to 
honor Judge Armendariz by designating the United States Courthouse 
located at 525 Magoffin Avenue in El Paso, Texas, in his honor.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, again, the gentlelady 
has explained this resolution. I obviously have no objection to the 
passage of this bill. And I also want to thank the gentlelady for 
highlighting not only his distinguished career as a judge, but also the 
fact that he was part of what is known as the greatest generation.
  Mr. HINOJOSA. Mr. Speaker, I rise today in strong support of H.R. 
2053, a bill to name the new El Paso Federal courthouse after the late 
Judge Albert Armendariz, Sr.
  Judge Armendariz helped change the landscape for Latinos in Texas and 
nationwide. He dedicated his life to representing immigrants and is 
best remembered for his work on the landmark case, Hernandez v. the 
State of Texas, which established Latinos as a distinct class entitled 
to protection under the 14th amendment.
  Over his lifetime, Judge Armendariz had a wide and varied career. Not 
only was he a distinguished judge and civil rights leader, but he was a 
WWII veteran, the founder of the Mexican American Legal Defense and 
Educational Fund (MALDEF), national president of the League of United 
Latin American Citizens (LULAC), a Federal immigration judge and 
founding board member of the Mexican American Bar Association of El 
Paso.
  In addition, in the late 1950s and early 1960s, Judge Armendariz 
served on the El Paso Civil Service Commission and is credited with 
helping to open the city's police and fire departments to Mexican-
Americans.
  Judge Armendariz gave so much to the El Paso community and to our 
Nation. I urge all of my colleagues to support this resolution to honor 
this great American.
  Mr. OBERSTAR. Mr. Speaker, I rise in support of H.R. 2053, which 
designates the U.S. courthouse located at 525 Magoffin Avenue in El 
Paso, Texas, in honor of Albert Armendariz, Sr.
  Judge Armendariz was one of the most significant figures in Latino 
history, especially in the southwest region of the United States. He 
was the president of the League of United Latin American Citizens 
(LULAC), and the founder of the Mexican American Legal Defense 
Education Fund. He was a life-long champion of civil rights, a fighter 
against racism, and a defender of the underserved.
  Judge Armendariz was a World War II veteran, and obtained his law 
degree from the University of Southern California Law School. Upon 
graduation, he returned to El Paso, where he set up his law office. He 
quickly became a community leader and activist.
  His judicial legacy includes his work on Hernandez v. The State of 
Texas, which established Latinos as a protected class entitled to 
protection under the 14th amendment of the U.S. Constitution. Judge 
Armendariz also served as an immigration judge within the U.S. 
Department of Justice. In addition, he was the first Latino judge to 
serve as a Justice on the Eighth Judicial District Court of Appeals for 
the State of Texas. Judge Armendariz had a never ending passion for 
service to his community and practiced law until his death at age 88 on 
October 4, 2007.
  Given his extraordinary service, it is fitting and proper to honor 
Judge Armendariz by designating the United States courthouse located at 
525 Magoffin Avenue in El Paso, Texas, as the ``Albert Armendariz, Sr., 
United States Courthouse''.
  I urge my colleagues to join me in supporting H.R. 2053.
  Mr. REYES. Mr. Speaker, it is with deep pride that I rise in strong 
support of H.R. 2053, a bill that seeks to name the new El Paso Federal 
courthouse after the late Judge Albert Armendariz, Senior.
  Judge Armendariz dedicated his life to advocating on behalf 
underserved communities and it is through his leadership and tireless 
efforts that we witnessed an improved landscape for Latinos in Texas 
and nationwide. He was a trailblazer who began his distinguished legal 
career by opening his law office in downtown El Paso with a $50 loan 
from his father. Judge Armendariz maximized that small investment by 
quickly becoming a national leader who served on countless committees 
and boards that addressed the issues he would advance in his legal 
practice. Judge Armendariz would go on to practice law in Texas for 
over 50 years and would argue before the United States Supreme Court. 
He is best remembered for his work on the landmark case, Hernandez v. 
The State of Texas, which established Latinos as a distinct class 
entitled to protection under the 14th Amendment.
  Judge Armendariz graduated from El Paso High School in 1934. After 
graduation, he became a sergeant in the military and was responsible 
for overseeing the motor pool at Ft. Bliss in El Paso. He was later 
assigned to oversee the Italian prisoners of war at Ft. Bliss. When the 
war ended, he used the GI Bill to attend the University of Texas at El 
Paso for his undergraduate studies and then the University of Southern 
California Law School, where he was the only Mexican-American student 
at that time.
  Judge Armendariz was a proud American who possessed a deep commitment 
to ensuring equal opportunity for all. In the late 1950s and early 
1960s, Judge Armendariz served on the El Paso Civil Service Commission 
and is credited with helping to open the city's police and fire 
departments to Mexican-Americans. In 1976, Judge Armendariz was 
appointed an administrative judge for the Immigration and 
Naturalization Service and served in that capacity until 1985. He was 
later appointed to the 8th Court of Appeals of Texas. He was a founder 
of the Mexican American Legal Defense and Educational Fund (MALDEF); 
national president of the League of United Latin American Citizens 
(LULAC); and founding board member of the Mexican American Bar 
Association of El Paso.
  Judge Armendariz was a great American who gave so much to the El Paso 
community and to our nation. I urge all Members to join me in voting in 
favor of H.R. 2053.
  Mr. ORTIZ. Mr. Speaker, I want to take this opportunity to support my 
colleague from Texas, Congressman Silvestre Reyes, and his bill, H.R. 
2053.
  Albert Armendariz, Sr. was a great citizen and legal mind. His 
tireless work for the Latino community and under-represented citizens 
is his legacy that will be long remembered. His work on the landmark 
case, Hernandez v. The State of Texas, is part of this legacy and our 
judicial history. This case established protections under the 14th 
Amendment for Latinos and was a step forward in the American Civil 
Rights Movement.
  Judge Armendariz served his community of El Paso, Texas, and his 
nation in WWII. He attended the University of Southern California, 
School of Law and was the only Mexican-American graduate at that time. 
He was the founder of the Mexican American Legal Defense and 
Educational Fund (MALDEF), a

[[Page 21246]]

founding board member of the Mexican American Bar Association of El 
Paso, and a federal immigration judge.
  Judge Armendariz dedicated his life to the El Paso community and to 
our nation and it is fitting that we honor him in this manner.
  I ask your support for this bill which will name the new El Paso 
Federal Courthouse after the late Judge Albert Armendariz, Sr.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I yield back the 
balance of my time.
  Ms. NORTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 2053.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




             ALTO LEE ADAMS, SR., UNITED STATES COURTHOUSE

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3193) to designate the United States courthouse under 
construction at 101 South United States Route 1 in Fort Pierce, 
Florida, as the ``Alto Lee Adams, Sr., United States Courthouse''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3193

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

     SECTION 1. DESIGNATION.

       The United States courthouse under construction at 101 
     South United States Route 1 in Fort Pierce, Florida, shall be 
     known and designated as the ``Alto Lee Adams, Sr., United 
     States Courthouse''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the United States 
     courthouse referred to in section 1 shall be deemed to be a 
     reference to the ``Alto Lee Adams, Sr., United States 
     Courthouse''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from Florida 
(Mr. Mario Diaz-Balart) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to include extraneous material on H.R. 3193.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 3193 and am pleased 
today to speak in support of a bill that names the courthouse located 
in Fort Pierce, Florida, as the Alto Lee Adams, Sr. United States 
Courthouse.
  Judge Alto Lee Adams was born in 1899 in Florida and served as a 
member of the U.S. Navy in World War I. Judge Adams later graduated 
from the University of Florida Law School in 1921 and began practice in 
Fort Pierce in 1924. After practicing law in Fort Pierce County for 14 
years, Judge Adams was appointed to the Florida State Circuit Court in 
1938. After serving as a circuit court judge, Judge Adams served two 
stints as a member of the Florida Supreme Court. He was an active 
member of his community, serving as president of the Florida State Elks 
Association and vice-chair of the State Welfare Board.
  Because of Judge Adams' exemplary career in public service as both a 
member of the military and as a Florida Supreme Court justice, I urge 
my colleagues to support H.R. 3193, which names the Federal courthouse 
under construction at 101 South United States Route 1 in Fort Pierce, 
Florida, as the Alto Lee Adams, Sr. United States Courthouse.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I would like to first 
thank Representative Rooney for his leadership and work on this bill 
and would like to also yield the distinguished gentleman from Florida 3 
minutes.
  Mr. ROONEY. I thank the gentleman for yielding.
  Today is a great day for the residents of Fort Pierce, Florida, and 
the Treasure Coast.
  Over two decades ago, the late Congressman Tom Lewis and his district 
director, Ann Decker, started the long process of bringing a Federal 
courthouse to St. Lucie County. I was greatly honored that one of my 
first official events as Congressman was to participate in the historic 
groundbreaking of this new building. Shortly thereafter, I introduced 
legislation to honor the distinguished life and career of the late 
Florida supreme court chief justice, Alto Lee Adams, by naming this new 
building in his memory.
  This courthouse will fill a vital role for the city of Fort Pierce, 
bringing much-needed jobs and investment to the community with a 
greatly needed new Federal courthouse to the area. It is only fitting 
that this courthouse be named in honor of a man who himself gave so 
much to his community.
  Chief Justice Alto Lee Adams, Sr., attended the University of Florida 
College of Law and graduated in 1921. He practiced law in Fort Pierce 
from 1924 to 1938 until he was appointed as a circuit court judge for 
St. Lucie County.
  After Florida voters adopted an amendment which created a seventh 
justice in the State supreme court in 1940, Alto Lee Adams, Sr. was 
appointed to the court by then-Governor Fred P. Cone. He served as a 
justice on the Florida supreme court from 1940 to 1951 and 1967 to 
1968, and as chief justice from 1949 to 1951.
  Chief Justice Adams believed it was important to give back to his 
community and even served as president of the Florida State Elks 
Association in 1937. His service to the St. Lucie community served as 
an example to his children and those who knew him. In addition to his 
distinguished career, Judge Adams started a successful cattle ranch 
named Adams Ranch in St. Lucie County which is still run by the Adams 
family.
  Judge Adams set a standard of integrity and community service that 
lives on today, and I believe it's only fitting that a new courthouse 
be named in his honor.
  I would like to thank Chairman Oberstar, Ranking Member Mica, Mr. 
Diaz-Balart, and their staff, for helping support the moving of this 
legislation. I am proud to sponsor H.R. 3193 and ask my colleagues for 
their support.
  Mr. OBERSTAR. Mr. Speaker, I rise in support of H.R. 3193, a bill to 
designate the United States courthouse under construction at 101 South 
United States Route 1 in Fort Pierce, Florida, as the ``Alto Lee Adams, 
Sr., United States Courthouse''.
  Alto Lee Adams, Sr. was born and raised in Walton County, Florida, 
and graduated from the University of Florida Law School in 1921. After 
practicing law in Fort Pierce County for 14 years, Judge Adams was 
appointed to the Florida state circuit court in 1938.
  In 1940, Florida citizens voted for the creation of a seventh seat on 
the State Supreme Court. Then-Governor Cone appointed Judge Adams to 
the State's highest court. He served on the Florida Supreme Court until 
1951, the last two years as the Chief Justice. During this time, 
Justice Adams authored one of his most highly-regarded decisions in 
Taylor v. State, which illustrated Justice Adam's dedication to civil 
rights. He wrote that ``[a]s to the relative rights and duties, the law 
makes no [racial] distinction.'' Justice Adams also continually 
advocated for individual property rights over the Federal Government's 
power of eminent domain. In 1967, then-Governor Kirk re-appointed 
Justice Adams to the State Supreme Court, where he remained on the 
court until his mandatory retirement in 1968.
  Throughout his legal career, Justice Adams co-authored a book and 
wrote several articles regarding legal history and philosophy. His 13 
years of service on the Florida State Supreme Court are marked by his 
fairness on the bench.
  He was also an active member of his community serving as President of 
the Florida State Elks Association and as Vice Chair of the State 
Welfare Board.

[[Page 21247]]

  Because of Judge Adams' exemplary career in public service, it is 
fitting to designate the United States Courthouse under construction at 
101 South United States Route 1 in Fort Pierce, Florida, as the ``Alto 
Lee Adams, Sr., United States Courthouse''.
  I urge my colleagues to join me in supporting H.R. 3193.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I yield back the 
balance of my time.
  Ms. NORTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 3193.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




                              {time}  1230
                           NATIONAL NIGHT OUT

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
agree to the resolution (H. Res. 623) requesting that the President 
focus appropriate attention on neighborhood crime prevention and 
community policing, and coordinate certain Federal efforts to 
participate in National Night Out, which occurs the first Tuesday of 
August each year, including by supporting local efforts and community 
watch groups and by supporting local officials, to promote community 
safety and help provide homeland security.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 623

       Whereas neighborhood crime is of continuing concern to the 
     American people;
       Whereas child safety is a growing concern for parents and 
     communities, as evidenced by several cases of missing and 
     abducted children;
       Whereas homeland security remains an important priority for 
     communities and the Nation;
       Whereas crime, drugs, and violence in schools is of 
     continuing concern to the American people due to the recent 
     high-profile incidents that have resulted in fatalities at 
     several schools in the United States;
       Whereas the fight against neighborhood crime requires 
     people to work together in cooperation with law enforcement 
     personnel;
       Whereas neighborhood crime watch organizations effectively 
     promote awareness about, and the participation of volunteers 
     in, crime prevention activities at the local level;
       Whereas neighborhood crime watch groups can contribute to 
     the Nation's war on drugs by helping to prevent communities 
     from becoming markets for drug dealers;
       Whereas neighborhood crime watch programs play an integral 
     role in combating domestic terrorism by increasing vigilance 
     and awareness and encouraging citizen participation in 
     community safety and homeland security;
       Whereas community-based programs involving law enforcement, 
     school administrators, teachers, parents, and local 
     communities work effectively to reduce school violence and 
     crime and promote the safety of children;
       Whereas citizens throughout the United States will take 
     part in National Night Out, a unique crime prevention event 
     that will demonstrate the importance and effectiveness of 
     community participation in crime prevention efforts;
       Whereas over 37,000,000 people in more than 15,000 
     communities from all 50 States, territories, District of 
     Columbia, and military bases worldwide participated in 
     National Night Out in 2007;
       Whereas National Night Out will celebrate its 26th 
     anniversary on Tuesday, August 4, 2009, when citizens, 
     businesses, local law enforcement officers, mayors, State and 
     Federal officials, and others will celebrate ``America's 
     Night Out Against Crime'' and participate in events to 
     support community crime prevention;
       Whereas National Night Out is supporting the Department of 
     Homeland Security's Ready campaign by handing out materials 
     and educating and empowering the public on how to prepare 
     for, and respond to, potential terrorist attacks or other 
     emergencies;
       Whereas National Night Out is supporting the National Child 
     Identification Program, a joint partnership between the 
     American Football Coaches Association and the Federal Bureau 
     of Investigation, to provide identification kits to parents 
     to help locate missing children;
       Whereas the National Sheriffs Association, the United 
     States Conference of Mayors, and the National League of 
     Cities have officially expressed support for National Night 
     Out; and
       Whereas citizens and communities that participate on August 
     4, 2009, will send a positive message to other communities 
     and the Nation, showing their commitment to reduce crime and 
     promote homeland security: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) supports the goals and ideals of National Night Out; 
     and
       (2) requests that the President--
       (A) issue a proclamation calling on the people of the 
     United States to conduct appropriate ceremonies, activities, 
     and programs to demonstrate support for National Night Out;
       (B) focus appropriate attention on neighborhood crime 
     prevention, community policing, and reduction of school crime 
     by delivering speeches, convening meetings, and directing the 
     Administration to make crime reduction an important priority; 
     and
       (C) coordinate the efforts of the Federal Emergency 
     Management Agency, the USA Freedom Corps, the Citizen Corps, 
     the National Senior Service Corps, and AmeriCorps to 
     participate in National Night Out by supporting local efforts 
     and neighborhood watches and by supporting local officials, 
     including law enforcement personnel, to provide homeland 
     security and combat terrorism in the United States.

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


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
to include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. I yield myself such time as I may consume.
  Mr. Speaker, this resolution supports this year's National Night Out 
events coordinated by the National Association of Town Watch and 
encourages the President to focus attention on neighborhood crime 
prevention, community policing and Federal efforts to participate in 
various local events. The 26th Annual National Night Out, America's 
night out against crime, was held on Tuesday, August 4, 2009.
  The National Night Out is designed to promote crime and drug 
prevention efforts, create support for local anti-crime programs and 
strengthen neighborhood camaraderie and police-community partnerships. 
Last year's National Night Out campaign involved citizens, law 
enforcement agencies, civic groups, businesses, neighborhood 
organizations and local officials from over 15,000 communities from all 
50 States, as well as U.S. territories, Canadian cities and military 
bases worldwide.
  In 2008, over 37 million people participated in National Night Out 
events. National Night Out has the support of many agencies and 
organizations, including the National Sheriffs Association, the United 
States Conference of Mayors, and the National League of Cities.
  On August 4, people from communities around the country sat on their 
porches with their lights on to show their support for neighborhood 
crime prevention and drug abuse prevention efforts. Local sponsors also 
organized events such as block parties, cookouts, parades and visits 
with local law enforcement agencies, as well as rallies and marches. 
National Night Out events have become a very popular way to build 
police-community relations and to encourage people to volunteer in 
their communities.
  For those reasons, Mr. Speaker, I urge my colleagues to support the 
resolution introduced by the gentleman from Michigan (Mr. Stupak).
  I reserve the balance of my time.
  Mr. POE of Texas. Mr. Speaker I yield myself such time as I may 
consume.
  I want to thank the gentleman from Michigan (Mr. Stupak) for 
sponsorship of this legislation.
  On August 4, 2009, communities, businesses, local law enforcement 
officials and other individuals from all 50 States got together for 
what we call National

[[Page 21248]]

Night Out. National Night Out, an annual event created to bring 
attention to the importance of community involvement in preventing 
crime and community awareness efforts throughout the country. It has 
successfully reached millions of people and thousands of communities in 
every State in our Nation.
  Not only has the event grown in participation and size, but in 
production as well. The traditional ``lights on,'' in which 
neighborhood families coordinate in turning on their porch lights, has 
grown to include block parties, neighborhood walks, police meetings, 
cookouts and even parades.
  Mr. Speaker, this is the only time of the year that many neighbors 
see each other. My grandfather used to say that people quit being as 
neighborly when builders quit building front porches on their homes. 
Anyway, National Night Out gives people the chance to visit with each 
other and be neighborly.
  House Resolution 623 calls on the administration not only to 
highlight and urge participation in this nationwide campaign, but also 
to coordinate Federal efforts in other community crime-prevention 
initiatives.
  The resolution reminds us that crime is local. Crime affects all 
Americans, regardless of where they live or who they are. In my 30 
years as a prosecutor and a former judge, I saw for myself the terrible 
toll that crime puts on neighborhoods and on families and individuals.
  We all suffer. Crime, especially violent crime, is a national health 
concern. Volunteer organizations such as neighborhood crime watch 
groups have proven to be invaluable, not just in awareness and 
prevention, but also in their coordination with local law enforcement.
  National Night Out was created in 1984 to help bring members of our 
communities together to fight the scourge of crime in local 
neighborhoods. Since then, it has been the mission of Association of 
Town Watch and National Night Out to send a message to criminals that 
neighborhoods and communities are united in their fight against 
criminal conduct. Through the participation in local crime fighting 
programs and organizations, every American can make a difference in the 
safety of their community. Strong communities are safer communities.
  In today's world, crime and violence can be found everywhere we look. 
Urban communities, rural communities, parks and even our schools. And 
while Federal coordination with local law enforcement plays a 
tremendous role in curbing criminal activity, the coordination of local 
law enforcement officials, volunteer groups and community leaders and 
neighbors is, without a doubt, the most effective way of attacking 
crime and protecting America's families.
  So I urge all my colleagues to support this resolution.
  I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may 
consume to the sponsor of the resolution, a law enforcement officer 
himself, the gentleman from Michigan (Mr. Stupak).
  Mr. STUPAK. I thank the gentleman for yielding.
  Mr. Speaker, I rise in support of the Stupak-Reichert resolution, 
House Resolution 623. This resolution commemorates the 26th Annual 
National Night Out event, which is sponsored by the National 
Association of Town Watch.
  I would like to thank my Law Enforcement Caucus cochair, Congressman 
Dave Reichert, for introducing this resolution with me.
  National Night Out, an annual nationwide grassroots crime prevention 
event, took place on Tuesday, August 4, and will actually take place in 
Texas on October 6, 2009. I appreciate the work of the Judiciary 
Committee and Chairman Conyers and Chairman Scott in placing this 
resolution on the House calendar.
  However, I must admit I am disappointed in the partisan, 
obstructionist tactics that precluded the recognition of National Night 
Out in a timely fashion in July. I am disappointed that this truly 
bipartisan resolution, that has been introduced year after year and 
passed by this House urging citizens to take back their streets from 
criminals, is hijacked by partisan politics. Now, a month later, we 
have to talk about this year's event in the past tense.
  This year's event did bring together citizens, law enforcement 
agencies and civic groups throughout the United States. As Chairman 
Scott said, about 15,000 communities participated to heighten crime and 
drug prevention awareness and to strengthen neighborhood spirit and 
police-community partnerships.
  National Night Out is the largest, most cost-effective crime 
prevention campaign. Whether it is stopping illegal drug sales, making 
schools safer, locating missing children or remaining vigilant against 
terrorism, local law enforcement officials depend on the support of 
community networks to succeed.
  This high profile, high impact National Night Out sends a message to 
criminals, letting them know that neighborhoods are organized and 
fighting back. The active involvement of citizens and the presence of 
law enforcement in our communities is a winning combination that makes 
and keeps neighborhoods safe.
  The Stupak-Reichert resolution expresses Congress' support for 
community crime prevention and asks that the President focus Federal 
attention on this issue. I urge all our Members to support this 
resolution.
  Mr. POE of Texas. I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as she may 
consume to the gentlelady from Ohio, a strong supporter of law 
enforcement, Ms. Sutton.
  Ms. SUTTON. I thank the gentleman for the time and for his leadership 
on this very important issue.
  I rise today, Mr. Speaker, in strong support of H. Res. 623, and I 
commend Representative Stupak for bringing this great resolution to the 
floor.
  National Night Out is an innovative and unique crime fighting tool, 
and the administration's support for this effort is critically 
important. This resolution sends a strong message to criminals, letting 
them know that neighborhoods are organized and are fighting back.
  It also sends a strong message to volunteers and neighbors and block 
leaders that their hard work is not going unnoticed by this Congress 
and this administration. When people volunteer in their community, they 
are telling the world that their neighborhood matters, that their 
neighborhood is important, and that it has value. And we hear them, Mr. 
Speaker.
  In these difficult times, volunteering is critical to supporting both 
our neighbors and our communities. While neighborhood watch groups work 
tirelessly every night throughout this country, a special night of the 
year is reserved to celebrate National Night Out.
  And on the first Tuesday of every August, nearly 37 million Americans 
gather together to participate in National Night Out, walking door to 
door, handing out important safety information, greeting old neighbors 
and meeting some new people on their block. It takes a community to 
keep a neighborhood safe, and on August 4 people across America helped 
keep their neighborhoods just that much safer.
  This August 4, I had the honor to participate in the 26th Annual 
National Night Out in Akron. It was a great experience, and I hope to 
participate again next year, along with millions of my fellow crime 
fighting Americans.
  I commend the gentleman again for bringing the resolution to the 
floor.
  Mr. POE of Texas. We have no other speakers, Mr. Speaker.
  I will close by saying that this is a bipartisan piece of 
legislation. This body here contains many former law enforcement 
officers, peace officers, sheriffs, prosecutors, former judges, and 
victims of crime as well. Crime knows no boundaries in this country, 
and it affects all of us. This legislation is a stand for the 
volunteers who support National Night Out and the good work that they 
do.
  I strongly urge the adoption of this resolution.
  Mr. REICHERT. Mr. Speaker, I rise today in support of H. Res. 623, 
which requests that

[[Page 21249]]

the President focus appropriate attention on neighborhood crime 
prevention and coordinate Federal efforts to participate in National 
Night Out.
  Today our suburban communities and neighborhoods throughout the 
nation are under attack. When our children are no longer free to play 
outside after school and families no longer feel safe in their suburban 
communities because gangs, and all the violence and drugs they bring 
with them, have spread to their communities; and when children are no 
longer safe in their own homes because thousands of sex offenders are 
online just waiting for their next prey; when the ``bad guy'' has no 
face and there are no boundaries thanks to the Internet--our very 
freedom itself is threatened.
  National Night Out is an extraordinary opportunity for citizens, law 
enforcement, businesses, and local officials to come together to raise 
awareness about these threats and fight crime where we live. Last year, 
over 37 million people participated in National Night Out.
  As a former Sheriff, I know how important it is to foster 
relationships between the community, law enforcement and local 
businesses and organizations. By coming together we really can create 
safer places for our children to grow and thrive.
  I urge all my colleagues to support H. Res. 623 and community 
policing efforts throughout their communities.
  Mr. POE of Texas. I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentleman from 
Michigan for his introduction of the resolution and urge support of the 
resolution.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and agree to the resolution, H. Res. 623.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




 RECOGNIZING SEPTEMBER 11 AS A NATIONAL DAY OF SERVICE AND REMEMBRANCE

  Mr. TOWNS. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 718) Recognizing September 11 as a ``National Day 
of Service and Remembrance''.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 718

       Whereas, on September 11, 2001, terrorists ruthlessly 
     attacked the United States leading to the tragic deaths and 
     injuries of thousands of innocent United States citizens and 
     other citizens from more than 90 different countries and 
     territories;
       Whereas in response to the attacks in New York City, 
     Washington, DC, and Shanksville, Pennsylvania, firefighters, 
     police officers, emergency medical technicians, physicians, 
     nurses, military personnel, and other first responders 
     immediately and without concern for their own well-being rose 
     to service, in a heroic attempt to protect the lives of those 
     still at risk, consequently saving thousands of men and 
     women;
       Whereas in the immediate aftermath of the attacks, 
     thousands of recovery workers including trades personnel, 
     iron workers, equipment operators, and many others, joined 
     with firemen, police officers, and military personnel to help 
     to search for and recover victims lost in the terrorist 
     attacks;
       Whereas in the days, weeks, and months following the 
     attacks, thousands of people in the United States and others 
     spontaneously volunteered to help support the rescue and 
     recovery efforts, braving both physical and emotional 
     hardship;
       Whereas many first responders, rescue and recovery workers, 
     and volunteers, as well as survivors of the 9/11 terrorist 
     attacks, continue to suffer from serious medical illnesses 
     and emotional distress related to the physical and mental 
     trauma of the 9/11 tragedy;
       Whereas hundreds of thousands of brave men and women 
     continue to serve every day, having answered the call to duty 
     as members of our nation's armed forces, with thousands 
     having given their lives, or been injured to defend our 
     nation's security and prevent future terrorist attacks;
       Whereas the entire nation witnessed and shared in the 
     tragedy of 9/11 and in the immediate aftermath of the 
     September 11 attacks became unified under a remarkable spirit 
     of service and compassion that inspired and helped heal the 
     nation;
       Whereas in the years immediately following the September 
     11, 2001, attacks, the U.S. Bureau of Labor Statistics 
     documented a marked increase in volunteerism among citizens 
     in the United States;
       Whereas families of 9/11 victims, survivors, first 
     responders, rescue and recovery workers, and volunteers 
     called for Congress to pass legislation to formally authorize 
     the establishment of September 11 as an annually recognized 
     ``National Day of Service and Remembrance'', and for the 
     President of the United States to proclaim the day as such;
       Whereas in 2004, Congress unanimously passed H. Con. Res. 
     473, expressing the sense of Congress that it is appropriate 
     to observe the anniversary of the September 11, 2001, attacks 
     with voluntary acts of service and compassion;
       Whereas hundreds of thousands of people in the United 
     States from all 50 States, as well as others who live in 170 
     different countries already observe the anniversary of the 
     September 11, 2001, attacks each year by personally engaging 
     in service, good deeds, and other charitable acts; and
       Whereas, on March 31, 2009, Congress passed the Edward M. 
     Kennedy Serve America Act, which included for the first time 
     authorization and Federal recognition of September 11 as a 
     ``National Day of Service and Remembrance'', a bill signed 
     into law on April 21, 2009, by President Barack Obama: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) calls upon all people in the United States to annually 
     observe a ``National Day of Service and Remembrance'', with 
     appropriate and personal expressions of reflection, including 
     performing good deeds, attending memorial and remembrance 
     services, and voluntarily engaging in community service or 
     other charitable activities of their own choosing in honor of 
     those who lost their lives or were injured in the September 
     11, 2001, attacks, in tribute to those who rose to come to 
     the aid of those in need, and in defense of our Nation; and
       (2) urges all people in the United States to continue to 
     live their lives throughout the year with the same spirit of 
     unity, service, and compassion that was exhibited throughout 
     the Nation following the September 11, 2001, terrorist 
     attacks.

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


                             General Leave

  Mr. TOWNS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TOWNS. I yield myself such time as I may consume.
  As we take time today to remember the tragic events of September 11, 
2001, let us also remember the great compassion that Americans showed 
each other following the attacks. They donated blood, searched through 
wreckage, and sat to comfort one another. The service of volunteers 
helped our country through their time of crisis, as it has so often 
during our history.
  It is in their spirit that we observe the anniversary of the attacks 
by not only remembering those lost and injured on September 11, 2001, 
but by serving our fellow Americans in their honor. This is the proper 
tribute to those who served those in need on that day.
  I am proud that we are taking time today to recognize these heroic 
volunteers. I would like to thank the leadership for allowing us to 
bring this bill to the floor today.

                              {time}  1245

  I would also like to thank the ranking member of the Committee on 
Oversight and Government Reform, Mr. Issa of California, for his 
support of the bill. I urge my colleagues to join us in supporting it.
  Mr. Speaker, I reserve the balance of my time.
  The SPEAKER pro tempore. Without objection, the gentleman from 
California (Mr. Bilbray) will control 20 minutes.
  There was no objection.
  Mr. BILBRAY. Mr. Speaker, I yield myself such time as I may consume.
  The resolution before us is a commitment to reaffirm a sense of 
urgency, of reminding all of us of the crisis that occurred not so long 
ago in the crumbling towers in New York and the crisis at the Pentagon 
and in Pennsylvania. I appreciate the chairman bringing this

[[Page 21250]]

item before us, and as a representative of the minority on the 
committee, I want to strongly urge its support.
  I appreciate the fact that the gentleman has worked in a bipartisan 
fashion. I think this is one committee where the chairman and ranking 
member have proven that Washington, especially the House of 
Representatives, can work in a cooperative manner, and I think if there 
is any place the American people not only expect but demand that we 
find that bipartisan ground, I think we have found it in this 
resolution and on this issue.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TOWNS. Mr. Speaker, I yield 3 minutes to the gentleman from New 
York (Mr. Engel).
  Mr. ENGEL. Mr. Speaker, I thank the chairman and my good friend from 
New York for yielding to me.
  Mr. Speaker, September 11 will always have a special meaning in our 
hearts and in our lives. I guess the previous generation, when you said 
December 7, Pearl Harbor Day, that was something that stuck in their 
minds. But, for us, September 11 is a date that will live, as President 
Roosevelt said, in infamy.
  September 11 showed us the worst in people, the terrorists that 
killed approximately 2,000 people in New York and at the Pentagon and 
in Pennsylvania, but it also showed the best in people, New Yorkers and 
others who came to try to save people, certainly at the World Trade 
Center.
  Every week when I go back to New York, I look at the skyline of New 
York and something is missing. It always feels, to me, empty. It always 
feels wrong. Of course, the Twin Towers of the World Trade Center are 
missing. But as much as I have pain in my heart for the missing towers, 
it is nothing like the pain in my heart and the grief I have for the 
thousands of people that were killed and for their families.
  I was very proud to be a New Yorker that day. I said it on the floor 
of this House soon afterwards 8 years ago. I am still very, very proud 
to be a New Yorker.
  But there is still much more work to be done. We have been fighting 
for years for a health care bill that would enable first responders and 
good Samaritans who came to the World Trade Center day in and day out, 
digging sometimes with their bare hands to try to find victims and who 
very often did find victims, and now who are suffering from irreparable 
injuries to their lungs and to their health. We need a bill, and the 
New York delegation has been fighting for a bill that will take care of 
these people who, by the way, came from all 50 States, and we need to 
do that. This Congress needs to do that.
  But also, as Mr. Towns said, we need to remember those people, the 
people who perished and the thousands of people who came to the aid of 
and to help the victims, to save their lives, to escort them to safety, 
to come and try to find people in the rubble. That again showed the 
best of humanity, the best of Americans, the best of New Yorkers, the 
best of what this country has to offer.
  Again, Mr. Speaker, September 11 will obviously never be the same and 
will hold a special meaning. I generally have not attended meetings or 
any kind of things on that day in the 8 years because it is, for me, a 
day of reflection, but I am very, very proud that this Congress is 
taking up this resolution, and I urge my colleagues to support it.
  Mr. BILBRAY. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from New York (Mr. King), the ranking member on the Committee 
on Homeland Security.
  Mr. KING of New York. Mr. Speaker, I thank the gentleman for 
yielding.
  I want to commend Chairman Towns and Ranking Member Issa for bringing 
this bill to the floor. I want to thank Congresswoman Matsui for the 
tremendous work that she has done in leading the way on this 
legislation. I am proud to be a cosponsor of the legislation.
  Mr. Speaker, I listened carefully to my good friend from New York, 
Mr. Engel, and he really articulated the way all New Yorkers feel. 
September 11 will be a day that none of us will ever forget. It is a 
day that will just be embedded into us because of the terrible horror, 
the tragedy, all that occurred on that day, but also because of the 
tremendous valor, the tremendous dedication, and the tremendous sense 
of courage which was also demonstrated on that day.
  I lost probably 150 constituents, friends, neighbors that day, and 
that is just all throughout downstate New York. Almost every Member of 
Congress can say the same thing about the large numbers of deaths in 
their districts and their friends, their neighbors who were murdered 
that day.
  So it is really important, as we go forward, that September 11 never 
just be a day, never just be a holiday, never just be a day where maybe 
some people get off and some don't or a day that you use to go 
shopping. It should be a day where we find a way to remind ourselves of 
the sacrifice of that day, of the police officers and the firefighters 
and the EMTs and construction workers who actually ran into the burning 
towers and suffered those incalculable deaths, 343 firefighters, 60 
police officers, a number of EMTs, a number of construction workers, 
all of whom were killed rescuing people that day.
  Mr. Speaker, just as a historical note, this legislation initiated 
from an organization called MyGoodDeed, and this organization, one of 
the founders was Jay Winuk. His brother Glenn was a constituent of 
mine.
  Glenn was actually working in Lower Manhattan that day as a lawyer, 
but he was also a volunteer firefighter. After he evacuated his own 
building, he ran into the World Trade Center and was killed. Just this 
past week, he was finally awarded the 9/11 Medal of Valor. But the 
Winuk family, in honor of Glenn, who really personified September 11 in 
that he was one of both a civilian and a firefighter, who in both 
capacities performed so brilliantly that day, his family was the 
starter of this organization, which was the genesis of this 
legislation.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. BILBRAY. I yield the gentleman an additional 2 minutes.
  Mr. KING of New York. Mr. Speaker, also, for instance, tomorrow, 
throughout my district, there will be various types of services being 
carried out. For instance, in my own office, we have a blood drive 
which is run by my assistant, Patricia Gartland, who will have people 
lined up from morning to night giving blood in honor of those killed on 
September 11.
  In my own school district, the Seaford School District, there will be 
a large commemoration, and the coordinator, Ken Haskell, is a 
firefighter who lost two brothers on September 11. He is coordinating 
an effort where the students will show the good works that they did in 
honor of those who died on September 11.
  So, Mr. Speaker, this is a day which, again, as tragic as it was, as 
horrible as it was, it is also a day from which tremendous good came 
from that. So let's go forward. Let's adopt this legislation in the 
spirit of what happened on September 11, both in memory of those who 
were murdered and in honor of those who gave their lives, and in honor 
of those who in the days afterwards, as Congressman Engel said, not 
just from New York but from all over the country, came to Lower 
Manhattan, came to the World Trade Center, came to the Pentagon, went 
to Pennsylvania to try to do what they could to help those and to take 
part in the rescue operation and recovery operation and really showed 
the unity of the Nation, maybe as never before.
  With that, again, I thank the chairman, I thank the ranking member, I 
certainly thank Congresswoman Matsui, and I urge the adoption of the 
resolution.
  Mr. TOWNS. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
California (Ms. Matsui), who really is responsible for us being here 
today. I want to thank her for her insight and, of course, making it 
possible for us to recognize people who really contributed so much on 
September 11.
  Ms. MATSUI. Thank you very much, Mr. Chairman.
  Mr. Speaker, I rise today in support of House Resolution 718, which 
recognizes September 11 as a National Day

[[Page 21251]]

of Service and Remembrance. On April 21 of this year, with Senator Ted 
Kennedy standing by his side, President Obama signed into law the 
Edward M. Kennedy Serve America Act. This landmark legislation makes 
historical investments in both national and community service programs 
and helps to facilitate the extraordinary interest in volunteerism we 
are seeing throughout the country and in my hometown of Sacramento 
certainly, too.
  The Serve America Act also designates September 11 of every year as a 
National Day of Service and Remembrance. This year, and with this 
resolution, we are recognizing the observance of the first-ever 
federally recognized National Day of Service and Remembrance.
  This bipartisan resolution calls upon all Americans to engage in 
community service and contribute to local projects in their 
neighborhood on September 11 in tribute to those who selflessly served 
their communities during the attacks on that day, as was mentioned by 
our New Yorkers here and people throughout the country.
  On that day and the days following, first responders, rescue and 
recovery workers and perfect strangers came together to help those in 
need. Their sense of patriotism and service truly made our Nation 
great. This year we will honor them not only by remembering their 
heroism, but by recommitting ourselves to bettering our communities and 
our country.
  This Friday, we will join with Americans across the country and give 
back to our communities by volunteering to build houses, participate in 
literacy programs, lead neighborhood cleanups, collect food and 
clothing for the coming winter, and really much, much more. As a 
result, extraordinary things will be happening all through this 
country. The service events taking place will help address some of our 
Nation's toughest problems, from poverty and unmet education needs to 
preparing for natural disasters.
  As co-Chair of the National Service Caucus, it is a pleasure to call 
attention to the tremendous work of volunteers participating in the 
first-ever National Day of Service and Remembrance and to partner with 
my colleague Peter King of New York on this legislation.
  I also want to thank MyGoodDeed.org, the Corporation for National and 
Community Service, and the families of 9/11 who helped make this a 
reality and for promoting volunteerism and service in every corner of 
our county.
  I am really proud that this body has come together and has been a 
leader in recognizing the importance of volunteerism and community 
service. Please join me in honoring this spirit of service by voting in 
support of this resolution.
  Mr. BILBRAY. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Dreier).
  Mr. DREIER. Mr. Speaker, I thank my friend for yielding.
  I have to say that I am rather struck as I listened to my California 
colleagues, Ms. Matsui and Mr. Bilbray. We have had three New Yorkers 
and now three Californians who have stood here to recognize the 
significance of what, unfortunately, is one of the most tragic days in 
the 220-year history of the United States of America.
  All of the remarks have been extraordinarily thoughtful. They have 
focused on why it is that we are here, and it is to remember those 
thousands of lives that were lost. But, as was said by Mr. Engel, Mr. 
Towns and Mr. King as well, and Ms. Matsui and, I know, Mr. Bilbray, 
the good that has come from one of the most tragic days in our Nation's 
history is that we saw a solidarity, the likes of which we have not 
seen in a long period of time, and we saw so many great things done by 
courageous people.

                              {time}  1300

  Now, we've heard about the New Yorkers, and no one sacrificed more 
than New Yorkers as we, for literally months, watched the cleanup take 
place at the World Trade Center. But I'm reminded of the Rancho 
Cucamonga Fire Department in Southern California. It was so moved they 
came together and provided a fire truck to the New York City Police 
Department. And when we've had three New Yorkers and three 
Californians, I know that we speak for everyone across this country 
when we underscore how important it is to recognize this, one of the 
most tragic days in our Nation's history.
  Now, there are other things that have come from this. And as I look 
at my friend, Mr. King, I'm reminded that he is the former chairman, 
now the ranking member, of the Committee on Homeland Security that was 
established in the aftermath of September 11. And as we sit here, 
prepared to mark the eighth anniversary, I think it's important to note 
that another good thing has emerged.
  That good thing is the fact that while most predicted that within a 
matter of months, and certainly years, we would have another terrorist 
attack on U.S. soil, it's due to the work of Peter King and lots of 
other people in this institution, in the executive branch and around 
the country that have ensured that we have not to this point, and we 
hope and pray that this vigilance will continue and that we will never 
have an attack like we saw on September 11 of 2001.
  And we also need to use this resolution, Mr. Speaker, to remind 
ourselves that we still live in a very, very dangerous world. There are 
people who would like to do us in. We know that. We find it out on a 
daily basis, and we see it in tragic terrorist attacks that take place 
in other parts of the globe.
  And so I join, Mr. Speaker, with my colleagues in strong support of 
the effort that Ms. Matsui and Mr. King and others have put together on 
this resolution in hopes that this will be a learning experience, just, 
as Mr. Engel mentioned, as December 7, 1941, was a date for past 
generations. We all remember the history of December 7, 1941; and, 
similarly, we hope that this resolution will ensure that future 
generations will never forget what happened on September 11, 2001.
  Mr. TOWNS. Mr. Speaker, I would like to join my colleagues in saying 
that this was a day that I will never, never forget as I stood and I 
watched the second plane hit, and then I realized that this was a day 
that we would never, never forget. I also want to recognize those 
firefighters and those police officers and people who came from all 
over the Nation to help us at that time, and I mean New Yorkers. And of 
course, that's something that we cannot forget. People just packed up, 
came to help us clean up. And I've never seen people work together the 
way they worked during the crisis of September the 11.
  So I think it's only fitting that we stop and we recognize the great 
work of those volunteers. And I want to thank Congresswoman Matsui, I 
want to thank Congressman Peter King for sponsoring this resolution.
  I remember on that day a gentleman by the name of Al Walden, who 
worked here in the Congress, served in the Congress with us, who was a 
judge, and his office was in the building that caught on fire, the 
first building. And I recall standing out there talking to him as we 
were looking at the problem and the smoke coming from the building. And 
then as we heard the fire trucks and the volunteers running to help 
each other, and, of course, that's a day that I will never, never 
forget. I remember getting a call indicating that Fireman Glascoe, who 
was a very, very dear friend, was in the building, and that Officer 
Venable, I mean, I just can go down the list, calling the roll of all 
these people that lost their lives on that day.
  But I can't help from thinking about the togetherness that came from 
this and how people said, let's do everything we can to assist the 
people in New York. So I want to thank people from all over this land 
for doing that.
  I have no other speakers, and I reserve my time.
  Mr. BILBRAY. Mr. Speaker, I appreciate the chairman's words. And let 
me just say, December 7, 1941, was brought up earlier, and my father's 
birthday actually was December 7 and he was actually stationed at Pearl 
Harbor in

[[Page 21252]]

1941. And I think the big slogan we've always heard about December 7 
is, never again shall we be not prepared to avoid this. I guess the 
goal that we need to say in remembrance is, never again with 9/11.
  How many of us around this country, especially if you asked those in 
New York, how many thought that flight schools in Florida or California 
were going to affect their lives? Most New Yorkers would probably say, 
it doesn't affect me. I guess how many people around this country would 
think that if Virginia gave driver's licenses to people who were not 
legally in the country, did it really matter? And they would think, no 
it probably doesn't matter in my life. I think 9/11 has proven that 
what happens anywhere in the United States may have a major impact at 
corners across this country.
  I'd have to say that we do talk about what happened at New York. We 
can identify where the Pentagon was hit. And, sadly, I don't think most 
of us could point out where in the field in Pennsylvania the heroes of 
that flight perished. In that field, somewhere in Pennsylvania, there 
were the heroes who chose to stop an act of terrorism dead in its 
tracks. And I think every Member of Congress, when we do a tour of the 
Capitol, we walk into the Capitol, every Member of Congress should 
remember those heroes who perished in that field in Pennsylvania 
because, Mr. Speaker, we stand here today and we have the privilege of 
showing our constituents this structure to representative government, 
the Capitol.
  We stand today probably because these heroes were willing to give it 
all to protect the Capitol of the United States. As far as I know, this 
was, we were the next one in line. And so, as we stand here today and 
recognizing the sacrifice, the heroism and the loss of 
9/11, I think that we should remember every day that a Member of 
Congress or the President has the privilege of serving the public in 
this building, in this temple of representative government, that we 
ought to thank those heroes for preserving for us the right to be able 
to represent them here in this structure because without that heroism, 
not only would the structure not be here, but there's many of us that 
will vote on this resolution today who may not be here today if it 
wasn't for their heroism.
  So I ask that we support this resolution. I ask that we remember what 
it's about and we remember that the only way to make sure it doesn't 
happen again is to take the time to do the right things, learn from the 
mistakes of 9/11 and make sure we don't forget the mistakes of 9/11 so 
that we never repeat the tragedy of 9/11. s
  Mr. TOWNS. Mr. Speaker, how much time do I have?
  The SPEAKER pro tempore. The gentleman has 10 minutes.
  Mr. TOWNS. Let me just make the statement, then I will be prepared to 
yield back. Again, I want to thank the gentleman from California. I 
want to thank Peter King. I want to thank Congresswoman Matsui; I want 
to thank my colleague, of course, Congressman Engel, for his 
participation. And again I would like to urge my colleagues to join me 
in recognizing September 11 as an ideal opportunity for giving back to 
our Nation through service.
  Mr. EHLERS. Mr. Speaker, I rise in support of House Resolution 718, 
which recognizes September 11 as a ``National Day of Service and 
Remembrance.''
  I am honored to cosponsor this resolution, and I thank 
Representatives Doris Matsui and Peter King for their work on it.
  The horrific events of September 11, 2001 made a permanent mark on 
our Nation's history and the lives of thousands of American families.
  In recognition of this, Congress passed the Edward M. Kennedy Serve 
America Act, which included for the first time authorization and 
Federal recognition of September 11 as a ``National Day of Service and 
Remembrance.''
  As a co-chair of the National Service Caucus, I believe that it is 
very fitting that Americans be encouraged to voluntarily engage in 
community service or other charitable activities of their own choosing 
in honor of those who lost their lives or were injured in the September 
11, 2001 attacks.
  Charitable activities have a positive and immediate impact in our 
communities and often make a notable difference in the lives of the 
people whom they benefit. Recently, I had the opportunity to serve in 
my community by reading books to children at the local public library 
and through the Reach Out and Read program. I encourage other Members 
of Congress and staff to set an example by voluntary service in their 
communities.
  I encourage all Members to support this important resolution.
  Mr. VAN HOLLEN. Mr. Speaker, I join my colleagues today to honor the 
memory and sacrifice of almost 3,000 innocent men and women who lost 
their lives 8 years ago in the worst act of terrorism this country has 
ever endured.
  Terrorism anywhere is a threat to life, freedom and democratic values 
everywhere. The tragedy of September 11th was not just a tragedy for 
Americans, it will forever remain a global reminder that there are 
people who will stop at nothing and cross any border to spread hate and 
visit violence upon the innocent.
  The President has expressed his determination to face the cancer of 
global terrorism with renewed purpose and to defeat it at its source. 
He has made this commitment not only to safeguard lives, but also to 
honor the commitment of the dedicated men and women in uniform serving 
in harm's way, here at home, and around the world.
  September 11th is a day to remember those who lost their lives and to 
express our solidarity with the families they left behind. It is a day 
to honor the heroic public servants who help keep us safe here and 
abroad and a day for Americans to express their gratitude for their 
sacrifice.
  September 11th is also a day of acknowledgment of the dangerous world 
we live in today and of the difficult task that still lies ahead.
  Mr. RAHALL. Mr. Speaker, I rise today to recognize the first-ever 
federally-designated National Day of Service and Remembrance for 
September 11, 2001.
  Yesterday, as I stood in Statuary Hall with members of Congress and 
President Obama in the Ceremony of Remembrance for the more than 2,000 
people who lost their lives as a result of this act of terror, I was 
overwhelmed by a sense of sadness, but also a sense of pride. Although 
the world was irrevocably changed by these senseless acts of violence, 
tomorrow as Americans we have decided to honor those who died not with 
anger and violence, but by serving others through the Edward M. Kennedy 
Serve America Act--which was supported by the 9/11 families--and 
designates each September 11 as a National Day of Service and 
Remembrance.
  The Edward M. Kennedy Serve America Act of 2009 is bipartisan, 
landmark legislation that will triple volunteer opportunities across 
the country and create a new service corps for education, health care, 
energy, and veterans. It is through this bill that the United We Serve 
initiative was born to encourage Americans to give back to their 
communities through continuous community service.
  September 11th is a somber day, but the service work inspired by this 
legislation has and will continue to celebrate West Virginia and our 
great Nation, a country that has not and will not sink to a level of 
hatred and violence. Instead, our nation will face forward and choose 
to make a positive impact by donating our time to better our 
communities and our fellow citizens while truly honoring the victims 
who died eight years ago.
  On September 11, 2001 two hijacked passenger planes were flown into 
each tower of the World Trade Center, while a third plane was flown 
into the Pentagon. The fourth and final hijacked plane crashed into a 
field in Pennsylvania after the heroic efforts of passengers to take 
back control of the plane. These events had a profound impact across 
southern West Virginia. Not only because of the monumental damage and 
loss of life caused by the attack, but also because one of our own, Dr. 
Paul Ambrose, a Cabell County native and Marshall University School of 
Medicine graduate, died in the terrorist attack on the Pentagon.
  In West Virginia we truly do know our neighbors and the death of this 
West Virginian deeply affected our community. However, each year we 
gather in his honor to celebrate the great things about our state and 
its people. This year Fit Fest '09 will be held to honor Dr. Paul 
Ambrose, and will feature fitness activities including kids' races, and 
a 5k walk/run.
  Other activities to honor the victims of the 
9/11 attacks include a Day of Service, sponsored by the Rahall 
Transportation Institute, in cooperation with the Citizens 
Conservations Corps and the Greater Huntington Park and Recreation 
District at St. Clouds Commons, which will help bring attention to the 
Paul Ambrose Trail for Health, as Dr. Ambrose was

[[Page 21253]]

passionate about improving the health of his community and the Nation.
  Today, I commend the incredible bravery and patriotism of the 
families and friends of the victims of 9/11, who have been working for 
years to make September 11th a national day of both remembrance and 
service. Their unending contributions to honor their loved ones' 
memories and unfulfilled promises continue to enhance the lives of 
others. I also want to recognize Dr. Ken and Sharon Ambrose, whose 
constant vigil has enriched their son's legacy and the livelihoods of 
countless West Virginians.
  This day is truly a tribute to the loved ones that we all have lost 
and the spirit of freedom that this great Nation holds so close to its 
heart.
  Mr. TOWNS. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Towns) that the House suspend the rules 
and agree to the resolution, H. Res. 718.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




 HONORING THE FIRST RESPONDERS AND VICTIMS OF THE CALIFORNIA WILDFIRES

  Mr. TOWNS. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 724) honoring the first responders, paying tribute 
to the victims of the Southern California wildfires, and mourning the 
loss of Firefighter Captain Tedmund ``Ted'' Hall, and Firefighter 
Specialist Arnaldo ``Arnie'' Quinones.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 724

       Whereas beginning in August 2009, California has 
     experienced a number of devastating wildfires which have 
     burned hundreds of thousands of acres of public and private 
     lands, destroyed and damaged structures and homes, and forced 
     the evacuation of thousands of homes and businesses;
       Whereas high temperatures and erratic winds caused the 
     multiple fires to rapidly progress to a point that the 
     Governor of California proclaimed a state of emergency in the 
     counties of Los Angeles, San Bernardino, Santa Cruz, 
     Monterey, Placer, and Mariposa;
       Whereas loss of life and serious injuries have resulted 
     from the fires;
       Whereas beginning on August 26, 2009, the Station Fire, 
     ignited by arson, has burned more than 160,000 acres of 
     public lands and private property in Los Angeles County and 
     the Angeles National Forest, including over 200 structures 
     and homes;
       Whereas the Station Fire is one of the largest in modern 
     California history and the largest wildfire in the modern 
     history of Los Angeles County;
       Whereas as of September 9, 2009, the Station Fire continues 
     to threaten 7,000 structures in the Angeles National Forest 
     and nearby communities like Altadena, La Canada Flintridge, 
     Acton, Glendale, La Crescenta, Pasadena, Littlerock, Sunland, 
     Sierra Madre, and Tujunga;
       Whereas more than 8,000 fire personnel, 800 fire engines, 
     approximately 40 helicopters, 13 fixed-winged aircraft, and 
     88 water tenders have been deployed statewide to assist with 
     firefighting efforts;
       Whereas the extraordinary effort made by firefighters 
     throughout the region contributed to the preservation of the 
     historic Mount Wilson Observatory, a national landmark for 
     astronomical research;
       Whereas on August 30, 2009, the lives of two firefighters 
     with the County of Los Angeles Fire Department were lost 
     while battling the Station Fire: Fire Captain Tedmund ``Ted'' 
     Hall, 47, and Firefighter Specialist Arnaldo ``Arnie'' 
     Quinones, 34;
       Whereas Fire Captain Tedmund Hall, of San Bernardino 
     County, was a 26-year veteran of the fire service, and is 
     survived by his wife, two sons, and his parents;
       Whereas Firefighter Specialist Arnaldo Quinones, of 
     Palmdale, was an 8-year veteran of the fire service and soon-
     to-be father and is survived by his wife and his mother;
       Whereas more than 10 firefighters were injured as they put 
     their lives on the line to respond to wildfires in 
     California;
       Whereas it is clear that the continued commitment and 
     heroism exhibited by firefighters have saved countless lives, 
     homes, and businesses;
       Whereas additional emergency personnel, such as law 
     enforcement and medical personnel, have coordinated with 
     local authorities and firefighters and have performed beyond 
     the call of duty in the preservation and protection of human 
     lives; and
       Whereas hundreds of volunteers gave their time to help 
     ensure that evacuees are sheltered, clothed, fed, and 
     emotionally comforted through this traumatic event: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) offers its deepest sympathy to the families of those 
     servicemen who lost their lives fighting the Station Fire in 
     Southern California;
       (2) commends the thousands of firefighters and emergency 
     responders who continue to risk their lives fighting the 
     wildfires throughout California;
       (3) expresses condolences to the individuals and families 
     who lost their homes and other property in the wildfires;
       (4) extends its appreciation for the ongoing work to 
     protect the communities and businesses that continue to be 
     threatened by fire; and
       (5) condemns the acts of arson perpetrated in igniting the 
     Los Angeles County Station Fire.

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


                             General Leave

  Mr. TOWNS. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TOWNS. I now recognize the gentleman from California (Mr. Schiff) 
for 5 minutes.
  Mr. SCHIFF. At the outset, Mr. Speaker, I want to thank the chairman 
for moving this resolution so expeditiously and in time for a memorial 
service that will be conducted at Dodger Stadium this Saturday. I rise 
today to speak in support of legislation I've introduced with my 
colleague, David Dreier, my neighbor in California, honoring the first 
responders to the recent California wildfires, paying tribute to all 
those who helped during this crisis, and mourning the loss of 
Firefighter Captain Tedmund ``Ted'' Hall and Firefighter Specialist 
Arnaldo ``Arnie'' Quinones who died while bravely fighting the Station 
fire. These courageous men made the ultimate sacrifice for their family 
and friends and greater community, deserve our recognition and have 
earned our undying gratitude.
  It is, I suppose, fitting, Mr. Speaker, that we take up this 
resolution following the September 11 resolution. When we think of 
September 11, in addition to the terrible tragedy and the loss of so 
many innocent lives, we think of the bravery of the emergency 
responders who, while others were rushing out of those collapsing 
building, they were rushing in.
  Similarly, in California, 3,000 miles away from the site of that 
terrible tragedy, we, once again see firefighters rushing in while 
others are rushing out. And none could exemplify this courage and this 
call to service more than Specialist Quinones and Captain Hall. Our 
thoughts today go out to the families of these brave men. And with this 
resolution we seek to honor their lives and also highlight the 
contributions of thousands of other personnel who helped fight these 
massive wild fires which have burned hundreds of thousands of acres of 
public and private lands, destroyed and damaged structures and homes 
and forced the evacuation of thousands of families.
  The weather conditions in California have been mixed. At times the 
weather has been still; the wind has been still. But that has caused 
smoke to accumulate and hampered emergency aircraft. At other times the 
winds have fanned the flames and started new fires. Low humidity has 
also, and high ambient temperatures have, contributed to the heat of 
the blaze, to the point where the Governor of California proclaimed a 
state of emergency in several counties in Los Angeles, San Bernardino, 
Santa Cruz, Placer, Monterey and Mariposa.
  The Station fire, ignited by arson, began on August 26 and burned 
more than 160,000 acres of public lands and

[[Page 21254]]

private property in L.A. County and the Angeles National Forest where 
it continues to burn, including over 200 structures and homes. It is 
currently one of the largest fires in modern California history, and 
the largest wild fire in the history of Los Angeles County, as far as 
we can tell.
  The Station fire continues to threaten 7,000 structures in the 
national forest and nearby communities like Altadena, Acton, Glendale, 
La Canada Flintridge, La Crescenta, Pasadena, Littlerock, Sunland, 
Sierra Madre, and Tujunga. More than 8,000 fire personnel, 800 fire 
engines and approximately 40 helicopters, 13 fixed-wing aircraft and 88 
water tenders have been deployed statewide to assist with firefighting 
efforts.
  The continuing commitment and heroism exhibited by fire fighters have 
saved countless lives, homes and businesses. We also recognize the 
additional emergency personnel such as law enforcement and medical 
personnel who have coordinated with local authorities and fire fighters 
and performed beyond the call of duty in the preservation and 
protection of human lives.
  We also recognize hundreds of volunteers who gave their time to help 
ensure that evacuees are sheltered, clothed, fed and comforted during 
this traumatic event. I can recall visiting some of the shelters in La 
Crescenta and La Canada, meeting with volunteers for the Red Cross. 
One, Kim Lardia, who's a Glendale police officer, worked a full day in 
uniform as a police officer, then came out in the evening to volunteer 
at the shelter to make sure that people had a place to sleep. It's 
people like this, bravely serving the community that are such an 
inspiration to us and give us confidence that we will finally get this 
fire put out.
  So I want to join with my colleague again, David Dreier. We had the 
chance to visit the command center and speak with the fire chief and 
the incident commander, see the incredible coordination of Federal, 
State and local resources, had the chance to see not only acres and 
acres of burned forest land, but also homes that had been destroyed and 
devastated.
  And we wanted to introduce this resolution today to acknowledge all 
the superb people who have come together to fight these fires and to 
pledge our commitment to make sure that the Federal Government 
continues to be a good partner. And once again, I urge support for this 
resolution.

                              {time}  1315

  Mr. BILBRAY. Mr. Speaker, I would like to yield as much time as he 
may consume to my colleague from California (Mr. Dreier), the coauthor 
of this resolution.
  Mr. DREIER. I thank my friend for yielding.
  Mr. Speaker, let me begin by expressing appreciation to my friend, 
colleague and partner in dealing with this and with a wide range of 
issues that affect the Los Angeles area, Mr. Schiff.
  It is true that we are in the midst, Mr. Speaker, of what is the 
largest recorded fire in the history of Los Angeles County, and it has 
been a difficult time. It started in a little, tiny area above La 
Canada Flintridge. Immediately, we saw the wonderful local, county and 
State officials come together, as is so often the case, to deal with 
this tragedy. We also were able to see--and we continue to see at this 
moment, Mr. Speaker--one of the unique capabilities shown by 
California, because of the fact that we regularly deal with fire, that 
being the Unified Command.
  Under Captain Mike Dietrich, the incident commander, we have seen all 
of these firefighters--the 8,000, the number mentioned by my colleague 
Mr. Schiff--come from near and far to join together under this Unified 
Command to prosecute this fire, which, as of right now, has burned over 
160,000 acres.
  Now, to put this in context, the Angeles National Forest is made of 
650,000 acres, and it is the number one, most utilized national park in 
the United States of America. Why? Because of its proximity to the Los 
Angeles basin. In excess of 160,000 acres have burned at this point, 
and it's about 60 percent contained. It is hoped that full containment 
will take place around the 15th of this month, meaning sometime next 
week.
  So this is a problem with which we have dealt for a long period of 
time, and it is obviously one we will continue to face. We all know, 
Mr. Speaker, that fires are a national phenomenon, but when we see 
lives and property threatened, it is essential that we do everything 
that we can to put forward priority number one, and that is the 
protection first of life and then of property.
  As Mr. Schiff has said, we also know that we have tragically lost two 
courageous firefighters, and having just gone through the resolution 
dealing with September 11 and the loss of those firefighters, we are 
reminded again of the courage of these individuals.
  Just before getting onto the airplane at LAX yesterday, I had a 
lengthy conversation with Laurie Barrios, who is the sister of Captain 
Ted Hall. She talked about the sacrifice that their family has made.
  In fact, I should say, with Mr. Towns here, jokingly, she said, We're 
like a New York family.
  Her father had been a battalion chief. Her brothers and other 
relatives are firefighters in this California family. She quoted her 
brother, who said at a reunion that they had had just recently, I am 
not a hero. I am just an average guy, doing the job that I love.
  That, I believe, really is the vision and the goal that so many 
firefighters have. They're not selfish. They very much want to make 
sure that they can ensure the safety of people and property. The 
sacrifice. Mr. Schiff mentioned the Glendale officer who was in uniform 
at day and who volunteered at night. These people are so 
extraordinarily dedicated.
  So Captain Ted Hall was one of those tragically killed, working to 
save lives and property. Specialist Arnie Quinones is the other, and I 
know that he is a constituent of our colleague Mr. McKeon. Mr. Berman 
is here. I know that his area has been impacted, Mr. Sherman's as well, 
Mr. Lewis', Mr. Baca's. This has had an impact all over the southern 
California area; but the unique tragedy here in the case of Mr. 
Quinones is that his wife, Laurie, is expecting a child in 2 weeks. So, 
as we look at the two lives that have been lost, Specialist Quinones 
will have passed away before his child is born. It underscores the 
fragility of life and the importance of the work that these people have 
engaged in.
  Mr. Speaker, I would like to also share a little bit more of the 
conversation that I had with Captain Hall's sister. She referred to 
their family as having been firefighters for--I guess now--generations, 
and she talked about their respect and reverence for the environment. 
She said that her father would always say, when they were out hiking, 
to put the pinecone back exactly where it was because that is God's 
gift to us. She had, as had every member of their family, a wonderful 
reverence for the environment.
  Mr. Speaker, there is no way that I can stand here and articulate the 
emotion that Captain Hall's sister, Laurie Barrios, shared with me when 
she insisted that we pursue a balanced policy when it deals with the 
preservation of our environment. She went so far as to say that there 
are, obviously, steps that could have been taken that would have 
diminished the magnitude of this fire. Again, I can't speak as strongly 
as she, but I do believe that it is absolutely essential that we pursue 
that very, very balanced approach in dealing with fires.
  With 160,000 acres burning, one of the challenges has been, as Mr. 
Schiff said, what has happened to the air quality in the area. Well, I 
think that controlled burns and taking steps to ensure that fires do 
not spread are essential. The great team in Los Angeles County, led by 
Fire Chief P. Michael Freeman, and others in the State of California, 
in the County of Los Angeles, and in these great cities that we're 
privileged to represent make it very, very clear that we want to take 
those preemptive steps to ensure that, while we'll always face fires in 
the future, we can diminish the level of damage that we have seen in 
the past 10 days in southern California.

[[Page 21255]]

  So, Mr. Speaker, we recognize most importantly the loss of two 
heroes, Captain Ted Hall and Specialist Arnie Quinones. We at the same 
time recognize the continued sacrifice that at this moment is going on 
in southern California to do everything that they possibly can to get 
this fire under control. In the names of Arnie Quinones and Ted Hall, I 
hope very much that we will do everything that we can to ensure that 
all levels of government and individuals take steps to make sure that 
we don't have the kind of tragedy through which we're going at this 
moment.
  Mr. TOWNS. Mr. Speaker, I reserve the balance of my time.
  Mr. BILBRAY. Mr. Speaker, I would just like to close by saying I 
thank everyone for the cooperative effort here. Sadly, recently, we've 
talked a lot about heroes, and too often we mix up heroes and victims. 
I think we've got to remind ourselves that, when we talk about Ted Hall 
and Arnie Quinones, we're talking about true heroes. Victims are 
individuals who are at the wrong place at the wrong time and who have 
paid the ultimate price. Heroes are individuals who willfully put 
themselves in the wrong place at the wrong time and who pay the 
ultimate price. There is a huge difference between a hero and a victim.
  Today, with this resolution, we're not only recognizing the men and 
women who are out fighting the fires today, but we're recognizing the 
heroes--all of the individuals who are fighting fires and who are 
addressing this issue--in the persons of Messrs. Hall and Quinones, the 
heroes who chose to serve their community and to put themselves in 
harm's way as a service. With this resolution, we do them honor and 
respect, not only to the two individuals but to everyone who chooses to 
put themselves in harm's way to protect others.
  I yield back the balance of my time.
  Mr. TOWNS. Mr. Speaker, I would also like to associate myself with 
the remarks made by the gentleman from California by saying that, yes, 
they are truly real heroes. There is no question about it.
  Again, I would like to urge my colleagues to join me in paying 
tribute to the first responders who are fighting the California 
wildfires. I will tell you that that has been something that I have 
watched. Seeing people coming together around an issue is something for 
which we should all pause and say thank you.
  Ms. PELOSI. Mr. Speaker, I rise today to offer deep condolences to 
the victims of the recent California wildfires and the residents who 
have lost their homes and businesses; and to pay tribute to the brave 
firefighters and first responders still standing in harm's way.
  The wildfires broke out in the last week of August. Since then, more 
than 160,000 acres have burned. More than 160 structures--houses and 
businesses--have been destroyed; nearly 4,000 more remain in harm's 
way.
  At this stage, thousands of residents and families have been affected 
by the flames--forced into shelters; displaced; facing the horrifying 
prospect of a home burned to the ground or a workplace caught in the 
blaze.
  The prayers of every Member of Congress go out to every resident 
impacted by the fires.
  As the Nation has watched the rapid spread of the wildfires, no one 
deserves greater praise or gratitude than our firefighters on the front 
lines.
  These dedicated men and women stay through the night to get the job 
done. Their bravery is unparalleled, their heroism unmatched. Their 
efforts are the front line of defense against the fires, and their 
sacrifice is saving lives.
  Two of these firefighters paid the ultimate price for the safety of 
LA County's residents.
  Captain Tedmund ``Ted'' Hall and Specialist Arnaldo ``Arnie'' 
Quinones represent our nation's best values: service and sacrifice, an 
obligation to help others and a responsibility to protect your 
community.
  To ensure our firefighters have the resources they need to beat back 
the flames, Congress provided nearly $490 million in extra funding this 
year, boosting the federal government's commitment to helping the 
people standing in the line of fire each year.
  Congress will continue to watch closely the developments and spread 
of the wildfires across the State of California, and we will remain 
steadfast in our support for state and county emergency agencies in 
their efforts to protect local residents and rebuild in the days ahead.
  In the words of this resolution, the Congress ``condemns the acts of 
arson perpetrated in igniting the Los Angeles County Station Fire,'' 
and we extend our appreciation to the volunteers, law enforcement and 
medical personnel for helping evacuees, sheltering the displaced, and 
treating injuries in recent weeks.
  Mr. McKEON. Mr. Speaker, I rise today to both send my deepest 
condolences to the families of the two brave firefighters lost in the 
``Station Fire,'' which directly impacted my district, and to thank the 
thousands of fire and rescue personnel who have fought the largest 
blaze in Los Angeles County history.
  The tragic loss of Fire Captain Tedmund ``Ted'' Hall, 47, of San 
Bernardino County, and Firefighter Specialist Arnaldo ``Arnie'' 
Quinones, 35, of Palmdale, has hit our communities very hard. These 
brave men paid the ultimate price to protect lives and property of 
individuals they had never met before. This kind of heroism serves as a 
constant reminder of what it means to ``sacrifice.'' Each man and woman 
who dons a fireman's uniform does so knowing that there is always the 
possibility that they may not make it home to see their families. But 
in the face of this adversity, they still serve.
  Firefighter Specialist Quinones was a constituent of mine. He lived 
in Palmdale, California, with his wife Loressa. They are expecting 
their first child in the next few weeks. My heart goes out to his 
family. I know his spirit will live on and endure forever within their 
family.
  Fire Captain Ted Hall was a resident of Hesperia, California. He 
graduated from the Fire Academy in 1983 and served ever since. He was 
survived by his wife Katherine, and sons Randall, 21, and Steven, 20. 
My deepest condolences go out to his family as well.
  I was on the ground the past couple of weeks and witnessed, first 
hand, the bravery of the firefighters and rescue personnel during this 
fire. As I speak, firefighters have contained 61 percent of a fire that 
has, thus far, scorched 160,357 acres in the Angeles National forest. 
Firefighters have greatly limited the loss of property because of their 
valiant efforts to beat back the flames. The hot, dry conditions of 
southern California, coupled with swift winds make fighting these fires 
treacherous. Add in the geographic landscape that the firefighters must 
deal with and you can begin to understand the risk that every 
firefighter takes.
  For all of the work that I have witnessed and for all that none of us 
has seen, I thank you. Thank you for putting your lives in danger to 
protect those you don't know. Thank you for giving us all that comfort, 
knowing that you are there to help us in our time of need. And thank 
you to the families that must endure sleepless nights, wondering 
whether they will see their loved ones walk through the door one more 
time.
  Ms. HIRONO. Mr. Speaker, I rise today in support of H. Res. 724, a 
resolution that honors the first responders who are courageously 
fighting the California wildfires and that pays tribute to the victims 
who lost their lives.
  Hundreds of firefighters throughout the country have been working 
tirelessly in this effort, risking their lives to put out wildfires so 
that the lives of others can be protected. Included in this group of 
brave responders are 20 firefighters from the National Park Service in 
Hawaii, including William Akima, Jordan Barthold, Tessa Chieves, Andrew 
Christie, Christopher Derman, Raymond Eselu, Michael Ferguson, Brandon 
Figueroa, Sean Grossman, William Konanui, Elias Kuamoo, Michael Kyser, 
Paul Keliihoomalu, Jon Makaike, Nicholas Martin, Sky Mullins, Arnold 
Nakata, Dexter Pacheco, Jr., Russell Rosario, and Lowe Thomas, who have 
put themselves in harm's way to battle the raging wildfires. We are 
proud of your commitment and grateful for your service. We also pay 
tribute to the two firefighters who died, Captain Tedmund Hall and 
Specialist Arnaldo Quinones, and hope that the eleven people who have 
been injured make a full and speedy recovery.
  I urge my colleagues to honor those who have served by voting for H. 
Res. 724.
  Mr. TOWNS. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Towns) that the House suspend the rules 
and agree to the resolution, H. Res. 724.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

[[Page 21256]]



                          ____________________




       EXPRESSING SENSE OF THE HOUSE REGARDING SEPTEMBER 11, 2001

  Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 722) expressing the sense of the House of 
Representatives regarding the terrorist attacks launched against the 
United States on September 11, 2001.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 722

       Whereas on the morning of September 11, 2001, terrorists 
     hijacked and destroyed four civilian aircraft, crashing two 
     of them into the towers of the World Trade Center in New York 
     City and a third into the Pentagon outside of Washington, DC;
       Whereas the passengers and crew aboard United Flight 93 
     fought heroically and sacrificed their own lives by crashing 
     the plane in Shanksville, Pennsylvania, to prevent terrorist 
     hijackers from killing additional innocent Americans;
       Whereas nearly 3,000 innocent men, women, and children were 
     murdered in the attacks;
       Whereas eight years later, the United States of America 
     continues to mourn the lives lost on September 11, 2001;
       Whereas by targeting symbols of American strength and 
     prosperity, the attacks were intended to assail the 
     principles and values of the American people and to 
     intimidate the Nation and its allies;
       Whereas the United States remains steadfast in its 
     determination to defeat, disrupt, and destroy terrorist 
     organizations and seeks to harness all elements of national 
     power, including its military, economic, and diplomatic 
     resources, to do so;
       Whereas Congress has passed, and the President has signed, 
     numerous laws to protect the Nation, prevent terrorism at 
     home and abroad, assist victims of terrorism, and support, in 
     the field and upon return, the members of the Armed Forces 
     who courageously defend the United States;
       Whereas the terrorist attacks that have occurred around the 
     world since September 11, 2001, serve as reminders that the 
     hateful inhumanity of terrorism poses a common threat to the 
     free world and to democratic values;
       Whereas the United States has worked cooperatively with the 
     nations of the free world to capture terrorists and bring 
     them to justice;
       Whereas the United States remains committed to building 
     strong and productive counterterrorism alliances;
       Whereas immediately following September 11, 2001, the 
     United States Armed Forces moved swiftly against al-Qaeda and 
     the Taliban, which the President and Congress had identified 
     as enemies of America;
       Whereas in doing so, brave members of the Armed Forces left 
     loved ones in order to defend the Nation; and
       Whereas many members of the Armed Forces remain abroad, 
     defending the Nation from further terrorist attacks and 
     continuing to battle al-Qaeda and the Taliban: Now, 
     therefore, be it
       Resolved, by the House of Representatives, That the House 
     of Representatives--
       (1) recognizes September 11 as both a day to mourn and 
     remember those taken from their loved ones and fellow 
     citizens, and a day for the people of the United States to 
     recommit to the Nation and to each other;
       (2) once again extends its deepest sympathies to the 
     friends, families, and loved ones of the innocent victims of 
     the September 11, 2001, terrorist attacks;
       (3) honors the heroic service and sacrifices of first 
     responders, law enforcement personnel, State and local 
     officials, volunteers, and others who aided the victims and, 
     in so doing, bravely risked and often sacrificed their own 
     lives and health;
       (4) expresses gratitude to the foreign leaders and citizens 
     of all nations who continue to stand in solidarity with the 
     United States against the international scourge of terrorism;
       (5) asserts, in the strongest possible terms, that the 
     fight against terrorism is not a war on any nation, any 
     people, or any faith;
       (6) recognizes the heroic service of United States 
     personnel, including members of the United States Armed 
     Forces, United States intelligence agencies, and the United 
     States diplomatic service, and their families, who have 
     sacrificed much, including their lives and health, to defend 
     their country against terrorists;
       (7) vows that it will continue to take whatever actions are 
     appropriate to defend the people of the United States and to 
     identify, intercept, and defeat terrorists, including 
     providing the United States Armed Forces, United States 
     intelligence agencies, and the United States diplomatic 
     service with the resources and support to effectively 
     accomplish this mission; and
       (8) calls on all Americans to renew their devotion to the 
     universal ideals that make the Nation great: freedom, 
     pluralism, equality, and the rule of law.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Berman) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous materials on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. BERMAN. I rise in strong support of this resolution, and I yield 
myself as much time as I may consume.
  Mr. Speaker, this resolution pays homage to the lives lost on 
September 11, 2001, and recognizes the anniversary as not only a time 
of solemn commemoration but also as a demonstration of America's great 
resolve in combating terrorism. It extends our enduring and deeper 
condolences to the friends, families and loved ones of the innocent 
victims, and recognizes the heroism of U.S. service men and women who 
defend our country today. It honors the Nation's first responders and 
others whose valiant efforts were a credit to their country on that 
horrible day, and it honors them as they continue to help keep us safe.

                              {time}  1330

  It expresses gratitude to the leaders and citizens of other countries 
who assisted, supported, and stood by the United States in the 
aftermath of the attack.
  In America's modern and fragmented society, collective memories are 
few. But each of us remembers where we were on 9/11 when we heard the 
news. We remember the days of unity that followed when we acted 
together to protect this country from those who were determined to 
bring us to our knees. We remember the efforts that Congress, the 
executive branch, and the American people have made since then to 
protect our Nation from a real and ongoing threat. And even though 8 
years have passed, we must remember that al Qaeda, while under pressure 
everywhere, remains a serious threat to the United States.
  The very al Qaeda leadership responsible for ordering the attacks on 
September 11 continues to rally those who would do us harm and, along 
with its Taliban allies, seeks to defeat our troops in Afghanistan.
  This is a time when we must transcend partisan politics and stand 
together to recall a moment when terrorists targeted the very symbols 
of American strength. Our values and our very foundation were under 
attack, and yet we persevered, and we will carry on the fight against 
extremists who seek to do us harm.
  In this battle, the global realities of the 21st century require that 
we use not only our military but all of the tools available to us: 
economic, financial, diplomatic, and cultural resources to promote a 
better alternative to extremism and to protect our national security.
  Mr. Speaker, none of us will forget what happened 8 years ago. We 
will always remember the victims of 9/11 and the loved ones who 
survived them. We will always honor the first responders who lost their 
lives that day and those in uniform at home and abroad who risk their 
lives today and every day to defend America.
  We will continue to promote our founding principles of freedom and 
equality and ensure that the lives lost in pursuit of our ideals are 
never forgotten.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, it has been 8 years since our country and the entire 
world stopped and looked on helplessly as the slaughter of innocents at 
the hands of al Qaeda unfolded before our eyes. And although we watched 
in safety, our fear and hopes were enmeshed with those who, without 
warning, were suddenly forced to fight for their lives and for those of 
the friends and strangers

[[Page 21257]]

around them. It is a true miracle that so many escaped destruction, but 
we will forever mourn the thousands who perished on that terrible day. 
Our sorrow, however deep, cannot match those whose loved ones were 
taken away from them on 9/11. But we will always share a part of it 
even for those whom we will never know. The passage of years has not 
smoothed the deep impressions that we will bear for the rest of our 
lives.
  But as Americans, it is not in our nature to resign ourselves to 
helplessness, even when facing seemingly impossible challenges. 
Instead, we instinctively rally and focus our minds and efforts on 
meeting and overcoming the threats that we face. We have always done 
so, and we have always won.
  If there is anything useful that we could take away from this tragedy 
it is the unmistakable warning we have been given of the unseen dangers 
that we face in this new century. From that, a clarity of vision and a 
new understanding of the world has emerged. Over the past 8 years we 
have come to know our enemies. We have learned that their hatred of us, 
our success, and our freedom is too deep to be changed by concessions 
and appeals to reason. We now grasp the magnitude of the threat, and it 
is a global one. Other countries have come under attack and so can no 
longer deceive themselves that, once again, this is a menace for the 
United States to handle alone while they stand safely on the sidelines. 
We have uncovered their hiding places in caves, in villages, in 
deserts, in cities, in jungles, in back alleys in nations far away, as 
well as right here in our own homeland.
  But it would be a mistake if our successes lead us to believe that 
the danger has passed. We have seen destruction descend from clear and 
sunny skies and know that it can happen again. To hope that our enemies 
will abandon their mission, to relax our watch, is to invite 
destruction.
  President Lincoln said that those who are responsible for our 
Nation's course, which includes the Members of this body, cannot escape 
history. We have a responsibility to do all in our power to ensure that 
our country is secure and that America's promise for the world that 
generations have labored and fought for and died to protect remains 
whole and unbounded.
  How we meet this reality will repeatedly test our national character. 
We are right to remember and mourn those men, women, and children who 
died on that day so sharply etched in our minds that it seems like 
yesterday. But this tragedy must be redeemed by a new understanding of 
our duty to our beloved country and to our fellow citizens and by what 
it is to be an American.
  As long as we draw breath, we will remember those who, asking nothing 
other than to live their lives in peace, were brutally murdered by men 
without conscience or mercy. Let those of us who remain be steadfast, 
be courageous, and live lives worthy of their great sacrifice and 
thereby honor their memories.
  With that, Mr. Speaker, I reserve the balance of our time.
  Mr. BERMAN. I am very pleased to yield 3 minutes to the distinguished 
chairman of the House Armed Services Committee, the gentleman from 
Missouri (Mr. Skelton).
  Mr. SKELTON. Mr. Speaker, 8 years ago on September 11, 2001, this 
Chamber was empty, the Capitol was evacuated, the Pentagon was burning, 
the Twin Towers in New York lay crumpled, and almost 3,000 of our 
citizens were dead. We can never forget them, and we should never 
forget what we owe them.
  Today we will once again mourn the families and those that are 
fallen, and we express our deepest sympathy to their friends and their 
loved ones. This is only right, but it's not enough. We owe it to the 
victims, to their loved ones, to the survivors, to ourselves to make 
sure that those who carried out this awful attack are brought to 
justice and to ensure that they can never again attack and kill our 
people here at home.
  For too long the war in Afghanistan was the forgotten war. Only 
recently have we refocused our attention on the war on al Qaeda and the 
Taliban who sheltered them as they carried out their plot to murder 
thousands of Americans.
  We can debate the best way to prosecute the fight against al Qaeda 
and the Taliban. For my part, the President has proposed a strategy for 
Afghanistan with which I agree. What we cannot do is walk away from the 
fight. We cannot allow the memory of this horrific event to be 
forgotten, and we cannot forget how important it is to bring those who 
caused it to justice.
  Failing in Afghanistan brings clear and compelling dangers. Failing 
means the Taliban will once again control Afghanistan and permit their 
al Qaeda terrorist allies to operate from there. Failure means we let 
down those who died on 9/11. We can and we should consider how best to 
prosecute the war in Afghanistan. It's not a simple war, it's not an 
easy war. But for the first time, we have a real strategy. And for the 
first time, we are providing the resources needed for the fight. We 
have a new commander who is breathing new life into our effort, and now 
we must show that we have the resolve to give our men and women in 
uniform the time and resources they need to show progress in the fight 
against enemies who carried out this and supported the attacks of 9/11.
  America was attacked on 9/11 by a ruthless, callous enemy. We cannot 
forget that. And we cannot walk away from the war in Afghanistan 
against them.
  Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to yield 1 minute to the 
gentleman from Ohio (Mr. Boehner), our respected Republican leader.
  Mr. BOEHNER. Let me thank my colleagues for yielding and thank them 
for this resolution that's on the floor.
  All of us will remember, I think quite clearly, where we were on the 
morning of September 11, 2001. I think all of us will remember the 
victims of this heinous act that occurred that day. But while we today 
remember those victims and remember their families and we remember 
those first responders who put their lives in danger as well, I think 
we, today, need to resolve that we will never forgive those who 
perpetrated that attack and vow that we will continue to go after them.
  I want to associate myself with the remarks of the gentleman from 
Missouri, the chairman of the Armed Services Committee, who understands 
quite clearly that if we walk away from our efforts in Afghanistan, the 
Taliban will once again be in control, providing safe haven for those 
who perpetrated these attacks.
  And while it's been now 8 years since that attack, our enemies are 
still out there, still attempting to injure Americans, kill Americans, 
both here and abroad.
  I think it's critically important that we, as a Nation, never forget 
what happened on 9/11 and vow what many of us believe is important: 
that our number one job is to provide safety and security to the 
American people.
  So I thank my colleagues for the resolution that's on the floor and 
honor those who gave their lives on 9/11 and think of their families 
and the first responders who continue to suffer today.
  Mr. BERMAN. Mr. Speaker, I am pleased to yield 2 minutes to a member 
of our committee, the distinguished Member from New York, Mr. Engel.
  Mr. ENGEL. I thank the chairman for his yielding to me, and I rise in 
strong support of this resolution. And I want to reiterate some of the 
things I said before with Mr. Towns.
  When I go back to New York every week and look at the skyline of New 
York, it will never be the same. The World Trade Center is no longer 
there, and as much as that pains me, it pales in comparison to the fact 
that we lost nearly 3,000 people that day, and each and every one of 
those lives was precious.
  And what September 11 means to me, it means to me what the previous 
generation talked about December 7. President Roosevelt said during 
December 7, 1941, Pearl Harbor, that was a day of infamy. Well, to us, 
September 11, 2001, will always be a day of infamy.
  But yet it was a day that showed the best in people as well as 
obviously the

[[Page 21258]]

worst in people. The terrorists who attacked us showed the worst in 
people. But the first responders and the people from all parts of the 
country who came to save people's lives and try to dig people out of 
the rubble, that's the best in people.
  I want to mention that the New York delegation has been fighting for 
a health bill which would ensure that those who were first responders 
and others who came as volunteers at the World Trade Center saving 
lives, that their health needs should be taken care of by this country, 
and there are people who live in all 50 States.
  So, Mr. Speaker, as we commemorate and mourn the lives that were lost 
at the World Trade Center, at the Pentagon, and at Shanksville, 
Pennsylvania--and there were many people in my district who were 
killed, as there were in all districts in New York--we have to redouble 
our efforts to fight terrorism.
  But I want to say that I was very, very proud that day to be an 
American and proud to be a New Yorker because the way the people of New 
York responded was exemplary.
  So every day we hear more and more people who were lost at the World 
Trade Center. So I hope we can pass this unanimously.
  Ms. ROS-LEHTINEN. I am pleased to yield 2 minutes to the gentleman 
from Indiana (Mr. Pence), the chairman of our Republican Conference.

                              {time}  1345

  Mr. PENCE. Mr. Speaker, let me rise in gratitude to the distinguished 
majority leader, Mr. Hoyer, and the minority leader, Mr. Boehner, for 
bringing this important resolution to the floor. Bringing a bipartisan 
resolution to the floor is perhaps the best way to commemorate the 
bipartisanship that followed the extraordinary events of 8 years ago 
this Friday.
  I was here on Capitol Hill that day as my colleagues were. It was 
just as pretty a day as it is today, and the shock and horror of the 
images on the television screens, the smoke rising from the Pentagon, 
still are with me today and informs my service in this building, as it 
does all of our colleagues.
  Let me say today's resolution is important because, as the Old Book 
says, we are to mourn with those who mourn and grieve with those who 
grieve. And we are also to pay the debts of honor and gratitude to 
those that are owed. This resolution today remembers those we lost that 
day, and this Nation should never forget the lives that were lost at 
the Pentagon, in the heart of our great City of New York, or in a field 
in Pennsylvania. So we remember them today, and we think of their 
families.
  We rise to pay a debt of gratitude to all those who rushed in when 
others were rushing out, who filled recruiting offices, who put on the 
uniform of the United States and went in and confronted this terror 
where it all began. As we grieve and as we mourn, as we remember and as 
we pay debts of gratitude, let us also resolve to continue to do all 
that we can to maintain that bipartisan commitment that began on that 
very day and continues to this day to make sure that our Nation and our 
soldiers and those who protect us at home and abroad have the resources 
that they need to get the job done and come home safe.
  The SPEAKER pro tempore. Without objection, the gentleman from New 
York (Mr. Ackerman) will control the remainder of the time.
  There was no objection.
  Mr. ACKERMAN. Mr. Speaker, it is my privilege now to recognize the 
cosponsor, the main sponsor of the resolution, the majority leader of 
the House.
  Mr. HOYER. I thank the distinguished chairman and gentleman from New 
York. I thank Mr. Pence for his remarks. On many days, this floor is a 
place for heated debate, and that is, of course, as it should be. That 
is what our Founders intended. But at this moment, as Mr. Pence, the 
chairman of the Republican Conference pointed out, and as I will point 
out as the majority leader on the Democratic side, there are no 
Democrats or Republicans on this floor because we join to remember and 
mourn the attack on America, not on Democrats or Republicans, but on 
America and on its values and on what it stands for throughout the 
world: freedom and justice.
  September 11, 2001, was a day of grief and of shock, of fear and of 
anger. But today it can and must be something more: a day to rededicate 
ourselves with memory and with service to the ideals that make our 
Nation great, as I said earlier, freedom, pluralism, equality, the rule 
of law, and justice. Those, no less than our buildings and our 
citizens, were the targets of the 9/11 terrorists.
  Though buildings crumbled and the dead are lost to us, it is in our 
power to see our ideals remain strong and unscathed.
  So on this eighth anniversary, along with the Republican leader, Mr. 
Boehner, I am proud to introduce this resolution marking September 11 
not only as a day of remembrance, but also a day of resolve.
  So many conflicting emotions marked this indelible day: grief for 
nearly 3,000 men, women and children murdered; heartfelt sympathy for 
those who loved and lost them; and an unspeakable pride in the first 
responders, firemen, policemen and medical personnel who served and, 
indeed, sacrificed on that day. Among the 3,000 are numbered 343 
firefighters, 37 port authority officers and 23 police officers who 
died serving their fellow citizens as they ran into danger's jaws, not 
away from.
  Alongside them in honor stand the passengers of the United Flight 93, 
ordinary Americans, who discovered their extraordinary heroism at a 
moment of crisis and who quite possibly saved this building, this 
Chamber, and the Capitol dome from ruin. It is my own view that that 
was the target of this third plane, to strike down that dome which here 
in America and throughout the world is a symbol of freedom, pluralism, 
justice and, yes, democracy.
  We also remember the sacrifices of our troops, not only those who 
lost their lives under our flag, but those who make the everyday 
sacrifice of separation from family and home. Not all of us are called 
to serve as heroically, but in hundreds of small acts of dedication to 
our communities, we can emulate their service in ways both large and 
small. That is our resolve today. And along with it, we resolve to take 
the lesson of our vulnerability to heart.
  We commit ourselves to defending America from whatever threats may 
confront it, with all of our military force, all of our diplomatic 
skill, and all the power of our moral example.
  Our lives are limited, but we have in our keeping the ideals and 
truths that have animated our Nation since its founding, and that, we 
trust, will outlive us, outlive all of us, to light the lives of our 
children and grandchildren, and as a great-grandfather, let me say for 
generations to come.
  They have lived through war, through economic crisis, and through the 
gravest attacks. Now, while they are in our keeping, let us defend 
them, serve them, live for them, and pass them down unharmed and 
undamaged.
  All that, my fellow colleagues, on behalf of the 300 million people 
who have sent 435 of us here to represent their views and their 
aspirations, their courage and their commitment. Let us again resolve 
today, may we hold it for tomorrow and every day thereafter.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 3 minutes to the 
gentleman from New York (Mr. King), the ranking member of the Committee 
on Homeland Security, who lost so many of his constituents that day on 
9/11.
  Mr. KING of New York. I thank the gentlelady for yielding.
  Mr. Speaker, I am proud to rise in support of this resolution today. 
And at the outset, let me commend the majority leader, Mr. Hoyer, and 
the Republican leader, Mr. Boehner, for introducing the resolution and 
showing the spirit of bipartisanship that is so essential.
  Mr. Speaker, September 11 is not just history. It is real. It is with 
us every day. As the ranking member, Ms. Ros-Lehtinen, said, I lost 
approximately

[[Page 21259]]

150 friends, neighbors and constituents on September 11, and that is 
true of almost every Member of the downstate delegation from New York. 
In fact, I can't drive throughout my district without seeing sign after 
sign, street signs commemorating the police officers and firefighters 
who were killed on that day. So this was a real tragedy. It is a real 
tragedy that continues today in those families, with their friends and 
with their neighbors.
  It is also an ongoing threat against the United States of America. 
The attacks on September 11 do not end on September 11. The fact is we 
have an enemy of Islamic terrorism, al Qaeda, which threatens us 
throughout the world and, indeed, here in our own country. In New York 
alone, there have been attacks foiled against the Brooklyn Bridge, 
Herald Square, against Fort Dix in neighboring New Jersey, against the 
synagogues in Riverdale in the north Bronx. So these are issues. This 
is a threat which is ongoing and it is real. We always have to keep our 
defenses up.
  We have to thank the men and women of our Armed Forces who are 
fighting throughout the world, the men and women of our intelligence 
agencies, the men and women of the State and local police departments 
in New York, of the New York City Police Department, of the Nassau 
County Police Department, and of the Suffolk County Police Department. 
There are more than 1,000 police officers dedicated to fighting 
terrorism in counterterrorism units. And again, it is a daily, daily 
effort.
  As the ranking member of the Homeland Security Committee, I'm aware 
of many of the threats we have stopped, and we are realizing again how 
the enemy is never going to stop, and we can't let our guard down.
  Also, in the interests of bipartisanship, I believe we should give 
President Bush credit for setting up the international level of 
cooperation with so many countries throughout the world and also for 
breaking down barriers with their own intelligence agencies and 
requiring them to share information with local police departments. It 
is not because of luck we haven't been attacked in 8 years. On 
September 12, 2001, no one would have thought we would go 8 years 
without being attacked the way we were on that horrible day of 
September 11.
  Also, in the interest of bipartisanship, it is important for us, as 
Republicans, to stand with President Obama with his policy in 
Afghanistan, which is a continuation of efforts that we began against 
the Taliban and al Qaeda after the attacks of September 11. This issue 
of international terrorism is too important to allow us to be divided 
by partisan politics. We came together as a Nation on September 11 and 
the days after. It is important that we stay together.
  This, as President Kennedy said in 1961, is going to be a long 
twilight struggle. But we won that Cold War, and we're going to win 
this war. We are going to prevail if we stand together as one, stand 
together as a Nation and realize that our enemy is attempting to 
destroy us. But if we stand together as one with our allies and with 
our forces here in this country, we can never be defeated.
  Mr. ACKERMAN. Mr. Speaker, I yield myself 3 minutes.
  Mr. Speaker, I rise in strong support of the resolution and commend 
the majority leader and the minority leader for their good work. We 
have before us an excellent memorial resolution. It is succinct and 
strong and truly expresses what I believe to be the position of the 
entire House.
  As we consider this resolution, I would suggest that every Member 
take a moment to close their eyes, if they are in their offices, turn 
off the chattering of the television or the importuning of their staff 
and try to think back to September 11, 2001. It really was 8 years ago.
  Remember how beautiful that day was. Perfect. A clear, crisp 
September day with a cloudless sky. Remember where you were when you 
heard that our Nation was under attack, when you first saw those awful 
images of the towers gushing black smoke and the Pentagon in flames. 
Remember the thousands of our fellow Americans who perished in the 
World Trade Center and at the Pentagon. Remember the inconceivable 
heroism of the first responders who rushed into the flames and the 
chaos in order to save others.
  Remember the defiant courage of the passengers on United Flight 93 
who lost their lives but probably saved the most glorious symbol of our 
democracy in the world, the U.S. Capitol, and many, many who were 
working here on that day. Remember our shock and fury. Remember our 
national unity and the feeling of common purpose. Remember how the 
whole world stood with us and shared our outrage and our agony.
  These memories are available to all of us if we take but that one 
moment. We all experienced these events, and all that's needed is to 
take a moment, to set aside a little bit of time and let it all come 
back. Why? Is it a morbid fascination with catastrophe? Is it merely to 
justify some policy or expenditure? I would suggest two other reasons.
  First, memory is what we owe to those who were so unjustly murdered. 
We cannot bring them back and we cannot give meaning to the horrific 
act that took them from us, but we can remember them as our fellow 
Americans, as people whose lives were connected to thousands of our 
fellow citizens who still mourn them to this very day.
  Second, I think we should take a moment to ponder the last 8 years. 
What have we done in response to that day? What have we learned? What 
do we still owe to those who died? And what we have used their deaths 
to justify? Have we made the world a safer place? Have we made our 
homeland more secure? Will the next generation of Americans face more 
or less danger because of our actions? Each of us will still have our 
own answers to those questions, just as each one of us remembers that 
awful day uniquely.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. ACKERMAN. I yield myself another 15 seconds.
  In this great Nation which gives each person complete freedom of 
thought, belief and expression, in which the governed choose who will 
govern them, the meaning of 9/11 and the consequences of that terrible, 
terrible, terrible day remain for us to decide, each man and woman for 
themselves. All it takes is that moment to remember.
  I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 2 minutes to the 
gentleman from Indiana (Mr. Burton), the ranking member on the 
Subcommittee on the Middle East and South Asia.

                              {time}  1400

  Mr. BURTON of Indiana. I thank the gentlelady from Florida for 
yielding me this time.
  I would just like to say to my colleague, Mr. Ackerman, I really 
appreciate your remarks; I think they were right on the money.
  I've heard a lot of my colleagues talking about how we should 
remember those who died and sacrificed their lives on September 11, and 
I think that's fitting and proper; but one of the things that I don't 
want to ever happen again is a repeat of 9/11. And for the past 8 
years, we have not had another attack due in very large part to the 
Homeland Security people and to the CIA and to the FBI. We have 
intercepted information from terrorists and we've been able to prevent 
additional attacks because of the work they've done. And I think it is 
improper for us today, while we're remembering those who sacrificed 
their lives on that day, the firemen and the people on those planes, I 
think we would be remiss if we didn't think about the future and be 
concerned about that never happening again.
  Right now, the Justice Department of the United States is 
investigating the CIA. And those people have been involved in stopping 
terrorist activity by going after the terrorists and making them give 
us information that would stop an additional terrorist attack. Today 
they are under scrutiny, and some of them may be prosecuted for doing 
their job. I think that's improper.
  Everybody in America owes our intelligence agencies a debt of 
gratitude

[[Page 21260]]

and Homeland Security a debt of gratitude for protecting this country 
for the last 8 years. And if we don't want to see another 9/11--and 
none of us do, and there have been some prevented like the one in 
California that was going to take place--if we don't ever want to see 
that again, we must support the intelligence agencies who are stopping 
the terrorists. And right now, the attack that's taking place by the 
Justice Department on the CIA only discourages those who do their job 
to protect this country from doing their job.
  If you're a CIA agent today and you know the Justice Department is 
watching every single thing you do in trying to stop a terrorist 
attack, are you going to want to take the risk of being prosecuted 
because you're going after a terrorist to make him give you information 
that will stop another terrorist attack?
  The SPEAKER pro tempore. The gentleman's time has expired.
  Ms. ROS-LEHTINEN. I yield the gentleman an additional 30 seconds.
  Mr. BURTON of Indiana. We're demoralizing our intelligence agencies 
by doing this right now. It may be unintentional, I don't know, but we 
certainly should not be doing it. They were doing their job. If you 
don't agree with waterboarding, or whatever it was, okay, but that's 
something that's in the past. We shouldn't discourage our intelligence 
agencies from doing their jobs now. We want to protect every single 
American from another terrorist attack, and the way to do it is 
certainly not by attacking our intelligence people.
  Mr. ACKERMAN. Mr. Speaker, I am pleased to yield 1 minute to the 
gentleman from New Jersey (Mr. Sires).
  Mr. SIRES. Mr. Speaker, I rise today in support of the resolution 
expressing the sense of the House regarding the terrorist attacks 
launched against the United States on September 11, 2001. As the 
district I represent sits across from downtown Manhattan, my 
constituents and I are faced with a constant visual reminder of that 
day's tragic events.
  As time passes, we must continue to commemorate this sad day. We will 
remember the innocent lives that were lost, the heroes that emerged 
from this disaster, and we will remember how this day forever changed 
our lives.
  As new generations grow older, we must pass on the lessons of this 
day and its significance to our country. For 8 years, we have mourned 
the lives lost, and we have worked at home and abroad to protect our 
great Nation, its people, and the ideals it represents.
  I am pleased to join my colleagues in remembering this significant 
day and recognize how it continues to affect all our lives. I thank my 
colleagues for introducing this resolution.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 2 minutes to the 
gentleman from Texas (Mr. McCaul).
  Mr. McCAUL. I thank the gentlelady.
  Mr. Speaker, today we rise as Americans, first and foremost, to 
remember: to remember the victims of 9/11, the 3,000 Americans who were 
killed on that day; to remember the fallen heroes, the firefighters, 
the police officers who rescued so many lives and some who gave the 
ultimate sacrifice.
  I remember watching the television on 9/11 with my daughter as the 
second airplane flew into the building and she said, Daddy, why did 
that airplane fly into the building? And by the time the second one 
hit, we all knew that this was no accident; this was an intentional act 
of terrorism, an act of war against the United States.
  I was a counterterrorism prosecutor in the Justice Department. We saw 
many warning signs--the embassies in Africa, the USS Cole, 1993 World 
Trade Center, Ramzi Yousef, who almost brought the World Trade Center 
down that day--when they arrested him in Islamabad, many of you may not 
know this, but they found 12 baby dolls stuffed with chemical 
explosives that he intended to take on airplanes, part of the Bojinka 
plot to blow up 12 airplanes simultaneously.
  The evil genius, his uncle, Khalid Sheikh Mohammed, the mastermind of 
9/11, who to this day the information we obtained from him has saved 
American lives, the most chilling experience I've had as a Member of 
Congress was to see Khalid Sheikh Mohammed imprisoned down in 
Guantanamo, the man who was responsible for killing 3,000 Americans.
  As the 9/11 Commission said, the only way we will ultimately prevail 
in this twilight struggle is through good intelligence. We cannot tie 
the hands of the intelligence community. We cannot threaten them with 
prosecution. We cannot have a global justice policy that Mirandizes 
terrorists captured on the battlefield in Afghanistan when the first 
words we say to them is, You have the right to remain silent. How in 
the world will we get good intelligence with that kind of policy?
  And if I could close with an FBI quote before 9/11 that said, ``Some 
day someone will die and the public will not understand why we were not 
more effective at throwing every resource we had at certain problems, 
especially since the biggest threat to us now, Osama bin Laden, is now 
getting the most protection.''
  The SPEAKER pro tempore (Mr. Ross). The gentleman's time has expired.
  Ms. ROS-LEHTINEN. I yield the gentleman an additional 30 seconds.
  Mr. McCAUL of Texas. I thank the gentlelady.
  We will never forget that day. We can never make the same mistake 
again. We owe that to the victims and the heroes of 9/11. It is our 
most solemn obligation to first and foremost protect and defend the 
American people.
  Mr. ACKERMAN. Mr. Speaker, I am pleased to yield 1 minute to the 
gentleman from New York (Mr. McMahon).
  Mr. McMAHON. Mr. Speaker, I rise today in strong support of House 
Resolution 722 and to honor all those who were murdered or injured in 
the terrorist attacks of September 11.
  As we honor that day, we are reminded that on that day we saw the 
worst in humanity and the best in humanity. And let us focus on the 
best, because when I think of that day, I think of people like one of 
the more than 300 people from my district who lost their lives that 
day, like Stephen Siller, a devoted husband and father of five who 
served as a member of the New York City Fire Department.
  Stephen was on his way home from a tour of duty that ended at 9 
o'clock that morning when he was on the Verrazano Bridge and heard the 
call of what happened. He turned his private vehicle around and drove 
back to the Brooklyn Battery Tunnel, took all his gear out, put it on--
because of traffic he couldn't get through--ran back through that 
tunnel to the World Trade Center, where he joined his brothers from the 
fire department, and others, rescued tens of thousands, but they lost 
their lives.
  Each September since that day Stephen's family and the people of New 
York City honor his memory and bravery with a 5K race known as the 
``Tunnel to Towers'' race that retraces Stephen's steps. In addition, 
Stephen's memory lives on in the good works the family has done by 
building Stephen's House and Home for Orphans.
  So today I urge all of my colleagues and all Americans to not only 
honor those we lost, but to honor the bravery and spirit of countless 
people like Stephen Siller who made the ultimate sacrifice to save 
others.
  Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentleman from New Jersey (Mr. Frelinghuysen), an esteemed member of 
the Committee on Appropriations who also lost constituents that day.
  Mr. FRELINGHUYSEN. I thank the gentlewoman for yielding to me, and I 
rise in support of the resolution.
  Eight years have now passed since tragedy struck our Nation. In lower 
Manhattan, the fields of Pennsylvania, and across the river at the 
Pentagon more than 3,000 of our fellow Americans lost their lives. The 
events of that day remain indelibly etched in our collective memory.
  Of those lost, 700 of the victims came from New Jersey, many from my 
congressional district, and many more from New York, other States, and 
80 nations. For those of who us had this tragedy hit so close to home, 
I know that each September 11 brings with it a great deal of sorrow. 
Later this week,

[[Page 21261]]

all of us will have the honor of attending a number of 9/11 
remembrances, especially in New Jersey, the home of so many good people 
who died, as well as to honor those who sought to save them, our first 
responders.
  My constituents remember that day every day. That day dawned like 
most days in New Jersey, bright and clear; crowded train stations in 
the morning taking people across the Hudson to lower Manhattan, parking 
lots packed with cars as they are most mornings. That evening, however, 
the scene was far different; trains weren't full, cars remained 
unclaimed in parking lots, and many families were left wondering what 
had happened to their loved ones. A single day that changed how each of 
us would think for the rest of their lives.
  At one of those small train stations in Chatham there is a tree at 
whose base is a plaque inscribed: ``We shall never forget our friends 
and neighbors who rode the rails with us that morning but did not 
return with us that night.'' That remarkable poignant quotation. We 
will never forget those victims. We will never forget those who sought 
to save them at the Pentagon, in Pennsylvania, and in lower Manhattan. 
Their bravery will never be forgotten.
  Mr. ACKERMAN. Mr. Speaker, I am pleased to yield 1 minute to the 
gentlelady from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. I thank the distinguished gentleman from 
New York and the distinguished gentlelady from Florida.
  This is a duty that we do not relish, but that we obligate ourselves 
to be able to be reminded of the lost souls of September 11, 2001. It 
changed the innocence of America, but yet we stood tall as we mourned 
with these families from far and wide that we are America that believes 
in justice and civil liberties and, yes, the Bill of Rights.
  The Homeland Security effort was born during that time. I began to 
serve on the Select Committee and now the Homeland Security Committee. 
The work we do every day should be silent work, but it is work to 
ensure that the Nation's airlines and airports, train stations and 
railroads and mass transit and everywhere we go protects the American 
people. It is a world that stands up against terrorism, but understands 
that America can be a friend.
  So today, as we come together as a Congress, as we did those few 
years ago and stood on the front steps singing ``God bless America,'' I 
rise today to tell those families we will never forget them. And it is 
our obligation to be diligent, to be responsive, and to be remembered.
  God bless America.
  Mr. Speaker, I rise today in support of the H. Res. 722. The legacy 
of the events of September 11, 2001 still resonates today. We will 
never forget the harrowing experience of the loss of more than 3,000 
lives that marked this national tragedy. We will never forget the 
events of that day, nor those who paid the ultimate price. We will 
forever remember how the country suffered profound sadness, the likes 
of which we as a nation hope to never experience again.
  Mr. Speaker, I recall vividly the intense emotions evoked as the 
attacks unfolded. The nation watched in horror as two airliners crashed 
into the Twin Towers and brought down the World Trade Center. That 
horror intensified as we witnessed an attack on the Pentagon, and a 
crashed airplane in Pennsylvania. Horror turned to anger as it came to 
light that the attacks were the actions of hate-filled cowards who had 
no respect for human life. I remember too, that in the aftermath of 
these senseless attacks, we came together as a nation and with friends 
from around the world united in grief and sadness. That moment 
transformed our country and the world, as the resolve of our nation 
strengthened and our principles hardened.
  We remember the heroes from that day; those who ran into the danger, 
sacrificing themselves to save strangers. They were the brave 
firefighters, police officers, and civil servants who died in the 
service of protecting others. We remember the heroes from United Flight 
93 who overpowered the terrorists and gave their own lives to prevent 
the deaths of countless others. We hope that their families can take 
some small measure of comfort knowing that Americans have made a 
permanent place for those heroes in our hearts.
  In Houston, we mourned the loss of two of our own: Naval Petty 
Officer 3rd Class Daniel Martin Caballero and Army Lieutenant Colonel 
Karen Wagner. Twenty-one year old Petty Officer Caballero was an 
electronics technician who had a bright life ahead of him. Forty-year-
old Lt. Col. Wagner had a distinguished career as a medical personnel 
officer in the office of the Army surgeon general. Both lives were 
taken when United Flight 77 was steered into the Pentagon. Also 
Councilmember Toni Lawrence lost her dear sister to this horrible 
tragedy.
  Mr. Speaker, I ask that we also pay tribute today to those who have 
fought the wars born from September 11. In the years since that tragic 
day, our country has fought ardently to eliminate the enemies who would 
work to perpetuate the culture of fear and violence born from 9/11.
  The men and women of the U.S. military prove daily that their 
commitment to protecting and defending our country is steadfast. Let us 
remember those who fought and died while serving the country, let us 
honor those who continue to fight, and let us pledge our unending 
support for our soldiers and their families.
  As a Senior Member of the Foreign Affairs and Homeland Security 
Committees, I believe that we must continue to honor the fallen by 
working to prevent needless deaths. In the years since September 11, 
2001, Congress has worked hard to make sure that such a tragedy will 
never happen again. In large part, we have taken heed of the advice of 
the 9/11 Commission and built a strong system to prevent future 
attacks.
  Mr. Speaker, I rise before this body to say that our work is not yet 
done. Our nation's rail and mass transit lines continue to be 
vulnerable. Millions of Americans rely on our rail and mass transit for 
transportation. Terrorist attacks in Madrid in 2004 and London in 2006 
indicate that transportation routes continue to be potential security 
threats. We must not let another tragedy occur. As Chair of the 
Transportation Security Subcommittee--we are working to increase 
America's security.
  Preventing terrorism at home begins with addressing terrorism abroad. 
We must engage nations that are susceptible to the influence of 
extremists and arm them with the tools to fight radicalism. That means 
increasing education, improving living conditions, and increasing the 
capacity to govern. The struggle against terrorism will be won in the 
hearts and minds of people around the world.
  Mr. Speaker, I urge all members to join me in supporting H. Res. 722. 
Let us remember this day and the tragedy that befell the nation by 
properly honoring the victims with our renewed commitment to America's 
security and Democracy.
  Mr. ACKERMAN. Mr. Speaker, I am privileged to yield 1 minute to the 
gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. I rise in support of the resolution. It's important 
that we remember 9/11, those innocents who lost their lives, those who 
put their lives at risk while saving lives, and those who survived to 
grieve the loss of irreplaceable loved ones.
  We have a responsibility to remember 9/11. It would be good, too, for 
us to remember the course of action our Nation embarked upon as a 
consequence of 9/11. We have a right, a duty to defend ourselves, but 
in the name of 9/11 war was waged against the people of Iraq who had 
nothing to do with 9/11.
  At this point, let us remember our troops, too, and their sacrifices 
since 9/11, and the over 1 million innocent civilian casualties 
everywhere who also paid a price because of 9/11. We should never 
forget 9/11, and we should never forget the truth.
  In our grief, we know the truth is our ultimate defense. The truth is 
our security. It is the truth which sets us free and the truth which 
keeps us free. God bless America.

       Washington, Sept. 11, 2001.--America grieves this day for 
     the victims of these terrorist attacks, and for their 
     families and friends. Our prayers are with them and our 
     hearts go out to those who have endured unbearable loss 
     today. Our most hopeful thoughts are with those who have 
     risked their lives in heroic rescue efforts. In this grim 
     moment, we must be resolute in protecting the fabric of our 
     democracy and the individual freedoms that make America a 
     great nation. As we grieve, we cannot let terrorists win by 
     turning the United States into a national security state. We 
     cannot let their dialogue become our dialogue.
       America must remain calm because such calm is essential to 
     preserving our liberties. America must bring to justice those 
     responsible for these cowardly deeds. We must be cautious 
     about rolling back freedoms at home or placing blame in the 
     wrong place.
       America must continue to be a beacon of democracy for the 
     world. Let this sad moment cause all governments and all 
     people of

[[Page 21262]]

     good will around the world to unite and to move together to 
     challenge and uproot those who have destructive goals which 
     seek to create death and drive the world toward chaos. Now, 
     more than ever, America must continue to be a force for peace 
     in the world. We must not let the terrorists win.

  Mr. ACKERMAN. Mr. Speaker, could I request of the gentlewoman from 
Florida if she has the time and would be willing to lend us one of her 
minutes.
  Ms. ROS-LEHTINEN. Yes, we would be more than happy to do so. We were 
waiting to see if some of the speakers who had reserved time would show 
up; but since they are not here yet, we would be more than pleased to 
give you some of our time, 1 minute.
  Mr. ACKERMAN. Thank you so much. And if someone shows up and you need 
the time, I would be happy to make a unanimous request that that be 
restored to you.
  Mr. Speaker, it is now my pleasure to recognize the gentleman from 
New Jersey (Mr. Pascrell) for 1\3/4\ minutes.

                              {time}  1415

  Mr. PASCRELL. Thank you, Mr. Chairman.
  I rise today as this Congress commemorates perhaps the most horrific 
day in our Nation's history, that day being September 11, 2001. So many 
of us in New Jersey and New York lost our friends, our loved ones, 
acquaintances and people we never met before.
  It's difficult to believe that it was almost 8 years to the day when 
our Nation was attacked by foreign terrorists and claimed almost 3,000 
lives, including 411 of our Nation's bravest first responders. As a 
Member of the Homeland Security Committee, I am proud of the steps that 
we have taken since that fateful day to make the American people safer, 
but our work obviously is far from complete. This is a mission we, as 
public servants, can never stop striving to achieve.
  I am also proud that earlier this year we passed the aptly named 
Edward M. Kennedy Serve America Act, which will designate September 11 
as the first annual National Day of Service and Remembrance. On 
September 11, more so than any other day of the year, we should come 
together as Americans and find new ways to save our Nation, and 
hopefully that will spill over to the days after.
  So I say to all of you that many of the wounds of that fateful day 
will heal over time, but that we will never forget the heroism we 
witnessed, the lessons we learned, the redemption the American people 
earned through our own strength. And so we pray that this never happens 
again.
  Mr. ACKERMAN. I yield myself 10 seconds.
  We have no further additional Members, so if the gentlewoman would 
like to close we will wait on the Speaker if she chooses to close as 
well.
  Ms. ROS-LEHTINEN. Do you need an additional minute? I think we only 
have how much time, Mr. Speaker?
  The SPEAKER pro tempore. The gentlewoman from Florida has 2 minutes 
remaining, and the gentleman from New York has 3 minutes remaining.
  Mr. ACKERMAN. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, the day after that horrific event, I was back in New 
York. I went to the piers where the people were waiting to claim bodies 
and hear of missing loved ones.
  There was a gentleman before this huge wall where people had posted 
pictures of relatives that were missing. And there was one gentleman 
standing there--it was close to midnight--all by himself, in 
traditional Orthodox Jewish garb, with a long black coat and large 
black-brimmed hat standing in front of a picture of someone who looked 
remarkably like him.
  And he just stood there stone-faced. And I just went over and stood 
next to him as one of the firemen called him to my attention. And he 
said, without turning away from the picture that he was looking at on 
the wall, the missing person, he said, That was my brother. He is gone. 
He called me moments before the building collapsed. He said he knew 
what was happening, but he would not leave his workplace.
  He worked in a station next to a young man from Puerto Rico who was 
sitting in a wheelchair and who was frightened. And he said, My brother 
told me I will not let him stay here to die alone. And they were 
holding hands when his brother hung up the phone. That was the kind of 
bravery we saw from Americans, all kinds of Americans on that fateful 
day.
  Let us remember them and the sacrifice they made.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield myself such time 
as I may consume.
  I thank my good friend from New York and our chairman, Mr. Berman, 
and Mr. Hoyer and Mr. Boehner for this resolution.
  Mr. Speaker, when we talk about the 9/11 attacks on our Nation, we 
must also recall that it was an attack on our way of life. It was an 
attack on what we stand for, on what we represent. What is it that we 
represent? Freedom, democracy, liberty.
  These are the values that distinguish our Nation, our people, from 
our attackers, the belief in freedom, the belief in democracy, the 
belief in liberty. And as we recall this somber anniversary of this 
resolution before us, let us honor the memory of those whom we lost, 
the murdered, for it was a crime, and the heroism of our public 
servants, our first responders, our ordinary fellow citizens who were 
so extraordinary that day, who discovered the extraordinary courage of 
self-sacrifice on behalf of their fellow citizens, some of whom they 
had never met, including many of us in this building.
  And let us resolve that 9/11 will not just be an anniversary that we 
commemorate with an interesting and touching ceremony, but that 9/11 is 
really a symbol of what America is about, how we dealt with that 
struggle, how we dealt with that devastation, how we dealt with that 
sorrow and what we said we would do as a people, that we would not let 
this attack go unanswered.
  And to frame the events of that day as they should be framed, as 
freedom versus oppression, as tolerance versus hatred, as incitement 
versus understanding. And this is what we fight for to this day: for 
freedom, for tolerance, to make sure that we can just not recall the 
days of 9/11, but also honor the memory and what they stood for.
  Mr. Speaker, I yield back the balance of my time.
  Mr. ACKERMAN. Mr. Speaker, I am pleased to yield for the purpose of a 
unanimous consent request to the gentlewoman from New York (Ms. 
Clarke).
  Ms. CLARKE. Mr. Speaker, I rise to add my voice to those who have 
spoken in support of this bipartisan 9/11 resolution, H. Res. 722.
  Mr. Speaker, I proudly rise in support of the bipartisan 9-11 
Resolution, H. Res 722, which recognizes September 11 as both a day to 
mourn and remember those that were taken from us, and a day for the 
people of the United States to recommit to the Nation and to each 
other.
  Today, Congress pauses to reflect on the life and legacy of the men 
and women whose lives were tragically altered or cut short as a result 
of the violent attacks on 9-11-01.
  I began my public life as a member of the New York City Council 
shortly after the attacks of September 11th changed America's 
perception on the world. From that first day, I have dedicated myself 
to the issues of security and preparedness.
  As the only New York City member of the House Committee on Homeland 
Security, I am humbled at the opportunity to commemorate this day with 
my colleagues and victims' families.
  We will never forget that almost 3,000 lives were lost, including 343 
firefighters and 23 police officers, on that day. Their contributions 
and legacies will forever be honored and revered.
  I salute the many World Trade Center and Pentagon workers who may not 
have held a corner office with their names on the door, but were an 
integral part of our thriving economy and communities.
  I salute the mothers, teachers, doctors, flight crews and other 
valuable members of our society that were taken from us on that tragic 
day.
  As we prepare to commemorate that tragic day with several victims' 
families on the front steps of the U.S. Capitol, I offer my prayers to 
all 9-11 families and the survivors whose lives are forever changed.

[[Page 21263]]

  I especially send my condolences to the parents and families of the 
children who's precious lives were tragically taken from us on that 
fateful day.
  The collective sacrifices, strength, and compassion of these 
individuals and all Americans, as well as the fallen soldiers that we 
have lost in the fight against terror and the families they've left 
behind--all of whom represent diverse backgrounds and beliefs--remind 
us that our national resiliency lies within our ability to come 
together as a nation for the greater good of our society.
  Mr. ACKERMAN. I thank the distinguished gentlelady from Florida for 
her cooperation in this bipartisan effort and expression of the House.
  I yield the balance of our time, 1 minute, to the distinguished 
Speaker of the House to close the debate, Ms. Pelosi.
  Ms. PELOSI. I thank the gentleman for yielding. I thank Congressman 
Ackerman and Congresswoman Ros-Lehtinen for bringing this opportunity 
to the floor to speak about the unspeakable horror of 9/11.
  When we talk about this subject, Mr. Speaker, we are treading on 
sacred ground, a ground we thought we would never see in our country.
  But as Congresswoman Ros-Lehtinen said, it has defined us, how we 
dealt with it, and how we carry on afterward. One of the goals of 
terrorists is to instill fear. So not only do they take lives and 
destroy a community, try to destroy a community, they also instill fear 
as to how we will act upon the challenges that we have as we go 
forward. That did not happen with 9/11.
  The American people rallied in a way that removed all doubt that we 
would not suffer that consequence. But it's the families of 9/11 who 
made the biggest sacrifice, that's self-evident. But when they turned 
their grief into action, working with the 9/11 Commission to help 
ensure that this doesn't happen again, they did a great service to our 
country.
  In just a few moments, in the Capitol, we will unveil a marker of 
bravery to recall the sacrifice, in particular of the men and women on 
Flight 93 who died in rural Pennsylvania. We gather to honor their 
families, who will be with us. This is the day that they have chosen 
for that and to ensure that we never forget their heroic deeds, their 
bravery and the sacrifices of those individuals. They made a decision 
in that flight not to fly into Washington, D.C., perhaps into this 
Capitol.
  Again, it is to those families that we owe so much, whether it was in 
rural Pennsylvania, in the Pentagon, or in New York at the Twin Towers.
  Following that ceremony, we will go to Statuary Hall where leaders of 
both parties in both Houses of Congress will gather to recognize the 
heroes of 9/11, the firefighters and first responders, the rescue 
workers and all who perished on Flight 93, in the Pentagon and the 
World Trade Center on that terrible morning. It is in their names that 
we mark this day.
  It is in memory of those who died that we, in the words of this 
resolution, renew our devotion to the universal ideals that make this 
Nation great: freedom, pluralism, equality and the rule of law. It is 
their voices that remind us not just of the images of destruction and 
despair, but of the unity we all felt in the wake of the attacks and of 
our common humanity and shared strength, of our potential to move 
forward as one community, one Nation. When we take inspiration from the 
memories of the heroes of 9/11, may this resolution rekindle a spirit 
of service and sacrifice among all Americans.
  May God continue to bless the United States of America.
  Mr. TEAGUE. Mr. Speaker, like all Americans I still mourn the 
innocent lives that were lost on September 11, 2001. Though I was not 
in Washington, DC or New York City on that day, I am often reminded of 
the attacks when I pass the Pentagon on my way to the Capitol. And when 
I think of the thousands of family members that lost a loved one on 
that day, I admit that it makes me want to visit with my own children a 
little more often, play with my grandchildren a little longer and hold 
my wife a little closer.
  On September 11th, 2001, America was exposed to a darker side of the 
human condition--one that is so fueled by hate and fear that it would 
drive individuals to come to a foreign land and dedicate themselves to 
studying the most efficient way to murder innocent civilians.
  The 9/11 attacks were cowardly actions by desperate, evil men, but, 
like we've seen on other tragic days in our Nation's history, the 
attacks also shined a light on American bravery and heroism.
  Our firefighters and other first-responders ran into buildings that 
were about to collapse, sometimes sacrificing their own lives to save 
others. The passengers of United Flight 93 became true citizen-soldiers 
when they chose to take on the hijackers and sacrifice themselves to 
save others, demonstrating to the world what makes us strong and good 
as a country.
  These brave people showed that even in one of the darkest hours in 
our history, Americans were resolute, resilient and committed to see 
the light of our liberty burn steady and bright.
  Let us remember that while these horrendous acts may have toppled 
over buildings and taken the lives of innocent Americans, they neither 
destroyed our Republic nor the principles upon which our country was 
built.
  Eight years after that dark day, it is appropriate for us to take 
time to remember those that lost their lives in these attacks and those 
who gave their lives so that others would live. And it is equally 
important for us to acknowledge that despite these tragic events 
America has remained free, strong and committed to liberty.
  Mr. MARKEY of Massachusetts. Mr. Speaker, this week we commemorate 
the eighth anniversary of the most devastating attack on our country 
since Pearl Harbor. The planes which destroyed the World Trade Center 
towers took off from Boston. The planes carried 142 passengers and crew 
members, many of them were our neighbors, and the catastrophe almost 
200 miles south in Manhattan was also a catastrophe for victims' 
families and their loved ones and friends in communities across 
Massachusetts.
  The September 11th attacks demonstrated that America's very 
strengths--its technology and its open society--could be turned into 
weapons and used against us. We have spent much of the past eight years 
trying to reduce the opportunities for terrorists to exploit our 
vulnerabilities; while we can claim significant achievements we must 
admit that the job is not done.
  Two years ago, the Democratic Congress passed legislation to 
implement the recommendations of the 9/11 Commission, designating it as 
our top priority--H.R. 1. But much work to implement the bill's 
provisions and other needed homeland security upgrades is still needed, 
and it is now up to the Obama Administration to end the years of 
delays, obstruction and catering to industry's demands that was 
characteristic of the Bush Administration's homeland security policy.
  I authored a provision in the 9/11 law to require the screening, 
within three years, of all the cargo carried on passenger planes to a 
level of security commensurate with the level of security applied to 
passengers' checked bags. The statutory deadline is less than one year 
from now, in August 2010. I am concerned that the system developed by 
the previous administration to implement the 100 percent screening 
requirement is facing significant challenges and must be quickly 
remedied by this Administration in order to comply with the law.
  A requirement that I helped to insert into the 9/11 law contains a 
mandate to scan all inbound maritime cargo at its point of origin by 
2012, unless the Department of Homeland Security chooses to extend the 
deadline for a particular port or group of ports because of 
technological, economic or other barriers. I believe that Congress 
included sufficient flexibility in the statutory requirements to 
address any delays in meeting the 2012 statutory deadline for maritime 
scanning that may have been caused as a result of inaction by the last 
Administration, and now the Obama Administration is tasked with 
implementing this vital security safeguard.
  Since 9/11, Congress has enacted legislation to secure the aviation, 
maritime, rail, mass transit, nuclear energy and other sectors. But 
what we have yet to do is act on comprehensive legislation to secure 
the facilities that make or store dangerous chemicals. Instead, we have 
relied on the incomplete, inadequate and loophole-ridden legislative 
language that was inserted into a 2007 Appropriations bill behind 
closed doors that amounted to little more than a long run-on sentence. 
The Energy and Environment Subcommittee which I chair will soon act on 
comprehensive chemical security legislation that will close the 
loopholes in part by requiring each high-risk facility to assess 
whether it could use safer processes or technologies and provide 
authority to ensure that the highest-risk facilities do so if it is 
economically and technologically possible.

[[Page 21264]]

  The upcoming anniversary is a time for reflection and commemoration. 
But it is also an opportunity to review the progress we have made 
towards improving the security of all Americans.
  On this 8th anniversary of a terrible tragedy, I am taking time to 
both remember those who we lost and to rededicate myself to ensuring 
that such a tragedy will never again be allowed to occur.
  Mr. AL GREEN of Texas. Mr. Speaker, as an American and Representative 
of the 9th Congressional District of Texas I would like to express my 
support for H. Res. 722, which recognizes the victims and heroes of the 
terrorist attacks launched against the United States on September 11, 
2001.
  This year commemorates the eighth anniversary of 9/11, which lives on 
in the hearts and minds of Americans as we mourn and remember the lives 
lost in that tragedy. On September 11, we will honor the memory of the 
3,000 men, women, and children who were taken from us, pay homage to 
the countless lives who have died defending our freedom, and service 
men and women currently fighting in combat zones across the world.
  Moreover, on this September 11, Americans will for the first time 
honor the victims and heroes of 9/11 by serving their neighbors and 
communities in the first National Day of Service and Remembrance. This 
federally designated day was created as a part of bipartisan 
legislation in the Edward M. Kennedy Serve America Act, which was 
signed into law by President Obama on April 21, 2009. In the spirit of 
unity and compassion, Americans everywhere will join the President and 
Mrs. Obama in service projects at schools, hospitals, and communities.
  As we honor the sacrifices of our fellow Americans through our own 
service in communities across the nation, let us renew our devotion to 
the universal ideals that make our Nation great: freedom, equality, and 
democracy. On September 11, 2009, let us forget our differences and 
embrace our common heritage as one people, the American people. I urge 
my colleagues to support H. Res. 722.
  Mr. BLUMENAUER. Mr. Speaker, this Friday, we come together as a 
Nation once again to commemorate those who perished on September 11, 
2001, and to renew our commitment to each other and to our Nation's 
ideals of tolerance and freedom. Though the years have passed, the 
memory of that day and of the heroism displayed by rescue workers and 
ordinary Americans is not diminished.
  I hope you will join me in a day of reflection, as we contemplate how 
each of us can draw strength from this tragedy and help create the 
America we'd like to see. Our Nation's strength lies in the ability to 
welcome dissent, but it is my hope that this day can remind us of our 
common humanity: that we are more joined than divided. And although we 
may disagree on the means for how to deal with climate change, health 
care, and economic recovery, to name but a few of our challenges, these 
are priorities for us all.
  Let us remember this day, and let us pledge to work harder and more 
constructively to build a stronger America.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise today in strong 
support of H. Res. 722, which marks the eighth anniversary of September 
11, 2001 and solemnly recognizes the lives lost and the sacrifices made 
on that day.
  I want to commend Mr. Hoyer and Mr. Boehner for bringing this 
bipartisan resolution to the floor.
  None of us will ever forget where we were and what we were doing on 
the morning of September 11, 2001. The images of the planes hitting the 
World Trade Center towers, the smoke rising above the Pentagon, and the 
scattered remnants of flight 93 in that Shanksville, Pennsylvania field 
will forever be seared in our Nation's consciousness.
  This resolution affirms that we continue to mourn the innocent loss 
of life that occurred that horrific morning and extend our deepest 
sympathies and prayers to family and friends of the victims. It also 
pays tribute to the heroism of the first responders, law enforcement 
personnel, and ordinary citizens who rushed to the aid of their fellow 
Americans on that darkest of days.
  With this resolution, the House not only recognizes the extraordinary 
heroism of that day but acknowledges the significant strides we have 
made as a Nation to improve information sharing, strengthen our 
borders, and enhance our resilience. As a result, the United States is 
more secure today than it was on September 11, 2001. However, we must 
not lose sight of what still needs to be done or grow complacent about 
security. The nature of the terrorist threat demands vigilance at all 
levels of government and in our communities.
  Mr. Speaker, this anniversary represents an opportunity to rededicate 
ourselves to these efforts and H. Res. 722 is a fitting remembrance of 
how September 11 changed the course of our Nation's history.
  Let us never forget the lives that were lost and the lessons that 
were learned that day.
  Ms. BALDWIN. Mr. Speaker, I rise on the eighth anniversary of 
September 11th to commemorate this momentous day in American history. 
My heart goes out to the thousands of innocent people who were taken 
from their loved ones and fellow citizens, and I am mindful of the many 
sacrifices made by the members of our armed forces and their families 
as they stand in harm's way to protect our great nation.
  The victims of the September 11th attacks were a microcosm of 
America. In the Twin Towers, on the hijacked planes, at the Pentagon, 
there were mothers, fathers, sons, daughters, brothers, sisters, 
friends; there were millionaire bond traders and minimum wage busboys; 
there were service men and women, police officers and firefighters; 
there were people of every race and religion, from dozens of countries, 
all with their own dreams and disappointments; all bound by an 
invisible thread . . . our common humanity. And we are forever bound to 
them, and to each other.
  September 11th, 2001 was one of our nation's darkest days. But it 
illuminated some simple and important truths . . . that it means 
something special to be an American--something more than the 
happenstance of where you were born. It relates to the unending quest 
on the part of ``we the people'' to ``form a more perfect union'' and 
to a concept of the common good. Being an American means having a 
commitment to our collective well-being.
  In memory of all those who perished on September 11th, in respect to 
the survivors, in gratitude to the rescuers, and for the sake of 
ourselves and our posterity, I recall the words of President Kennedy: 
``Let us not be blind to our differences--but let us also direct 
attention to our common interests and to the means by which those 
differences can be resolved. And if we cannot end now our differences, 
at least we can help make the world safe for diversity. For, in the 
final analysis, our most basic common link is that we all inhabit this 
small planet. We all breathe the same air. We all cherish our 
children's future. And we are all mortal.''
  Mr. Speaker, during the vote on H. Res. 722, a resolution expressing 
the sense of the House of Representatives regarding the terrorist 
attacks launched against the U.S. on September 11th, 2001, I was absent 
from the House. I want my colleagues and constituents of the 2nd 
District of Wisconsin to know that I intended to vote yes on this 
resolution. I am grateful to my colleagues, Mr. Hoyer and Mr. Boehner, 
for their work in seeing it passed.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Berman) that the House suspend the rules 
and agree to the resolution, H. Res. 722.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ACKERMAN. 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 and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




     REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 965, 
      CHESAPEAKE BAY GATEWAYS AND WATERTRAILS NETWORK CONTINUING 
                           AUTHORIZATION ACT

  Mr. PERLMUTTER, from the Committee on Rules, submitted a privileged 
report (Rept. No. 111-249) on the resolution (H. Res. 726) providing 
for consideration of the bill (H.R. 965) to amend the Chesapeake Bay 
Initiative Act of 1998 to provide for the continuing authorization of 
the Chesapeake Bay Gateways and Watertrails Network, which was referred 
to the House Calendar and ordered to be printed.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 
will resume on motions to suspend the rules previously postponed.
  Votes will be taken in the following order:
  House Resolution 447, by the yeas and nays;

[[Page 21265]]

  H.R. 2097, by the yeas and nays;
  H.R. 2498, by the yeas and nays;
  House Resolution 722, by the yeas and nays.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.

                          ____________________




 RECOGNIZING CONTRIBUTIONS OF AMERICAN COUNCIL OF ENGINEERING COMPANIES

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 447, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Tonko) that the House suspend the rules 
and agree to the resolution, H. Res. 447.
  The vote was taken by electronic device, and there were--yeas 420, 
nays 0, not voting 13, as follows:

                             [Roll No. 690]

                               YEAS--420

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     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
     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
     Chu
     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 (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)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     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
     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.
     Mack
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     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)
     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
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     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 (FL)

                             NOT VOTING--13

     Baldwin
     Boyd
     Davis (IL)
     Delahunt
     Lynch
     Maffei
     McCarthy (NY)
     McMorris Rodgers
     Slaughter
     Smith (NJ)
     Sutton
     Tanner
     Young (AK)

                              {time}  1452

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

                          ____________________




            MOMENT OF SILENCE COMMEMORATING THE 9/11 ATTACKS

  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 memory of the victims of the terrorist attacks on 
September 11, 2001.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

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

                          ____________________




              STAR-SPANGLED BANNER COMMEMORATIVE COIN ACT

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill, H.R. 2097, on which the 
yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Watt) that the House suspend the 
rules and pass the bill, H.R. 2097.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 419, 
nays 1, not voting 13, as follows:

                             [Roll No. 691]

                               YEAS--419

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     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
     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
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson

[[Page 21266]]


     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     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)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     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
     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
     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.
     Mack
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     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
     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
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Smith (NE)
     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
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NAYS--1

       
     Paul
       

                             NOT VOTING--13

     Baldwin
     Boustany
     Boyd
     Davis (IL)
     Delahunt
     Kirk
     Lynch
     Maffei
     McCarthy (NY)
     Slaughter
     Smith (NJ)
     Tanner
     Young (AK)

                              {time}  1503

  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.

                          ____________________




                  WILLIAM O. LIPINSKI FEDERAL BUILDING

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill, H.R. 2498, on which the 
yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 2498.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 419, 
nays 0, not voting 14, as follows:

                             [Roll No. 692]

                               YEAS--419

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     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
     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
     Chu
     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 (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)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     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 (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.
     Mack
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     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)
     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
     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
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space

[[Page 21267]]


     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
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                             NOT VOTING--14

     Baldwin
     Boustany
     Boyd
     Davis (IL)
     Delahunt
     Frank (MA)
     Lynch
     Maffei
     McCarthy (NY)
     Rush
     Slaughter
     Smith (NJ)
     Tanner
     Young (AK)

                              {time}  1510

  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.

                          ____________________




       EXPRESSING SENSE OF THE HOUSE REGARDING SEPTEMBER 11, 2001

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 722, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Berman) that the House suspend the rules 
and agree to the resolution, H. Res. 722.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 416, 
nays 0, not voting 18, as follows:

                             [Roll No. 693]

                               YEAS--416

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     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
     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
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     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)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     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
     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.
     Mack
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     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)
     Paul
     Paulsen
     Payne
     Pelosi
     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
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Smith (NE)
     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
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Yarmuth
     Young (FL)

                             NOT VOTING--18

     Baldwin
     Boyd
     Carnahan
     Coble
     Davis (IL)
     Delahunt
     Lynch
     Maffei
     McCarthy (NY)
     McHugh
     Ros-Lehtinen
     Schmidt
     Slaughter
     Smith (NJ)
     Tanner
     Wilson (OH)
     Wu
     Young (AK)

                              {time}  1528

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

                          ____________________




                          PERSONAL EXPLANATION

  Ms. SLAUGHTER. Mr. Speaker, I was unavoidably detained and missed 
rollcall votes Nos. 690, 691, 692 and 693. Had I been present, I would 
have voted ``yea'' on rollcall votes Nos. 690, 691, 692 and 693.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

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

                                              Office of the Clerk,


                                     House of Representatives,

                                   Washington, DC, August 6, 2009.
     Hon. Nancy Pelosi,
     The Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of Rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on August 6, 2009, at 8:27 
     p.m.:
       That the Senate passed without amendment H.R. 3435.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

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

                                              Office of the Clerk,


                                     House of Representatives,

                                   Washington, DC, August 7, 2009.
     Hon. Nancy Pelosi,
     The Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     clause 2(h) of Rule II

[[Page 21268]]

     of the Rules of the U.S. House of Representatives, the Clerk 
     received the following message from the Secretary of the 
     Senate on August 7, 2009, at 9:16 a.m.:
       That the Senate passed with an amendment H.R. 1016.
       That the Senate passed without an amendment H.R. 3325.
       Appointments:
       British-American Interparliamentary Group.
       Board of Directors of the Mickey Leland National Urban Air 
     Toxics Research Center.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

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

                                              Office of the Clerk,


                                     House of Representatives,

                                   Washington, DC, August 7, 2009.
     Hon. Nancy Pelosi,
     The Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of Rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on August 7, 2009, at 12:52 
     p.m.:
       Appointments:
       Advisory Committee on Student Financial Assistance.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




                              {time}  1530
                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. After consultation among the Speaker and the 
majority and minority leaders, and with their consent, the Chair 
announces that, when the two Houses meet tonight in joint session to 
hear an address by the President of the United States, only the doors 
immediately opposite the Speaker and those immediately to her left and 
right will be open.
  No one will be allowed on the floor of the House who does not have 
the privilege of the floor of the House. Due to the large attendance 
that is anticipated, the rule regarding the privilege of the floor must 
be strictly enforced. Children of Members will not be permitted on the 
floor. The cooperation of all Members is requested.
  The practice of reserving seats prior to the joint session by placard 
will not be allowed. Members may reserve their seats only by physical 
presence following the security sweep of the Chamber.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule 1, the 
Chair declares the House in recess until approximately 7:35 p.m. for 
the purpose of receiving in joint session the President of the United 
States.
  Accordingly (at 3 o'clock and 31 minutes p.m.), the House stood in 
recess until approximately 7:35 p.m.

                          ____________________




                              {time}  1945
                              AFTER RECESS

  The recess having expired, the House was called to order at 7 o'clock 
and 45 minutes p.m.

                          ____________________




 JOINT SESSION OF CONGRESS PURSUANT TO HOUSE CONCURRENT RESOLUTION 179 
                TO RECEIVE A MESSAGE FROM THE PRESIDENT

  The Speaker of the House presided.
  The Majority Floor Services Chief, Mr. Barry Sullivan, announced the 
Vice President and Members of the U.S. Senate, who entered the Hall of 
the House of Representatives, the Vice President taking the chair at 
the right of the Speaker, and the Members of the Senate the seats 
reserved for them.
  The SPEAKER. The Chair appoints as members of the committee on the 
part of the House to escort the President of the United States into the 
Chamber:
  The gentleman from Maryland (Mr. Hoyer);
  The gentleman from South Carolina (Mr. Clyburn);
  The gentleman from Connecticut (Mr. Larson);
  The gentleman from California (Mr. Becerra);
  The gentleman from Maryland (Mr. Van Hollen);
  The gentleman from California (Mr. George Miller);
  The gentlewoman from Connecticut (Ms. DeLauro);
  The gentleman from Rhode Island (Mr. Kennedy);
  The gentleman from Ohio (Mr. Boehner);
  The gentleman from Virginia (Mr. Cantor);
  The gentleman from Indiana (Mr. Pence);
  The gentleman from Michigan (Mr. McCotter);
  The gentleman from Texas (Mr. Carter);
  The gentleman from Texas (Mr. Sessions);
  The gentleman from California (Mr. McCarthy); and
  The gentleman from Missouri (Mr. Blunt).
  The VICE PRESIDENT. The President of the Senate, at the direction of 
that body, appoints the following Senators as a committee on the part 
of the Senate to escort the President of the United States into the 
House Chamber:
  The Senator from Nevada (Mr. Reid);
  The Senator from Illinois (Mr. Durbin);
  The Senator from New York (Mr. Schumer);
  The Senator from Washington (Mrs. Murray);
  The Senator from New Jersey (Mr. Menendez);
  The Senator from North Dakota (Mr. Dorgan);
  The Senator from Michigan (Ms. Stabenow);
  The Senator from Kentucky (Mr. McConnell);
  The Senator from Arizona (Mr. Kyl);
  The Senator from Tennessee (Mr. Alexander);
  The Senator from Alaska (Ms. Murkowski);
  The Senator from South Dakota (Mr. Thune); and
  The Senator from Texas (Mr. Cornyn).
  The Majority Floor Services Chief announced the Acting Dean of the 
Diplomatic Corps, His Excellency Abdulwahab A. Al Hajjri, Ambassador of 
the Republic of Yemen.
  The Acting Dean of the Diplomatic Corps entered the Hall of the House 
of Representatives and took the seat reserved for him.
  The Majority Floor Services Chief announced the Cabinet of the 
President of the United States.
  The members of the Cabinet of the President of the United States 
entered the Hall of the House of Representatives and took the seats 
reserved for them in front of the Speaker's rostrum.
  At 8 o'clock and 10 minutes p.m., the Majority Floor Services Chief 
and the Sergeant at Arms, the Honorable Wilson Livingood, announced the 
President of the United States.
  The President of the United States, escorted by the committee of 
Senators and Representatives, entered the Hall of the House of 
Representatives and stood at the Clerk's desk.
  (Applause, the Members rising.)
  The SPEAKER. Members of the Congress, I have the high privilege and 
the distinct honor of presenting to you the President of the United 
States.
  (Applause, the Members rising.)
  The PRESIDENT. Madam Speaker, Vice President Biden, Members of 
Congress, and the American people:
  When I spoke here last winter, the Nation was facing the worst 
economic crisis since the Great Depression. We were losing an average 
of 700,000 jobs per month. Credit was frozen. And our financial system 
was on the verge of collapse.
  As any American who is still looking for work or a way to pay their 
bills will tell you, we are by no means out of the woods. A full and 
vibrant recovery is still many months away. And I will not let up until 
those Americans who seek jobs can find them; until those businesses 
that seek capital and credit can thrive; until all responsible 
homeowners can stay in their homes. That is

[[Page 21269]]

our ultimate goal. But thanks to the bold and decisive action we have 
taken since January, I can stand here with confidence and say that we 
have pulled this economy back from the brink.
  I want to thank the Members of this body for your efforts and your 
support in these last several months, and especially those who have 
taken the difficult votes that have put us on a path to recovery. I 
also want to thank the American people for their patience and resolve 
during this trying time for our Nation.
  But we did not come here just to clean up crises. We came here to 
build a future. So tonight, I return to speak to all of you about an 
issue that is central to that future--and that is the issue of health 
care.
  I am not the first President to take up this cause, but I am 
determined to be the last. It has now been nearly a century since 
Theodore Roosevelt first called for health care reform. And ever since, 
nearly every President and Congress, whether Democrat or Republican, 
has attempted to meet this challenge in some way. A bill for 
comprehensive health reform was first introduced by John Dingell, Sr. 
in 1943. Sixty-five years later, his son continues to introduce that 
same bill at the beginning of each session.
  Our collective failure to meet this challenge--year after year, 
decade after decade--has led us to a breaking point. Everyone 
understands the extraordinary hardships that are placed on the 
uninsured, who live every day just one accident or illness away from 
bankruptcy. These are not primarily people on welfare. These are 
middle-class Americans. Some can't get insurance on the job. Others are 
self-employed and can't afford it, since buying insurance on your own 
costs you three times as much as the coverage you get from your 
employer. Many other Americans who are willing and able to pay are 
still denied insurance due to previous illnesses or conditions that 
insurance companies decide are too risky or too expensive to cover.
  We are the only advanced democracy on Earth--the only wealthy 
nation--that allows such hardships for millions of its people. There 
are now more than 30 million American citizens who can't get coverage. 
In just a 2-year period, one in every three Americans goes without 
health care coverage at some point. And every day, 14,000 Americans 
lose their coverage. In other words, it can happen to anyone.
  But the problem that plagues the health care system is not just a 
problem for the uninsured. Those who do have insurance have never had 
less security or stability than they do today. More and more Americans 
worry that if you move, lose your job, or change your job, you'll lose 
your health insurance too. More and more Americans pay their premiums, 
only to discover that their insurance company has dropped their 
coverage when they get sick, or won't pay the full cost of care. It 
happens every day.
  One man from Illinois lost his coverage in the middle of chemotherapy 
because his insurer found that he hadn't reported gallstones that he 
didn't even know about. They delayed his treatment, and he died because 
of it. Another woman from Texas was about to get a double mastectomy 
when her insurance company canceled her policy because she forgot to 
declare a case of acne. By the time she had her insurance reinstated, 
her breast cancer had more than doubled in size. That is heart-
breaking, it is wrong, and no one should be treated that way in the 
United States of America.
  Then there's the problem of rising costs. We spend one-and-a-half 
times more per person on health care than any other country, but we 
aren't any healthier for it. This is one of the reasons that insurance 
premiums have gone up three times faster than wages. It's why so many 
employers--especially small businesses--are forcing their employees to 
pay more for insurance, or are dropping their coverage entirely. It's 
why so many aspiring entrepreneurs cannot afford to open a business in 
the first place, and why American businesses that compete 
internationally--like our automakers--are at a huge disadvantage. And 
it's why those of us with health insurance are also paying a hidden and 
growing tax for those without it--about $1,000 per year that pays for 
somebody else's emergency room and charitable care.
  Finally, our health care system is placing an unsustainable burden on 
taxpayers. When health care costs grow at the rate they have, it puts 
greater pressure on programs like Medicare and Medicaid. If we do 
nothing to slow these skyrocketing costs, we will eventually be 
spending more on Medicare and Medicaid than every other government 
program combined. Put simply, our health care problem is our deficit 
problem. Nothing else even comes close.
  These are the facts. Nobody disputes them. We know we must reform 
this system. The question is how.
  There are those on the left who believe that the only way to fix the 
system is through a single-payer system like Canada's, where we would 
severely restrict the private insurance market and have the government 
provide coverage for everybody. On the right, there are those who argue 
that we should end the employer-based system and leave individuals to 
buy health insurance on their own.
  I have to say that there are arguments to be made for both these 
approaches. But either one would represent a radical shift that would 
disrupt the health care most people currently have. Since health care 
represents one-sixth of our economy, I believe it makes more sense to 
build on what works and fix what doesn't, rather than try to build an 
entirely new system from scratch. And that is precisely what those of 
you in Congress have tried to do over the past several months.
  During that time, we have seen Washington at its best and at its 
worst.
  We've seen many in this Chamber work tirelessly for the better part 
of this year to offer thoughtful ideas about how to achieve reform. Of 
the five committees asked to develop bills, four have completed their 
work, and the Senate Finance Committee announced today that it will 
move forward next week. That has never happened before. Our overall 
efforts have been supported by an unprecedented coalition of doctors 
and nurses; hospitals, seniors' groups, and even drug companies--many 
of whom opposed reform in the past. And there is agreement in this 
Chamber on about 80 percent of what needs to be done, putting us closer 
to the goal of reform than we have ever been.
  But what we have also seen in these last months is the same partisan 
spectacle that only hardens the disdain many Americans have toward 
their own government. Instead of honest debate, we've seen scare 
tactics. Some have dug into unyielding ideological camps that offer no 
hope of compromise. Too many have used this as an opportunity to score 
short-term political points, even if it robs the country of our 
opportunity to solve a long-term challenge. And out of this blizzard of 
charges and countercharges, confusion has reigned.
  Well, the time for bickering is over. The time for games has passed. 
Now is the season for action. Now is when we must bring the best ideas 
of both parties together, and show the American people that we can 
still do what we were sent here to do. Now is the time to deliver on 
health care.
  The plan I'm announcing tonight would meet three basic goals:
  It will provide more security and stability to those who have health 
insurance. It will provide insurance to those who don't. And it will 
slow the growth of health care costs for our families, our businesses, 
and our government. It's a plan that asks everyone to take 
responsibility for meeting this challenge--not just government, not 
just insurance companies, but everybody, including employers and 
individuals. And it's a plan that incorporates ideas from Senators and 
Congressmen; from Democrats and Republicans--and yes, from some of my 
opponents in both the primary and general election.
  Here are the details that every American needs to know about this 
plan:
  First, if you are among the hundreds of millions of Americans who 
already have health insurance through your

[[Page 21270]]

job, or Medicare, or Medicaid, or the VA, nothing in this plan will 
require you or your employer to change the coverage or the doctor you 
have. Let me repeat this: nothing in our plan requires you to change 
what you have.
  What this plan will do is make the insurance you have work better for 
you. Under this plan, it will be against the law for insurance 
companies to deny you coverage because of a preexisting condition. As 
soon as I sign this bill, it will be against the law for insurance 
companies to drop your coverage when you get sick or water it down when 
you need it the most. They will no longer be able to place some 
arbitrary cap on the amount of coverage you can receive in a given year 
or in a lifetime. We will place a limit on how much you can be charged 
for out-of-pocket expenses, because in the United States of America, no 
one should go broke because they get sick. And insurance companies will 
be required to cover, with no extra charge, routine checkups and 
preventive care, like mammograms and colonoscopies--because there's no 
reason we shouldn't be catching diseases like breast cancer and colon 
cancer before they get worse. That makes sense, it saves money, and it 
saves lives.
  That's what Americans who have health insurance can expect from this 
plan--more security and more stability.
  Now, if you're one of the tens of millions of Americans who don't 
currently have health insurance, the second part of this plan will 
finally offer you quality, affordable choices. If you lose your job or 
you change your job, you will be able to get coverage. If you strike 
out on your own and start a small business, you'll be able to get 
coverage. We will do this by creating a new insurance exchange--a 
marketplace where individuals and small businesses will be able to shop 
for health insurance at competitive prices. Insurance companies will 
have an incentive to participate in this exchange because it lets them 
compete for millions of new customers. As one big group, these 
customers will have greater leverage to bargain with the insurance 
companies for better prices and quality coverage. This is how large 
companies and government employees get affordable insurance. It's how 
everyone in this Congress gets affordable insurance. And it's time to 
give every American the same opportunity that we've given ourselves.
  For those individuals and small businesses who still can't afford the 
lower-priced insurance available in the exchange, we'll provide tax 
credits, the size of which will be based on your need. And all 
insurance companies that want access to this new marketplace will have 
to abide by the consumer protections I already mentioned. This exchange 
will take effect in 4 years, which will give us time to do it right. In 
the meantime, for those Americans who can't get insurance today because 
they have preexisting medical conditions, we will immediately offer 
low-cost coverage that will protect you against financial ruin if you 
become seriously ill. This was a good idea when Senator John McCain 
proposed it in the campaign, it's a good idea now, and we should all 
embrace it.
  Now, even if we provide these affordable options, there may be 
those--especially the young and the healthy--who still want to take the 
risk and go without coverage. There may still be companies that refuse 
to do right by their workers by giving them coverage. The problem is, 
such irresponsible behavior costs all the rest of us money. If there 
are affordable options and people still don't sign up for health 
insurance, it means we pay for these people's expensive emergency room 
visits. If some businesses don't provide workers health care, it forces 
the rest of us to pick up the tab when their workers get sick, and give 
those businesses an unfair advantage over their competitors. And unless 
everybody does their part, many of the insurance reforms we seek--
especially requiring insurance companies to cover preexisting 
conditions--just can't be achieved.
  That's why under my plan, individuals will be required to carry basic 
health insurance--just as most States require you to carry auto 
insurance. Likewise, businesses will be required to either offer their 
workers health care, or chip in to help cover the cost of their 
workers. There will be a hardship waiver for those individuals who 
still can't afford coverage, and 95 percent of all small businesses, 
because of their size and narrow profit margin, would be exempt from 
these requirements. But we can't have large businesses and individuals 
who can afford coverage game the system by avoiding responsibility to 
themselves or their employees. Improving our health care system only 
works if everybody does their part.
  While there remain some significant details to be ironed out, I 
believe a broad consensus exists for the aspects of the plan I just 
outlined: consumer protections for those with insurance, an exchange 
that allows individuals and small businesses to purchase affordable 
coverage, and a requirement that people who can afford insurance get 
insurance.
  And I have no doubt that these reforms would greatly benefit 
Americans from all walks of life, as well as the economy as a whole. 
Still, given all the misinformation that's been spread over the past 
few months, I realize that many Americans have grown nervous about 
reform. So tonight I want to address some of the key controversies that 
are still out there.
  Some of people's concerns have grown out of bogus claims spread by 
those whose only agenda is to kill reform at any cost. The best example 
is the claim, made not just by radio and cable talk show hosts, but by 
prominent politicians, that we plan to set up panels of bureaucrats 
with the power to kill off senior citizens. Such a charge would be 
laughable if it weren't so cynical and irresponsible. It is a lie, 
plain and simple.
  There are also those who claim that our reform efforts will insure 
illegal immigrants. This, too, is false. The reforms I am proposing 
would not apply to those who are here illegally. And one more 
misunderstanding I want to clear up--under our plan, no Federal dollars 
will be used to fund abortions, and Federal conscience laws will remain 
in place.
  My health care proposal has also been attacked by some who oppose 
reform as a ``government takeover'' of the entire health care system. 
As proof, critics point to a provision in our plan that allows the 
uninsured and small businesses to choose a publicly sponsored insurance 
option administered by the government just like Medicaid or Medicare.
  So let me set the record straight here. My guiding principle is, and 
always has been, that consumers do better when there is choice and 
competition. That's how the market works. Unfortunately, in 34 States, 
75 percent of the insurance market is controlled by five or fewer 
companies. In Alabama, almost 90 percent is controlled by just one 
company. Without competition, the price of insurance goes up and the 
quality goes down. And it makes it easier for insurance companies to 
treat their customers badly--by cherry-picking the healthiest 
individuals and trying to drop the sickest; by overcharging small 
businesses who have no leverage; and by jacking up rates.
  Insurance executives don't do this because they are bad people. They 
do it because it's profitable. As one former insurance executive 
testified before Congress, insurance companies are not only encouraged 
to find reasons to drop the seriously ill; they are rewarded for it. 
All of this is in service of meeting what this former executive called 
``Wall Street's relentless profit expectations.''
  Now, I have no interest in putting insurance companies out of 
business. They provide a legitimate service, and employ a lot of our 
friends and neighbors. I just want to hold them accountable. The 
insurance reforms that I've already mentioned would do just that. But 
an additional step we can take to keep insurance companies honest is by 
making a not-for-profit public option available in the insurance 
exchange. Let me be clear--it would only be an option for those who 
don't have insurance. No one would be forced to choose it, and it would 
not impact those of you who already have insurance. In

[[Page 21271]]

fact, based on Congressional Budget Office estimates, we believe that 
less than 5 percent of Americans would sign up.
  Despite all this, the insurance companies and their allies don't like 
this idea. They argue that these private companies can't fairly compete 
with the government. And they'd be right if taxpayers were subsidizing 
this public insurance option. But they won't be. I have insisted that 
like any private insurance company, the public insurance option would 
have to be self-sufficient and rely on the premiums it collects. But by 
avoiding some of the overhead that gets eaten up at private companies 
by profits, excessive administrative costs and executive salaries, it 
could provide a good deal for consumers. It would also keep pressure on 
private insurers to keep their policies affordable and treat their 
customers better, the same way public colleges and universities provide 
additional choice and competition to students without in any way 
inhibiting a vibrant system of private colleges and universities.
  It's worth noting that a strong majority of Americans still favor a 
public insurance option of the sort I've proposed tonight. But its 
impact shouldn't be exaggerated--by the left, or the right, or the 
media. It is only one part of my plan, and shouldn't be used as a handy 
excuse for the usual Washington ideological battles. To my progressive 
friends, I would remind you that the driving idea behind reform has 
been to end insurance company abuses and make coverage affordable for 
those without it. The public option is only a means to that end--and we 
should remain open to other ideas that accomplish our ultimate goal. 
And to my Republican friends, I say that rather than making wild claims 
about a government takeover of health care, we should work together to 
address any legitimate concerns you may have.
  For example, some have suggested that the public option go into 
effect only in those markets where insurance companies are not 
providing affordable policies. Others have proposed a co-op or another 
nonprofit entity to administer the plan. These are all constructive 
ideas worth exploring. But I will not back down on the basic principle 
that if Americans can't find affordable coverage, we will provide you 
with a choice. And I will make sure that no government bureaucrat or 
insurance company bureaucrat gets between you and the care that you 
need.
  Finally, let me discuss an issue that is a great concern to me, to 
Members of this Chamber, and to the public--and that's how we pay for 
this plan.
  Here's what you need to know. First, I will not sign a plan that adds 
one dime to our deficits--either now or in the future. Period. And to 
prove that I'm serious, there will be a provision in this plan that 
requires us to come forward with more spending cuts if the savings we 
promised don't materialize. Part of the reason I faced a trillion-
dollar deficit when I walked in the door of the White House is because 
too many initiatives over the last decade were not paid for--from the 
Iraq war to tax breaks for the wealthy. I will not make that same 
mistake with health care.
  Second, we've estimated that most of this plan can be paid for by 
finding savings within the existing health care system--a system that 
is currently full of waste and abuse. Right now, too much of the hard-
earned savings and tax dollars we spend on health care don't make us 
any healthier. That's not my judgment--it's the judgment of medical 
professionals across this country. And this is also true when it comes 
to Medicare and Medicaid.
  In fact, I want to speak directly to seniors for a moment, because 
Medicare is another issue that's been subjected to demagoguery and 
distortion during the course of this debate.
  More than four decades ago, this Nation stood up for the principle 
that after a lifetime of hard work, our seniors should not be left to 
struggle with a pile of medical bills in their later years. That's how 
Medicare was born. And it remains a sacred trust that must be passed 
down from one generation to the next. That is why not a dollar of the 
Medicare trust fund will be used to pay for this plan.
  The only thing this plan would eliminate is the hundreds of billions 
of dollars in waste and fraud, as well as unwarranted subsidies in 
Medicare that go to insurance companies--subsidies that do everything 
to pad their profits but don't improve the care of seniors. And we will 
also create an independent commission of doctors and medical experts 
charged with identifying more waste in the years ahead.
  These steps will ensure that you--America's seniors--get the benefits 
you've been promised. They will ensure that Medicare is there for 
future generations. And we can use some of the savings to fill the gap 
in coverage that forces too many seniors to pay thousands of dollars a 
year out of their own pockets for prescription drugs. That's what this 
plan will do for you. So don't pay attention to those scary stories 
about how your benefits will be cut--especially since some of the same 
folks who are spreading these tall tales have fought against Medicare 
in the past, and just this year supported a budget that would 
essentially have turned Medicare into a privatized voucher program. 
That will not happen on my watch. I will protect Medicare.
  Now, because Medicare is such a big part of the health care system, 
making the program more efficient can help usher in changes in the way 
we deliver health care that can reduce costs for everybody. We have 
long known that some places, like the Intermountain Healthcare in Utah 
or the Geisinger Health System in rural Pennsylvania, offer high-
quality care at costs below average. So the commission can help 
encourage the adoption of these commonsense best practices by doctors 
and medical professionals throughout the system--everything from 
reducing hospital infection rates to encouraging better coordination 
between teams of doctors.
  Reducing the waste and inefficiency in Medicare and Medicaid will pay 
for most of this plan. Much of the rest would be paid for with revenues 
from the very same drug and insurance companies that stand to benefit 
from tens of millions of new customers. This reform will charge 
insurance companies a fee for their most expensive policies, which will 
encourage them to provide greater value for the money--an idea which 
has the support of Democratic and Republican experts. And according to 
these same experts, this modest change could help hold down the cost of 
health care for all of us in the long run.
  Finally, many in this Chamber--particularly on the Republican side of 
the aisle--have long insisted that reforming our medical malpractice 
laws can help bring down the cost of health care. I don't believe 
malpractice reform is a silver bullet, but I have talked to enough 
doctors to know that defensive medicine may be contributing to 
unnecessary costs. So I am proposing that we move forward on a range of 
ideas about how to put patient safety first and let doctors focus on 
practicing medicine. I know that the Bush administration considered 
authorizing demonstration projects in individual States to test these 
ideas. I think it's a good idea, and I am directing my Secretary of 
Health and Human Services to move forward on this initiative today.
  Add it all up, and the plan I'm proposing will cost around $900 
billion over 10 years--less than we have spent on the Iraq and 
Afghanistan wars, and less than the tax cuts for the wealthiest few 
Americans that Congress passed at the beginning of the previous 
administration. Most of these costs will be paid for with money already 
being spent--but spent badly--in the existing health care system. The 
plan will not add to our deficit. The middle class will realize greater 
security, not higher taxes. And if we are able to slow the growth of 
health care costs by just one-tenth of 1 percent each year, it will 
actually reduce the deficit by $4 trillion over the long term.
  This is the plan I'm proposing. It's a plan that incorporates ideas 
from many of the people in this room tonight--Democrats and 
Republicans. And I will continue to seek common ground in the weeks 
ahead. If you come to me with a serious set of proposals, I will be 
there to listen. My door is always open.

[[Page 21272]]

  But know this: I will not waste time with those who have made the 
calculation that it's better politics to kill this plan than to improve 
it. I won't stand by while the special interests use the same old 
tactics to keep things exactly the way they are. If you misrepresent 
what's in this plan, we will call you out. And I will not accept the 
status quo as a solution. Not this time. Not now.
  Everyone in this room knows what will happen if we do nothing. Our 
deficit will grow. More families will go bankrupt. More businesses will 
close. More Americans will lose their coverage when they are sick and 
need it the most. And more will die as a result. We know these things 
to be true.
  That is why we cannot fail. Because there are too many Americans 
counting on us to succeed--the ones who suffer silently, and the ones 
who shared their stories with us at town halls, in e-mails, and in 
letters.
  I received one of those letters a few days ago. It was from our 
beloved friend and colleague, Ted Kennedy. He had written it back in 
May, shortly after he was told that his illness was terminal. He asked 
that it be delivered upon his death.
  In it, he spoke about what a happy time his last months were, thanks 
to the love and support of family and friends, his wife, Vicki, and his 
amazing children, who are all here tonight. And he expressed confidence 
that this would be the year that health care reform--``that great 
unfinished business of our society,'' he called it--would finally pass. 
He repeated the truth that health care is decisive for our future 
prosperity, but he also reminded me that ``it concerns more than 
material things.'' ``What we face,'' he wrote, ``is above all a moral 
issue; at stake are not just the details of policy, but fundamental 
principles of social justice and the character of our country.''
  I've thought about that phrase quite a bit in recent days--the 
character of our country. One of the unique and wonderful things about 
America has always been our self-reliance, our rugged individualism, 
our fierce defense of freedom and our healthy skepticism of government. 
And figuring out the appropriate size and role of government has always 
been a source of rigorous and, yes, sometimes angry debate. That's our 
history.
  For some of Ted Kennedy's critics, his brand of liberalism 
represented an affront to American liberty. In their minds, his passion 
for universal health care was nothing more than a passion for big 
government.
  But those of us who knew Teddy and worked with him here--people of 
both parties--know that what drove him was something more. His friend 
Orrin Hatch knows that. They worked together to provide children with 
health insurance. His friend John McCain knows that. They worked 
together on a Patient's Bill of Rights. His friend Chuck Grassley knows 
that. They worked together to provide health care to children with 
disabilities.
  On issues like these, Ted Kennedy's passion was born not of some 
rigid ideology, but of his own experience. It was the experience of 
having two children stricken with cancer. He never forgot the sheer 
terror and helplessness that any parent feels when a child is badly 
sick; and he was able to imagine what it must be like for those without 
insurance; what it would be like to have to say to a wife or a child or 
an aging parent--there is something that could make you better, but I 
just can't afford it.
  That large-heartedness--that concern and regard for the plight of 
others--is not a partisan feeling. It is not a Republican or a 
Democratic feeling. It, too, is part of the American character. Our 
ability to stand in other people's shoes. A recognition that we are all 
in this together; that when fortune turns against one of us, others are 
there to lend a helping hand. A belief that in this country, hard work 
and responsibility should be rewarded by some measure of security and 
fair play; and an acknowledgment that sometimes government has to step 
in to help deliver on that promise.
  This has always been the history of our progress. In 1935, when over 
half of our seniors could not support themselves and millions had seen 
their savings wiped away, there were those who argued that Social 
Security would lead to socialism. But the men and women of Congress 
stood fast, and we are all the better for it. In 1965, when some argued 
that Medicare represented a government takeover of health care, Members 
of Congress, Democrats and Republicans, did not back down. They joined 
together so that all of us could enter our golden years with some basic 
peace of mind.
  You see, our predecessors understood that government could not, and 
should not, solve every problem. They understood that there are 
instances when the gains in security from government action are not 
worth the added constraints on our freedom. But they also understood 
that the danger of too much government is matched by the perils of too 
little; that without the leavening hand of wise policy, markets can 
crash, monopolies can stifle competition, and the vulnerable can be 
exploited. And they knew that when any government measure, no matter 
how carefully crafted or beneficial, is subject to scorn; when any 
efforts to help people in need are attacked as un-American; when facts 
and reason are thrown overboard and only timidity passes for wisdom, 
and we can no longer even engage in a civil conversation with each 
other over the things that truly matter--that at that point we don't 
merely lose our capacity to solve big challenges. We lose something 
essential about ourselves.
  What was true then remains true today. I understand how difficult 
this health care debate has been. I know that many in this country are 
deeply skeptical that government is looking out for them. I understand 
that the politically safe move would be to kick the can further down 
the road--to defer reform one more year, or one more election, or one 
more term.
  But that is not what this moment calls for. That's not what we came 
here to do. We did not come to fear the future. We came here to shape 
it. I still believe we can act even when it's hard. I still believe we 
can replace acrimony with civility, and gridlock with progress. I still 
believe we can do great things, and that here and now we will meet 
history's test.
  Because that is who we are. That is our calling. That is our 
character. Thank you, God bless you, and may God bless the United 
States of America.
  (Applause, the Members rising.)
  At 9 o'clock and 6 minutes p.m., the President of the United States, 
accompanied by the committee of escort, retired from the Hall of the 
House of Representatives.
  The Majority Floor Services Chief escorted the invited guests from 
the Chamber in the following order:
  The members of the President's Cabinet;
  The Acting Dean of the Diplomatic Corps.

                          ____________________




                        JOINT SESSION DISSOLVED

  The SPEAKER. The Chair declares the joint session of the two Houses 
now dissolved.
  Accordingly, at 9 o'clock and 7 minutes p.m., the joint session of 
the two Houses was dissolved.
  The Members of the Senate retired to their Chamber.

                          ____________________




 MESSAGE OF THE PRESIDENT REFERRED TO THE COMMITTEE OF THE WHOLE HOUSE 
                       ON THE STATE OF THE UNION

  Ms. WASSERMAN SCHULTZ. Mr. Speaker, I move that the message of the 
President be referred to the Committee of the Whole House on the state 
of the Union and ordered printed.
  The motion was agreed to.

                          ____________________




                              ADJOURNMENT

  Ms. WASSERMAN SCHULTZ. Mr. Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly (at 9 o'clock and 10 minutes 
p.m.), the House adjourned until tomorrow, Thursday, September 10, 
2009, at 10 a.m.

[[Page 21273]]



                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

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

       3203. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Sabine-Neches Canal, Sabine River, Orange, TX 
     [USCG-2008-1269] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3204. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Lower Mississippi River (LMR), Mile Marker 
     532 to 530, Greenville, MS [COTP Lower Mississippi River-08-
     020] (RIN: 1625-AA00) received July 30, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3205. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Apalachicola River, Chattahoochee, FL [COTP 
     Mobile-08-008] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3206. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; 200 yards east to 200 west of the Lewis 
     Street Swing Bridge at MM52.5 Bayou Teche, New Iberia, 
     Louisiana, bank to bank [COTP Morgan City-07-009] (RIN: 1625-
     AA00) received July 30, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3207. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; 200 yards east to 200 yards west of the Lewis 
     Street Swing Bridge at MM52.5 Bayou Teche, New Iberia, 
     Louisiana, bank to bank [COTP Morgan City-07-017] (RIN: 1625-
     AA00) received July 30, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3208. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Gulf Intracoastal Waterway MM45 to MM47, WHL, 
     bank to bank [COTP Morgan City-08-006] (RIN: 1625-AA00) 
     received July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       3209. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Position 29-37.30N, 090-55.54W on Shell 
     Canal, off Bayou Black, extending 500 yards in all 
     directions, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       3210. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Lower Mississippi River, Mile Marker 138.5 to 
     Mile Marker 139.85, Above Head of Passes, Reserve, LA [COTP 
     New Orleans-07-012] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3211. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Lower Mississippi River, Mile Marker 175 to 
     Mile Marker 176, Above Head of Passes, Donaldsonville, LA 
     [COTP New Orleans-07-013] (RIN: 1625-AA00) received July 30, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3212. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Harvey Canal, Mile Marker 4.0 to Mile Marker 
     5.0, Harvey, LA [COTP New Orleans-07-016] (RIN: 1625-AA00) 
     received July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       3213. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Lower Mississippi River, Mile Marker 228.8 to 
     Mile Marker 229.8, Above Head of Passes, Baton Rouge, LA 
     [COTP New Orleans-07-017] (RIN: 1625-AA00) received July 30, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3214. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Lower Mississippi River, Mile Marker 229.4 to 
     Mile Marker 230, Abover Head of Passes, Baton Rouge, LA [COTP 
     New Orleans-07-018] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3215. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Lower Mississippi River, Mile 105.6 to Mile 
     106.6, Above Head Passes, Jefferson Parish, LA [COTP New 
     Orleans-08-012] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3216. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Gulf Intracoastal Waterway, Mile Marker 338 
     to 339 Galveston County, TX [Docket No.: USCG-2008-1027] 
     (RIN: 1625-AA00) received July 30, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3217. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Wolf River Chute, Mile Marker 1 to Mile 
     Marker 2, Memphis, TN [Docket No.: USCG-2008-1047] (RIN: 
     1625-AA00) received July 30, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3218. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Ouachita River, Mile Marker 167 to Mile 
     Marker 169, Monroe, LA [Docket No.: USCG-2008-1160] (RIN: 
     1625-AA00) received July 30, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3219. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Tennessee River, Mile 446.0 to 455.0, 
     Chattanooga, TN [Docket No.: USCG-2008-1271] (RIN: 1625-AA00) 
     received July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       3220. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Regattas and Marine Parades; The Snow Row, Hull, MA 
     [Docket No.: USCG-2009-0012] (RIN: 1625-AA08) received July 
     30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       3221. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Missouri River, Mile 377.6 to 377.8 [COTP 
     Upper Mississippi River-08-40] (RIN: 1625-AA00) received July 
     30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       3222. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Illinois River, Mile 162.5 to 162.7 [COTP 
     Upper Mississippi River-08-41] (RIN: 1625-AA00) received July 
     30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       3223. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Saftey Zone; Ohio River, Mile 469.2 to 470.2, Cincinnati, 
     OH [Docket No. USCG-2008-0518] (RIN: 1625-AA00) received July 
     30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       3224. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone: Kanawha River Mile 46.1 to 47.1, Saint 
     Albans, WV [Docket No.: USCG-2008-0528] (RIN: 1625-AA00) 
     received July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       3225. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Clinch River Mile Marker 0.5 to 1.5, 
     Kingston, TN [Docket No.: USCG-2008-0567] (RIN: 1625-AA00) 
     received July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       3226. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Kanawha River, Mile Marker 54.6 to 56.00, 
     Charleston, WV [Docket No.: USCG-2008-0577] (RIN: 1625--AA00) 
     received July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       3227. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Cumberland River, Mile 190.6 to 191.1, 
     Nashville, TN [Docket No.: USCG-2008-0797] (RIN: 1625-AA00) 
     received July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       3228. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Ohio River, Mile 601.5 to 603.8, Louisville, 
     KY [Docket No.: USCG-2008-0868] (RIN: 1625-AA00) received 
     July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       3229. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone: Kanawha River Mile 57.8 to 59.3, Charleston, 
     WV [Docket No.: USCG-2008-0980] (RIN: 1625-AA00) received 
     July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       3230. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety

[[Page 21274]]

     Zone: Upper Mississippi River at MM 0.5 -- 2.0 [Docket No.: 
     USCG-2008-0994] (RIN: 1625-AA00], pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3231. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Gulf Intracoastal Waterway (GICW) [COTP Port 
     Arthur-08-002] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3232. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Gulf of Mexico, Sabine, TX [COTP Port Arthur-
     08-003] (RIN: 1625-AA00) received July 30, 2009, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3233. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Gulf Intracoastal Waterway (GICW) [COTP Port 
     Arthur-08-004] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3234. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Sabine River and Sabine-Neches Canal [COTP 
     Port Arthur-08-005] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3235. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Ohio River, Mile 469.0 to 471.0, Cincinnati, 
     OH [Docket No.: USCG-2008-0767] (RIN: 1625--AA00) received 
     July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       3236. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Neches River and Sabine-Neches Canal [COTP 
     Port Arthur-08-008] (RIN: 1625-AA00) received July 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3237. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Sabine-Neches Canal [COTP Port Arthur-08-009] 
     (RIN: 1625-AA00) received July 30, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3238. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Calcasieu Ship Channel [COTP Port Arthur-08-
     011] (RIN: 1625-AA00) received July 30, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3239. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Safe Passing Distance and Minimum Safe Speed 
     for Vessels Operating near Coast Guard ATON Vessels, Sector 
     Houston-Galveston; Harris, Galveston, Brazoria and Chambers 
     Counties, Texas [Docket No.: USCG-2008-1025] (RIN: 1625-AA00) 
     received July 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       3240. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Boeing Model 707 Airplanes and 
     Model 720 and 720B Series Airplanes [Docket No.: FAA-2008-
     0645; Directorate Identifier 2007-NM-358-AD; Amendment 39-
     15969; AD 2009-15-06] (RIN: 2120-AA64) received July 28, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3241. A letter from the Program Anaylst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; BAE Systems (Operations) Limited 
     Model BAE 146 and Avro 146-RJ Airplanes [Docket No.: FAA-
     2009-0398; Directorate Identifer 2008-NM-193-AD; Amendment 
     39-15971; AD 2009-15-08] (RIN: 2120-AA64) received July 28, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       3242. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Airbus Model A330-301, -321, -322, 
     -341, and -342 Series Airplanes, and Airbus Model A340-211, -
     212, -213, -311, -312, and -313 Series Airplanes [Docket No.: 
     FAA-2009-0645; Directorate Identifier 2009-NM-034-AD; 
     Amendment 39-15973; AD 2009-15-10] (RIN: 21200-AA64) received 
     July 28, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       3243. A letter from the Program Anaylst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Airbus Model A380-841, -842, and -
     861 Airplanes [Docket No.: FAA-2009-0644; Directorate 
     Identifier 2009-NM-059-AD; Amendment 39-15972; AD 2009-15-09] 
     (RIN: 2120-AA64) received July 28, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       3244. A letter from the Program Anaylst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Aerospatiale Model SN-601 
     (Corvette) Airplanes [Docket No.: FAA-2009-0646; Directorate 
     Identifier 2009-NM-055-AD; Amendment 39-15974; AD 2009-15-11] 
     (RIN: 2120-AA64) received July 28, 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. ARCURI: Committee on Rules. House Resolution 726. 
     Resolution providing for consideration of the bill (H.R. 965) 
     to amend the Chesapeake Bay Initiative Act of 1998 to provide 
     for the continuing authorization of the Chesapeake Bay 
     Gateways and Watertrails Network (Rept. 111-249). 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. DANIEL E. LUNGREN of California:
       H.R. 3542. A bill to direct the Architect of the Capitol to 
     fly the flag of a State over the Capitol each year on the 
     anniversary of the date of the State's admission to the 
     Union; to the Committee on House Administration.
           By Ms. BALDWIN:
       H.R. 3543. A bill to direct the Environmental Protection 
     Agency to establish a product carbon disclosure program to 
     facilitate carbon content labeling, and for other purposes; 
     to the Committee on Energy and Commerce.
           By Mr. FILNER:
       H.R. 3544. A bill to amend title 38, United States Code, to 
     provide guidelines for the establishment of new national 
     cemeteries by the Secretary of Veterans Affairs, and for 
     other purposes; to the Committee on Veterans' Affairs.
           By Mr. HOYER (for himself, Mr. George Miller of 
             California, Mr. Loebsack, Mr. Conyers, Ms. DeLauro, 
             Ms. Fudge, Mr. Massa, Mr. Sarbanes, Mrs. Capps, Mr. 
             Ellsworth, Mr. Sires, Ms. Markey of Colorado, Mr. 
             Fattah, Mr. Grijalva, Mr. Berman, Ms. Clarke, Mr. 
             Himes, Mr. Kennedy, Mr. McGovern, Mr. Stark, Ms. 
             Bordallo, Ms. Schakowsky, Mr. Honda, Mr. Tonko, Ms. 
             Norton, Mr. Carson of Indiana, Ms. Linda T. Sanchez 
             of California, Mr. Ellison, Ms. Matsui, Ms. Jackson-
             Lee of Texas, Mr. Langevin, Mr. Cohen, Mr. Hare, Ms. 
             Richardson, Mr. Rodriguez, Mr. Ryan of Ohio, Mr. 
             Serrano, Mr. Crowley, Mr. Lujan, Mr. Engel, Mr. 
             Olver, Mr. Sablan, Mr. Heinrich, Mr. Butterfield, Mr. 
             Connolly of Virginia, Mr. Sestak, Mr. Davis of 
             Illinois, Mr. Schauer, and Mr. Rush):
       H.R. 3545. A bill to authorize the Secretary of Education 
     to award grants for the support of full-service community 
     schools, and for other purposes; to the Committee on 
     Education and Labor.
           By Mr. SESTAK (for himself, Ms. Bordallo, and Mr. 
             Kagen):
       H.R. 3546. A bill to amend the Small Business Act to make 
     permanent the Community Express Program, and for other 
     purposes; to the Committee on Small Business.
           By Mr. PENCE:
       H. Res. 723. A resolution electing a minority member to a 
     standing committee; considered and agreed to.
           By Mr. SCHIFF (for himself, Mr. Dreier, Ms. Pelosi, Ms. 
             Zoe Lofgren of California, Mr. McKeon, Mrs. 
             Napolitano, Mr. Radanovich, Ms. Roybal-Allard, Mrs. 
             Bono Mack, Ms. Lee of California, Mr. Daniel E. 
             Lungren of California, Mrs. Davis of California, Mr. 
             Calvert, Mr. Berman, Mr. Rohrabacher, Mr. Cardoza, 
             Mr. Nunes, Ms. Loretta Sanchez of California, Mr. 
             Issa, Mrs. Capps, Mr. Herger, Ms. Matsui, Mr. 
             McClintock, Ms. Woolsey, Mr. Bilbray, Mr. Costa, Mr. 
             Gary G. Miller of California, Mr. Farr, Mr. Campbell, 
             Ms. Linda T. Sanchez of California, Mr. McCarthy of 
             California, Mr. Sherman, Mr. Lewis of California, Mr. 
             George Miller of California, Mr. Gallegly, Ms. 
             Speier, Mr. Royce, Mr. Baca, Mr. McNerney, Ms. 
             Harman, Mr. Thompson of California, Ms. Richardson, 
             Mr. Filner, and Ms. Chu):
       H. Res. 724. A resolution honoring the first responders, 
     paying tribute to the victims of the Southern California 
     wildfires, and mourning the loss of Firefighter Captain 
     Tedmund ``Ted'' Hall, and Firefighter Specialist Arnaldo 
     ``Arnie'' Quinones; to the Committee on Oversight and 
     Government Reform; considered and agreed to.

[[Page 21275]]


           By Mr. FILNER (for himself, Mr. Bilbray, Mr. Thompson 
             of Pennsylvania, Mr. Grijalva, Mr. Baca, Mr. 
             Rohrabacher, Mr. Costa, Mrs. Napolitano, Mr. Farr, 
             Ms. Speier, Mr. Cardoza, Mr. Thompson of California, 
             Mr. Sherman, Ms. Linda T. Sanchez of California, and 
             Mrs. Davis of California):
       H. Res. 725. A resolution congratulating the Chula Vista 
     Park View Little League team of Chula Vista, California, for 
     winning the 2009 Little League World Series Championship; to 
     the Committee on Oversight and Government Reform.
           By Mr. ISRAEL (for himself, Ms. DeLauro, Mr. Burton of 
             Indiana, and Mr. Issa):
       H. Res. 727. A resolution supporting the goals and ideals 
     of National Ovarian Cancer Awareness Month; to the Committee 
     on Oversight and Government Reform.
           By Mr. KENNEDY (for himself, Mrs. Bono Mack, and Mr. 
             Larsen of Washington):
       H. Res. 728. A resolution recognizing the importance of 
     ``National Drug Facts Chat Day'' on November 10, 2009; to the 
     Committee on Education and Labor.

                          ____________________




                          ADDITIONAL SPONSORS

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

       H.R. 25: Mr. Bonner.
       H.R. 43: Mr. Rogers of Kentucky, Mr. Johnson of Georgia, 
     and Mr. Murphy of Connecticut.
       H.R. 82: Mr. Marshall.
       H.R. 104: Mr. Jackson of Illinois.
       H.R. 156: Mr. Burgess.
       H.R. 197: Mr. Walden, Mrs. Schmidt, and Mr. Boccieri.
       H.R. 240: Mr. Davis of Kentucky.
       H.R. 275: Mr. Davis of Kentucky, Mrs. Kirkpatrick of 
     Arizona, Mr. King of Iowa, Mr. Chandler, and Mr. LoBiondo.
       H.R. 303: Mr. Roe of Tennessee.
       H.R. 422: Mr. Van Hollen.
       H.R. 450: Mr. Wilson of South Carolina, Mr. Souder, and Mr. 
     Tiahrt.
       H.R. 460: Mr. Waxman.
       H.R. 510: Mr. Blunt, Mr. Scalise, Mr. Lee of New York, and 
     Mr. Posey.
       H.R. 615: Mr. Upton.
       H.R. 621: Mr. Massa, Mr. Boucher, Mr. Stark, and Mr. Davis 
     of Alabama.
       H.R. 673: Mr. Sestak.
       H.R. 678: Mr. Massa.
       H.R. 690: Mr. Altmire.
       H.R. 721: Mr. Carney.
       H.R. 725: Mrs. Kirkpatrick of Arizona, Mr. Reyes, and Mr. 
     Grijalva.
       H.R. 734: Mr. Miller of North Carolina and Mr. Shuler.
       H.R. 745: Mr. Price of North Carolina, Mr. Ryan of 
     Wisconsin, and Mr. Miller of North Carolina.
       H.R. 758: Mr. Markey of Massachusetts.
       H.R. 795: Ms. Giffords and Mr. Stark.
       H.R. 848: Mr. Brady of Pennsylvania.
       H.R. 884: Mr. Platts.
       H.R. 949: Mr. Costello and Mr. LaTourette.
       H.R. 959: Mr. Carney.
       H.R. 983: Mr. Shuster.
       H.R. 995: Mr. Wu.
       H.R. 1017: Ms. Linda T. Sanchez of California.
       H.R. 1142: Mr. Buchanan.
       H.R. 1176: Mr. Moran of Kansas.
       H.R. 1182: Mr. Adler of New Jersey, Ms. Markey of Colorado, 
     and Mr. Moran of Kansas.
       H.R. 1207: Mr. Delahunt.
       H.R. 1210: Mr. LaTourette.
       H.R. 1215: Ms. Tsongas.
       H.R. 1255: Mr. Manzullo, Mr. Ross, and Mr. Heller.
       H.R. 1278: Ms. Jackson-Lee of Texas.
       H.R. 1283: Ms. Chu.
       H.R. 1339: Mr. Baird.
       H.R. 1361: Mr. Holt and Mr. Langevin.
       H.R. 1362: Mr. Ehlers, Mr. Berman, Mr. Murphy of 
     Connecticut, Mr. Wilson of South Carolina, Mr. Braley of 
     Iowa, and Mr. Wu.
       H.R. 1378: Mr. Tim Murphy of Pennsylvania.
       H.R. 1423: Mr. Crowley, Mr. Van Hollen, Mr. Levin, and Ms. 
     Berkley.
       H.R. 1476: Ms. Ros-Lehtinen and Mr. Ackerman.
       H.R. 1479: Mrs. Napolitano, Ms. Matsui, and Mrs. Capps.
       H.R. 1503: Mr. Franks of Arizona.
       H.R. 1557: Mr. Edwards of Texas.
       H.R. 1581: Mr. Platts.
       H.R. 1585: Mr. Petri.
       H.R. 1618: Mr. Visclosky.
       H.R. 1625: Mr. Johnson of Illinois, Mr. Berry, Mr. 
     Ruppersberger, and Mr. Payne.
       H.R. 1646: Mr. Ryan of Ohio and Mr. Etheridge.
       H.R. 1682: Mr. Carney.
       H.R. 1691: Mr. Abercrombie.
       H.R. 1702: Mr. Holt.
       H.R. 1799: Mr. Davis of Alabama.
       H.R. 1826: Mr. Stark and Mr. DeFazio.
       H.R. 1866: Mr. Honda.
       H.R. 1908: Mr. Bartlett, Ms. Berkley, Mr. Sessions, Mr. 
     Crowley, and Mr. McCotter.
       H.R. 1928: Mr. Sestak.
       H.R. 1964: Mr. Cohen.
       H.R. 1995: Mr. Wu and Mr. Sestak.
       H.R. 2000: Mrs. Halvorson, Mr. Al Green of Texas, and Mr. 
     Gutierrez.
       H.R. 2002: Mr. Sestak.
       H.R. 2016: Mr. Sestak.
       H.R. 2024: Mr. Hoekstra.
       H.R. 2067: Ms. Lee of California.
       H.R. 2068: Ms. Shea-Porter and Mr. Cohen.
       H.R. 2149: Ms. Zoe Lofgren of California.
       H.R. 2156: Ms. Baldwin.
       H.R. 2170: Mr. Minnick.
       H.R. 2239: Mr. Sestak.
       H.R. 2254: Mr. Rothman of New Jersey and Ms. Schakowsky.
       H.R. 2280: Mr. Abercrombie.
       H.R. 2310: Mr. Smith of Washington.
       H.R. 2339: Mrs. Maloney.
       H.R. 2365: Mr. LoBiondo, Mr. Klein of Florida, Mr. Rooney, 
     Mr. Olver, and Mr. Bishop of New York.
       H.R. 2377: Mr. McNerney.
       H.R. 2406: Mr. Davis of Kentucky, Mr. Deal of Georgia, and 
     Mr. King of Iowa.
       H.R. 2425: Mr. Paul and Mr. Wu.
       H.R. 2452: Mr. Pallone, Mr. Sires, Mr. Lincoln Diaz-Balart 
     of Florida, Mr. Space, Mr. Langevin, Mr. Grayson, Mr. 
     LoBiondo, Mr. Olson, and Mr. Costa.
       H.R. 2456: Ms. Sutton.
       H.R. 2528: Mrs. McMorris Rodgers and Mr. Herger.
       H.R. 2538: Mr. Sestak.
       H.R. 2554: Mr. Manzullo.
       H.R. 2555: Mr. Shuler, Ms. Woolsey, and Mr. Childers.
       H.R. 2556: Mr. Kline of Minnesota.
       H.R. 2562: Mr. Platts.
       H.R. 2590: Mr. Wu.
       H.R. 2626: Mr. Minnick.
       H.R. 2676: Mr. Pomeroy.
       H.R. 2692: Mr. Moore of Kansas, Mr. Massa, and Mr. Carney.
       H.R. 2695: Mr. Sullivan.
       H.R. 2697: Mr. Kratovil.
       H.R. 2698: Mr. Rooney.
       H.R. 2699: Mr. Rooney.
       H.R. 2711: Mr. Chaffetz and Ms. Shea-Porter.
       H.R. 2713: Ms. Shea-Porter.
       H.R. 2835: Ms. Clarke.
       H.R. 2866: Mr. Hinchey.
       H.R. 2894: Ms. McCollum and Mr. Cummings.
       H.R. 2897: Ms. Baldwin, Mr. Luetkemeyer, Mr. Holden, Mr. 
     Foster, and Mr. Clay.
       H.R. 2900: Mr. Culberson.
       H.R. 2909: Mr. Ellison, Ms. Moore of Wisconsin, and Mr. 
     Sires.
       H.R. 2941: Mr. Posey, Mr. Wu, Ms. Edwards of Maryland, Mr. 
     Doggett, Ms. Jackson-Lee of Texas, and Mr. Ellison.
       H.R. 2954: Mr. Delahunt.
       H.R. 2964: Mr. Sestak.
       H.R. 3019: Mr. Dingell, Mr. Buyer, and Mr. Stearns.
       H.R. 3164: Mr. Platts and Mr. Price of North Carolina.
       H.R. 3166: Mr. Hall of New York.
       H.R. 3167: Mr. Tiahrt.
       H.R. 3178: Mr. Boccieri.
       H.R. 3226: Mr. Culberson, Mr. Moran of Kansas, Mr. 
     Luetkemeyer, Mr. Burgess, Mr. Cole, Mr. Gingrey of Georgia, 
     Mr. Marchant, Mr. Posey, Mr. Neugebauer, Mr. Mario Diaz-
     Balart of Florida, Mr. McCaul, Mr. Cassidy, Mrs. Lummis, Mr. 
     Kline of Minnesota, Mr. Brown of South Carolina, Mr. Terry, 
     Mr. Coffman of Colorado, Mr. Dent, Mr. Shuster, Mr. Stearns, 
     Mr. Sullivan, Mr. Jordan of Ohio, Mr. Mica, Mr. Walden, Mr. 
     Latham, Mr. Akin, Mr. Hunter, Mr. Buchanan, Mr. Bachus, Mr. 
     Wolf, and Mr. Wilson of South Carolina.
       H.R. 3238: Ms. Jackson-Lee of Texas, Ms. Corrine Brown of 
     Florida, Mr. Fattah, Mr. Reyes, Mr. Meek of Florida, and Ms. 
     Roybal-Allard.
       H.R. 3266: Mr. Cao, Mr. Rooney, Mr. Meek of Florida, Mr. 
     Peterson, and Mr. Boswell.
       H.R. 3286: Mr. McGovern, Ms. Shea-Porter, Mr. Cummings, Ms. 
     Waters, Mr. Van Hollen, Mr. Costello, Mr. Sullivan, Mr. 
     Israel, Mr. Boucher, and Mr. Tonko.
       H.R. 3295: Mr. Blumenauer and Mr. Johnson of Georgia.
       H.R. 3382: Mr. Pitts.
       H.R. 3404: Mr. Sestak, Ms. Kaptur, Mr. Cummings, Mr. 
     Kildee, Mr. Yarmuth, and Ms. Roybal-Allard.
       H.R. 3464: Mr. Berry and Mr. Wilson of South Carolina.
       H.R. 3472: Mr. Schrader, Mr. Lujan, and Mr. Massa.
       H.R. 3519: Mr. Michaud, Ms. Shea-Porter, Mr. McCotter, Mr. 
     Moore of Kansas, Mr. Edwards of Texas, and Mr. Johnson of 
     Illinois.
       H.R. 3522: Mr. Boccieri and Mr. Rodriguez.
       H.R. 3532: Ms. Chu.
       H.R. 3535: Ms. Sutton.
       H.R. 3536: Mr. Stupak, Mr. Maffei, Ms. DeLauro, Mr. 
     Kennedy, and Mr. Hinchey.
       H. Con. Res. 42: Ms. Jackson-Lee of Texas.
       H. Con. Res. 43: Ms. Jackson-Lee of Texas.
       H. Con. Res. 44: Mr. Payne and Ms. Jackson-Lee of Texas.
       H. Con. Res. 46: Ms. Jackson-Lee of Texas.
       H. Con. Res. 73: Mr. Payne.
       H. Con. Res. 94: Ms. Kilpatrick of Michigan.
       H. Con. Res. 97: Ms. Baldwin.
       H. Con. Res. 129: Mr. Spratt, Mr. Langevin, Mr. Brady of 
     Pennsylvania, Mr. Johnson of Georgia, Mr. Holden, Mr. 
     Driehaus, and Ms. Shea-Porter.
       H. Con. Res. 147: Mr. Massa.
       H. Con. Res. 158: Mr. Luetkemeyer, Mr. Courtney, and Mr. 
     Levin.
       H. Con. Res. 178: Mr. Carnahan, Mrs. Maloney, Mr. Meeks of 
     New York, Mr. McMahon, and Mr. Upton.

[[Page 21276]]


       H. Res. 148: Ms. Jackson-Lee of Texas.
       H. Res. 167: Mr. Manzullo, Mr. Gerlach, Mr. McGovern, Mr. 
     Conyers, and Mr. Ruppersberger.
       H. Res. 252: Mr. Thompson of California, Mr. Hall of New 
     York, Mr. Israel, Mr. Gallegly, and Ms. Richardson.
       H. Res. 291: Mr. Platts and Mr. LoBiondo.
       H. Res. 364: Mr. Heller.
       H. Res. 419: Mr. Sestak.
       H. Res. 458: Mr. Sestak.
       H. Res. 459: Mr. Paulsen.
       H. Res. 487: Mr. Kind.
       H. Res. 494: Mr. Turner.
       H. Res. 510: Mr. Grijalva.
       H. Res. 547: Mr. Sestak.
       H. Res. 601: Mr. Sestak.
       H. Res. 605: Ms. Schakowsky, Mr. Pallone, Mr. Capuano, Ms. 
     Shea-Porter, Mr. Al Green of Texas, Mr. Schiff, and Mr. 
     Luetkemeyer.
       H. Res. 615: Mr. Thornberry and Ms. Foxx.
       H. Res. 633: Ms. McCollum.
       H. Res. 638: Mr. Coble.
       H. Res. 649: Mrs. Christensen, Mr. Grijalva, Ms. Lee of 
     California, Ms. McCollum, Mr. Moore of Kansas, Mr. Moran of 
     Virginia, Mr. Sestak, and Ms. Woolsey.
       H. Res. 655: Mr. Baca.
       H. Res. 659: Ms. Richardson.
       H. Res. 671: Mr. Duncan, Mr. Forbes, and Mr. Pitts.
       H. Res. 677: Mr. Weiner, Mr. Blumenauer, Mr. Ryan of Ohio, 
     Mr. Al Green of Texas, Mr. Towns, and Mr. Peters.
       H. Res. 686: Mr. Adler of New Jersey, Mr. Nadler of New 
     York, Ms. Shea-Porter, Mr. Schiff, Ms. Kilpatrick of 
     Michigan, Ms. Lee of California, Mr. Van Hollen, Mr. Daniel 
     E. Lungren of California, Mr. Engel, Mr. McIntyre, Mr. 
     Turner, and Mr. Moran of Kansas.
       H. Res. 704: Mr. Clay, Mr. Capuano, Mr. Rohrabacher, Mr. 
     Price of North Carolina, Mr. Bartlett, and Mr. Poe of Texas.
       H. Res. 707: Mr. Tonko and Mr. Hare.
       H. Res. 712: Mr. Blunt and Mr. Gordon of Tennessee.
       H. Res. 716: Mr. Lance, Mr. Connolly of Virginia, Mr. 
     Manzullo, Ms. Titus, Mr. Sablan, Ms. Harman, Mr. Pierluisi, 
     Mr. McGovern, and Mr. Schauer.
       H. Res. 718: Ms. Zoe Lofgren of California, Mr. Poe of 
     Texas, Ms. McCollum, Ms. Sutton, Mr. Tonko, and Mr. Polis.

                          ____________________




    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 Bishop of 
     Utah, or a designee, to H.R. 965, the Chesapeake Bay Gateways 
     and Watertrails Network Continuing Authorization Act, does 
     not contain any congressional earmarks, limited tax benefits, 
     or limited tariff benefits as defined in clause 9(d), 9(e), 
     or 9(f) of Rule XXI.

                         Offered by Mr. Rahall

       The provisions that warranted a referral to the Committee 
     on Natural Resources, in H.R. 965, the Chesapeake Bay 
     Gateways and Watertrails Network Continuing Authorization 
     Act, does not contain any congressional earmarks, limited tax 
     benefits, or limited tariff benefits as defined in clause 
     9(d), 9(e), or 9(f) of Rule XXI.
     
     
     


[[Page 21277]]

                          EXTENSIONS OF REMARKS
                          ____________________


                        HONORING PHYLLIS ELLMAN

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. WOOLSEY. Madam Speaker, I rise today to honor Phyllis Ellman, who 
died on June 2 at the age of 86. An activist in Marin and Sonoma 
Counties for more than 40 years, Phyllis was a leader who cared deeply 
about her community, its people and the environment.
  The oldest of four children born in 1923 in Des Moines, Iowa, Phyllis 
had deep roots in America as one of her ancestors was the military 
secretary to Gen. George Washington. Phyllis joined the U.S. Army 
during World War II, and after her honorable discharge, she earned a BS 
in biology at Kansas State University. She earned a master's degree in 
biochemistry at Washington State College, where she also met her future 
husband, George. Six months later they married and moved to Pasadena, 
California, where Phyllis taught at Cal Tech while George completed his 
PhD.
  In 1958 the Ellmans moved to Tiburon, Marin County, where Phyllis 
became an avid hiker. She developed a passion for wildflowers and was 
expert in identifying the unique flowers of the Tiburon hills earning 
the moniker, ``Mother Botany.'' A member of the California Native Plant 
Society, she wrote two booklets on the local flora of Ring Mountain.
  Always an activist, she pushed for the creation of the Tiburon Bike 
Path, was appointed to the Tiburon Parks and Recreation Commission in 
1973, helped launch the first South of the Knoll playground in 
Richardson Bay Lineal Park, and with Marilyn Knight, Phyllis 
established the Belvedere Tiburon Child Care Center, the first such 
center on the peninsula.
  It is Ring Mountain for which she is fondly remembered as being the 
catalyst saving it from development. Walkers can now hike to the top of 
Ring Mountain on the Phyllis Ellman Trail which honors her years of 
public service and devotion to her community.
  In 1980 the Ellmans moved to Glen Ellen, Sonoma County, where Phyllis 
was a dedicated docent at the Bouverie Preserve. She also sang with the 
Quercus Quire, a group she helped start who performs for elementary 
school audiences, singing about environmental issues to about 2,000 
children each year.
  Phyllis leaves her husband of 60 years, George Eliman of Glen Ellen, 
who is a former Tiburon mayor and town councilmember. Devoted to her 
family, she also leaves a daughter, brother, two sisters, and seven 
nieces and nephews.
  Madam Speaker, Phyllis Eliman will be missed by so many who shared in 
her work and passions. An activist in the best sense, she was a valued 
member of the Marin and Sonoma communities. Her friendship and bright 
spirit will be missed by all who had the opportunity to know her.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. JOHN LINDER

                               of georgia

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. LINDER. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding funding that I requested as part of H.R. 3183, the Energy and 
Water Development and Related Agencies Appropriations Act, 2010.
  Requesting Member: Representative John Linder
  Bill Number: H.R. 3183, Energy and Water Development and Related 
Agencies Appropriations Act, 2010
  Account: U.S. Army Corps of Engineers Construction General
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, 
Savannah District
  Address of Requesting Entity: 100 W. Oglethorpe Avenue, Savannah, GA 
31401
  Description of Request: This project proposes to deepen the Savannah 
River Federal navigation channel an additional 6 feet, allowing the 
Georgia Ports Authority to more efficiently serve the demands of U.S. 
commerce; remain a valuable asset to the marine transportation system; 
and handle the currently constrained vessels calling the port, and 
allow for larger vessels expected to call the port following the Panama 
Canal expansion. $1.3 million of the funds are critical for the 
completion of ongoing environmental studies in order to move to the 
construction phase. General construction funding of $33.7 million is 
necessary to continue the initial construction phase of the Savannah 
Harbor Expansion Project. The expansion will allow the Port of Savannah 
to accommodate larger ships and provide the economic stimulus that new, 
larger ships currently bring rival East Coast ports in New York and 
Norfolk, Virginia.

                          ____________________




      CONGRATULATING THE AMERICAN COUNCIL OF ENGINEERING COMPANIES

                                 ______
                                 

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise today in 
support of H. Res. 447 to congratulate the American Council of 
Engineering Companies for its dedicated service to America's 
engineering industry and to celebrate its 100th anniversary this year.
  As a strong supporter of the engineering industry and someone who 
recognizes the vital work that engineers and related professionals 
perform, I believe it is of the utmost importance to honor the American 
Council of Engineering Companies for its role in supporting the 
engineering industry. With more than 5,500 firms throughout the 
country, this Council has grown from a small group of engineers to an 
incredibly influential federation of 51 state and regional councils 
that represent a large cross-section of America's engineering industry. 
Through its help, America has some of the best engineering structures 
in the world that allow us to drink fresh water, travel efficiently, 
and lead an all-around healthier and happier lifestyle.
  I ask my fellow colleagues to join me today and support H. Res. 447 
to honor the American Council of Engineering Companies for their 100 
years of service. Truly, we have all benefitted immensely from the 
council's efforts and dedication to improving the lives of every 
American citizen, and I extend my deepest thanks and appreciation for 
their hard work.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. HENRY E. BROWN, JR.

                           of south carolina

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. BROWN of South Carolina. Madam Speaker, I submit the following:
  Requesting Member: Henry E. Brown, Jr.
  Bill Number: H.R. 3326, Department of Defense Appropriations Act, 
2010
  Account: RDTE, Army
  Legal Name of Requesting Entity: ALS TDI
  Address of Requesting Entity: 215 First Street, Cambridge, MA 02142
  Description of Project: Continued support of its cutting edge fast 
track drug discovery & translational research program and to support 
clinical trials of effective drugs. (1) Identify physiological pathways 
and molecules in animal models of disease progression. Compare animal 
gene expression (transcriptome) to that of humans by employing the 
largest database ever compiled of animal and ALS patient samples. (2) 
Operate large scale validation program, using profiling technologies, 
to modulate gene expression in those genes determined to be candidates 
for disease effect. (3) Create a comprehensive translational medicine 
initiative to identify biomarkers for disease staging and prognosis, 
and drug efficacy and patient response.
  Requesting Member: Henry E. Brown,  Jr.
  Bill Number: H.R. 3326, Department of Defense Appropriations Act, 
2010
  Account: RDTE, Army
  Legal Name of Requesting Entity: South Carolina Research Authority
  Address of Requesting Entity: 5300 International Boulevard, 
Charleston, SC 29418

[[Page 21278]]

  Description of Project: Once fully configured, the Army expects a 5x-
10x reduction in delivery times for poured metal part base shapes using 
TacFab versus conventional procurement processes. Given the Army's 
considerable interest in and support for the TacFab program to date, it 
is essential that the program be expeditiously completed to deliver the 
critical support the warfighters are seeking. This final increment 
being requested in FY 2010 will result in a mobile, rapidly deployable 
asset, both in theater and within the U.S. in support of RESET 
operations. This program will cut costs and improve efficiency, cutting 
waiting time for parts from weeks or months to only 24 hours.
  Requesting Member: Henry E. Brown,  Jr.
  Bill Number: H.R. 3326, Department of Defense Appropriations Act, 
2010
  Account: RDTE, Army
  Legal Name of Requesting Entity: South Carolina Research Authority
  Address of Requesting Entity: 5300 International Boulevard, 
Charleston, SC 29418
  Description of Project: This project will have an important impact on 
the Army as it will contribute greatly to the military efforts our 
troops are currently engaged in around the world and here at home. 
HIPER will implement a program which ensures the provision of the best 
and safest weaponry to the warfighter and in the quickest and most 
efficient way, by replacing parts and resetting weapons more quickly 
and at reduced cost. This will help keep our troops safe and fully 
equipped with the optimum defense mechanisms they need to effectively 
complete their missions, while using cutting-edge technology to reduce 
costs and lower wait times. To achieve this goal we will be relying on 
industrial and government partners in numerous states, resulting in 
employment sustained and created via manufacturing and research 
requirements.

                          ____________________




IN RECOGNITION OF THE DEDICATION OF A NEW SERVICE AND WORSHIP CENTER AT 
                      PINE TERRACE BAPTIST CHURCH

                                 ______
                                 

                            HON. JEFF MILLER

                               of florida

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. MILLER of Florida. Madam Speaker, I rise today to recognize the 
dedication of a new worship center at Pine Terrace Baptist Church in 
Milton, Florida. Pine Terrace Baptist has long been a positive force in 
Northwest Florida, and I am proud of their tremendous contributions to 
the community.
  Pine Terrace Baptist Church began as a mission of another Milton 
church, Ferris Hill Baptist. In March of 1970, church members of Ferris 
Hill Baptist set out to create a mission northwest of Milton, and on 
July 5, 1972, several church families met at a congregant's home. 42 
people were present at the first meeting, and continued to meet at 
members' homes until the church's first building was completed. The 
first worship service was held in the new building on May 13, 1973, and 
the mission was officially constituted as Pine Terrace Baptist Church 
on August 19, 1973 with 48 members.
  Since 1973, Pine Terrace has grown to over 1,600 members. A 
fellowship hall was added in 1976, a children's wing was built in 1978, 
and a new sanctuary was constructed in 1984. Today the church owns 
close to 19 acres of land. Seven pastors have served at Pine Terrace 
since its foundation, and current Pastor Dr. Michael Wiggins has served 
since 1987. This year the church celebrates the opening of a new 
worship and service center which will also house administrative 
facilities and the music suite. The construction of this new building 
can be traced directly back to the passion of the congregation and its 
leaders. The church's motto encompasses what all Americans should 
strive to achieve: ``Loving God. Loving People. Serving the World.''
  Madam Speaker, on behalf of the United States Congress, I am 
privileged to honor Pine Terrace Baptist Church upon the dedication of 
their new worship center. My wife Vicki and I wish the best for 
continued growth and service to Pastor Wiggins and the entire church 
family.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. DENNY REHBERG

                               of montana

                    in the house of representatives

                      Wednesday, September 9, 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. 3326--Department of 
Defense Appropriations Act, 2010:
  Requesting Member: Representative Denny Rehberg
  Bill Number: H.R. 3326
  Account: 10 0602303A Missile Technology
  Name and Address: MSE Technology Applications, Inc. of 200 Technology 
Way, Butte, MT 59701
  Description: $4,000,000 in funding will be used to develop the wind 
tunnel technology required to test and evaluate a new generation of 
missiles, space access vehicles, and high-speed aircraft utilizing 
ramjet and scramjet propulsion technology.
  Requesting Member: Representative Denny Rehberg
  Bill Number: H.R. 3326
  Account: 11 0602204F Aerospace Sensors
  Name and Address: MSE Technology Applications, Inc. of 200 Technology 
Way, Butte, MT 59701
  Description: $2,000,000 in funding will be used to develop a ground 
sensor system, Watchkeeper, which offers unattended use for months at a 
time, high resolution night/day imaging and global wireless data 
transfer to command authority.
  Requesting Member: Representative Denny Rehberg
  Bill Number: H.R. 3326
  Account: 171 0204571N Consolidated Training Systems Development
  Name and Address: Advanced Acoustic Concepts of 920 Technology Blvd., 
Suite C, Bozeman, MT 59718.
  Description: $3,000,000 in funding will be used to increase operator 
proficiencies by integrating the current Oceanographic and Atmospheric 
Master Library (OAML) Navy-standard coremodels, algorithms and data 
bases into a processing efficient Ocean Model for effective high 
fidelity simulated sonar training.
  Requesting Member: Representative Denny Rehberg
  Bill Number: H.R. 3326
  Account: 04 Administration and Servicewide Activities DoD Human 
Resources Activity
  Name and Address: University of Montana of University Hall 116, 
Missoula, MT 59812.
  Description: $2,000,000 in funding will be used to expand training 
capacity in critical languages and cultures to supplement DoD and 
related federal programs that are now operating at or beyond capacity.

                          ____________________




     RECOGNIZING THE ACCOMPLISHMENTS OF JUNIOR ACHIEVEMENT OF THE 
                        MISSISSIPPI RIVER VALLEY

                                 ______
                                 

                           HON. W. TODD AKIN

                              of missouri

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. AKIN. Madam Speaker, I rise today to recognize the 
accomplishments of Junior Achievement of Mississippi River Valley. In 
particular, I would like to congratulate the organization's President, 
Lori Jacob, for winning JA Worldwide's 2009 Karl Flemke Pioneer 
Achievement Award. This award recognizes significant achievements and 
contributions of new Junior Achievement USA Member Presidents.
  Junior Achievement is the world's largest organization dedicated to 
teaching students in Kindergarten through 12th grade about the 
importance of economics, entrepreneurism, and financial literacy. The 
organization reaches over 9 million students around the world each 
year, with over 130 local offices in the United States and operations 
in over 110 countries worldwide. One of the things that makes JA so 
unique is its use of adult volunteers to bring business to life for 
students. In the U.S. alone, young people in more than 188,000 
classrooms benefit annually from these positive role models.
  Ms. Jacob is clearly deserving of receiving this year's Flemke Award.
  She began her career with Junior Achievement in 1987, serving in many 
roles within the Marketing, Education, Development, and Operation 
departments until she assumed her current position in 2007. Under her 
leadership, the area reached 127,000 students in over 700 schools this 
year, on a $2.7 million budget, making Junior Achievement of 
Mississippi Valley one of the organization's largest operations in the 
United States. Ms. Jacobs led the area to become a national two-time 
winner of JA's most prestigious funding award--the MetLife 
Entrepreneurial Award. She has been a champion in creating more 
awareness of JA, and has a volunteer board of directors composed of 
over 60 leaders of the St. Louis community.
  In this current economic climate, teaching students the importance of 
economics and financial literacy is of the utmost importance,

[[Page 21279]]

and I congratulate Ms. Jacobs and Junior Achievement of the Mississippi 
River Valley for their efforts throughout the St. Louis metropolitan 
area.

                          ____________________




 HONORING THE SERVICE AND SACRIFICE OF U.S. ARMY 1ST SERGEANT JOSE SAN 
                           NICOLAS CRISOSTOMO

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. BORDALLO. Madam Speaker, I rise today to honor the service and 
sacrifice of United States Army 1st Sergeant Jose San Nicolas 
Crisostomo. 1st SGT Crisostomo, originally from the village of 
Inarajan, Guam, was assigned to International Security Assistance Force 
in Kabul, Afghanistan. 1st SGT Crisostomo passed away on August 18, 
2009 while on duty in Afghanistan. He was 59 years old and the oldest 
servicemember to perish in Afghanistan.
  1st SGT Crisostomo was born on August 29, 1949 to Joaquin and 
Joaquina Crisostomo and lived a life of honor, service, and dedication 
to preserving his culture. Known to his friends and family as ``Joe'' 
or ``Uncle Sinbad,'' 1st SGT Crisostomo is remembered for his altruism, 
patriotism, and vibrant personality. He was active in promoting the 
Chamorro culture and was a founder and former president of ``Grupun 
Minagof,'' an organization established to help Guamanians living in 
Washington state. His leadership and dedication to his community and 
his family will remain an enduring legacy.
  A longtime member of the U.S. Army, 1st SGT Crisostomo re-enlisted in 
2008 after previously serving for 24 years, which included tours of 
duty in the Vietnam War and the first Gulf War. 1st SGT Crisostomo was 
a two-time recipient of the Bronze Star for combat valor and received 
the Purple Heart for wounds sustained in combat. He was also awarded 
the Kuwait Liberation Medal in 1991.
  I join our community in mourning the loss of 1st SGT Crisostomo and 
in offering condolences to his wife, Patricia Leon Guerrero Crisostomo; 
his children, Tricia Renee, Jeffrey Joe (``Jay''), and Dominic Jay; his 
10 grandchildren and to his many family and friends. 1st SGT Crisostomo 
served with honor and distinction, like the many sons and daughters of 
Guam who served before him, and he gave the ultimate sacrifice in 
defense of our country.
  God bless the family and friends of 1st Sergeant Jose San Nicolas 
Crisostomo, God bless our men and women in uniform protecting our 
country, God bless Guam, and God bless the United States of America.

                          ____________________




   CITY OF DUNEDIN, FLORIDA, RECOGNIZED AS A COMMUNITY FOR A LIFETIME

                                 ______
                                 

                          HON. C.W. BILL YOUNG

                               of florida

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. YOUNG of Florida. Madam Speaker, The city of Dunedin, Florida, 
that I have the privilege to represent has been honored with a 
``Communities for a Lifetime Award'' by the Florida Department of Elder 
Affairs.
  The award is given to communities that demonstrate successful best 
practices that foster community initiatives to address the benefits and 
challenges of an increasing elder population.
  A total of 105 Florida towns and cities participate in the 
Communities for a Lifetime Initiative and Dunedin was the very first 
city to sign up for the program.
  One of the major initiatives for which Dunedin was honored was a 2008 
project between the city and Mease Hospital to turn a vacant building 
into an adult day care center where family caregivers can receive 
valuable respite care so they can continue caring for their aging loved 
ones.
  This is the second time Dunedin has been honored by the program. Two 
years ago, the city received a Continual Progress Award for creating a 
Lifetime Bureau.
  Madam Speaker, Dunedin is an outstanding place to live, to work, to 
play, and to retire. This latest recognition is not only a reflection 
of the work of the Mayor and City Commissioners, but of the entire 
community which makes Dunedin such a welcoming place for residents of 
all ages.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. DENNY REHBERG

                               of montana

                    in the house of representatives

                      Wednesday, September 9, 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. 3170, FY2010 Financial 
Services and General Government Appropriations Bill.
  Requesting Member: Representative Rehberg
  Bill Number: H.R. 3170
  Account: Small Business Administration--Salaries and Expenses
  Requesting Entity: Montana State University, HTAP: High-Technology 
Assistance Program
  Description: $133,000 in federal funds will enable Montana State 
University to assist Montana's high-technology businesses in adopting 
micro and nanotechnologies as a means to improving their products and 
increasing competitiveness in the high-tech market.
  Requesting Member: Representative Rehberg
  Bill Number: H.R. 3170
  Account: Small Business Administration--Salaries and Expenses
  Requesting Entity: Montana World Trade Center
  Description: The Montana World Trade Center has a long and successful 
history of export and trade assistance. $134,000 will go toward 
assisting ``new to export'' Montana businesses in marketing and selling 
their products and services globally.
  Requesting Member: Representative Rehberg
  Bill Number: H.R. 3170
  Account: Small Business Administration--Salaries and Expenses
  Requesting Entity: TechRanch at Montana State University
  Description: The TechRanch at Montana State University is a cohesive 
center that will provide comprehensive business development services 
and business support services to high-tech Montana companies. $133,000 
will help maintain their goal of attracting technology businesses to 
the State.

                          ____________________




      RECOGNIZING THE CONTRIBUTIONS OF WOMEN TO THE LABOR MOVEMENT

                                 ______
                                 

                          HON. DALE E. KILDEE

                              of michigan

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. KILDEE. Madam Speaker, I rise today to recognize the achievements 
of women in the labor and social movements. The UAW held a ceremony 
this past Labor Day in Flint Michigan to honor the contributions of 
women in labor, civil rights, the military, women's rights, and the 
political arena.
  From the 300 women that came together in Seneca Falls, New York, in 
1848, to promote women's rights and suffrage, women have banded 
together to improve our country. Jane Addams, ``the mother of social 
work,'' worked with the labor movement in Chicago to eliminate poverty, 
and advance the living conditions of workers. From her work at Hull-
House in Chicago, Jane Addams became a moving force in the passage in 
the first Federal child labor law passed in 1916.
  Women have played a pivotal role in the organization and development 
of every social movement of the past century, including the labor 
movement. In my hometown of Flint, the Women's Auxiliary provided 
support for the families of the sit-down strikers. The Women's 
Emergency Brigade was on the front lines as the police attempted to 
stop the union. Since the formation of the UAW, women have toiled side 
by side with men in the factories and have taken their place at the 
bargaining table.
  The labor movement had one of its greatest advocates in Frances 
Perkins. She was the first female Secretary of Labor and was the first 
female member of a President's Cabinet. During her younger days she 
lived at Hull-House and embraced the concept of unionism but it was 
witnessing firsthand the Triangle Shirtwaist Company fire in 1911 that 
cemented her commitment to the workers of our country. As the architect 
of Franklin Delano Roosevelt's New Deal, her vision of a better life 
for all cannot be underestimated. She was

[[Page 21280]]

at the center of the 15 major pieces of legislation passed during the 
first 100 days of Roosevelt's Administration. She conceived the Social 
Security Act of 1935, the most important piece of social legislation in 
U.S. history, and the Fair Labor Standards Act of 1938 and shepherded 
them through Congress until they were enacted into law. Social 
Security, unemployment compensation, minimum wage, maximum work hours 
and the right to collective bargaining are just part of her legacy to 
the American people.
  Madam Speaker, today the number of women registered to vote exceeds 
the number of registered men by 8.3 million. Women make up 14 percent 
of active duty military personnel, and two-thirds of all new union 
members in the United States are women. Women have organized, financed, 
marched, volunteered, worked and are still working to fulfill the 
dreams of those 300 women that came together in 1848 and because of 
their efforts we all live in a better world.

                          ____________________




                     HONORING CHIEF MAURICE L. KEMP

                                 ______
                                 

                         HON. KENDRICK B. MEEK

                               of florida

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. MEEK of Florida. Madam Speaker, I am pleased to recognize and 
honor Chief Maurice L. Kemp, the first African-American Fire-Rescue 
Chief in the city of Miami's history. This outstanding public servant 
has worked with the City of Miami Fire Department for 24 years and has 
held the positions of lieutenant, captain, assistant fire chief, and 
deputy fire chief.
  Chief Kemp received a bachelor of science degree in biology from 
Allen University in Columbia, South Carolina and a master's degree in 
public administration from Nova Southeastern University.
  As Deputy Fire Chief since 1999, Chief Kemp has overseen the 
technical, management, support, communication, and emergency management 
services, as well as developed and managed budget and legislative 
functions. In 2006, he was appointed the Program Chief and Task Force 
Leader for the United States Department of Homeland Security, FEMA 
Urban Search and Rescue.
  Moreover, Chief Kemp has received accolades throughout his career 
including the Dr. A. Mancebo Memorial Award and recognition from the 
5000 Role Models of South Florida.
  Since 1735, professional and volunteer firefighters have been an 
invaluable facet of our communities, towns, and cities. Through the 
City of Miami's mission to ``serve the citizens of Miami in a 
professional manner by providing rapid emergency response and other 
services to save lives and protect property'' and their motto, 
``Excellence through Service,'' I commend the tremendous bravery of 
Miami's firefighters and am proud to honor each one today on the Floor 
of the House. Ever vigilant, this Nation's firefighters respond quickly 
to emergencies of all kinds and protect and save lives each and every 
day. From the earliest days of Benjamin Franklin's Union Fire Company 
to the famous fire departments of New York City, Chicago, and Boston, 
every fire station in this country has a proud history and tradition of 
distinguished service.
  Today, men such as Chief Kemp along with over one million 
firefighters answer the call of duty and perform extraordinary acts of 
selflessness and valor without hesitation.
  Madam Speaker and my colleagues, I ask that you join me and the 
public safety community in this remarkable show of solidarity. Chief 
Kemp is an outstanding American worthy of our collective honor and 
appreciation. It is with deep respect and admiration that I commend 
Chief Kemp, and thank the men and women in the fire service field that 
dedicate to the selfless protection of others stand together in the 
face of adversity, bonded by sacrifice and a sense of duty.

                          ____________________




WELCOME HOME IN HONOR OF A AMERICAN HERO CAPT SCOTT SPEICHER THE UNITED 
                              STATES NAVY

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I have come here 
today to honor a fallen hero who, after 18 years, has finally been 
reunited with his family. Captain Speicher was a man of great 
distinction who gave the ultimate sacrifice so that others might know a 
more peaceful world. The following poem from Capitol Guide Albert Carey 
Caswell reflects on his final journey home.

                              Welcome Home

     Welcome Home!
     Scott, may your sacred body rest!
     America's Finest, of all Sons, but one of her very best!
     How over the years, have so have so our tears . . . have so 
           run!
     And all of those sleepless nights, keeping hope alive . . . 
           as we have all so done!
     As your beautiful Children, have so missed you my Son!
     And your Wonderful Wife, with hope burning bright . . . how 
           the tears begun!
     And your Mom and Dad, praying from evening to morning sun . . 
           .
     But, it's over now . . . we can rest!
     But, oh how so bittersweet . . . this answer, this emptiness 
           . . . Thy Will Be Done!
     For you were and will always be, one of America's best!
     Welcome Home, Our Most Heroic One!
     For you are now, One of America's Chosen Sons . . .
     Sons of Freedom and Peace, who defend us with but only their 
           beliefs!
     `Oh how so Magnificent, are but all of these . . . such 
           splendid ones!
     Just moments, are all that we so have . . .
     To make a difference, to heart's grab!
     To change the world!
     To go off so valiantly, with but out flags unfurled . . .
     It's been eighteen long . . . long years!
     With all of that heartache, and all of those most swollen 
           tears . . .
     Still, in all our pain . . . there are so many families, who 
           will never know . . .
     Will never know, but where there loved ones so remain . . .
     Bless you, our Fine Son!
     And your family, for our country . . . for what you have all 
           so done!
     For your last flight Scott, was not over Iraq!
     But, up to our Lord . . . as straight up to Heaven as was 
           that!
     For Scott now, now are an Angel with wings . . .
     In the Army of our Lord, of all things!
     And on the day you arrived, could you not hear our Lord and 
           his Angels cry!
     Scott, Welcome Home!

       In honor of a real American Hero, Navy Captain Scott 
     Speicher and his family . . . may they find peace . . .

                          ____________________




   SPECIAL TRIBUTE TO BLIND LEMON JEFFERSON AND THE BLIND LEMON BLUES

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. RANGEL. Madam Speaker, as the famed York Theatre Company of New 
York celebrates its 40th anniversary, today I rise to recognize their 
newest musical genius, ``Blind Lemon Blues'' and to pay tribute to the 
Legendary Father of the Texas Blues, ``Blind'' Lemon Jefferson.
  Blind Lemon Blues celebrates the legacy of Blind Lemon Jefferson and 
his profound influence upon the development of American popular music. 
Blind Lemon Blues is set in New York City in 1948 at the last recording 
session of the legendary Huddie Ledbetter, better known as Lead Belly, 
and combines elements of traditional blues, gospel, rhythm and blues, 
soul, doo-wop, and rap to evoke the enduring legacy of Blind Lemon and 
his contemporaries, Blind Willie Johnson, Lillian Glinn, Hattie Hudson, 
Bobbie Cadillac, Lillian Miller and Lead Belly himself.
  ``Blind'' Lemon Jefferson was one of the most popular blues singers 
of the 1920s, and has been titled ``Father of the Texas Blues.'' 
Jefferson's singing and self-accompaniment were distinctive as a result 
of his high-pitched voice and originality on the guitar. He used Dallas 
as a base to launch an extraordinary blues career, during which he made 
over 80 recordings of his intricate melodic rhythms and influenced 
countless artists, including B.B. King. Other later blues and rock and 
roll musicians attempted to imitate both his songs and his musical 
style.
  Often heralded as one of the most influential bluesmen of all time, 
``Blind'' Lemon Jefferson was born blind near Coutchman, Texas, in 
Freestone County, near present-day Wortham, Texas, in September 1893. 
Jefferson was one of eight children born to sharecroppers Alex and 
Clarissa Jefferson. Jefferson began playing the guitar in his early 
teens, and soon after he began performing at picnics and parties. He 
also became a street musician, playing in east Texas towns in front of 
barbershops and on corners.
  In the early 1920s, Jefferson traveled to Dallas, where he met Huddie 
``Leadbelly'' Leadbetter and established the blues scene in Dallas' 
Deep Ellum district. Five years later, he was on the road of instant 
success. Between the years of 1925 and 1929, Jefferson

[[Page 21281]]

made over 80 recordings for Paramount Records and became the first 
commercially successful male black artist. Some of his most notable 
recordings are ``Black Snake Moan,'' ``Boll Weevil Blues,'' ``Matchbox 
Blues,'' and the song that would become his trademark, ``See That My 
Grave Is Kept Clean.''
  Jefferson died from mysterious circumstances on the streets of 
Chicago on December 22, 1929, and was buried in the old Wortham Negro 
Cemetery. His grave was unmarked until 1967, when a Texas state 
historical marker was dedicated to him. He was inducted in the Blues 
Foundation's Hall of Fame in 1980. In 1997 the town of Wortham began a 
blues festival named for the singer, and a new granite headstone was 
placed at his gravesite--a fitting tribute to the man who sang ``. . . 
Lord, there's just one favor I ask of you, see that my grave is kept 
clean.'' In 2007 the name of the cemetery was changed to Blind Lemon 
Memorial Cemetery.
  So Madam Speaker, I ask that you and my distinguished colleagues join 
me in recognizing the good work of Director and Choreographer Akin 
Babatunde and Producer Alan Govenar for such a magnificent rendition of 
the life of Blind Lemon Jefferson and those Blind Lemon Blues.

                          ____________________




          HONORING THE FLINT CENTRAL HIGH SCHOOL CLASS OF 1959

                                 ______
                                 

                          HON. DALE E. KILDEE

                              of michigan

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. KILDEE. Madam Speaker, I would like to recognize the Flint 
Central High School Class of 1959 as they celebrate their 50th Class 
Reunion. A party was held in my hometown of Flint, Michigan, on 
September 4 in honor of this milestone. I am proud to say that I was 
their teacher.
  Over 1,000 students graduated from Flint Central High School in 1959 
and their senior year was highlighted by outstanding academic and 
athletic programs. The football team won the State Championship, the 
cross-country team won the State Championship, the basketball team won 
the Regional Championship, and the track team won the State 
Championship.
  The Class of 1959 boasted six Valedictorians. Many students accepted 
college scholarships and military academy appointments. Over 350 
students participated in the 33rd Annual Kaleidoscope and the 
theatrical production that year was ``A Connecticut Yankee in King 
Arthur's Court.''
  The graduates spanned all walks of life and went on to careers in 
law, research, education, medicine, the fine arts and manufacturing. 
The surviving 700 classmates live in almost every state in the United 
States. Members of the Class of 1959 spread out over the globe and 
currently can be found in Scotland, Japan, and Mexico.
  Madam Speaker, I ask the House of Representatives to join me in 
commending the achievements of the Flint Central High School Class of 
1959. As their former teacher, I take deep pride in helping to shape 
the minds and abilities of these graduates and I congratulate them on 
their talents, accomplishments, and triumphs.

                          ____________________




  CONGRATULATING TED AND VEE STUBAN ON THEIR 60TH WEDDING ANNIVERSARY

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. KANJORSKI. Madam Speaker, I rise today to ask you and my esteemed 
colleagues in the House of Representatives to pay tribute to Mr. and 
Mrs. Ted Stuban of Berwick, Luzerne County, Pennsylvania, on the 
occasion of their 60th wedding anniversary that was celebrated on 
September 3.
  Throughout their remarkable lives, Ted and Vee Stuban have 
exemplified what it means to be personal and community role models.
  As lifelong residents of northeastern Pennsylvania, Ted was 
associated with the excavation business and the Pennsylvania Department 
of Transportation before starting an auction business which he and Vee 
operated for about 25 years.
  Ted was also deeply involved in his community, initially as a member 
of the Berwick Council, then as mayor of Briar Creek and, later, as a 
member of the Pennsylvania General Assembly as State Representative of 
the 109th District for eight successive terms, from 1976 to 1992.
  In his capacity as State Representative, Ted was instrumental in 
crafting legislation and serving constituents in a manner that earned 
him much respect among his colleagues in Harrisburg and among the 
thousands of citizens in his district whom he represented so well.
  Ted was also deeply involved in civic activities over the years. He 
was a member of the West End Fire Company, the Knights of Columbus, the 
Bloomsburg Elks Lodge, past president of the Columbia Montour Aging 
Board, the Columbia-Montour Visiting Nurses Association board of 
directors, the PPL Advisory Commission and Ss. Cyril and Methodius 
Ukranian Catholic Church.
  Vee Stuban is the former Charlotte Hetler, of Berwick. Formerly 
employed by the Wise Potato Chip Company in Berwick, Vee has been 
active in Democrat political circles for many years. She is a member of 
the Columbia County Democratic Women's Club and the Columbia County 
Democratic Caucus. She has also been active over the years as a 4H 
leader and as a member of the Calvary United Methodist Church in 
Berwick.
  Ted and Vee are the parents of a daughter, Mrs. Joseph R., Kathy, 
Duda.
  Madam Speaker, please join me in congratulating Ted and Vee Stuban on 
this very special occasion. Not only has this remarkable couple 
contributed greatly to the quality of life in their community, but they 
have also been an inspiration to their peers and to future generations 
as they illustrated, through their actions as well as their words, how 
to live lives focused on community service to others as a means of 
deriving personal happiness and contentment.

                          ____________________




                     JARED C. MONTI: AMERICAN HERO

                                 ______
                                 

                           HON. BARNEY FRANK

                            of massachusetts

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. FRANK of Massachusetts. Madam Speaker, the hardest part of our 
job is attending the funerals of those young men and women who have 
given their lives in the service of our country. Having voted to send 
American military forces into war in Afghanistan, I was profoundly 
moved--and troubled--when I attend the funeral of Sergeant Jared C. 
Monti of Raynham, Massachusetts, who lost his life in a brave effort to 
save a comrade in that country. These occasions are for us an important 
reminder that voting to send people to war is a last resort done only 
after the most thorough and thoughtful consideration, and only when no 
alternative is consistent with our security.
  But Madam Speaker, to talk about the difficulty of our jobs in the 
context of the death in battle of this brave young man is an example of 
grave disproportion. For me, this was a sad day. For the family of 
Jared Monti, it was part of a period of deep and enduring sadness, and 
of course with Sergeant Monti himself it was the ultimate tragedy--a 
promising young life lost.
  Madam Speaker, in the Boston Globe for Sunday, September 6, Bryan 
Bender of the Globe staff wrote a moving, eloquent article about 
Sergeant Monti, describing the battle in which he was killed as he with 
no regard for his own safety tried to save a wounded comrade. Next week 
I will be at the White House when Sergeant Monti's family receives the 
Medal of Honor that was posthumously awarded to him. Madam Speaker, as 
a tribute to an extraordinary young man, whose dedication to his 
comrades was unlimited, and as a reminder of what war really means to 
those who must fight it, I ask that Mr. Bender's excellent, sad article 
be printed here.

                 [From the Boston Globe, Sept. 6, 2009]

                  He Could Not Leave a Comrade Behind

                           (By Bryan Bender)

       The sound of feet shuffling in the woods, high on a ridge 
     in remote Afghanistan, was the only warning that Sergeant 
     Jared C. Monti and the 15 men under his command were about to 
     be attacked. Before they could even react, they were 
     bombarded with rocket-propelled grenades and machine-gun 
     fire.
       The ambush by mountain tribesmen allied with the Taliban 
     came so suddenly and with such ferocity that some members of 
     Monti's unit ``had their weapons literally shot out of their 
     hands,'' according to an Army report.
       Monti, a 30-year-old staff sergeant from Raynham, shouted 
     orders and radioed for support as he found cover behind some 
     large rocks. An officer a few miles away asked whether he 
     could pinpoint the enemy's position.
       ``Sir, I can't give you a better read or I'm gonna eat an 
     RPG,'' Monti replied.
       But later, when one of his men was wounded and lying in the 
     open, Monti braved intense fire to try to rescue him--not 
     once, but three times. It cost him his life.
       Three years later, after an Army review of Monti's actions 
     that day, President Obama will award him the Medal of Honor, 
     the highest recognition for valor in the US military.

[[Page 21282]]

     When Monti's parents, Paul and Janet, accept the award in a 
     White House ceremony on Sept. 17, it will be only the sixth 
     time the Medal of Honor has been awarded since Sept. 11, 
     2001, and the first time someone from Massachusetts has 
     earned it since the Vietnam War.
       Monti's story reveals not just the courageous actions of a 
     12-year Army veteran. It also illustrates the extreme 
     conditions of combat in Afghanistan, where increasing numbers 
     of US forces are dying, and the sheer chaos of the war.
       Everything went wrong for Monti and his patrol. The unit 
     was left on that narrow ridge longer than intended, exposing 
     it to a much larger enemy. And while Monti's display of 
     ``extreme personal courage and extraordinary self-
     sacrifice,'' as the Army described it, helped turn the tide, 
     disaster struck again when the soldier Monti tried to save 
     was killed in a freak accident while being airlifted out. 
     Including Monti, four soldiers died.
       ``True valor is not defined so much by results,'' an Army 
     general wrote in recommending Monti for the medal, ``as it is 
     by the depth of conviction that inspires its expression. On 
     rare occasions, the actions of men are so extraordinary that 
     the nobility rests, not in their outcome, but in the courage 
     of their undertaking.''


                         ``He was very humble''

       When Charlie Witkus learned his buddy Jared had been 
     killed, he organized a ``Viking'' funeral.
       After his burial at the Massachusetts National Cemetery in 
     Bourne, Monti's friends collected cards, letters, and other 
     mementos of him and set them ablaze on a makeshift pyre 
     floating on a Taunton pond.
       It was a fitting tribute, Witkus felt, for a guy who once 
     organized a ``survival style'' canoe trip down the Taunton 
     River, with no food or water.
       ``I was devastated,'' said Witkus, who last spoke with his 
     friend about three weeks before he died. ``He was the most 
     stand-up guy I ever knew.''
       Monti was born in Abington and grew up in Raynham, 35 miles 
     south of Boston, the son of a schoolteacher and a nurse.
       Stories of his generous spirit abound: As a youngster he 
     made lunches for his brother and sister to help his mom get 
     to nursing school on time. During his high school years, he 
     once cut down a spruce tree in their yard to give to a single 
     mother who could not afford a Christmas tree for her kids. He 
     even collected enough money for gifts.
       But he rarely took credit for his deeds, relatives and 
     friends said. Only after he died did his father, Paul, find a 
     3-foot tall trophy Jared won in a weight-lifting 
     championship.
       ``That is the way he was,'' said Paul Monti. ``He was very 
     humble. He believed in doing things for other people.''
       To honor his son's memory, Paul Monti has established an 
     annual scholarship fund for a Raynham senior headed to 
     college.
       He also finds comfort driving Jared's pickup, still covered 
     with stickers from his beloved 10th Mountain Division.
       Jared set his sights on the military early, inspired by an 
     uncle in the Navy. He joined the Massachusetts National 
     Guard's delayed entry program in 11th grade at Bridgewater-
     Raynham Regional High School, attending weekend drills at the 
     recruiting station in Taunton until he graduated.
       ``I wanted to be that same person,'' he later wrote of how 
     the image of his uncle's crisp uniform captured his 
     imagination.


                             A steady hand

       Monti was not a perfect soldier, but he proved that he 
     could earn the trust and respect of those he led; he called 
     them his ``boys,'' and some of them called him ``grandpa.''
       When he left for basic training in Missouri in 1993, barely 
     18 years old, he had never been out of Massachusetts. Army 
     life was tough, he recalled, but he adjusted quickly and 
     eventually decided to enlist full time. He was disappointed 
     other soldiers didn't take it as seriously--a feeling he 
     later expressed in his own words in a journal his family 
     found on his computer after his death.
       ``I wanted to fight for my country at a time when everybody 
     else was smoking weed and or just there to earn a couple of 
     bucks toward college,'' he wrote.
       He got into several bar fights, including with one of his 
     sergeants in Kansas who ridiculed him by calling him 
     ``Rambo,'' and he did 14 days of hard labor for violating a 
     weekend pass when he was stationed in South Korea in the 
     1990s. ``I drank till there was no tomorrow,'' he wrote of 
     the incident.
       But as he rose through the enlisted ranks, his superiors 
     quickly saw he had a steadiness and maturity that others 
     didn't. Monti was one of the first enlisted soldiers in the 
     82nd Airborne Division selected to be trained to call in air 
     strikes on enemy positions, an enormous responsibility that 
     brought the risk of civilian casualties.
       ``If a lot of guys were just sitting around, he was always 
     willing to teach us something,'' recalled Sergeant Clifford 
     Baird, who first met Monti, with his ever-present chewing 
     tobacco tucked under his lip, when they were posted together 
     at Fort Drum, N.Y. ``He'd sit there and give us a class. He 
     was very respected around here.''
       Monti also had a special bond with junior soldiers. While 
     soldiers are required to shave every day, even in the field, 
     Monti would let his beard grow and shave only before 
     returning to base. The new guys loved that he would bend the 
     rules like that.
       And he was as loyal to his men as they were to him. He once 
     gave up his leave to fill in for a soldier who hadn't seen 
     his family in two years. When stationed at Fort Bragg in 
     North Carolina, he gave his new kitchen set to a soldier 
     whose kids were eating on the floor. When his girlfriend, 
     Sherri, sent care packages with his favorite cigars, he would 
     promptly hand them out to his unit.
       ``One of the things that sets him apart was that he had a 
     great deal of compassion,'' said Lieutenant Colonel Jeffrey 
     Abbott, the operations officer for Monti's squadron in 
     Afghanistan.


                             A heavy burden

       He earned a chestful of medals, but Monti agonized over all 
     the killing war required, his family said. He returned from 
     Afghanistan in 2003 with a Bronze Star for valor, but his 
     mother recalled: ``He didn't like talking about it. Most of 
     the time he just liked to be left alone. He'd say, `Don't 
     tell anybody I am here.' He wasn't proud of it.''
       When he was pressed about how he earned it, Janet Monti 
     said, he'd finally blurt out something like, ``I had to kill 
     someone's brother, or father, or sister.''
       Monti described his private anxieties in an undated entry, 
     titled ``My story,'' that his father recently found on his 
     personal computer. ``We are not fighting in World War II,'' 
     Monti wrote. ``We don't have the ability to justify any means 
     to our end. Wars of today are not black and white.''
       Monti's job to call in air strikes ``weighed heavily on 
     him,'' said Jon Krakauer, a mountaineer and author of the 
     best-seller ``Into Thin Air'' who, while working on a book, 
     spent nearly five weeks with Monti's unit.
       ``It was always this tough call,'' Krakauer said. ``He was 
     conservative about it.''
       Krakauer recalled a patrol with Monti when a Toyota Corolla 
     came barreling down the road. Fearing the driver was a 
     suicide bomber, a soldier prepared to open fire. But Monti 
     stopped him just in time. It turned out the driver was just a 
     local in a hurry.
       ``A split-second later it would have been really bad,'' 
     said Krakauer.
       It was Monti's humanity that also helped him get along 
     especially well with the locals, Krakauer said. He was called 
     on frequently to negotiate, through an interpreter, with 
     tribal leaders, who liked him so much they gave him a Muslim 
     name.
       ``He was only 30-years-old but he was an old soul,'' said 
     Krakauer.


                        ``Worst-case scenario''

       The nearly 300 members of the 3rd Squadron, 71st Calvary 
     Regiment had a grueling mission; they lost an average of 15 
     to 20 percent of their body weight, pulling 16- to 18-hour 
     days, seven days a week, often in 100-plus degree 
     temperatures.
       In one of the longest maneuvers in recent US military 
     history, they trekked by Humvee along dirt paths and steep 
     mountain passes from a US base in southern Afghanistan to 
     remote Nuristan province in the northeast, about the distance 
     between New York and Washington, D.C.
       ``We moved into unknown terrain,'' recalled Abbott, the 
     squadron's operations officer, noting even the Soviet army 
     did not venture there during its brutal occupation of 
     Afghanistan in the 1980s.
       ``Sergeant Monti went out with reconnaissance teams to 
     learn the people,'' he said, ``to learn the populace, and to 
     gain knowledge of a terrain that nobody had ever been 
     employed in before.''
       Monti's last mission was to scout Taliban positions near 
     infiltration routes from neighboring Pakistan--mainly goat 
     trails thousands of feet up--and gather targeting data for a 
     larger offensive, dubbed Operation Gowardesh after the nearby 
     town, to take place a few days later.
       On the evening of June 17, 2006, the patrol was ferried by 
     helicopter a few miles from the town. To avoid detection and 
     the sweltering heat, they moved mostly in the dark, using 
     night-vision equipment to navigate the rugged terrain.
       On June 20, they stopped on a narrow ridge overlooking the 
     Gremen Valley, with steep inclines on both sides, that 
     commanded a view of several enemy positions.
       The 16 soldiers set up their observation post on a sloping 
     patch of ground, about 165 feet long and 65 feet wide, with a 
     tree line at the top end and a few large rocks, a portion of 
     an old stone wall, and a few small trees at the lower end, 
     according to the Army's recreation of the battle.
       The next morning Monti was informed that the larger US 
     assault would be delayed for three days--the helicopters and 
     troops were needed elsewhere--leaving them low on food and 
     water. The plan had been to use the cover of the US assault 
     to resupply them by helicopter; now the resupply could expose 
     them to the enemy.
       At about 1:30 p.m., Monti took most of the patrol to meet a 
     resupply helicopter about 500 feet away. A small group stayed 
     behind. They soon spotted a local man down in the valley 
     using military-style binoculars to look up toward their 
     position before he picked up a satchel and disappeared.
       ``It was the worst-case scenario,'' said former Army 
     Captain Ross A. Berkoff, the squadron's intelligence officer, 
     who was

[[Page 21283]]

     monitoring the situation from about 6 miles away. ``We 
     stirred up a hornet's nest.''


                        well-coordinated attack

       When the enemy fighters opened fire on the patrol just 
     before nightfall, the two soldiers nearest the woods bolted 
     down the slope to seek cover behind rocks.
       Sergeant Patrick Lybert, 28, of Ladysmith, Wis., was 
     crouched behind a low stone wall, in the best position to 
     fire back. The others could barely raise their heads to aim.
       The patrol faced between 60 and 80 fighters, most of them 
     members of Hezb-e-Islami Gulbuddin, a local tribal militia 
     aligned with the Taliban, according to Berkoff.
       Monti calmly reported over the radio that the patrol was at 
     risk of being overrun, according to officers in the 
     operations center a few miles away. As shoulder-launched RPGs 
     (rocket-propelled grenades) skipped off the rocks right above 
     his head, he began plotting grid coordinates for another 
     group of soldiers on another ridge to fire mortar shells at 
     the advancing fighters.
       Within minutes, Lybert, who had been holding off the enemy 
     from behind the stone wall, slumped forward, blood coming out 
     of his ears.
       The tribal militia split into two groups to try to encircle 
     the patrol. Soldiers who still had weapons passed them back 
     and forth to the one in the best position to fire back.
       The enemy ``had one goal in mind,'' said Abbott, who was 
     monitoring the battle from the command post. ``To overrun and 
     kill everybody in Monti's squad.''
       Monti saw a group of fighters closing in fast. When they 
     came within 30 feet, he threw a grenade in their path. He 
     then took a head count. Private Brian Bradbury, who had been 
     near the tree line, was missing.


                             a dark ending

       Monti called out for him over the din of the battle. He 
     called again. Finally, the 22-year-old from Lowville, N.Y., 
     replied weakly that he was badly injured and couldn't move. 
     He was lying about 30 feet away, where Monti couldn't see 
     him, but directly in the enemy's sights.
       Monti told Bradbury he was coming to get him. He handed off 
     his radio, tightened the chin strap of his helmet, and ran 
     out into the open. The woods, about 100 feet past Bradbury, 
     immediately erupted with more gunfire and RPGs.
       Moving low and fast, according to the testimony of his 
     fellow soldiers, Monti got within less than a dozen feet of 
     Bradbury before he had to dive behind the low stone wall 
     where Lybert lay dead. After a brief pause, he made another 
     attempt but the shooting was even more intense. He scrambled 
     back behind the low wall.
       He prepared to make another attempt to save Bradbury, this 
     time asking some of his men to cover him with more gun fire 
     trained on the woods. But as he lunged toward Bradbury the 
     third time, an RPG exploded in his path.
       The blast blew off his legs, but Monti struggled to get 
     back to the stone wall, his men calling out in encouragement. 
     With his last breaths, his soldiers later reported, Monti 
     said he made his peace with God. And right before he died he 
     asked them to tell his family he loved them.
       As darkness fell over the valley, the mortar rounds Monti 
     called for began to hit the enemy positions. US aircraft also 
     dropped several bombs into the woods.
       ``Monti's selfless act of courage rallied the patrol to 
     defeat the enemy attack,'' the Army concluded.
       It was dark by the time Bradbury was pulled to safety and 
     treated by the medic. A helicopter arrived but couldn't land 
     because of the rough terrain. Staff Sergeant Heathe Craig, 
     28, a medic from Severn, Md., was lowered to Bradbury, who 
     had a team of doctors waiting to treat him back at the base. 
     But as they were being hoisted up, the winch broke. Both fell 
     to their deaths.
       Berkoff remembered standing in front of the field hospital 
     and thinking, ``Could anything possibly go right today?''
       Monti was posthumously promoted to sergeant first class.
       As she prepares to accept the Medal of Honor from the 
     president for her son's sacrifice, Janet Monti says she can't 
     help but wonder what Jared would think about it. ``He would 
     say this medal isn't just for me. He would want to share this 
     medal with everybody who died that day.''

                          ____________________




                     HONORING RICHARD KUCKENBECKER

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. RADANOVICH. Madam Speaker, I rise today to commend and 
congratulate Richard Kuckenbecker upon being named by the Madera 
District Chamber of Commerce as a 2009 Lifetime Achievement Award 
Honoree. Mr. Kuckenbecker will be recognized on Wednesday, August 26, 
2009 at the Fifth Annual Lifetime Achievement Awards and Installation 
Dinner.
  Richard Kuckenbecker was born in Sanger, California. At the age of 
five, he began to spend time in his father's business, Kuckenbecker 
Tractor Company. As a young man, he would assist by sweeping the 
floors, cleaning the lavatory and completing tasks that needed to be 
done around the shop. Upon graduating from high school, Mr. 
Kuckenbecker attended Fresno State, where he played baseball. Just shy 
of completing his Bachelor's Degree, he left school and returned to the 
family business. Mr. Kuckenbecker was twenty-one years old when he took 
over Kuckenbecker Tractor Company, he was the youngest tractor dealer 
in the nation. During college he met Lynn Bashian, and in May 1964 they 
were married and promptly moved to Madera from Fresno. Kuckenbecker 
Trucking Company has been in the family for sixty-five years. Since Mr. 
Kuckenbecker took the reigns the business has changed locations and 
expanded to include a dealership in Fresno in 1982.
  Mr. Kuckenbecker has always been dedicated to his community. He is a 
founding member and President of the Madera County Ag Boosters, serves 
on the board of the California State University, Fresno Ag One. He is a 
member of the Far West Equipment Dealers Association, National 
Association of Farm Equipment Dealers, Ford Motor Company Dealer 
Council, Madera Historical Society. Mr. Kuckenbecker served as a judge 
for the Fresno Bee Excellence in Business award. He has also won the 
Madera District Fair Blue Ribbon award. For his civic duty, he served 
on the Madera Planning Commission. For all that he has done for the 
community, Mr. Kuckenbecker was selected as the first Madera District 
Chamber of Commerce Agribusiness Person of the Year. He has received 
the Fresno County Farm Bureau Distinguished Service award and the 
Fresno Bee Excellence in Business Award for Agriculture.
  Mr. Kuckenbecker and his wife Lynn have three children and five 
grandchildren, with another grandchild on the way. He continues to own 
and operate Kuckenbecker Trucking Company in Madera and Fresno.
  Madam Speaker, I rise today to commend and congratulate Richard 
Kuckenbecker upon being honored as the Madera Chamber of Commerce 2009 
Lifetime Achievement Award. I invite my colleagues to join me in 
wishing Mr. Kuckenbecker many years of continued success.

                          ____________________




             RECOGNIZING THE CONTRIBUTIONS OF CHASE SIMMONS

                                 ______
                                 

                           HON. RALPH M. HALL

                                of texas

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. HALL of Texas. Madam Speaker, I want to thank a member of my 
staff who is leaving us to move back to ``our'' home state of Texas. 
After earning a degree in Psychology from Texas A&M University, Chase 
Simmons came to Washington and spent the last 4 years here on Capitol 
Hill. He served as a Senior Staff Assistant for the Committee on Energy 
and Commerce and joined the Committee on Science and Technology in 2007 
as our Committee Clerk. Chase first came to Capitol Hill in 2005 
serving as an intern in my office.
  Chase has worked hard to help me serve the people of the 4th District 
of Texas and assisted the Members of Congress serving on the Committee 
on Science and Technology.
  I thank him for his efforts and wish him well in the future.

                          ____________________




AGAINST THE CONSOLIDATION OF THE OTEEN POST OFFICE IN ASHEVILLE, NORTH 
                                CAROLINA

                                 ______
                                 

                           HON. HEATH SHULER

                           of north carolina

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. SHULER. Madam Speaker, as the son of a rural postal carrier, I 
was raised with the United States Postal Service as an integral part of 
my community, my family, and my life. I grew up understanding the vital 
role a rural post office can play in terms of jobs, small businesses, 
and local economies. Today the Postal Service is in jeopardy. With 
increasing reliance on electronic communication, fewer and fewer 
citizens are using standard mail to send and receive correspondence.
  To counter the reduction in usage and their enormous deficit, the 
United States Postal Service has been forced to implement difficult 
cost-cutting measures. Among these measures is the consolidation of 
numerous post office branches throughout the country. In my

[[Page 21284]]

postal region alone, the Mid-Carolinas District, 6 of the 80 post 
offices that service the area have been closed in the past year. The 
Post Master General estimates that over the next year, approximately 
300 post offices nationwide will be forced to shut their doors. This 
will result in job losses and reduced community access to postal 
services for individuals and businesses.
  I am particularly concerned about the Oteen Post Office in Asheville, 
which is currently under review for consolidation in my district. There 
has been tremendous local resistance to the possible closing of the 
Oteen Post Office, especially because the facility is located directly 
across the street from the Charles George Veterans Affairs Medical 
Center. The VA hospital is reliant on the Oteen Post Office to meet the 
correspondence needs of its patients, as well as the critical 
administrative needs of the medical center staff. For example, the 
Oteen facility provides fee-based presorting services to 18 different 
departments of the VA hospital and early mail pick-up to expedite the 
delivery of vital medical paperwork. Should the facility close, 
employees of the VA hospital and citizens in the area would have to 
drive almost 14 miles roundtrip to access the nearest retail postal 
facility.
  Furthermore, it is important to remember that many elderly and rural 
citizens, poor people and people without permanent residences rely 
solely on post office boxes to receive their mail. By closing the Oteen 
Post Office, as with many post offices around the country, we are 
complicating access to these post office boxes and putting further 
strain on our veterans, senior citizens, and those with limited means.
  Consolidation of post offices is not the best solution to this 
crisis. In many instances, it is detrimental. Rather than shutting post 
office doors, we should look at other streamlining solutions that are 
already being successfully implemented. We should explore proven 
solutions such as adjusting post office hours to reflect customer use, 
extending early retirement eligibility to USPS employees, and adjusting 
postal delivery routes to better reflect the diminished volume of mail.
  Madam Speaker, we need to keep Oteen and post offices like it open. I 
strongly encourage my colleagues to consider alternatives to rural post 
office consolidation and job loss that will help streamline the efforts 
of the postal service, cut costs, and increase efficiency.

                          ____________________




                        RECOGNIZING JOSH ECKHOFF

                                 ______
                                 

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mrs. EMERSON. Madam Speaker, I rise today to commend Josh Eckhoff to 
the U.S. House of Representatives and to recognize his tremendous 
contribution to our nation. Josh's story is a testament to his 
selflessness and an example of service every American citizen should 
take to heart.
  After he graduated high school, Josh volunteered to join the Missouri 
National Guard. He was called to service in Iraq on two occasions. On 
his first deployment, Josh trained Iraqi soldiers to provide security 
for convoys tasked with transporting supplies. When he returned home, 
Josh enrolled in the University of Missouri at St. Louis. He was then 
deployed to New Orleans in the aftermath of Hurricane Katrina.
  Then, in September of 2007, Josh was called to duty in Iraq again. 
This time his mission was clearing roads. He had been in Iraq for six 
months when an improvised explosive device exploded, causing him 
serious injury. After several surgeries, tremendous hardship, difficult 
rehabilitation and a long recovery, Josh is now back in St. Louis, 
where he will complete his degree.
  He has received the Purple Heart and the Bronze Star for his courage, 
and he is a great example of perseverance to everyone in my home state 
of Missouri. He will be the Parade Marshall in the annual Cotton 
Carnival Parade in Sikeston, Missouri, on October 3 this fall. We will 
give him a hero's welcome in Southern Missouri, and I think it is 
highly appropriate that Josh Eckhoff receive the same recognition in 
this Congress for his many accomplishments, past, present and future.

                          ____________________




           RECOGNIZING ELOISE McCALL OF ZEPHYRHILLS, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
honor Eloise Enoyer McCall of Pasco County, Florida. In a couple of 
days, Eloise will do something that all of us strive to do, but that 
very few of us will ever accomplish, celebrate her 100th birthday.
  Born September 11, 1909 in South Sabius, New York, she now resides in 
Zephyrhills, Florida. Eloise was married for 53 blissful years to her 
late husband Carl McCall. Together they had three sons, Gerald, Leonard 
and Bernard.
  For the past 27 years Eloise has been a member of the Zephyrhills 
tourist club where she still goes dancing every week.
  Madam Speaker, I ask that you join me in honoring Eloise Enoyer 
McCall for reaching her 100th birthday. I hope we all have the good 
fortune to live as long as her.

                          ____________________




IN RECOGNITION OF THE 150TH ANNIVERSARY OF THE FIRST BAPTIST CHURCH OF 
                           BOLIVAR, MISSOURI

                                 ______
                                 

                             HON. ROY BLUNT

                              of missouri

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. BLUNT. Madam Speaker, I rise today to honor the First Baptist 
Church in Bolivar, Missouri, which is celebrating its 150th anniversary 
of serving its community guided by the teachings of Jesus Christ. 
Starting with a charter group of seven believers in early September, 
1859, today the First Baptist Church in Bolivar includes more than 
1,500 members.
  Its 150 year history has been marked by steady growth and renewed 
commitments of service to the community and members of its 
congregation. Today, First Baptist in Bolivar provides more than 
spiritual richness; it offers recreation, child care, educational and 
family support through an array of missions, programs and services all 
geared to serve God.
  It started as a small charter group organized as the ``United Baptist 
Church of Jesus Christ at Bolivar'' and at its second meeting voted to 
build a house of worship--the first of what would be five structures. 
With unrest in the nation caused by events that would lead to civil 
war, the church treasury was empty in January, 1861. Three months later 
with the start of the Civil War, construction of the new church for its 
17 worshipers was halted. The building was left unfinished and in debt.
  The conclusion of the war left only four members of the original 
congregation living in Bolivar. It was 1866 when D.R. Murphy stepped 
into the leadership role at the struggling church. As pastor, Murphy 
took up the call to resume construction of the church building and 
mount a donated church bell in the new tower.
  Two years later the church was still under construction, but the 
congregation decided to move their worship services from the courthouse 
to the new church in August, even before the walls were plastered. The 
building was painted with pews and kerosene lamps in place by the end 
of the year, and the Bolivar church began to grow.
  The first organized choir could be heard in 1869 accompanied by organ 
music. And the size of the congregation underwent a dramatic increase 
when Southwest Baptist College was moved from Lebanon to Bolivar in 
1880. A month-long revival in January saw the congregation more than 
double, including the baptism of 28 people on February 8, 1880.
  By 1888, the church's name had been changed to the First Baptist 
Church, and membership continued to increase as the town and nearby 
college grew in population. In 1897 an entirely new building, complete 
with baptistery and gravity furnace, was in place. It was wired for 
electricity in 1901. It was replaced in 1926 with larger quarters on 
the northern half of Block #32 as Sunday school enrollments and 
congregational growth demanded expanded educational quarters. Other 
expansions came in 1959 and in the early 1980s.
  The character of the First Baptist Church in Bolivar has been shaped 
over the decades by its location in the bedrock center of the nation 
and its close relationship with Southwest Baptist University, where I 
had the privilege of serving as President before my tenure in Congress. 
Education and leadership have given the church a unique outlook on the 
world, its community and the good works it does in the Lord's name.
  First Baptist is making plans for their 150th anniversary celebration 
events throughout the month of September. The anniversary theme is 
Celebrate God's Faithfulness--Yesterday, Today, Forever. As my former 
house of worship, I know the people of this congregation, their work 
ethic, their love of God and the strength of their faith as they serve 
their community and the world.

[[Page 21285]]



                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                        HON. J. GRESHAM BARRETT

                           of south carolina

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. BARRETT of South Carolina. Madam Speaker, unfortunately I missed 
recorded votes on the House floor on Tuesday, September 8, 2009.
  Had I been present, I would have voted ``no'' on rollcall vote No. 
687 (on motion to suspend the rules and agree to H.R. 324); ``aye'' on 
rollcall vote No. 688 (on motion to suspend the rules and agree to H.R. 
310); ``aye'' on rollcall vote No. 689 (on motion to suspend the rules 
and agree to H.R. 3123).

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. FRANK D. LUCAS

                              of oklahoma

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. LUCAS. 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 for Fiscal Year 2010: This project, a SOCOM/
Oklahoma State University collaboration, will perform testing, 
integration and commercialization of chemical, biological, 
radiological, nuclear and explosive (CBRNE) and command, control, 
communications, computers, intelligence surveillance, reconnaissance 
(C4ISR) sensor-related technologies.

                          ____________________




         IN HONOR OF CONGRESSMAN WILLIE GATHREL ``BILL'' HEFNER

                                 ______
                                 

                          HON. JOHN P. MURTHA

                            of pennsylvania

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. MURTHA. Madam Speaker, I rise today to recognize Willie Gathrel 
``Bill'' Hefner. Bill was a unique Member of Congress and served with 
distinction as the Chair of the Military Construction Subcommittee for 
many years. Few Members could match his contribution to the defense of 
this country. He represented his congressional district well, but never 
lost sight of national goals, whether those dealt with education, law 
enforcement, or defense. Many times he would sit on the floor listening 
intently to debate and he became one of the best extemporaneous 
speakers that ever served in Congress. Madam Speaker, Bill Hefner was a 
good friend and an outstanding American.

                          ____________________




           CELEBRATING THE FRANKLIN SCHOOL 100TH ANNIVERSARY

                                 ______
                                 

                           HON. SCOTT GARRETT

                             of new jersey

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. GARRETT of New Jersey. Madam Speaker, this evening, the Franklin 
School in Bergenfield will celebrate 100 years of exceptional education 
offered in New Jersey's 5th District. Erected in 1908, Franklin School 
arose to meet the need for a notable educational facility within this 
expanding community in Bergen County. Its humble beginnings were made 
up of a $15,000 budget and only 10 students grades K-12. Since then, 
Franklin School has grown to a diverse group of 365 students from 
grades K-5 that captures the excellence of what Bergen County students 
have to offer. With a dedicated teaching staff, Franklin School has 
found new and exciting strategies for enabling its students to excel in 
all areas of their instruction. Their mission is to put children first 
and this directive has given incentive to provide the student body with 
the necessary tools and guidance to obtain success. With laptop labs to 
teach communication skills, learning centers to further judge and 
improve performance, and performance measures put in place to 
continually improve all educational offerings delivered to those who 
attend, Franklin School has established the gold standard in 
educational offerings.
  The Franklin School is an exceptional educational facility that has 
nurtured and sent forth successful students for the past 100 years. I 
am proud of its accomplishments and expect great things from those who 
have been offered invaluable guidance from this notable school. Because 
of committed administrators and selfless teachers who have put their 
time and effort into the educational program offered to their students, 
Franklin School has made this community in my district a better place. 
I wish all the very best to the Franklin School and all its staff and 
students in their next 100 years to come.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. CONNIE MACK

                               of florida

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. MACK. 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. 3293, The Departments of 
Labor, Health and Human Services, and Education Appropriations Act, 
2010.
  Project Name: FGCU Impact of Freshwater Flow into Coastal Waters--
FGCU Coastal Watershed Institute
  Requesting Member: Congressman Connie Mack
  Bill Number: H.R. 3293, The Departments of Labor, Health and Human 
Services, and Education Appropriations Act, 2010.
  Account: Higher Education (includes FIPSE)
  Legal Name of Requesting Entity: Florida Gulf Coast University
  Address of Requesting Entity: 10501 FGCU Blvd., South, Fort Myers, FL 
33965
  Description of Request/Justification of Federal Funding: $350,000; 
Florida's coast is a principal economic driver attracting millions of 
tourists and thousands of residents to the coastal communities of 
Southwest Florida. Proper management of the freshwater that the coastal 
environment receives is critical to preventing toxic algal blooms and 
negative impacts on recreational and commercial fisheries. FGCU is 
requesting federal funding for their Coastal Watershed Institute to 
address the impacts associated with changes in the freshwater flows 
into the area. This project is geared to students learning about future 
management of our fragile ecosystems.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. CAROLYN McCARTHY

                              of new york

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mrs. McCARTHY of New York. Madam Speaker, I am continuing to recover 
from back surgery. Yesterday, I missed 3 votes. Had I been present, I 
would have voted as follows.
  Rollcall No. 687, on the Motion to Suspend the Rules and Pass H.R. 
324, I would have voted ``yea.''
  Rollcall No. 688, on the Motion to Suspend the Rules and Pass H.R. 
310, I would have voted ``yea.''
  Rollcall No. 689, on the Motion to Suspend the Rules and Pass, as 
Amended, H.R. 3123, I would have voted ``yea.''

                          ____________________




                         HONORING DONNA GARSKE

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. WOOLSEY. Madam Speaker, it is with great pleasure that I rise 
today to recognize Donna Garske for her deep commitment to ending 
violence against women. Congratulations to Donna as she celebrates this 
milestone of three decades of service to the Marin Abused Women's 
Services, and the survivors of domestic violence that the organization 
serves.
  Through her leadership, Donna has raised awareness of the importance 
and prominence of domestic violence in Mann County and beyond. As a 
result of her devoted efforts, abused and battered women and girls have 
increased access to safety and justice.
  The enthusiasm and passion she exhibits for her work is truly 
commendable. From her directorship of the Marin Abused Women's 
Services, to her service with the California Alliance Against Domestic 
Violence and her scholastic focus on abuse prevention, she has remained 
an influential and inspiring leader.
  Donna's work on behalf of women knows no borders. With the Network of 
East/West Women, Donna creates dialogue with women in Eastern/Central 
Europe and the former Soviet Union about violence against women. 
Earlier in her career, Donna's passion and commitment took her to the 
Institute for the Study of Male Violence at Stirling University in 
Scotland where she studied violence issues.
  Since her early work as a counselor at the Women's Transitional 
Living Center and board member of the National Coalition Against 
Domestic Violence, Donna's advocacy on behalf of women remains firm and 
strong.

[[Page 21286]]

  Madam Speaker, Donna Garske's unstinting dedication to ending 
violence against women shows citizens in our community the power one 
person has to make an important difference. Over the years, it has 
truly been a pleasure for me to work with her. Thank you, Donna, and 
congratulations.

                          ____________________




                        TRIBUTE TO HARRIET BUCY

                                 ______
                                 

                        HON. JOHN M. SPRATT, Jr.

                           of south carolina

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. SPRATT. Madam Speaker, I want to call the attention of the House 
to the remarkable life and work of Harriet Bucy, because it is 
inspiring and a shining model of what citizenship in a democracy is all 
about,
  When Harriet Bucy died on May 8, 2008, she left a void in her 
community. She was one of those rare individuals who seem to have more 
energy and enterprise than the rest of us. Only a week before her 
death, the City Council of Rock Hill recognized Harriet Bucy for her 
role in having Rock Hill selected among the one hundred best 
communities in America for young people. Accomplishments like these 
will last long after her.
  Harriet Bucy was an artist and used her passion for art to teach it 
to others. Her spirit and ability as a teacher won her the notice of 
school district officials, and she was drafted for a succession of 
assignments. In each, it became clear that she had a gift for inspiring 
and managing others.
  Harriet Bucy was a founder of the Rock Hill School District 
Foundation, and helped it build a network of support, and provide 
numerous teachers with thousands of dollars in scholarship grants. Like 
other institutions she created, it carries on.
  Harriet Bucy started the Community and Leadership Support Program, 
better known as CLASP, and continued forging relationships between 
schools and organizations in the community. Governor Riley's Education 
Improvement Act mandated more involvement between schools and 
community, without specifying how these relationships were to be 
created. Harriet Bucy built the model that worked, not only in Rock 
Hill but in other districts who came to see what Rock Hill had 
accomplished under her guidance.
  I have attached a eulogy in tribute to Harriet Bucy published in the 
Herald, shortly after her death, and ask that it be printed after my 
statement, as a memorial to this woman ``with an overarching ability of 
bringing people together.''

                    [From the Herald, Sept. 9, 2009]

                         Bucy Served Community

       Harriet Bucy always contended that a community partnership 
     was more than just a financial contribution. A real 
     partnership involved families, business and industry, clubs, 
     the faith community and organizations.
       Bucy, who died Thursday at the age of 69, proved how 
     important such a partnership could be during her 23 years as 
     the Rock Hill school district's first community leadership 
     director. That partnership has endured.
       The Rock Hill school district was among the first in the 
     state to fully embrace mandates in the 1984 Education 
     Improvement Act to involve parents, businesses and the 
     community more in schools. But the EIA did not provide a 
     blueprint for how to do that and, when Bucy signed on, she 
     practically had to invent her own job.
       Fortunately, she was not at all reluctant to do that. One 
     goal was to bring in donations, and she was particularly 
     adept at the business end of the job, soliciting millions of 
     dollars worth of donations and volunteer hours each year.
       But she also had taught private art classes while her three 
     sons were growing up and had taught art and history at 
     Rawlinson Road Middle School from 1982 to 1985 when the 
     school was a junior high school. So, she brought both a love 
     of art and a passion for educating children to the job.
       She worked with Rock Hill Clean & Green to create an 
     environmental education and recycling program. She worked 
     with what then was the Rock Hill Chamber of Commerce to 
     sponsor an education initiative. She enlisted teachers and 
     parents to create the Rock Hill Reads program.
       Much of this came under the umbrella of CLASP, the 
     district's Community Leadership and Support Program. Bucy 
     also worked closely with the district's Dropout Prevention 
     Network, New Teacher Institute and America's Promise project, 
     and was active in civic work such as supporting the York 
     County Museum.
       Bucy soon was being consulted by other school districts in 
     the state. Rock Hill's program became a model not only for 
     school districts in the state but also nationwide.
       Her overarching talent was an ability to bring together 
     people from all parts of the community, from different 
     backgrounds and different lifestyles, all for the purpose of 
     furthering the quality of education. That good work has 
     provided the foundation for programs that will continue to 
     serve the needs of children for generations to come.
       A grateful community joins her family and many friends in 
     mourning her loss.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. WOOLSEY. Madam Speaker, on July 31, 2009, I was unavoidably 
detained and was unable to record my vote for rollcall No. 685. Had I 
been present I would have voted:
  Rollcall No. 685: No--On Motion to Recommit with Instructions, 
Corporate and Financial Institution Compensation Fairness Act.

                          ____________________




                    HONORING TOM AND DAVE SCHOETTLER

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. RADANOVICH. Madam Speaker, I rise today to commend and 
congratulate Tom and Dave Schoettler upon being named by the Madera 
District Chamber of Commerce as a 2009 Lifetime Achievement Award 
Honorees. They will be recognized on Wednesday, August 26, 2009 at the 
Fifth Annual Lifetime Achievement Awards and Installation Dinner.
  Tom was born in Glendale, California and Dave was born in Fresno, 
California to Hal and Loretta Schoettler. They are two of six children; 
they were business partners, allies and friends. They both attended 
Madera High School and participated in athletics; Tom graduated in 1950 
and Dave graduated in 1951.
  During high school Tom began working for his father at Schoettler 
Tire; this is where he met his future wife, Ila. He joined the United 
States Navy after high school and was stationed at Camp Pendleton. Tom 
was recognized with the Honor Man of Unit Award while in the Navy. He 
served as a Dental Technician and considered a dental career; however 
when he exited the Navy, his father needed him at the store. Tom went 
back to work at Schoettler Tire and is still working there today.
  After high school, Dave attended the University of California, 
Berkley. He received a Bachelor' Degree in Business and was a member of 
the Reserve Officers' Training Corps. Dave married his wife, Dwynn and 
he entered the United States Air Force. He served as Captain of the B-
47 Bomber squadron. Dave and Dwynn were stationed in Homestead, 
Florida. Upon fulfilling his duty with the Air Force, he returned to 
central California to own and operate a tire business in Coalinga and 
on the central coast.
  In 1974 Tom and Dave became partners in Schoettler Tire of Madera. 
The business, currently in the third generation on family partnership, 
has changed locations a few times but it is still family owned and 
operated. Dave and Tom operated Schoettler Tire for thirty-four years 
focusing on the values that were instilled in them by their father: 
integrity, honesty and loyalty. These values led Schoettler Tire to not 
only be the largest tire company in the area, but a leader in the 
industry for excellence in customer service.
  Tom and Dave have been active in the community. Tom is a member of 
the American Legion, Italian American Club, St. Joachim's Church, Boy 
Scouts and the Knights of Columbus, where he served as Grand Knight. 
For his service he has been recognized by Heartland Opportunity. Dave 
served on the National Board of Tire Companies, was a member of Madera 
Elks, served as President of Phi Kappa Tau and was an alumnus of UC 
Berkley. Schoettler Tire actively supports and is a member of the 
Madera Chamber of Commerce and has received numerous awards in the tire 
industry for sales and customer service. Beyond the time that both men 
have given to the community, they have also both been financially 
generous to many local clubs and organizations.
  Tom and Ila have been married for fifty-six years. They have five 
sons, twenty grandchildren and nine great-grandchildren. Dave and Dwynn 
had been married for fifty years when Dave passed away in 2008. They 
have two sons, a daughter and six grandchildren.
  Madam Speaker, I rise today to commend and congratulate Tom and Dave 
Schoettler upon being honored as the Madera Chamber of Commerce 2009 
Lifetime Achievement Award Honoree. I invite my colleagues to join me 
in wishing Tom and Dave's family many years of continued success.

[[Page 21287]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. FRANK D. LUCAS

                              of oklahoma

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. LUCAS. 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 for Fiscal Year 2010. The ASSET program 
develops, tests, and transfers cost-effective logistics support 
technologies to reduce the costs associated with support of aging 
weapon systems and aircraft. The program addresses DOD needs for 
procuring replacement parts for aging systems and aircraft, and helps 
DOD confront problems associated with corrosion.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. DUNCAN HUNTER

                             of california

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. HUNTER. 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. 3226, Department of 
Defense Appropriations Act, 2010:
  I received $3,000,000 for Trex Enterprises at 10455 Pacific Center 
Court, San Diego, CA 92121. Funding for this program will be used to 
complete development, flight testing and integration of the Brownout 
MMW Sensor that will reduce aircraft accident risk and allow aircrew 
visibility through the full range of landing and take-off operations in 
otherwise extremely hazardous flight conditions. ``Brownout'' is a 
situation Army aviators experience in combat operations daily in Iraq 
and Afghanistan. Created by helicopter rotor downwash, it continues to 
cause aircraft accidents and remains a high risk to flight safety.
  Specifically, as aircraft approach the ground, a thick plume of brown 
desert dust, dirt and sand disturbed by high velocity winds from rotor 
systems engulf the aircraft, causing a complete loss of the pilot's 
visual reference to the ground. The Brownout Situational Awareness 
Sensor, BSAS, is a cockpit display system capable of providing the 
aircrew visibility through the blowing sand and dust. This technology 
will greatly reduce the loss of aviator lives, loss of aircraft and 
reduce the amount of maintenance requirements resulting in damages from 
Brownout situations. Brownout is among the biggest hazards to rotary-
wing operations in Iraq and Afghanistan, contributing to more than 71 
U.S. helicopter accidents. Providing this capability is critical to 
aircrew safety and combat readiness.
  I also received $2,000,000 for CHI Systems at 12860 Danielson Court, 
Suite A, Poway, CA 92064. There is currently insufficient training 
provided to soldiers on the most crucial battlefield lifesaving 
situations. Medics and soldiers, in many instances, lack the experience 
to act swiftly and effectively in combat casualty situation. By 
combining instrumented manikin parts that support hands-on practice 
with computer based scenario training, this funding will complete the 
HapMed Combat Medic Trainer development and provide medics and soldiers 
the ability to practice critical lifesaving tasks. In addition to 
providing realistic training scenarios, HapMed is also portable, so 
soldiers can continue to train while they are deployed. This system has 
received high praise in its ability to train soldiers for medical 
treatment on the battlefield. According to a Science and Technology 
Manager for the Army, ``New technologies such as HapMed are needed to 
provide medics with greater opportunities to develop and test their 
decision making and technical medical skills.''
  New Army recruits must receive training in Buddy Aid or as Combat 
Life Savers (CLS). Currently, insufficient training is provided to help 
soldiers and medics acquire and maintain some of the crucial 
battlefield lifesaving skills such as tourniquet application, needle 
chest decompression, and emergency cricothyrotomy, addressing, 
respectively, the top three causes of preventable death on the 
battlefield. In order to perform these lifesaving functions under 
battlefield conditions, military personnel must have the awareness and 
confidence to act swiftly and effectively.
  Further, I received $1,500,000 for General Atomics Aeronautical 
Systems at 14200 Kirkham Way, Poway, CA 92064. The Predator C has been 
designed and developed as the next generation aircraft in the extremely 
successful Predator series Unmanned Aircraft System. Predator C was 
designed in order to make the airplane more survivable in higher threat 
areas and to provide the U.S. Air Force with an armed reconnaissance 
capability that will be able to fly into many areas around the world 
undetected.
  Predator C is slightly larger than Predator B and is capable of 
carrying 2000 pounds of the same mix of weapons as Predator B. Predator 
C will provide the U.S. Air Force with additional covert capability, 
enhanced by much higher operational and transit speeds for quick 
response and quick repositioning for improved mission flexibility and 
survivability. This system also provides variations in signature 
reduction technologies. Furthermore, Predator C means more jobs 
contributing to San Diego's local economy while providing the men and 
women on the ground the resources they need to accomplish their 
mission.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. K. MICHAEL CONAWAY

                                of texas

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. CONAWAY. 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. 3326--Department of 
Defense Appropriations Act, 2010.
  Defense Critical Languages and Cultures Initiative--(Center for 
Security Studies) Angelo State University. The funding would be used 
for the University's Center for Security Studies which will produce 
cross culturally competent students able to understand and influence 
outcomes in support of American national security objectives. The 
Center for Security Studies will directly benefit Goodfellow Air Force 
Base by providing an educational degree completion for faculty as well 
as research opportunities on existing and emerging Air Force language, 
culture and intelligence requirements. Extra instructional capacity for 
Goodfellow Air Force Base in Mandarin and Arabic is also achieved. The 
project is located at Angelo State University, 2601 W. Avenue N, San 
Angelo, TX 76909.
  Mobile Firing Range for the Texas Army National Guard. The Mobile 
Firing Range is a self contained range that allows for the firing of 
pistol and rifle systems for the Texas National Guard. Currently there 
is no opportunity to fire weapons for training or qualification without 
traveling to a certified range on a military installation. The Texas 
National Guard currently does not have access to any indoor ranges that 
can be used to fire the M16/M4 which is the current armament for 90 
percent of the soldiers within the Texas National Guard. The Mobile 
Firing Range will allow soldiers to train with their assigned weapons 
at home station. This system is a training and force multiplier due to 
the negation of travel and lodging, and staging needed when conducting 
this training on a military facility. The entity to receive funding for 
this project is Texas National Guard, 2200 West 35th Street, Austin, TX 
78763.
  Center for Hetero-Functional Materials. The U.S. Army Research and 
Laboratory Material and Devices division has deemed the Center for 
Hetero-Functional Materials, CHM, as critical to developing next 
generation devices for the military. CHM provides the infrastructure 
and resources required for research and development of new materials 
and processes that will be required for the fabrication of next 
generation military devices. This initiative integrates multiple 
disciplines to help produce a new range of materials that will lead to 
new devices with unprecedented capabilities. The entity to receive 
funding for this project is Texas State University at San Marcos, 601 
University Drive, San Marcos, TX 78666.
  Compact Pulsed Power Initiative. This funding would be used for the 
development of explosive or battery-operated, compact, high-power 
radiation sources and associated antenna systems capable of destroying 
electronics used for radars, communications, computer, or remote 
detonation devices, and others that can disable car engines. The 
information gained from this research will be significant in furthering 
our nation's defense capabilities especially in the area of disabling 
and destroying IEDs. The entity to receive funding for this project is 
Texas Tech University, 2500 Broadway, mail stop 3121, TX 79409.
  Field Deployable Hologram Production System. This funding would be 
used for completing development of a compact production unit that 
produces 3D holographic imagery for mission planning and intelligence 
purposes for U.S. forces in Iraq and Afghanistan. The Army requests a 
self-contained, field-deployable EHI production system to accelerate 
imagery delivery to combat forces. The goal is a more efficient, cost 
effective production system that provides the deployed war fighter 
needed

[[Page 21288]]

planning and intelligence capabilities on a much faster basis. The 
entity to receive funding for this project is Zebra Imaging, Inc, 9801 
Metric Blvd, Austin, TX 78758.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. JEFF FORTENBERRY

                              of nebraska

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. FORTENBERRY. Madam Speaker, on rollcall No. 691, I was 
inadvertently delayed.
  Had I been present, I would have voted ``yes.''

                          ____________________




 RECOGNIZING OHIO NATIONAL FINANCIAL SERVICES ON ITS 100TH ANNIVERSARY

                                 ______
                                 

                           HON. JEAN SCHMIDT

                                of ohio

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mrs. SCHMIDT. Madam Speaker, I rise today to recognize the One 
Hundred Year Anniversary of Ohio National Financial Services. On this 
day one century ago, Ohio National began operating in its original home 
on Fourth Street in downtown Cincinnati. Their first policy was issued 
in October a year later.
  Today, Ohio National continues a proud tradition as a community 
leader. In celebration of this century of service to our community, 
Ohio National is partnering with Habitat for Humanity to build 10 
houses over the next five years--one house for each decade of their 
commitment to Cincinnati.
  Madam Speaker, please join me in recognizing Ohio National Financial 
Services 100th Anniversary and in wishing them continued success in the 
future.

                          ____________________




             REMEMBERING THE ATTACKS OF SEPTEMBER 11, 2001

                                 ______
                                 

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, eight years after 
the attacks of September 11, 2001, we remember one of the bloodiest 
days in our nation's history with heavy hearts and tragic regret. I am 
once again reminded of the heroes that selfishly gave their lives so 
that others could make it to safety, and today we mourn their passing. 
We remember, too, the victims who were so sadly ripped from our lives 
by one of the most senseless acts of violence our country has even 
seen. Today, I share in the grief of a country and extend my deepest 
condolences to the friends and family of those that passed on that 
solemn day.
  As I think back to that painful morning, I remember how a sunny 
Tuesday unfolded into a series of events that has shaped our national 
conscious and affected us in ways that we had no longer thought 
possible. We were reminded that there is still hate in the world. We 
were reminded that there still exists the possibility of great tragedy 
in our country. And we were reminded that we were vulnerable to the 
problems that exist beyond our shores.
  However, on that grim day, we saw an America that stood proudly and 
bravely and an America that came together under difficult 
circumstances. We must not forget that liberty, justice, and fairness 
are some of our greatest ideals, and we must continue to strive towards 
these goals, even in the face of tragic situations.
  I would like to remember, too, a constituent of mine who lost his 
life in the attacks. Michael E. Tinley happened to be working in the 
World Trade Center on that morning, and I offer my deepest condolences 
to his friends and family. Truly, I mourn with you.
  Today, I join my fellow colleagues in honoring the victims who died 
on September 11, 2001. We remember these events with great sadness but 
new resolve, and as we continue our work, we will never forget the loss 
that we felt that day.

                          ____________________




               IN REMEMBRANCE AND HONOR OF MICHAEL HORTON

                                 ______
                                 

                           HON. STEVE AUSTRIA

                                of ohio

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. AUSTRIA. Madam Speaker, I rise today on behalf of the 
constituents of Ohio's 7th Congressional District to express our 
deepest sympathies to the family and friends of Michael Horton and to 
recognize his numerous achievements.
  Michael was an active and engaged member of our local community with 
his service to our nation in the military, work at his animal hospital 
and spirit of community volunteerism.
  Michael Horton served our nation bravely as a colonel in the United 
States Air Force and he cared for the animals of our area for 28 years 
as the owner and president of the Fairborn Animal Hospital.
  He founded Fairbornites Restoring Our Greene Spaces (F.R.O.G.S.) and 
showed his dedication to our community as the host of ``Our Fairborn 
Heritage'' and ``Fairborn Plain and Simple'' on local television. 
Michael also volunteered with Fairborn Parks and Recreation, Fairborn 
Heritage Days, Fairborn Police Advisory Board and the Fairborn 
Education Foundation.
  My thoughts and prayers are with Michael's family and friends during 
this time of terrible loss.

                          ____________________




                 TRIBUTE TO AMBASSADOR RICHARD SCHIFTER

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. WOLF. Madam Speaker, I rise today to pay tribute to Ambassador 
Richard Schifter--a friend and lifelong champion for human rights. His 
own harrowing experience as a Holocaust survivor has been foundational 
to his efforts on behalf of oppressed, persecuted people the world 
over.
  In the coming weeks, Ambassador Schifter will be honored by Project 
Interchange and the American Jewish International Relations Institute 
for his multi-faceted and important work in this arena. I join them in 
marking his life-time achievements.
  In his two decades of government service at the Department of State 
and the National Security Council, he never wavered in his support for 
democracy and human rights--bedrocks of the American experience which 
shamefully are too often relegated to the sidelines in our foreign 
policy establishment.
  As a former U.S. representative in the United Nations Human Rights 
Commission and former deputy U.S. representative in the U.N. Security 
Council, he acquired a keen understanding of how the institution works, 
and some of the political and ideological forces at play including 
those which seek to undermine the United States and delegitimize the 
state of Israel. He has effectively spurred congressional action to 
help rally friendly nations to support the U.S. position at the U.N.
  In a 2008 presentation at the University of Virginia Law School, he 
said, ``As an immigrant rather than a native of the United States, let 
me tell you that I believe in the concept of American Exceptionalism.''
  I share this belief and would say that Ambassador Schifter is himself 
an exceptional American.

                          ____________________




         HOME HEALTHCARE CAN HELP LOWER COSTS, IMPROVE RESULTS

                                 ______
                                 

                           HON. VIRGINIA FOXX

                           of north carolina

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. FOXX. Madam Speaker, the Census Bureau currently estimates that 
our nation's elderly population will double between 2000 and 2050. And 
in my home state of North Carolina, the elderly population is growing 
much faster than the national average. As our population ages, a rising 
number of baby boomers will become susceptible to one or more chronic 
health conditions that will cost our Medicare system billions of 
dollars. At the same time, our citizens age 65 and over have expressed 
an overwhelming preference to live independently at home for as long as 
possible, among family and friends.
  What is the solution? Since the elderly population overwhelmingly 
prefers to receive their healthcare at home and since such treatment is 
much more cost effective, our government should be investing in home 
healthcare.
  Today, home healthcare is more than just basic, long-term care. It is 
much more advanced and sophisticated. Highly skilled nurses and 
therapists are already working within the existing Medicare system to 
help patients manage heart disease, diabetes, balance problems and 
other illnesses that, if not properly treated, can increase the cost to 
Medicare. Home health is helping many of

[[Page 21289]]

these people stay out of expensive alternatives, and is allowing our 
seniors to remain at home where they ought to be.
  With a rising older population, home healthcare programs that improve 
care, save money and are preferred by constituents are closely aligned 
with the government's objectives for health reform. Yet, provisions in 
the Democrat draft healthcare bill would cut $51 billion from the 
Medicare home health program over the next decade. These reductions 
will have a detrimental effect on access to home care for our elderly 
population and could potentially cost Medicare more by forcing people 
unnecessarily into other facility based care.
  For these reasons, I believe we must oppose these cuts and lend our 
support to home healthcare.

                          ____________________




                REMEMBERING THE 9/11 ATTACKS ON AMERICA

                                 ______
                                 

                           HON. RUSH D. HOLT

                             of new jersey

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. HOLT. Madam Speaker, this week we pause to remember the nearly 
3,000 Americans who lost their lives in New York, Pennsylvania, and at 
the Pentagon on September 11, 2001. There are no words that I or any of 
us can say that will take away the pain and grief of those who lost 
family members and friends during the attacks. Thousands from my 
district were among those who lost those dear to them at the World 
Trade Center. The memory of that terrible day remains fresh in the 
minds of those who live or work in New York City and Washington.
  This year also marked the tragic passing of Beverly Eckert, who lost 
her husband Sean on 9/11 and who subsequently co-founded the Voices of 
September 11th advocacy organization, which played a critical role in 
pushing for the creation of the 9/11 Commission. Beverly was one of the 
passengers on Continental Airlines flight 3407, which crashed near 
Buffalo on February 12, 2009.
  Today, we still owe Beverly Eckert and everyone else touched by the 
9/11 attacks what we promised them: that we would reform our 
governmental institutions to help prevent future attacks and that the 
perpetrators of 9/11 would be brought to justice. Some progress has 
been made in making our country less vulnerable to future terrorist 
attacks, but much work remains to be done.
  Our rail system is still needlessly vulnerable to the kinds of 
attacks that rocked London, Madrid, and Mumbai over the last several 
years. We have yet to screen 100 percent of the cargo entering our 
ports of entry and our ``no fly lists'' continue to contain the names 
of innocent Americans who are routinely detained for no legitimate 
reason while our porous borders remain a potential pathway for 
terrorists to enter our country. I will continue my work to eliminate 
these holes in our defenses and to press for changes in our foreign and 
defense policy that will help us to remove Osama bin Laden and Al Qaeda 
as a threat to our people.
  As we remember those who have died and seek to honor our commitments 
to them and their survivors, people all across America now can take 
part in a new way to honor the memory of those who perished on 9/11.
  Earlier this year, the Congress passed and President Obama signed 
into law the Edward M. Kennedy Serve America Act (Public Law 111-13). 
In addition to tripling national service volunteerism opportunities to 
250,000 for everyone from students to retirees, this bipartisan law 
designated September 11 every year as a National Day of Service and 
Remembrance. I encourage all Americans to use September 11 to honor the 
victims and heroes of the 9/11 tragedy by serving their neighbors and 
communities.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. JOHN LINDER

                               of georgia

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. LINDER. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding funding that I requested as part of H.R. 3288, the 
Departments of Transportation, and Housing and Urban Development, and 
Related Agencies Appropriations Act, 2010.
  Requesting Member: Representative John Linder
  Bill Number: H.R. 3288, the Departments of Transportation, and 
Housing and Urban Development, and Related Agencies Appropriations Act, 
2010.
  Account: Federal Highway Administration Interstate Maintenance 
Discretionary
  Legal Name of Requesting Entity: Georgia Department of Transportation
  Address of Requesting Entity: 2 Capitol Square, S.W., Atlanta, GA 
30334
  Description of Request: This project will allow the Georgia 
Department of Transportation to make modifications to the I-85 
interchange at Pleasant Hill Road. This will ease congestion and 
enhance access to I-85 for through traffic along Pleasant Hill Road. 
According to the Commissioner of the Georgia Department of 
Transportation, ``the modifications will allow the interchange to meet 
increasing traffic demand along Pleasant Hill Road for travel across I-
85, as well as to provide access to/from I-85 at adequate levels of 
service.'' Funding for this project will provide for preliminary 
engineering, environmental documentation, and right of way planning/
acquisition phases to keep this plan on schedule and ease congestion.

                          ____________________




  MARKING PATH'S AWARD OF THE 2009 CONRAD N. HILTON HUMANITARIAN PRIZE

                                 ______
                                 

                           HON. JIM McDERMOTT

                             of washington

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. McDERMOTT. Madam Speaker, I am proud and very pleased to rise 
today to inform the House of Representatives that the Washington State-
based international nonprofit organization PATH has received the 2009 
Hilton Humanitarian Prize--the world's largest humanitarian award--for 
its work to improve human health around the world. This annual award of 
$1.5 million from the Conrad N. Hilton Foundation acknowledges and 
advances the work of organizations dedicated to the relief of human 
suffering. Today, the Prize recognizes PATH's use of innovative 
technologies to solve global health problems. PATH is making an 
enormous difference in the health and lives of people around the world, 
and this award very appropriately affirms that work.
  Headquartered in Seattle since its inception in 1977, PATH has helped 
to make Washington State an emerging center for global health solutions 
and life-changing innovations. PATH works in more than 70 countries to 
tackle the most critical health issues, from malaria to HIV/AIDS to 
deadly childhood diseases. PATH shares its experience with policymakers 
and government partners through staff in its Washington, DC, and 
Bethesda, Maryland, offices.
  PATH has pioneered sustainable, culturally relevant solutions to 
vexing health problems, enabling communities worldwide to break 
longstanding cycles of poor health. By collaborating with diverse 
public- and private-sector partners, PATH helps provide appropriate 
health technologies and vital strategies that change the way people 
think and act, and these changes, in turn, significantly improve global 
health and well-being.
  PATH has received long-term support from the U.S. government 
throughout its life to develop health technologies for low-resource 
settings. It makes sure that industrialized-world solutions can be 
modified to serve developing countries and thereby maximize health 
equity. PATH has adapted, developed, or co-developed more than 85 
technologies designed to improve the health and lives of people in low-
resource countries, even in the most remote areas of the globe.
  PATH's work to protect the lives of families and communities 
addresses international goals for improving maternal, newborn, and 
child health. For example, PATH paired the drug oxytocin--which can 
protect women from postpartum hemorrhage, the leading cause of maternal 
deaths--with its own invention, the Uniject device, a prefilled, 
single-use injection system. This combination allows women who give 
birth in rural health clinics or at home to receive a lifesaving dose 
of medicine when they desperately need it for survival. PATH also 
worked with a U.S. company to develop a small sticker called the 
vaccine vial monitor that changes color when temperature-sensitive 
vaccine has been exposed to heat, which often happens in resource-poor 
areas challenged with keeping medicines cool. This simple sticker means 
health workers don't have to guess whether vaccine has been damaged, 
and families can be assured their children are receiving potent, and 
often life-saving, vaccine.
  These technologies are just two examples of how PATH provides 
imaginative solutions to ensure that important medicines and critical 
health interventions reach the people who need them most.

[[Page 21290]]

  Profound health inequities persist around the world, but PATH's 
enlightening work shows us that solutions are at hand to solve the 
world's greatest health challenges. Please join me in applauding PATH's 
outstanding achievements and its selection as the winner of this year's 
Hilton Humanitarian Prize.

                          ____________________




                        HONORING REGINALD PALMER

                                 ______
                                 

                          HON. DALE E. KILDEE

                              of michigan

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. KILDEE. Madam Speaker, I rise today to pay tribute to Reginald R. 
Palmer. Sadly, Mr. Palmer passed away on August 3rd. His funeral was 
held in Flint, Michigan on August 15th.
  Reginald Palmer was a member of Canaan Baptist Church, and served Our 
Lord, Jesus Christ, through the Unity Choir and Canaan's Male Chorus. 
He was an attentive, conscientious member of his Church. His 
faithfulness to his Church community was a hallmark of his life.
  His enthusiasm, hard work and resolute belief in a better world led 
him to become active in our political process. Reginald served as the 
Vice Chairperson for Precinct 20 and he knew and helped many of the 
residents of that area. He worked tirelessly for many years to elect 
candidates that would improve the lives of everyday citizens. Many 
elected officials, including Vera Rison, benefitted from Reginald's 
wisdom and loyalty. I have counted him among my supporters for many 
years and I will miss his insight and counsel.
  He leaves behind his wife, Rosemary; daughters, Talishiya and Regina; 
and sons, Manus and Marshall; along with many other relatives and 
friends that bear witness to the good and fruitful life he lived.
  Madam Speaker, I ask the House of Representatives to rise with me and 
pay tribute to the passing of a great human being, a devoted servant of 
Our Lord, a determined worker for a better tomorrow, an excellent and 
loyal friend. I will deeply miss Reginald Palmer and it is with great 
sadness that I mourn his passing.

                          ____________________




                       HONORING MS. BETTY WRIGHT

                                 ______
                                 

                         HON. KENDRICK B. MEEK

                               of florida

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. MEEK of Florida. Madam Speaker, I am pleased to recognize and 
honor Ms. Betty Wright, South Florida's very own recording artist who 
continues to contribute greatly to the musical landscape of not only 
Miami-Dade County, but of the Nation through her artistry and musical 
talent. She has influenced a generation of female singer-songwriters, 
as well as the world of hip hop.
  A native Miamian, Ms. Wright was born on December 21, 1953. She began 
her music career with her family in a gospel group called the Echoes of 
Joy. In 1965, she began switching to R&B music when she was only 11 
years old. She released her first album, My First Time Around, in 1968. 
Her first hit single was ``Girls Can't Do What Guys Can Do.'' Toward 
the end of 1971, Ms. Wright's single ``Clean Up Woman'' became a Top 5 
Pop and R&B hit, which later influenced artist, Mary J. Blige's ``Real 
Love'' with the sample of its guitar riffs. The single also influenced 
R & B group, SWV's single ``I'm So In To You''; Afrika Bambaataa's 
song, ``Zulu War Chant''; and Sublime's ``Get Out!'' remix. 
Additionally, R&B artist, Beyonce has sampled ``Girls Can't Do What The 
Guys Do'' for her hit ``Upgrade U.''
  Ms. Wright's other noted singles are ``Tonight is the Night'' (1974) 
and ``Where Is the Love'' (1975). ``Where Is the Love'' won a Grammy 
for Best R&B Song in 1975. After experiencing a brief slump in the 
early 1980s, she rebounded and found her own record label, Ms. B 
Records. In 1988, she made music history by becomming the first woman 
to have a gold record on her own label with the release of Mother Wit, 
which featured two of her most famous hits, ``No Pain No Gain'' and the 
``After the Pain.'' On both songs, Ms. Wright displays her upper 
register capabilities and seven-octave range. In 2001, she released a 
compilation album, The Very Best of Betty Wright. Her first studio 
album, Fit for a King, was also released the same year.
  Currently, Ms. Wright continues to record music and mentors several 
young singers. She has done vocal production for the likes of Gloria 
Estefan, Jennifer Lopez and Joss Stone.
  Madam Speaker and my colleagues, I ask that you join me in honoring 
Ms. Betty Wright, a true beacon of hope and musical talent from the 
17th Congressional District of Florida. She is an outstanding American 
worthy of our collective honor and appreciation. It is with deep 
respect and admiration that I commend Ms. Wright for sharing her 
beautiful talents with the rest of us. Through all of her adversity she 
continued to grace us with her gift of song.

                          ____________________




         RECOGNIZING FRANK N. BARRETT OF CRYSTAL RIVER, FLORIDA

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                      Wednesday, September 9, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
honor Frank N. Barrett of Citrus County, Florida. In a couple of days, 
Frank will do something that all of us strive to do, but that very few 
of us will ever accomplish, celebrate his 100th birthday.
  Born September 10, 1909 in East Orange, New Jersey, Frank is the 
oldest of seven children. He owned and operated a chemical and 
machinery business in Connecticut before he and his family moved to 
Florida more than 25 years ago. Frank is the loving father to six 
children, 11 grandchildren and fourteen great grandchildren!
  Frank loves to dance and has fond memories of teaching his wife and 
dancing partner of 52 years, Ingrid, the Tango.
  Madam Speaker, I ask that you join me in honoring Frank N. Barrett 
for reaching his 100th birthday. I hope we all have the good fortune to 
live as long as him.

                          ____________________




                         HONORING SHERYL BERRY

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                      Wednesday, September 9, 2009

  Mr. RADANOVICH. Madam Speaker, I rise today to commend and 
congratulate Sheryl Berry upon being named by the Madera District 
Chamber of Commerce as a 2009 Lifetime Achievement Award Honoree. Mrs. 
Berry was recognized on Wednesday, August 26, 2009 at the Fifth Annual 
Lifetime Achievement Awards and Installation Dinner.
  Sheryl Berry was born at Dearborn Hospital in Madera, California to 
Bob and Merrill Howe. During her childhood she was surrounded by her 
brothers and cousins. Work and community service began at a young age 
for Mrs. Berry. At five years old, she became a member of Camp Fire and 
she had her first job at the age of eight, licking postage stamps at 
the family-owned business, TECO. She graduated from Madera Union High 
School and attended Fresno State.
  Mrs. Berry has dedicated her entire life to family, career and 
community. As a worker for the family business, TECO, she became known 
for her high business standards, strong sense of loyalty to the 
customers and further creating a highly successful business. After 
forty years, Mrs. Berry retired from managing the business, allowing 
her to spend even more time in the community and with her family.
  The Camp Fire experience was a lasting commitment for Mrs. Berry. She 
continued with the organization through her high school years. In 1971 
she became an active member of Algeria Guild for Children's Hospital 
Central California, where she served as treasurer, secretary and 
president in 1976. She remains an active member of the guild and 
recently received her thirty-five year pin. As her children were 
growing up, they became involved with 4-H and Mrs. Berry was right 
along with them, as the boys began their own beef cattle projects. She 
served as the project leader for eighteen years in the areas of 
citizenship, cultural exchange, outdoor camping and sewing. Mrs. Berry 
also served as the 4-H Co-Camp Director for ten years.
  In 1985 Mrs. Berry became involved with the Madera County Historical 
Society, where she is the current president and has maintained that 
position for ten years. Through her involvement with the Historical 
Society, she became involved with the Madera Method Wagon Train. She 
has traveled trails with the Wagon Train through the Madera County 
foothills, to Stockton, California and to Houston, Texas.
  For her community activities, Mrs. Berry has received multiple awards 
and honors including, the 1987 4-H ``Outstanding Community Club 
Leader,'' Madera District Fair 1988 ``Homemaker of the Year,'' 
California State University, Fresno Ag One ``Women in Agriculture, 
Common Thread Award'' in 2000 and the Madera County Historical Society 
``Presidential Fume Award'' in 2005. Mrs. Berry has

[[Page 21291]]

a life long history of working to create a better community in Madera.
  Mrs. Berry has been married to Randy for thirty-three years. She has 
four sons and eleven grandchildren.
  Madam Speaker, I rise today to commend and congratulate Sheryl Berry 
upon being honored with the Madera Chamber of Commerce 2009 Lifetime 
Achievement Award. I invite my colleagues to join me in wishing Mrs. 
Berry many years of continued success.

                          ____________________




                       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, September 10, 2009 may be found in 
the Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                              SEPTEMBER 14
     10 a.m.
       Homeland Security and Governmental Affairs
         To hold hearings to examine cyber attacks, focusing on 
           protecting industry against growing threats.
                                                            SD-342
     2 p.m.
       Appropriations
       Labor, Health and Human Services, Education, and Related 
           Agencies Subcommittee
         To hold hearings to examine the health effects of cell 
           phone use.
                                                            SD-138

                              SEPTEMBER 15
     9:30 a.m.
       Armed Services
         To hold hearings to examine the nomination of Michael G. 
           Mullen, for reappointment as the Chairman of the Joint 
           Chiefs of Staff and reappointment to the grade of 
           admiral.
                                                            SD-106
     10 a.m.
       Finance
         To hold hearings to examine unemployment insurance 
           benefits.
                                                            SD-215
       Judiciary
       Human Rights and the Law Subcommittee
         To hold hearings to examine human rights, focusing on 
           mental illness in United States prisons and jails.
                                                            SD-226
     2:30 p.m.
       Energy and Natural Resources
         Business meeting to consider pending nominations; to be 
           immediately followed by a hearing to examine potential 
           costs and price volatility in the energy sector, 
           focusing on the greenhouse gas trading program.
                                                            SD-366
       Homeland Security and Governmental Affairs
       Oversight of Government Management, the Federal Workforce, 
           and the District of Columbia Subcommittee
         To hold hearings to examine security clearance reform, 
           focusing on modernization.
                                                            SD-342

                              SEPTEMBER 16
     Time to be announced
       Small Business and Entrepreneurship
         Business meeting to consider the nominations of Winslow 
           Lorenzo Sargeant, of Wisconsin, to be Chief Counsel for 
           Advocacy, and Peggy E. Gustafson, of Illinois, to be 
           Inspector General, both of the Small Business 
           Administration.
                                              Room to be announced
     10 a.m.
       Appropriations
       Financial Services and General Government Subcommittee
         To hold hearings to examine the use, impact, and 
           accomplishments of Federal appropriations provided to 
           improve the education of children in the District of 
           Columbia.
                                                            SD-192
       Homeland Security and Governmental Affairs
         To hold hearings to examine the nomination of Daniel I. 
           Werfel, of Virginia, to be Controller, Office of 
           Federal Financial Management, Office of Management and 
           Budget.
                                                            SD-342
       Judiciary
         To hold an oversight hearing to examine the Federal 
           Bureau of Investigation (FBI).
                                                            SD-226
     2 p.m.
       Homeland Security and Governmental Affairs
         To hold hearings to examine the nomination of Richard 
           Serino, of Massachusetts, to be Deputy Administrator, 
           Federal Emergency Management Agency, Department of 
           Homeland Security.
                                                            SD-342
     2:30 p.m.
       Foreign Relations
         To hold hearings to examine exploring three strategies 
           for Afghanistan.
                                                            SD-419
       Commerce, Science, and Transportation
       Science and Space Subcommittee
         To hold hearings to examine options from the review of 
           the United States Human Space Flight Plans Committee.
                                                            SR-253

                              SEPTEMBER 17
     10 a.m.
       Foreign Relations
         To hold hearings to examine countering the threat of 
           failure in Afghanistan.
                                                            SD-419

                             POSTPONEMENTS

                              SEPTEMBER 16
     2 p.m.
       Homeland Security and Governmental Affairs
         To hold hearings to examine southern border violence.
                                                           SD-342