[Congressional Record (Bound Edition), Volume 155 (2009), Part 4]
[Issue]
[Pages 5392-5500]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 5392]]

          HOUSE OF REPRESENTATIVES--Tuesday, February 24, 2009


  The House met at 10:30 a.m.

                          ____________________




                          MORNING-HOUR DEBATE

  The SPEAKER. Pursuant to the order of the House of January 6, 2009, 
the Chair will now recognize Members from lists submitted by the 
majority and minority leaders for morning-hour debate.

                          ____________________




     THE ECONOMIC RECOVERY PLAN--PROGRESS FOR THE AVERAGE AMERICAN

  The SPEAKER. The Chair recognizes the gentleman from Washington (Mr. 
McDermott) for 5 minutes.
  Mr. McDERMOTT. Madam Speaker, tonight, the President will address an 
expectant country in a joint session of Congress, and will give the 
American people a report on the progress that he has made and intends 
to make in the near future. The key word here is ``progress.''
  In barely a month, President Obama has shown us that he can walk the 
talk. The stimulus package the President signed into law will take 
America down a road that we did not see in the last administration. It 
is one that governs from the center, focused on the average American--
the average person who gets up in the morning, gets to work at 8 
o'clock, works until 5 o'clock and goes home and takes care of his 
family, maybe coaches baseball, maybe is a single mother who goes home, 
picks her kids up at daycare and goes home and takes care of them for 
the evening, but it is focused on the average American.
  Now, in the last 8 years, these people have either been left behind 
or have been thrown overboard by the last administration in its rush to 
open America's purse, wallet, whatever you want--bank vaults--to their 
friends. The economic disaster that President Obama is facing and will 
talk about to the American people today and tonight was really there, 
waiting on the desk when he got to the Oval Office. He didn't bring it 
with him. He didn't have very much to do with creating it. He was only 
in the Senate a short time. It was presented to him by the last 
administration, and he has now, in just 1 month, given us a recovery 
plan that helps the American people. Above all, I believe the President 
strikes a very delicate balance and walks a very fine, thin tightrope 
between economic recovery and economic disaster.
  How do you deal with it as it's going downhill? How do you arrest it? 
It's like being in the mountains. In western Washington, we have 
mountains. People are up, climbing mountains, and one of the first 
things you have to learn to do when climbing mountains where there is 
snow is learn how to do an arrest. You're sliding down a glacier. What 
do you do to stop yourself from falling? The first thing you've got to 
learn to do is put that ice ax in and hold. Now, the President is 
working on that sort of problem. We are sliding down--and have been 
since September--very abruptly, and he has got to bring this slide to a 
halt and then start the climb and get us back up on our feet and start 
back on the climb.
  There are those who say we ought to throw the banking institutions 
overboard because of their unrestrained practices. Maybe we're going to 
have to nationalize banks. One doesn't know exactly what is going to be 
necessary, but the President has begun to show that he is willing to 
make the tough decisions that have to be done. There are some who say 
the average American does not benefit. I've had calls. I've had people 
come up to me and say, ``I pay my bills. I do everything right. I 
didn't go out and borrow a lot of money, and it looks to me like the 
only people who are getting any benefit out of this are people who made 
wild, crazy decisions, like bankers. Why am I not getting something?''
  But people do count in this administration--finally. The UI benefits 
will help those who have lost their jobs. There is a payroll deduction 
that goes into the average person's pocket, and there is going to be, 
finally, some oversight in governing on behalf of the American people, 
overall, returning America to the American people.
  It took 96 months to destroy our economy. Remember where Mr. Bush 
came in. There was a burgeoning surplus. We argued in 2000 about 
whether we would pay down the national debt too fast. That's where we 
were. He had a plan. He didn't tell us what his plan was, but it was 
not only to not pay down the debt but to build it up dramatically in 
the period that followed. This President who has now come into office 
has said we're going to stop that, and we're going to change what's 
going on.
  A New York Times editorial today reminds us that the other side of 
this body remains intent on working against American workers. The 
Governor of Mississippi and the Governor of Louisiana say, ``We don't 
want that unemployment money for our part-time workers.'' There is 
clearly some rethinking that has got to be done on behalf of this body 
in terms of what is going on in this country. Part-time workers are 
entitled to the unemployment insurance they paid in.
  The American people want a solution, and if the Republicans choose to 
ignore that, the American people have made it clear already that they 
can return to the voting booth and enforce their will.

                [From the New York Times, Feb. 24, 2009]

                What Part of `Stimulus' Don't They Get?

       Imagine yourself jobless and struggling to feed your family 
     while the governor of your state threatens to reject tens of 
     millions of dollars in federal aid earmarked for the 
     unemployed. That is precisely what is happening in poverty-
     ridden states like Louisiana and Mississippi where Republican 
     governors are threatening to turn away federal aid rather 
     than expand access to unemployment insurance programs in ways 
     that many other states did a long time ago.
       What makes these bad decisions worse is that they are 
     little more than political posturing by rising Republican 
     stars, like Gov. Bobby Jindal of Louisiana and Gov. Mark 
     Sanford of South Carolina. This behavior reinforces the 
     disturbing conclusion that the Republican Party seems more 
     interested in ideological warfare than in working on policies 
     that get the country back on track.
       Fortunately, as President Obama prepares for his first 
     address to Congress on Tuesday evening, voters of both 
     parties have noticed. About three-quarters of those polled in 
     a recent New York Times/CBS News survey--including more than 
     60 percent of Republicans--said Mr. Obama has been trying to 
     work with Republicans. And 63 percent said Republicans in 
     Congress opposed the stimulus package primarily for political 
     reasons, not because they thought it would be bad for the 
     economy. It should be sobering news for Republicans that 
     about 8 in 10 said the party should be working in a 
     bipartisan way.
       The Republican Party's attacks on the unemployment 
     insurance portion of the stimulus package are a perfect 
     example. States that accept the stimulus money aimed at the 
     unemployed are required to abide by new federal rules that 
     extend unemployment protections to low-income workers and 
     others who were often shorted or shut out of compensation. 
     This law did not just materialize out of nowhere. It codified 
     positive changes that have already taken place in at least 
     half the states.
       To qualify for the first one-third of federal aid, the 
     states need to fix arcane eligibility requirements that 
     exclude far too many low-income workers. To qualify for the 
     rest of the aid, states have to choose from a menu of options 
     that include extending benefits to part-time workers or those 
     who leave their jobs for urgent family reasons, like domestic 
     violence or gravely ill children.
       Data from the National Employment Law Project, a nonprofit 
     group, show that 19 states qualify for some of the federal 
     financing and that a dozen others would become eligible by 
     making one or two policy changes.

[[Page 5393]]

     Unemployed workers are worst off in the Deep South, where 
     relatively few people are eligible to receive payments. 
     Louisiana, Mississippi and Texas stand out.
       The governors are blowing smoke when they suggest that the 
     federal unemployment aid would lead directly to new state 
     taxes. No one knows what the economic climate will be when 
     the federal aid has been used up several years from now. But 
     by dumping billions of dollars into shrinking state 
     unemployment funds, which puts money into the hands of people 
     who spend it immediately on food and shelter, the stimulus 
     could help the states through the recession and into a time 
     when unemployment trust funds can be replenished. In other 
     words, the stimulus could make a tax increase less likely.
       But even if new taxes are required at some point, the new 
     federal standards would protect more unemployed workers than 
     ever before and bring states like Louisiana, Mississippi and 
     Texas into the 21st century.
       Governors like Mr. Jindal should be worrying about how to 
     end this recession while helping constituents feed and house 
     their families--not about finding ways to revive tired 
     election-year arguments about big spending versus small 
     government.

                          ____________________




  COMMISSION WITH TEETH: FORCING CONGRESS TO ADDRESS ENTITLEMENT ISSUE

  The SPEAKER pro tempore (Ms. Jackson-Lee of Texas). The Chair 
recognizes the gentleman from Virginia (Mr. Wolf) for 5 minutes.
  Mr. WOLF. Sometimes it takes a crisis to move Congress to action, and 
we are in a financial crisis today and have reached the point where 
Americans everywhere understand that our country is in serious trouble. 
We are sinking, and it is on this Congress' watch, and it is this 
Congress' obligation to fix it. Main Street USA is suffering. 
Businesses are closing. Wages and hours are being cut back. Restaurants 
that once bustled with customers are half empty, and the only waiting 
line starts at the unemployment office.
  How did we get to these frightening times?
  Look at the numbers. For years we've been spending and spending 
beyond our means, mortgaging the future for our children and 
grandchildren--over $56 trillion in unfunded obligations through Social 
Security, Medicare and Medicaid. The national debt is $11 trillion. 
Standard & Poor's investment service predicts the loss of our triple-A 
bond rating as early as 2012. Imagine the headlines when that day 
comes.
  China now holds the paper of 1 of every 10 American dollars, and we 
saw for the first time the Secretary of State punting when she was in 
Beijing, never raising the issue of human rights and religious freedom. 
Imagine how the Catholic bishops and Buddhist monks who are in prison 
felt when they heard that the Secretary, because of pandering to the 
Chinese in wanting them to buy our paper, never raised this issue. Yet 
this Congress has done nothing but spend, spend, spend and talk, talk, 
talk.
  Congress is made up of parents and grandparents. Yet it seems that 
this Congress is prepared to push all of this onto our children and our 
grandchildren. Why won't Congress act? Why has Congress failed to act? 
What is Congress afraid of?
  Over the weekend, President Obama said, `` . . . we can't generate 
sustained growth without getting our deficits under control.'' I could 
not agree more, and time will tell if this administration and this 
Congress will embrace the process that leads to a solution.
  The process that will lead to a solution is the bipartisan commission 
that Congressman Jim Cooper and I have proposed with every spending 
program on the table with tax policy. Congress would vote up or down on 
the commission's recommendations.
  If any Member from either side, from my side who is not on this bill 
or from the Democratic side who is not on this bill, has a better idea 
that will work--a better idea rather than just a rotary speech, a 
better idea that works--put it forward. Don't hide behind the process.
  There always seems to be an excuse. The American people are 
experiencing a crisis of confidence and expect this Congress to act. 
When we gain control of the reckless spending, we will be able to 
rebuild our economy. We will have a renaissance in America, and we will 
see a brighter and a stronger America--stronger for us, stronger for 
our children and stronger for our grandchildren. As Ronald Reagan said, 
we will literally have a renaissance when we get control of this 
spending,
  But I ask you, and every Member who serves here has to ask 
themselves: How will history judge the 111th Congress if it does not 
deal with this issue?
  Your children and your grandchildren will come up and say, you know, 
``Grandpop or Grandmom or Dad or Mom, weren't you there during the 
111th Congress when we had $11 trillion of debt? When the Chinese had 
such influence on this country that this Secretary no longer spoke out 
on human rights and religious freedom when there were 30-some Catholic 
bishops in jail? When we saw all of this going on with unemployment? 
What did you do when you were there? Were you there?''
  Yes, I think you were. What would you do?
  This Congress will be a total failure, and it will be our children 
and our grandchildren who will pay the price, and history will judge it 
very, very poorly.

                          ____________________




                  CAPTIVE PRIMATE SAFETY ACT (H.R. 80)

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Oregon (Mr. Blumenauer) for 5 minutes.
  Mr. BLUMENAUER. Yesterday, the House engaged in a vigorous debate on 
the captive primate bill, H.R. 80, which would prohibit the interstate 
transport of chimpanzees and other monkeys across State borders. It was 
fascinating listening to the give-and-take on the floor of the House. 
The argument against the bill seemed to center on two points:
  One was that this bill was not the most important thing that we could 
possibly be considering at the time. The second was that it would not 
stop the ability of some people to have a chimpanzee as a pet in their 
own homes.
  I found it interesting because the notion that somehow this measure 
is not the most important issue is true. Congress deals with thousands 
of issues in a wide range of areas--from passing budgets, to dealing 
with the national debt, to recovering our economy, to naming post 
offices, to dealing with protections for the environment.

                              {time}  1045

  There are a wide range. One of the things why we have 435 of us here 
and 100 Senators is because we can do more than one thing at once.
  But I will tell you, the woman who is in the hospital in Cleveland, 
who had her face ripped off by a chimpanzee last week, would probably 
think, along with her family and friends, that it might be important to 
deal with the safety of Americans, over 100 of whom have been attacked 
by primates in the last 10 years . . . 100 that we know of. The most 
important issue of the world? Maybe not, until tragedy strikes your 
family or your community.
  The second notion, that somehow it would not magically stop overnight 
the ability to have a wild animal, that is not domesticated, that has 
no business being treated as a pet in somebody's home, is an excuse not 
to act. That betrays lack of knowledge of what we have done dealing 
with animal welfare for the last 50 years.
  To be able to deal with frameworks moving forward, establishing 
protections is important. In 2003 we dealt with the problem of having 
large cats, tigers, lions, panthers that people kept as pets. We're 
also going to have to do something in the long run with other 
inappropriate pets like crocodiles and pythons.
  These are not trivial items. This is not appropriate treatment for 
some of God's creatures, and they put families at risk. We in Congress 
should establish these frameworks to avoid future problems.
  The most important point is that, if the provisions of our bill had 
been established policy, that poor woman wouldn't be in a hospital in 
Cleveland because the monkey that attacked her would not have been 
shipped from Missouri (along with others that were disbursed around the 
country) to Connecticut to her neighbor.

[[Page 5394]]

  I would suggest that it's important for people to take a step back 
and look at critical areas of animal welfare and the relationship that 
we have with them. It is important to pass this legislation, as the 
House did overwhelmingly last session, only to have it die in the 
Senate. It's important to pass it again, but it's also important for 
people to be able to deal with establishing an appropriate framework 
for relationships with animals so that it doesn't have to become the 
most important thing in the world for one family or one community. 
Instead, we have a logical, rational set of policies that are good for 
the welfare of animals, that protect our families and have the Federal 
Government playing its appropriate role.
  Already 20 States around the country have done their job with an 
outright prohibition. It's time for the Federal Government to amend the 
Lacey Act to extend the protections dealing with captive primates, to 
help in a small but critical way make all our communities more livable 
and our families safer, healthier and more economically secure.

                          ____________________




      OUR STANDARD SHOULD BE WHAT UPHOLDS THE DIGNITY OF THE HOUSE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Arizona (Mr. Flake) for 5 minutes.
  Mr. FLAKE. Madam Speaker, yesterday I introduced a privileged 
resolution here in the House which asked the Ethics Committee to look 
into the relationship between campaign contributions and earmarks. This 
has been a problem, as we know, for a long time but it was brought to a 
head just recently when a lobby firm, a powerhouse lobby firm that had 
$14 million in revenue just last year, it was revealed that they were 
being investigated by the FBI.
  This firm was quite prominent. It passed a lot of campaign 
contributions to Members here on Capitol Hill. In return, clients of 
this lobbying firm received in one defense appropriation bill $300 
million. So it was quite lucrative for this firm obviously to do what 
it was doing.
  Anyway, it was revealed that the FBI was investigating this firm, and 
within days, the firm completely imploded. It has dissolved. One week 
or so after it was revealed, it's gone, but the damage has been wrought 
to the dignity and decorum of this House. We sit here today all under 
suspicion because a firm spread so many campaign contributions around, 
and many earmarks were received. And no matter what the intent was or 
the motive here, the appearance of this does not reflect well on the 
dignity and decorum of the House.
  We have to remember that most of the earmarks sought by this firm, 
this firm that is now under investigation, are for for-profit entities, 
private businesses. These earmarks are essentially no-bid contracts. A 
Member of Congress will simply say, I want an earmark for this firm. 
Maybe it might be in his district, it might not, but it's a private, 
for-profit-making company, getting a Federal contract without scrutiny 
otherwise, with nothing and no other bids. Nobody else can bid on it.
  Here, let me just step back for a second. One thing that is 
unbelievable here is we will be considering an omnibus appropriation 
bill, a $410 billion bill, tomorrow. We received a list of the earmarks 
that will be in that bill yesterday. So I think within 36 hours or so 
of receiving the list of 9,000 earmarks, we will be considering the 
bill.
  Now, we have had rules in this House, and good rules, passed which 
stipulate that we have transparency, that we are supposed to be given 
notice of these earmarks well in advance. I would submit that 36 hours 
for 9,000 is hardly transparency, but even if it were, transparency has 
to be followed by accountability. Accountability means that somebody 
should be able to stand up and challenge any of these earmarks, to 
challenge whether or not a for-profit entity, a company in somebody's 
district, ought to be getting a sole-source contract by a Member, with 
no scrutiny by other Members of this body. I cannot come to the floor 
tomorrow, nor can any other Member, and challenge any of these 
earmarks, to look at the relationship between earmarks, campaign 
contributions, or to simply say is this a good use of Federal spending.
  Then we found that--add insult to injury, 9,000 earmarks with minimal 
notice--we found that the PMA Group, who lobbied for many earmarks in 
last year's defense bill the year before that, clients of the PMA Group 
received as many as up to a dozen earmarks in this omnibus 
appropriation bill that we'll be considering tomorrow. Let me say that 
again. A firm under investigation by Federal authorities, for what 
might be misused or mishandled campaign contributions to Members of 
Congress, clients of that firm are receiving earmarks in the 
appropriation bill that we'll be passing tomorrow, and not one Member 
here has the ability to go in and challenge a single one of those 
earmarks. It's take-it-or-leave-it on the whole bill, one vote at the 
end, take-it-or-leave-it, no ability to challenge. That simply isn't 
right, Madam Speaker. That's not right.
  That's why we need the Ethics Committee to take a look at this. We 
know from press reports that somebody's taking a look at it. Politico 
reported on February 12 that, ``Several sources said FBI agents have 
spent months laying the groundwork for their current investigation, 
including conducting research on earmarks and campaign contributions.''
  Now, we may not want to look at it, but the Justice Department is. We 
have the obligation here to uphold the dignity and decorum of the 
House. Our standard should not be investigations, convictions, and 
imprisonment. It ought to be what upholds the dignity of the House. 
Let's pass this resolution.

                          ____________________




THE ESSENCE OF THE GREATNESS OF AMERICA LIES IN ITS PEOPLE, NOT IN ITS 
                               GOVERNMENT

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California (Mr. Daniel E. Lungren) for 5 minutes.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, it's interesting 
sitting on the floor listening to the speeches during this period of 
time.
  On the one hand, I listened to the gentleman from Virginia talk about 
a bipartisan approach to deal with our problem of fiscally 
irresponsibility and the load of debt that we are placing on our 
children and grandchildren. On the other hand, I did hear a gentleman 
from the other side of the aisle talk about why it's Bush's fault.
  When I was in school, they were teaching us debate. We talked about 
the ad hominem argument, the personalization of the argument. Usually 
that meant that when you didn't have the facts you tried to make it 
personal.
  There was also discussion by a gentleman from the other side of the 
aisle about the fact that we're finally going to be concerned about the 
people of America, as if those who disagree with you would be people 
who are not interested in Americans. I'm not sure that gets us 
anywhere. As a matter of fact, I think that gets us nowhere. It is that 
kind of quasi-debate which leads down the wrong path.
  We are without a doubt facing a very difficult economic situation, 
and as did others, I returned to my district to talk to constituents 
about that. I had a tele-town hall where we had over 6,000 people on 
the line, and I listened to their comments. I also sent out a 
questionnaire by e-mail, and thus far we've received over 1,800 
responses. I thought it might be informative to tell this body the 
feelings of the people in my district, at least as reflected in this 
survey; although I realize it is not a scientific survey.
  In response to the question, what is the most immediate economic 
concern you face, overwhelmingly, 53 percent of the respondents said 
they were most concerned about declining value of retirement accounts. 
We ought to be very concerned about that, because if we send a message 
to the world that we are fiscally irresponsible, that more and more 
spending and more and more

[[Page 5395]]

debt is the way to get out of the situation that we got into because of 
spending and debt, those retirement accounts are going to lose more 
value. We ought to be concerned about the future, as well as the 
immediate present.
  Secondly, in response to the question, what is the most important 
element of an economic stimulus package, the number one response was 
tax cuts. Why? Because many of the American people do believe the 
argument that raising taxes in the midst of a recession doesn't make 
sense and that tax cuts, properly articulated, properly enforced, 
create a stimulus to the private sector, particularly the small- and 
medium-sized businesses where the jobs are really created, not the 
government sector. Secondly, the biggest response was, nothing, the 
economy is strongest when government does not interfere. And the third 
response was funding for infrastructure projects. And unfortunately, 
the percentage of money that goes to infrastructure projects is 
relatively small, as is the percentage that goes towards tax cuts.
  The next question: Are you satisfied with the economic stimulus 
package Congress passed? Thirty-four percent of the people in my 
district said, no, the details of the size and scope needed to be 
worked out. Perhaps they thought having less than 24 hours to look at a 
1,076 page bill was inappropriate. The second largest response, 33 
percent, was, no, Congress shouldn't have passed any stimulus package. 
Those are concerned that a stimulus package does not stimulate. And 
third, by a much, much smaller margin, yes, anything the government can 
do is better than nothing.
  The next question: I expect the worse of the economic crisis to be 
over within--and this is truly difficult to read because it said that 
42 percent of the respondents thought it would take 24 months or more. 
Second largest response was 13 to 18 months by 21 percent. And then 17 
percent believe it would be 19 to 24 months. In other words, the 
American people, at least reflected in my district by this survey, 
understand the seriousness and the depth of this economic difficulty.
  And lastly, I asked them: The economic crisis' impact on me is such 
that--and the response, number one, was, I am okay right now, but I'm 
worried about what will happen to me if the economy continues to get 
worse, 59 percent. Thirty-three percent of the people said, I will face 
tough decisions but I will survive. And less than 9 percent said, I do 
not know how I will make it through the time.
  Interesting thing about that response is the resiliency of the 
American people. They do believe, they do have faith that we will get 
out of this, but they believe that we will get out of it through the 
ingenuity, the creativity, the stick-to-it-iveness of the work ethic of 
the American people, not government.
  While certain government programs might be able to assist, we should 
not forget that the essence of the greatness of America lies in its 
people, not in its government. This government reflects its people. 
This government is one that was set up to protect the rights of the 
people but also to be protected against an overweening government. If 
we are to work ourselves out of this economy, we must rely on the 
people for their creativity and do nothing that impinges upon that.

                          ____________________




                              {time}  1100
  CONGRATULATING DANCE MARATHON AT PENN STATE UNIVERSITY IN ITS MONEY 
               RAISING EFFORT TO COMBAT CHILDREN'S CANCER

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Pennsylvania (Mr. Thompson) for 5 minutes.
  Mr. THOMPSON of Pennsylvania. Madam Speaker, I rise today to bring 
attention to a great cause and to congratulate the over 15,000 young 
men and women at Penn State University who participated in the largest 
student-run philanthropy in the world--THON.
  THON, which is short for Dance Marathon, is a student-run venture led 
by the Penn State University Interfraternity and the Panhellenic 
Council whose mission is to conquer pediatric cancer by providing 
outstanding emotional and financial support for the children, families, 
researchers and staff at the Penn State Children's Hospital.
  Madam Speaker, this is no ordinary student organization. Dating back 
to 1972 when the first THON was held, a small group of dancers raised 
approximately $2,000. This past weekend, over 15,000 student volunteers 
raised $7.49 million to fight pediatric cancer. Since its inception in 
1972, THON has raised more than $52 million for this worthy cause. And 
while this is a yearlong, never-ending fight against pediatric cancer, 
it culminates each year with a 46-hour dance marathon. With 708 dancers 
this year representing over 350 student organizations and 180 
individual groups, THON has shattered previous year's record.
  Madam Speaker, it is this type of leadership and dedication that 
gives me renewed hope that our Nation's best days are still ahead of 
us. As a proud Penn State alumnus, I join with colleagues such as 
Congressman Wolf, a Penn State alumni, in saying it is not only an 
honor to be associated with a first class institution, it is a 
privilege to share that association with the 15,000 students that 
participated in THON.
  We Penn Staters have a saying: ``We are Penn State.'' But, Madam 
Speaker, as you can see, it goes without question that these students 
are truly the ``we'' in Penn State.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until noon today.
  Accordingly (at 11 o'clock and 3 minutes a.m.), the House stood in 
recess until noon.

                          ____________________




                              {time}  1200
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Blumenauer) at noon.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  Lord of history and Father of all humanity, as we mark Black History 
Month this year, anxiety gives us much to pray about. Yet we have much 
to celebrate as well.
  The Honorable John Lewis tells a story which may serve as a parable 
for African American history in the United States. On a Sunday 
afternoon, he was one of 15 children who took refuge in Aunt Sevena's 
house because a storm was brewing. As the storm let loose, the house 
began to sway. The wood beneath their feet began to bend. A corner of 
the room started lifting up.
  That was when Aunt Sevena told the children to line up and hold 
hands. Then she had them walk as a group back and forth from kitchen to 
the front of the house toward every corner of the room that was rising. 
Fifteen children were walking with the wind, holding that trembling 
house down from flying to the sky with the weight of their own bodies. 
They had learned that You, Lord, were right in the midst of the storm 
and Your voice could be heard in the thunder.
  Throughout history, Lord, Your presence can be found. Be with this 
House tonight as history is made. Be with us now and forever. 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.
  Mr. WILSON of South Carolina. Mr. Speaker, pursuant to clause 1, rule 
I, I demand a vote on agreeing to the Speaker's approval of the 
Journal.
  The SPEAKER pro tempore. The question is on the Speaker's approval of 
the Journal.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.

[[Page 5396]]


  Mr. WILSON of South Carolina. Mr. Speaker, I object to the vote on 
the ground that a quorum is not present and make the point of order 
that a quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from Ohio (Mr. Wilson) 
come forward and lead the House in the Pledge of Allegiance.
  Mr. WILSON of Ohio 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.

                          ____________________




                  MOVING FROM BANK CARE TO HEALTH CARE

  (Mr. KUCINICH asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. KUCINICH. Fifty million Americans without any health insurance, 
another 50 million underinsured. There has never been a more 
significant moment where this country has the opportunity to turn 
crisis into opportunity by making it possible for all Americans for the 
first time to have a plan of national health care, a universal, single-
payer, not-for-profit health care system, where all $2.2 trillion that 
is spent for health care will be spent for health care for people and 
not for profit for insurance companies. Insurance companies make money 
not providing health care.
  With so many Americans without health care today, it is urgent that 
we recognize the value of H.R. 676 to provide Americans with the 
coverage they need, plus we stop this system which is excluding people 
from being able to get the care they need because of the cost of 
premiums and copays.
  This is a moment that we need to seize. H.R. 676, universal, single-
payer, not-for-profit health care. Let's move from bank care to health 
care.

                          ____________________




                 NATIONAL GUARD YOUTH CHALLENGE PROGRAM

  (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, I rise today to recognize 
the National Guard Youth Challenge Program. When we invest in the 
mentoring and education of our children, we provide them a strong 
foundation for their future success. The National Guard Youth Challenge 
Program has a proven track record of teaching the leadership, 
citizenship and life skills that can make a difference in so many 
lives.
  I am particularly proud to have members and supporters of the program 
here on Capitol Hill today, including General John Conaway, chairman of 
the National Guard Youth Foundation, and also Colonel Jackie Fogle, 
Director of the South Carolina Youth Challenge Academy, as they 
celebrate and bring recognition to the extraordinary work that they are 
doing on behalf of our Nation's youth.
  I am grateful to have introduced legislation that would help expand 
the resources for these programs to ensure they continue to have a 
positive impact on the young men and women in our communities. I am 
particularly grateful to see the plans for success in Guam with 
Governor Felix Camacho and First Lady Joann Camacho.
  In conclusion, God bless our troops, and we will never forget 
September the 11th.

                          ____________________




                     MEMORIAL TRIBUTE TO ALVIN KING

  (Mr. COHEN asked and was given permission to address the House for 1 
minute.)
  Mr. COHEN. Mr. Speaker, yesterday in Memphis, Tennessee, my hometown 
and the site of Tennessee 9, a great leader in our community passed 
away, a gentleman by the name of Alvin King.
  Alvin King was 73 years old, and during his time in Memphis, he was a 
political leader. He was an African American gentleman. This is Black 
History Month. He was the third Memphian elected to the House of 
Representatives in Tennessee since reconstruction in 1868, and he 
served in the House of Representatives for 24 years, the third longest 
serving African American in the Tennessee House of Representatives.
  I served with Representative King for 10 of those years when I was a 
senator and he was a very capable, well-liked and effective legislator.
  He did something that is I guess embodied in our President, Barack 
Obama, showing that people can get beyond race. Alvin King was born in 
the civil rights era when it was important in his district that he was 
African American and that his district elect an African American.
  As time went on, he saw the need for people to reach across and get 
votes from people, regardless of race. And he said in 1991 in a mayoral 
race when he supported a candidate other than the candidate I supported 
that black people will vote for white people and white people will vote 
for black people as long as race isn't the issue, and he supported a 
white candidate who was the incumbent mayor because he had worked with 
him as a State legislator, and that was the cause of his defeat in 
1992. But he was early in the call for biracial voting.
  When I ran for office the first time for this seat that I was 
successful in 2006, it wasn't particularly popular for African 
Americans to come out and support me openly. Many did or I wouldn't be 
here. But he was one of the first, and there wasn't an issue in his 
mind about race. It was about who could go the best job.
  Alvin King was a leader. He leaves three sons and a daughter, a 
daughter, Esperanza, who he loved as well as his three sons, but who 
serves as an intern in my office and was the apple of his eye; his sons 
Alvin, Samuel and Ashley, and his wife, Rosalva, who he dearly loved 
and will miss him dearly, as will I and the City of Memphis.

                          ____________________




   REPUBLICANS SAY ``GET SERIOUS ABOUT FISCAL RESPONSIBILITY: FREEZE 
                             SPENDING NOW''

  (Mr. PENCE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PENCE. Mr. Speaker, during these challenging economic times, 
American families and small businesses are making sacrifices to make 
ends meet, and Congress should do the same.
  With all the talk about fiscal responsibility in Washington, D.C., it 
is time for our Democratic colleagues to put our money where their 
mouth is, and Republicans are willing to come together across the aisle 
and make the hard choices necessary to put our fiscal house in order.
  Judging from what is scheduled to come to the floor tomorrow, Mr. 
Speaker, it looks like the majority just doesn't get it. Just slightly 
over one week after passing a $1 trillion so-called stimulus bill, 
Democrats in Congress are planning to pass another big spending bill, 
$410 billion, 9,000 earmarks as usual, the largest increase in 
discretionary spending since the Carter administration.
  House Republicans and millions of Americans are saying enough is 
enough. Let's do what every American family, what the every small 
business is doing. Let's freeze Federal spending immediately and come 
together to get this Congress' house in order.

                          ____________________




    PRESIDENT OBAMA WILL BRING ACCOUNTABILITY TO THE BUDGET PROCESS

  (Mr. WILSON of Ohio asked and was given permission to address the 
House for 1 minute.)
  Mr. WILSON of Ohio. Mr. Speaker, tonight the American people will 
hear the truth about the fiscal situation that President Obama 
inherited.

[[Page 5397]]

  There won't be any sugarcoating in the form of accounting gimmicks 
that hide the wars in Iraq and Afghanistan, natural disasters and some 
Medicare payments. President Obama believes that government should be 
honest, and he is doing the right thing by eliminating accounting 
gimmicks. Such tricks gave the false impression that the government was 
actually addressing our Nation's fiscal mess when it really wasn't.
  Mr. Speaker, tonight President Obama will level with the American 
people about the $1.3 trillion deficit that he inherited from President 
Bush. In the days ahead, we will work with President Obama to make the 
hard choices necessary to put us back on a fiscally responsible path.

                          ____________________




                      CONGRESS MUST QUIT SPENDING

  (Mr. LATTA asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. LATTA. Mr. Speaker, last week it was my privilege during our work 
period back in the district to be at seven of my county courthouses. 
What I did was I met one-on-one all morning and all afternoon and we 
got locked into the courthouses in the evenings to talk to these people 
that we represent. And they are concerned. They are concerned about the 
spending that has been going on in this Congress.
  I had one gentleman wait 4 hours, 4 hours, to come up and just sit 
across from the desk from me for 30 seconds and say we are spending too 
much money in this country. They are worried about what is happening to 
their future, to their kids' future and their grandkids' future.
  You know, it is tough when you pick up the paper and try to explain 
it to them. They say, where is this money coming from that is being 
borrowed? Over the weekend we saw the Secretary of State was over in 
China with cup in hand saying we need you to keep buying our debt.
  The folks back home are concerned about their future and they want 
this Congress to do something, and that means we have got to quit 
spending.

                          ____________________




                           FIXING THE BUDGET

  (Mr. DeFAZIO asked and was given permission to address the House for 
1 minute.)
  Mr. DeFAZIO. Well, we just heard from the Republican side of the 
aisle that they are ready to make the tough fiscal choices. 
Unfortunately, they are about 8 years and $5 trillion short with their 
newfound fiscal conservatism.
  Remember, George Bush inherited a surplus. What was the answer to the 
surplus? Tax cuts. Then we had the attacks of 9/11. What was the answer 
to that? Tax cuts. Then we had the misbegotten war in Iraq. What was 
the answer to that? Tax cuts. A war fought on borrowed money and tax 
cuts. And then we had the bank collapse and the recession growing into 
a depression. And what was the answer of George Bush? Tax cuts. And 
what is the answer of the Republicans today? Tax cuts.
  For them to say they are for fiscal responsibility and honest 
budgeting after those 8 years is laughable. The Obama administration is 
going to give it straight to the American people tonight. They have 
made a hash out of it, and we are going to try to fix it, but it is 
going to take some time.

                          ____________________




                 STIMULATE THE ECONOMY--DRILL OFFSHORE

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. POE of Texas. Mr. Speaker, some day in the future we may live in 
a land flowing with renewable green energy, windmills on every corner, 
cute little battery-operated cars in every garage. But the path to 
blissful nirvana is long and we have just begun that journey.
  Right now, our primary fuel source for vehicles is crude oil, whether 
we like it or not. We get most of it from the Middle East. We transfer 
billions of dollars of taxpayer money to countries that don't like us 
or respect us, countries that have ties to radical terrorists that want 
to kill us.
  The American people support clean offshore drilling. It is good for 
the country. We will keep our money in America instead of sending it 
overseas. Offshore drilling creates high-paying jobs for Americans. We 
reduce the risk of oil spills from tankers from the Middle East. Oil 
companies will send millions of dollars to our Treasury for the right 
to lease offshore, and it can be done cleanly and safely.
  But the new administration has blocked offshore drilling. With all 
the rhetoric about stimulating the economy, one would think that a real 
stimulus would be to drill off our shores and bring jobs and money to 
Americans instead of going into debt with the elusive stimulus package.
  And that's just the way it is.

                          ____________________




                              {time}  1215
                 RECOGNIZING THE SERVICE OF MIKE SHEEHY

  (Mr. HOLT asked and was given permission to address the House for 1 
minute.)
  Mr. HOLT. Mr. Speaker, I rise today to recognize Mike Sheehy, the 
National Security Adviser for the Speaker. Mike Sheehy has given three 
decades of service to his country, much of it here in the House of 
Representatives.
  When the Speaker first appointed me to the House Permanent Select 
Committee on Intelligence 6 years ago, Mike was one of the first people 
I turned to. His deep experience on intelligence matters, as well as 
his knowledge of the House and its Members, have served the Speaker and 
all of us well over the years.
  Especially after the Speaker asked me to chair the Select 
Intelligence Oversight Panel, I have frequently sought his advice on a 
wide range of issues, and I've found him to be always thoughtful and 
well-informed, and I might add, always calm. He is a consummate 
professional.
  As he leaves his position here on Capitol Hill, I and others want to 
recognize him, thank him and wish him well.

                          ____________________




              $410 BILLION ``OMINOUS'' APPROPRIATIONS BILL

  (Mr. KIRK asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. KIRK. Mr. Speaker, the House will vote on the $410 billion 
``ominous'' appropriations bill this week. The bill's text was finished 
weeks ago but kept secret from the American people, and now we know 
why. The legislation contains 9,000 earmarks to be approved, 
ironically, the same week as we had a fiscal responsibility summit.
  Last night, my staff and I stayed up to read this bill, longer than 
the stimulus. We found no less than 12 earmarks for clients of a 
lobbying firm that was raided by the FBI 3 months ago. The leaders of 
Paul Magliochetti and Associates will likely go to jail, but their 
earmarks from this criminal enterprise are in this legislation, 
totaling over $8 million of the taxpayers' money, all approved by the 
leaders of this House. This is irresponsible spending by a criminal 
enterprise to the detriment of this Congress.

                          ____________________




PRESIDENT OBAMA WILL PRESENT AN HONEST BUDGET THAT CUTS THE DEFICIT IN 
                           HALF IN FIVE YEARS

  (Ms. SUTTON asked and was given permission to address the House for 1 
minute.)
  Ms. SUTTON. Mr. Speaker, President Obama inherited a fiscal mess 
created by 8 years of Republican economic and fiscal policies. Tonight, 
our new President will begin the slow process of restoring fiscal 
discipline to Washington. He will do that first by leveling with the 
American people about the true costs of the budget he'll release on 
Thursday.
  Second, he will re-institute the pay-as-you-go guidelines similar to 
those that have been in place here in the Democratic House now for the 
last 2 years. The principle of pay-as-you-go

[[Page 5398]]

played an instrumental role in creating the budget surpluses of the 
1990s. Unfortunately, those commonsense principles were rejected by the 
Bush administration, and helped lead to the record deficit that our 
country must now address.
  And, third, President Obama is expected to propose mandatory, across-
the-board spending cuts to offset any new initiative that expands the 
government's red ink.
  Mr. Speaker, these reforms will help us cut the budget deficit in 
half over the next 5 years, which is not bad, considering what we 
inherited from our Republican friends.

                          ____________________




          ALICE IN WONDERLAND WORLD OF CONGRESSIONAL BUDGETING

  (Mr. PAULSEN asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. PAULSEN. Mr. Speaker, welcome to the Alice in Wonderland world of 
congressional budgeting, a place where Congress calls for fiscal 
responsibility, but then spends well beyond our means, even as the 
budget deficit grows to over $1.4 trillion.
  We're all too familiar with the litany of the spending that's already 
occurred this session; $350 billion for the TARP bailout, $787 billion 
for the pork-filled stimulus bill, and this week, right after the so-
called fiscal responsibility summit, Congressional leaders will bring 
up a giant omnibus spending bill that will spend another $410 billion, 
an 8 percent increase over funding from last year, and has over 9,000 
earmarks. My constituents aren't seeing an 8 percent increase in their 
paychecks.
  The nonpartisan Brookings Institution also cited recently, and I 
quote, ``these are just not deficits as far as the eye can see, but 
they're trillion-dollar deficits as far as the eye can see.''
  Mr. Speaker we're making sacrifices every day. Congress should 
continue to do the same.

                          ____________________




              CHRYSLER PLANT'S FUTURE IN FENTON, MISSOURI

  (Mr. CARNAHAN asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. CARNAHAN. Mr. Speaker, Chrysler Corporation has a proud history 
of producing cars, trucks and vans in the Fenton, Missouri, plant. The 
workers there helped Chrysler survive its darkest hours in the 1980s, 
and helped it thrive during the 1990s and 2000s.
  The U.S. Government has stepped in to help our American automakers 
survive and to protect American jobs. I was truly disappointed to read 
in the St. Louis Post Dispatch that the Fenton, Missouri, plant may be 
at risk under Chrysler's viability plan. By almost every measure, the 
Fenton, Missouri, plant has the key ingredients to be part of the 
survival and success of Chrysler.
  The workforce at the plant is among the most productive in the 
industry, and the plant itself has had a half billion dollars invested 
in it for flexible manufacturing to give it the ability to build the 
cars of the future today. The manufacturing technology reduces the 
carbon footprint, and provides long-term savings and energy use. This 
state-of-the-art plant and its record-setting workers are the example 
of what can help the industry and Chrysler survive and thrive in the 
future.

                          ____________________




               MAKING QUALITY CARE ACCESSIBLE TO PATIENTS

  (Mr. BOUSTANY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. BOUSTANY. Mr. Speaker, tonight President Obama is expected to 
unveil some of his health care reform, and I hope to work with the 
President to lower costs for American families and make health care 
more accessible without dramatically raising taxes.
  Some of my Democratic colleagues advocate for government-run 
universal health coverage, but coverage alone does not guarantee 
access. Too many rural communities currently lack doctors, and Medicare 
payment cuts and frivolous lawsuits have driven providers out of 
business in underserved communities.
  Health care reform should be based on three basic principles, 
information, choice and control. Information that provides real 
information to patients and doctors, choice that allows freedom of 
choice to choose a doctor and develop a doctor/patient relationship, 
and control, which creates real portability for families.
  Working together, I believe we can achieve real results and make 
health care much more affordable and accessible. We all agree that our 
system will make America more competitive and give families peace of 
mind. And that's why we need to work together to put the doctor and 
patient back in control.

                          ____________________




         BUSH BUDGET LEGACY--DEEP DEFICITS AND ECONOMIC DECLINE

  (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, over the last 8 years, the Bush 
administration turned our budget situation from rosy to grim. President 
Bush and the Republican Congress pushed their economic policies as an 
answer to the prolonged growth that never came. They let budget rules 
lapse and enacted expensive tax cuts for the wealthiest few, with no 
offsets.
  Now it turns out, instead of spurring long-term growth, these 
trickle-down policies have cost our Nation dearly. Our economy 
nationwide and in my home State of New Jersey is in worse shape than 
ever.
  As a result of the economic deterioration that occurred under 
President Bush's policy, the projected deficit for fiscal year 2009 has 
reached an unprecedented $1.2 trillion. This deficit did not arise 
overnight, and out of the blue. President Bush inherited a healthy $5.6 
trillion surplus.
  And so, Mr. Speaker, we need to bring our country back to fiscal 
responsibility.

                          ____________________




          ACT FISCALLY RESPONSIBLY AND IN A BIPARTISAN MANNER

  (Mr. FLEMING asked and was given permission to address the House for 
1 minute.)
  Mr. FLEMING. Mr. Speaker, 2 weeks ago this body spent over $1 
trillion of taxpayer dollars on programs that will grow the size of 
government, but won't stimulate the economy to help us get out of this 
financial crisis.
  Consumer confidence remains low, and fear of the future remains, as 
evidenced by the lowest Dow since 1997.
  Last week I held two town hall meetings in my district in Northwest 
Louisiana. In both meetings, the feelings were the same. People are 
scared and they are angry. They are looking for solutions. Instead we 
give them wasteful spending and social programs funded with one-time 
money. Now we hear of a plan to finance this with taxes on the back of 
small businesses and on the taxpayers themselves.
  To help this economy, we must allow business to expedite depreciation 
schedules, eliminate capital gains taxes and reduce payroll deductions 
and dedicate dollars to infrastructure projects, including I-49 in 
Louisiana.
  As we move to consider the half trillion dollar omnibus, I urge my 
colleagues to act fiscally responsible and in a bipartisan manner.

                          ____________________




                    COMPREHENSIVE IMMIGRATION REFORM

  (Mr. BACA asked and was given permission to address the House for 1 
minute.)
  Mr. BACA. I rise today to urge my colleagues, our leadership, Speaker 
Pelosi, President Obama, to work with CHC on comprehensive immigration 
reform.
  Two weeks ago this legislative body passed a significant bill that 
will help our devastated economy. We cannot forget the other gaping 
wound here, our broken immigration system. We are making a big mistake 
if we continue to ignore the 12 to 14 million undocumented immigrants 
who are part

[[Page 5399]]

of this economy. This is not something that we should sweep under the 
rug with more unrealistic enforcement-only fixes to the immigration 
system. Enforcement-only approaches makes the situation worse by 
generating an underground economy and encouraging a demand for 
vulnerable, undocumented workers.
  I urge my colleagues not to let politics cloud a real solution. The 
only answer is comprehensive immigration reform.

                          ____________________




               ANTICIPATING THE JOINT SESSION OF CONGRESS

  (Mr. ENGEL asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. ENGEL. Mr. Speaker, tonight, when President Obama speaks to a 
joint session of Congress, I will be on the aisle to greet him, as I 
have for the past 20 years. It's always my honor and privilege to shake 
the hand of the President of the United States. And it's really 
electrifying. But I think tonight, Mr. Speaker, the anticipation is 
even more electrifying than usual. Our new President, who has done such 
a wonderful job in bringing us hope, is going to come tonight to speak 
with the Congress and tell us his plans. I hope and I know that under 
his administration, we will fix health care and have it universal for 
everyone.
  We know, and under his administration, we will look at our energy 
policy and wean ourselves off of foreign oil so that America can truly 
be energy independent.
  We need to get our fiscal House in order, and the President's going 
to address that as well.
  So as we anticipate his speech, Mr. Speaker, I want to say to the 
President of the United States, that I am willing and want to work with 
him hand-in-hand, hope we can do it on a bipartisan basis, and I look 
forward to his words tonight.

                          ____________________




                         NO PATIENT LEFT BEHIND

  (Mr. KAGEN asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. KAGEN. Mr. Speaker, we're going to be listening this evening to 
President Obama, and one of his featured subjects will be health care. 
What we don't need in the United States is socialized medicine. We 
don't need more government control of our personal lives.
  What we do need is access to affordable health care for everyone. And 
to guarantee access to affordable care for every citizen, we need to 
enact the essential elements of health care, which are, first, that 
there shall be no discrimination against any citizen due to any pre-
existing condition.
  Second, there should be open disclosure of all prices, so we know the 
price of a pill before we swallow it.
  And, third, we need to secure the same discounts for all citizens so 
we all pay the same price for the same service or product.
  We can also create the largest risk pools possible to leverage down 
prices for all of us. Imagine this: We are only one law away from 
guaranteeing access to affordable care for everyone everywhere in these 
United States.

                          ____________________




                  REPUBLICAN ALTERNATIVE RECOVERY PLAN

  (Ms. CORRINE BROWN of Florida asked and was given permission to 
address the House for 1 minute and to revise and extend her remarks.)
  Ms. CORRINE BROWN of Florida. Mr. Speaker, earlier this month, House 
Republicans refused, to a person, to support the economic course that 
President Obama's recovery plan offered.
  The Republican proposal is made up almost entirely of tax cuts for 
the wealthy and strips virtually all of the job-creation investments 
that was necessary to transform our economy for the future. Their 
alternative plan had no funds for American infrastructure needs, no 
investment in energy efficiency, and no protection for health care, no 
money for police officers and teachers and no food assistance for 
struggling families, and offered no chance for America to come out of 
this recession stronger and more able to compete economically.
  Mr. Speaker, when are House Republicans going to realize that you can 
fool some of the people some of the time, but you can't fool all of the 
people all of the time?

                          ____________________




                              {time}  1230
                PROSPERITY AHEAD FOR ALL AMERICAN PEOPLE

  (Ms. JACKSON-LEE of Texas asked and was given permission to address 
the House for 1 minute.)
  Ms. JACKSON-LEE of Texas. Mr. Speaker, what an exciting and 
wonderfully forward day that we have today when we will be addressed by 
the Commander in Chief regarding the state of the Nation. All I can 
think about is we have planted the seeds of the economic stimulus 
package, a plan that should help no matter who you are and where you 
are in the nooks and crannies of this Nation, how this Commander in 
Chief will tell us of the prosperity ahead, of the brighter days ahead. 
I look forward to that kind of leadership, for, when you are in 
troubling times, you plant the seeds to make it better.
  Our instruction to America is that no area should be left out. The 
rural poor should not be left out. The urban centers should not be left 
out. As we are watching the States, we are seeing that some of them are 
making decisions that do not impact all of the people. We are going to 
call them to be able to be held accountable because this money is not 
for their own personal piggy banks.
  Let me also say, Mr. Speaker, that I was gratified that the chairman 
of the Homeland Security Committee allowed me to travel to Guantanamo 
Bay yesterday. It is, in fact, a place where our soldiers are working 
very hard, but it is also a place where we can find another location. 
We are studying the issue, but I think it is possible to close 
Guantanamo Bay.

                          ____________________




                         A PROPOSED TAX HOLIDAY

  (Mr. GOHMERT asked and was given permission to address the House for 
1 minute.)
  Mr. GOHMERT. Mr. Speaker, I have proposed a tax holiday plan. The 
bill has been filed. I think the first one was laid over here on the 
Clerk's desk as soon as we were sworn in. It would allow the American 
people to keep their own income for 2 months. It would allow them to 
keep their withholding.
  When I brought it up to President Obama, he seemed intrigued by the 
idea. He said, ``Ah, you need to talk to Larry Summers about it.''
  Larry Summers said, ``Sure, I'll talk to you.''
  Well, he didn't take my calls, but nonetheless, I was really 
gratified Saturday to hear the President say he was going to put 
people's money, their withholdings, in their paychecks so they wouldn't 
have to wait for a rebate check. I said, ``Wow, fantastic. He's going 
to help the American people.''
  The average household was going to get to keep about $1,000 a month 
under the proposal. It was going to be great. It was going to help 
people buy cars. Yet, as it turns out, he said it's $65 a month. Boy, 
that's like throwing somebody who's drowning a toothpick and saying, 
``Grab hold and hang on and we'll help you.'' Let's get them their real 
money back.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Blumenauer). 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 is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken later.

                          ____________________




                          HONORING PAUL NEWMAN

  Mr. LYNCH. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 18) honoring the life,

[[Page 5400]]

achievements, and contributions of Paul Newman.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                               H. Res. 18

       Whereas Paul Newman, a great American actor, film director, 
     entrepreneur, humanitarian, and automobile racing enthusiast, 
     passed away on September 26, 2008;
       Whereas Paul Newman was born on January 26, 1925, in Shaker 
     Heights, Ohio;
       Whereas following his service in the Navy during World War 
     II in the Pacific theater, Paul Newman completed his degree 
     at Kenyon College and later at the Yale School of Drama;
       Whereas Paul Newman is considered one of America's most 
     accomplished actors and his career in film and on stage 
     spanned over fifty years;
       Whereas Paul Newman was nominated for ten Oscars, winning 
     Best Actor in 1986 for his role in The Color of Money and two 
     honorary Oscars, the Humanitarian Award in 1993 and the 
     Lifetime Achievement Award in 1985;
       Whereas Paul Newman brought life to many memorable 
     characters, including ``Hud'', ``Cool Hand Luke'', ``Butch 
     Cassidy'', ``Henry Gondorff'', and ``Fast Eddie'';
       Whereas in 1982, Paul Newman co-founded Newman's Own, a 
     premium food and beverage company that began with salad 
     dressings and has expanded to over 150 varieties of all-
     natural food and beverage products;
       Whereas Paul Newman was a dedicated philanthropist, 
     donating all of the profits from Newman's Own sales for 
     educational and charitable purposes, totaling over 
     $250,000,000 in donations;
       Whereas Paul Newman founded eleven Hole in the Wall camps 
     around the world, named for the outlaw gang made famous by 
     Newman's portrayal of Butch Cassidy in Butch Cassidy and the 
     Sundance Kid, and dedicated to providing free recreation to 
     children with cancer and other serious illnesses;
       Whereas Paul Newman founded the Scott Newman Foundation for 
     the prevention of drug abuse in 1978 after the death of his 
     son;
       Whereas Paul Newman was a successful racecar driver and 
     well-rounded athlete, winning several Sports Car Club of 
     America national driving titles and competing in Daytona in 
     1995 on the occasion of his 70th birthday;
       Whereas Paul Newman was beloved by his family, friends, and 
     neighbors for his great generosity, good humor, and spirited 
     charm; and
       Whereas Paul Newman's humanitarian works and incomparable 
     talents have made him an American icon who will never be 
     forgotten: Now, therefore, be it
       Resolved, That the House of Representatives honors the life 
     and accomplishments of Paul Newman for his many contributions 
     to American film, theater, and philanthropy.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Lynch) and the gentleman from Ohio (Mr. Jordan) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.


                             General Leave

  Mr. LYNCH. 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 Massachusetts?
  There was no objection.
  Mr. LYNCH. Mr. Speaker, I yield myself such time as I may consume.
  On behalf of the House Committee on Oversight and Government Reform, 
I am pleased to stand in support of House Resolution 18, which 
expresses admiration and honor for the life, achievement and 
contributions of screen legend and philanthropist Paul Newman, who, as 
we all know, lost his battle against cancer last September.
  Paul Newman was born in Cleveland, Ohio, to parents Arthur and Teresa 
Newman during the tumultuous economic times of the 1920s. A supposed 
athletic powerhouse, Paul Newman's first love during high school ended 
up being football rather than acting or theater. However, following 
high school graduation, the legendary Newman would eventually enlist in 
the United States Navy Air Corps, and would spend a portion of his 
service time as a radio operator in the Pacific during World War II.
  Upon conclusion of his military service, Mr. Newman resumed his 
collegiate pursuits by attending Kenyon College of Ohio where he would 
major in theater, thereby fostering his love of acting and the arts. In 
addition to his undergraduate studies, Mr. Newman also studied at 
Yale's School of Drama before taking a leap of faith and pursuing his 
acting ambitions on New York's famed Broadway scene--and the rest, as 
they say, is history.
  From his 1953 Broadway debut in the Pulitzer Prize winning comedy 
``Picnic'' to his unforgettable roles in such films as ``Cat on a Hot 
Tin Roof,'' ``Cool Hand Luke,'' ``Butch Cassidy and the Sundance Kid,'' 
and the 1982 version of ``The Verdict,'' Mr. Newman's talent has 
crossed generations and has touched the lives of millions of Americans 
over nearly a half century.
  In addition to his acting career, Mr. Newman is also well-known for 
his love of Nascar racing and for his extraordinary philanthropical 
efforts made possible by the proceeds of his famous Newman's Own salad 
dressing products. Since inception, Newman's Own has donated over $250 
million to thousands of charities and worthy causes around the world, 
including Hole in the Wall Camps, which he and his wife, Joanne 
Woodward, created as a safe haven for children facing life-threatening 
illnesses.
  Mr. Speaker, there is no doubt that Paul Newman's legacy, talents and 
contributions to our country's cultural and social fabric will long be 
remembered. Nevertheless, House Resolution 18, as introduced by Steve 
Cohen of Tennessee and considered by the House Committee on Oversight 
and Government Reform, allows our Chamber to also express our gratitude 
and commemoration for the life of Paul Newman. For this reason alone, I 
ask my colleagues to join me in supporting House Resolution 18.
  I reserve the balance of my time.
  Mr. JORDAN of Ohio. Mr. Speaker, I rise to speak in favor of H. Res. 
18.
  It is my pleasure to stand here and recognize a fellow Ohioan for his 
great years of service. The world lost one of its greatest actors, film 
directors, entrepreneurs, and humanitarians last September when Paul 
Leonard Newman lost his battle with lung cancer at the age of 83--the 
legendary actor, whose steely blue eyes, good humor and passion for 
helping the less fortunate made him one of the most prominent figures 
in the American arts for over 50 years.
  Paul Newman was born on January 26, 1925 in Shaker Heights, Ohio. His 
father owned a sporting goods store, but Mr. Newman was more interested 
in following his mother's and uncle's interest in the arts, and he 
started acting in grade school. After less than a year at Ohio 
University in Athens, he joined the Navy, and served for 3 years during 
World War II. After the war, he attended Kenyon College on an athletic 
scholarship where he played football and acted in numerous plays before 
graduating in 1949. Mr. Newman later studied drama at Yale University, 
and soon thereafter, he made his first debut on Broadway in the play 
``Picnic.'' A year later, in 1954, he starred in his first Hollywood 
film, ``The Silver Chalice,'' a flop that he good-naturedly laughed at 
for the rest of his life.
  Although his first film was a failure in his eyes, the 1956 movie 
``Somebody Up There Likes Me'' made him a star, and more hits followed: 
``The Long, Hot Summer'' opposite his soon-to-be-wife, Joanne Woodward, 
``Cat on a Hot Tin Roof'' and ``The Young Philadelphians.'' All of 
these film classics have withstood the test of time for movie 
enthusiasts.
  Mr. Newman was one of the few actors who successfully made a 
transition from 1950s cinema to the new film eras of the 1960s and 
1970s. He began the decade with ``Exodus,'' ``The Hustler,'' ``Sweet 
Bird of Youth,'' ``Hud,'' ``Harper and Hombre,'' and many more. In 
1968, he turned to directing, earning enthusiastic reviews for his work 
on ``Rachel, Rachel,'' starring his wife. In the late 1960s and early 
1970s, Mr. Newman played an integral part in the creation of the 
highest grossing films of their time--``Butch Cassidy and the Sundance 
Kid'' and ``The Sting''--winning many awards, including best picture 
for the latter.
  However, the movies and occasional stage roles were never enough. In 
the 1970s, he turned to race car driving, an obsession he picked up in 
midlife after he was cast as a race car driver in the film ``Winning.'' 
His first race was in 1972, and his first professional victory

[[Page 5401]]

was in 1982. He was a co-owner of the Newman/Haas Indy racing team, and 
at the age of 70, he participated in the 24 Hours of Daytona. He was 
still racing at the age of 80.
  In 1982, as a joke, he decided to sell the salad dressing he created 
and bottled for friends and family at Christmas. Thus was born the food 
marketing phenomenon known as ``Newman's Own'' products. More than 25 
years later, the brand has expanded to include other foods, ranging 
from popcorn to spaghetti sauce to wine. All of its profits, more than 
$200 million, have been donated to charity. Much of the money was used 
to create a number of Hole in the Wall Gang Camps named after the 
outlaw gang in ``Butch Cassidy.'' The eleven summer camps, located all 
over the world, provide free recreation for gravely ill children.
  His humanitarian efforts also reach to those with alcohol and drug 
addiction at the Scott Newman Center, which is in honor of his first 
born and only son, who died in 1978 at the age of 28 because of a drug 
and alcohol overdose. It is run by the oldest of his five daughters, 
Susan Newman, and its mission is to publicize the danger of drugs and 
alcohol.
  Finally, 25 years after ``The Hustler'' and seven Academy Award 
nominations, Mr. Newman won an Oscar in 1986 for his role in ``The 
Color of Money.'' He continued to act, charming many with his role in 
``Road to Perdition'' at the age of 77. He finally retired in 2007, 
saying he had lost his confidence and abilities.
  The world will mourn Paul Newman--the actor, race car driver and 
renowned philanthropist--and those blue eyes that mesmerized the public 
will live on in his wonderful films for generations to come.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LYNCH. At this point, I would like to recognize my friend for 5 
minutes, Representative Steve Cohen from Tennessee.
  Mr. COHEN. Mr. Speaker, I rise to honor the life, achievements and 
contributions of Paul Leonard Newman--a man whose legacy remains in his 
films and philanthropy.
  I, like, I think, every other American am a longtime admirer of Paul 
Newman's, and I wanted to honor him last year in Congress when he 
passed, but we were in the process of adjourning, and time didn't make 
it possible.
  In 1985, while a Tennessee State Senator, I sponsored a similar 
resolution because he had just started his work with Newman's Own, and 
his philanthropy was starting to spark the Nation. He responded when I 
sent him a copy of the resolution with a very nice note, signed by Paul 
Newman, with the return address simply being ``Paul Newman.'' The 
understated response was typical of a man who was so understated.
  Sunday night at the Academy Awards, in their tribute to artists who 
had passed away in the previous year, we were reminded of this 
gentleman when he was shown on the screen and received the greatest 
applause from his cohorts--members of the academy. Newman's daughter 
described him as a rare symbol of selfless humanity.
  Paul Newman was inspirational. His acting career crossed generations. 
I remember my mother and father enjoying him much when I was a child, 
and it spanned some 50 years.
  In 1986, he won two awards from the Academy--one for best actor, and 
the other was an honorary Oscar, in part, for his personal integrity 
and dedication to his craft, but then in 1994, he was awarded a third--
the Jean Hersholt Humanitarian Award for his philanthropic work. Only 
Frank Sinatra and Paul Newman have so been honored in history.
  Newman's astonishing career took a major leap in 1982 when he and his 
pal and buddy, the noted writer A.E. Hotchner, founded Newman's Own 
food company. With that change came much moneys for charity and a new 
salad dressing for me and for many Americans, Mr. Speaker, and new 
spaghetti sauce and new popcorn--Paul Newman's Own.
  They established a policy that all proceeds from Newman's Own 
products would be donated to charities, all of the profits through 
Newman's Own Foundation. That has resulted in over $250 million already 
going to charities around the world.
  In the fall of 1988, he opened his first Hole in the Wall Camp in 
Connecticut for children with serious medical conditions, conditions 
ranging from cancer to HIV/AIDS, to hemophilia and sickle cell anemia. 
Over the years that camp has gone worldwide. It has gone to Africa, 
Asia and the Middle East--seeing children who have devastating 
illnesses and giving them an opportunity for a summer of enjoyment and 
laughter. Newman used to visit these camps just to take a look. The 
kids did not know who he was, but he got a great feeling from 
worthwhile projects by just watching these young people, and he saw how 
much they enjoyed the opportunity to have recreation. He served over 
135,000 young people over the years.
  In his charitable work, he has invested his own time in choosing the 
charities which go from environmental to educational to the arts, and 
those charities have gone all over the world. He used his fame to give 
away much of his fortune. While we have had philanthropic Americans 
like Melinda and Bill Gates and Ted Turner and in my city Danny Thomas, 
who came and did so much for St. Jude, I don't think anybody has given 
such a percentage of their fortune and continues to do so as Paul 
Newman.
  He was one of the founders of the committee encouraging corporate 
philanthropy--a membership organization of CEOs and corporate 
chairpersons committed to raising the level of quality of global 
corporate philanthropy. The committee leads the business community in 
developing sustainable and strategic community partnerships through 
philanthropy.
  In these times, Mr. Speaker, more people need to assume personal 
responsibility and contribute to those who are suffering. Paul Newman 
continues to do so through his charities.
  At the end of the Oscars on that tribute to those who passed, Paul 
Newman was shown on the screen as Chance Wayne in ``Sweet Bird of 
Youth,'' and he was quoted as saying, ``The biggest difference between 
people is not between the rich and the poor, the good and the evil. The 
biggest difference between people is between those who have had the 
pleasure of love and those who haven't.''
  These words were not Paul Newman's. They were the writer's, but they 
were Paul Newman's life. They were his life--his 50-years of marriage 
to Joanne Woodward and the love he had for her and for his children. He 
was not your typical Hollywood star, and it was also his love for 
people in his charitable work.

                              {time}  1245

  I'd like to close by using Newman's own tradition and spirit: 
``Shameless exploitation in pursuit of the common good.''
  Mr. Speaker, I urge everyone to go to Newmansown.com, look at Paul 
Newman, think about Paul Newman, and today and every day buy salad 
dressing, popcorn, spaghetti sauce, and other products of Paul Newman's 
and let his legacy live on and support the charities: Shameless 
exploitation in the pursuit of the common good.
  Mr. JORDAN of Ohio. Mr. Speaker, I will continue to reserve.
  Mr. LYNCH. Mr. Speaker, at this time I am very pleased to recognize 
the distinguished gentleman from Connecticut (Mr. Courtney) for 2 
minutes.
  Mr. COURTNEY. Mr. Speaker, it is obvious from listening to the prior 
comments of this great resolution that Paul Newman touched a lot of 
parts of America: His birthplace in Ohio; the time he spent, obviously, 
in Hollywood making movies; Tennessee, other places. But he did, for 
the last half of his life, live in Westport, Connecticut, a place that 
our State was always glad to embrace him and his wonderful wife, Joanne 
Woodward.
  He was somebody who, in the State of Connecticut, was usually seen in 
jeans, in casual clothes, probably even having a libation now and then 
at community events, very low-key, and never really looking to draw 
attention to himself.

[[Page 5402]]

  It's been mentioned earlier the great work that he did founding the 
Hole in the Wall Gang, which was an extraordinary accomplishment even 
in just the latter stage of his life. And the first camp which he 
founded was in Ashford, Connecticut, in eastern Connecticut, a 30-acre 
farm by the Harakaly family. Again, a place where children suffering 
chronic, in many cases crushing illnesses were able to come and 
actually enjoy life as a summer camper which otherwise would never ever 
have been possible.
  I just wanted to share a description by one of the boards of 
directors about when Paul Newman would show up at the camp because he 
didn't just go through the motions of just leaving his name, but he 
appeared in many instances to participate in camp activities. He loved 
to talk about the little kids who had no idea who he was, the friendly 
old guy who kept showing up at camp to take them fishing. While their 
counselors stammered star struck, the campers indulged Newman the way 
they would have indulged a particularly friendly hospital blood 
technician.
  It took me years to understand why Newman loved being at the Hole in 
the Wall Gang Camp. It was for precisely the same reasons these kids 
did. When the campers showed up, they became regular kids, despite the 
catheters and the wheelchairs and the prosthetic legs. And when Newman 
showed up, he was a regular guy with blue eyes, despite the Oscars and 
the race cars and the burgeoning marinara empire.
  The most striking thing about Paul Newman was that a man who could 
have blasted through life demanding, ``Have you any idea who I am,'' 
invariably wanted to hang out with the folks, often the little ones who 
neither knew or cared.
  Again, I want to applaud Mr. Cohen for bringing this extraordinary 
measure and calling our Members for unanimous support.
  Mr. JORDAN of Ohio. Mr. Speaker, I will continue to reserve.
  Mr. LYNCH. Mr. Speaker, at this time I would like to recognize 
Chairman George Miller from California for 2 minutes.
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise today in support 
of this resolution to honor the life and accomplishments of Paul 
Newman, a truly great American and a man I am proud to have called my 
friend.
  Sadly, Paul passed away late last year. Paul was a magnificent human 
being. While he played the anti-hero on the silver screen, in real life 
he was a true hero. Like his character Cool Hand Luke, Paul Newman was 
not afraid to rock the boat.
  Paul never limited his horizons--in his acting, his advocacy, or his 
vision of our world. He once admonished some of his colleagues who 
shied away from politics, he said, ``Do you abdicate the 
responsibilities of citizenship merely because you carry a Screen 
Actors' Guild card . . . Or do you dig deeply and become as 
knowledgeable an expert as you can and speak your piece and hope your 
weight was being thrown on the right side?''
  I knew Paul before he knew me, and when our friend, Lizzie Robbins, 
introduced us to one another, I realized I had never met anyone like 
him in public life before. He was modern despite his age, he remained 
curious throughout his life, he had an enormous passion and steadfast 
commitment. He started the Hole in the Wall Gang kids camp for kids 
with life-threatening diseases, and they attended the camp free of 
charge.
  He was an advocate of nuclear disarmament, early childhood 
development, and a healthy environment. He even helped to pioneer 
alternative fuel technologies to cut carbon emissions.
  It was an honor to be on the receiving end of his exultations, his 
missives, his opinion pieces for the vision that he and I shared for 
peace and justice for this world--even while the right wing tried to 
punish him in the marketplace for his willingness to speak his mind. 
But the right wing could never win that argument because America knew 
Paul Newman, and they trusted him.
  With Paul's enormous success in acting and business where he raised 
over $250 million for the charity of his Newman's Own brand--and that's 
in addition to giving away half of his income a year.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LYNCH. Mr. Speaker, I yield the gentleman an additional 1 minute.
  Mr. GEORGE MILLER of California. In giving away half his income to 
causes he supported, it was especially striking how humble Paul had 
remained throughout his life. But Paul was the first to acknowledge 
luck in his life. He said, ``The beneficence of it,'' he said, ``in 
many lives and the brutality of it in the lives of others, especially 
children, who might not have a lifetime to make up for it.''
  Paul once asked what he owed his fans after all of these years, to 
which he humbly replied, ``Thank you.'' And that's exactly what the 
world owes him.
  I want to thank Congressman Cohen for introducing this resolution, 
and I want to offer, obviously, my best wishes to Paul's family--the 
kids and the grandkids--and to that magnificent partner of his in a 
magnificent relationship, Joanne, and thank them for sharing Paul with 
us during his great life.
  Mr. HIMES. Mr. Speaker, I rise to honor a great artist, humanitarian, 
and longtime resident of Connecticut's 4th District, Paul Newman.
  Paul's achievements in philanthropy and the arts are well known. He 
was an Academy Award-winning film star whose food company, Newman's 
Own, donated more than $250 million in profits and royalties to 
charitable causes. Lesser known, however, are Paul's contributions to 
the community of Westport, Connecticut, where he and his wife Joanne 
Woodward resided for nearly 50 years together.
  Though they could have easily used their Westport home as an escape 
from their many national and international projects, Paul and Joanne 
chose instead to become quiet pillars of their town. They were regular 
volunteers at the Historical Society, the Public Library, and the 
Westport Country Playhouse--a cultural mecca in my district whose 
outreach in the community is tremendous, and where Joanne remains 
Artistic Director.
  If you want to know the Paul Newman that Westport knew, consider the 
following story. In 2000, the Westport YMCA wanted to honor the Newmans 
for its ``Faces of Achievement'' award and wrote to Paul regarding this 
idea. The following was Newman's gracious response:

       On my 70th birthday, my wife Joanne and I resolved not to 
     accept any more honors. Not, you understand out of arrogance, 
     just a mellow belief that we had been honored in gracious 
     sufficiency and that more would constitute excess. As the 
     daughter says in Thornton Wilders' Our Town, `Momma, am I 
     pretty?' Momma replies, `You're pretty enough for all normal 
     purposes.' Joanne and I have been fortunate to be honored 
     enough `for all normal purposes.'

  Notwithstanding the grace and modesty that Paul carried with him 
everywhere, we hope that wherever you are, Paul, you'll indulge us in 
honoring you just one more time.
  Barbara Walters once asked Paul Newman what he wanted his epitaph to 
be. He replied, ``That I was part of our times.'' Paul Newman was both 
part and paragon of his times, and we in Connecticut will dearly miss 
him.
  Mr. JORDAN of Ohio. Mr. Speaker, I urge support for H. Res. 18.
  I yield back the balance of our time.
  Mr. LYNCH. Mr. Speaker, again, I urge my colleagues to join with Mr. 
Cohen and the other speakers in supporting the resolution at hand.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Lynch) that the House suspend the 
rules and agree to the resolution, H. Res. 18.
  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 THE SIGNIFICANCE OF BLACK HISTORY MONTH

  Mr. LYNCH. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 83) recognizing the significance of Black History 
Month.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

[[Page 5403]]



                               H. Res. 83

       Whereas the first Africans were brought involuntarily to 
     the shores of America as early as the 17th century;
       Whereas these Africans in America and their descendants are 
     now known as African-Americans;
       Whereas African-Americans suffered involuntary servitude 
     and subsequently faced the injustices of lynch mobs, 
     segregation, and denial of basic, fundamental rights;
       Whereas despite involuntary servitude, African-Americans 
     have made significant contributions to the economic, 
     educational, political, artistic, literary, religious, 
     scientific, and technological advancement of the Americas;
       Whereas in the face of injustices, United States citizens 
     of good will and of all races distinguished themselves with 
     their commitment to the noble ideals upon which the United 
     States was founded and courageously fought for the rights and 
     freedom of African-Americans;
       Whereas Dr. Martin Luther King Jr. lived and died to make 
     real these noble ideals;
       Whereas the greatness of the United States is reflected in 
     the historic election of Barack Obama, an American of African 
     ancestry, to the Office of the President of the United States 
     of America;
       Whereas the birthdays of Abraham Lincoln and Fredrick 
     Douglass inspired the creation of Negro History Week, the 
     precursor to Black History Month;
       Whereas Negro History Week represented the culmination of 
     Dr. Carter G. Woodson's efforts to enhance knowledge of black 
     history started through the Journal of Negro History, 
     published by Woodson's Association for the Study of African-
     American Life and History; and
       Whereas the month of February is officially celebrated as 
     Black History Month, which dates back to 1926, when Dr. 
     Carter G. Woodson set aside a special period of time in 
     February to recognize the heritage and achievement of Black 
     Americans: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) recognizes the significance of Black History Month as 
     an important time to recognize the contributions of African-
     Americans in the Nation's history, and encourages the 
     continued celebration of this month to provide an opportunity 
     for all peoples of the United States to learn more about the 
     past and to better understand the experiences that have 
     shaped the Nation; and
       (2) recognizes that the ethnic and racial diversity of the 
     United States enriches and strengthens the Nation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Lynch) and the gentleman from Ohio (Mr. Jordan) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.


                             General Leave

  Mr. LYNCH. 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 Massachusetts?
  There was no objection.
  Mr. LYNCH. Mr. Speaker, I now yield myself such time as I may 
consume.
  As a Member of the House Committee on Oversight and Government Reform 
and Chair of the House Subcommittee on the Federal Workforce, I'm 
pleased to stand in full support and consideration of House Resolution 
83, which calls for Congress to recognize the significance of Black 
History Month, which is annually commemorated during the month of 
February.
  House Resolution 83 was introduced by our colleague, Representative 
Al Green of Texas, on January 23, 2009, and was considered by and 
reported from the Oversight Committee on February 11, 2009, by a voice 
vote.
  The measure has strong support and cosponsorship of over 70 Members 
of Congress. Yet today's floor consideration of the bill gives Members 
of this body an opportunity to pay tribute to the remarkable 
contributions that African Americans have made to America's growth 
department and rich history.
  As we are aware, February marks the beginning of Black History Month, 
which was first celebrated as Negro History Week in 1926 by Carter G. 
Woodson, a noted African American author and scholar; but it has since 
become a month-long commemorative celebration as a way of recognizing 
and highlighting the role that black Americans have played in America 
since its existence, and the role they continue to play in the country 
on a daily basis.
  From the story of Crispus Attucks, a black man from my home State of 
Massachusetts, who became the first American casualty of the 
Revolutionary War during the Boston Massacre, to such powerful 
individuals as Harriet Tubman, Benjamin Banneker, Dr. Martin Luther 
King, Jr., Malcolm X, Madam C.J. Walker, General Colin Powell, to the 
thousands of military service men and women who have bravely served our 
nation, to the Members of our own Congressional Black Caucus and, of 
course, to our now 44th President of the United States, Barack Obama, 
who will speak to this body this evening.
  The contributions that black Americans have made to this great Nation 
are intricately woven into who we are as a people and as a country. And 
it is not just the pioneers or the leaders that have made a difference, 
but importantly, it is the everyday citizen that's serving as a 
teacher, a mentor, a pastor, a doctor, a first responder, a public 
servant, or a parent who continues to impact our country's history in 
such a powerful and positive way.
  Across our great land, Black History Month is marked by the offerings 
of educational and cultural programs, heightened media coverage and 
special celebrations and events designed to share with the world the 
strength, the ingenuity, and accomplishments of our fellow American 
citizens.
  Mr. Speaker, as we move to recognize Black History Month and this 
year's educational theme of ``The quest for black citizenship in the 
Americas,'' let us all recall the experience and valuable contributions 
of African Americans to the United States of America. Moreover, let us 
not forget that black history is truly American history.
  And with that, I urge the swift passage of House Resolution 83.
  I reserve the balance of my time.
  Mr. JORDAN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  I am honored to speak today in support of H. Res. 83, which has been 
sponsored by my distinguished colleague from Texas, Mr. Al Green, to 
recognize Black History Month.
  Each February during Black History Month, we express our appreciation 
for the determination and perseverance of the African American 
community, as well as remember the struggles they have endured. This 
resolution is a fitting tribute as we just last month celebrated both 
the life of the Reverend Martin Luther King, Jr., and the historic 
inauguration of the first African American President of the United 
States, Barack Obama.
  This resolution seeks to do several things. First, it memorializes 
the great costs African Americans have paid for injustices of the past 
and present. The Civil Rights Movement and the events that led up to it 
were a pivotal point in our history. Martin Luther King, Jr., led the 
charge to right the wrongs of discrimination and strove to create a 
nation where all men and women are truly equal.
  This resolution also seeks to honor the many contributions African 
Americans have made to all facets of our lives.
  We recognize scientists, such as George Washington Carver, who have 
changed our daily lives; politicians, religious figures, and activists 
who have helped shape our Nation, and the artists, entertainers, and 
sports heroes who continue to make our daily lives more enjoyable.
  The collective contributions of the African American community has 
touched every one of our lives in a positive way.
  I reserve the balance of our time.

                              {time}  1300

  Mr. LYNCH. Mr. Speaker, at this time, I would like to recognize the 
chief sponsor of this resolution, my friend from Texas (Mr. Al Green), 
for 4 minutes.
  Mr. AL GREEN of Texas. Mr. Speaker, I thank Chairman Towns, Ranking 
Member Issa, Subcommittee Chair Lynch, the manager of the resolution on 
the floor from Ohio, Congressman Jordan, and I also thank the many 
cosponsors of this resolution.
  Mr. Speaker, how appropriate it is that this resolution would come to 
the floor of the House of Representatives

[[Page 5404]]

on the day that the newly elected President of the United States of 
America would address a joint session of Congress. How appropriate it 
is because the newly elected President of the United States of America 
is a significant manifestation of how important black history is in the 
United States of America. It is on this day that he will address this 
joint session of Congress, and he is a person of African ancestry.
  While it is true that we should remember the horrors of history, it 
is equally as true that we should celebrate the successes of history. 
And I believe that this resolution is a means by which we can engage in 
the celebration of good deeds accomplished and great things done that 
can engender the inspiration to do that which must be done.
  So let us today celebrate the fact that African Americans were able 
to overcome involuntary servitude with the help of Americans of good 
will of all hues, of all colors. And because they were helped and they 
were able to overcome involuntary servitude, we should allow this to 
engender the inspiration necessary to go forward and deal with some of 
the problems that African Americans are confronting today, the problems 
of housing that finds African Americans without homes many times and 
being evicted from homes on too many occasions.
  Let's celebrate the many successes in the area of education, from 
Phillis Wheatley, to many other great educators, Dr. Benjamin Mays, for 
example. And as we celebrate their successes, let this engender within 
us the inspiration to deal with the dropout rates around this country 
that can be in excess of 50 percent in some quarters of the African 
American community.
  Let's celebrate the successes in the civil rights movement that 
enabled us to overcome the indignation and humiliation of segregation. 
But as we celebrate this, let it engender within us the inspiration to 
help the many who are still suffering around the world, who have not 
had their human rights and human dignity respected by their 
governments.
  Let us celebrate the many political accomplishments that we have 
right here in the House of Congress. We have Member Charlie Rangel, who 
happens to chair Ways and Means; Member Bennie Thompson, African 
American, who happens to chair Homeland Security; Member Maxine Waters, 
African American, who happens to chair the Housing Subcommittee of 
Financial Services.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. LYNCH. I yield the gentleman 1 more minute.
  Mr. AL GREEN of Texas. And as we celebrate the accomplishments of 
these great and noble Americans here in the House of Representatives, 
let it provide the inspiration for us to understand that we are here 
not because of our color, not because we are of African ancestry, we 
are here because the people of America expect us to do the great work 
that has to be done.
  So this is a time for celebration that engenders inspiration, and I 
am honored to be inspired to move forward and support this resolution. 
And I beg that all of my colleagues would vote for it.
  Mr. LYNCH. Mr. Speaker, at this time, I am pleased to recognize the 
gentlelady from New York (Mrs. McCarthy) for 2 minutes.
  Mrs. McCARTHY of New York. Mr. Speaker, I rise today in support of H. 
Res. 83, commemorating the annual celebration of Black History Month.
  As our Nation celebrates Black History Month this February, we are 
fortunate to also mark a unique milestone with the election that was 
mentioned before by my colleague of the first African American 
President. How proud we all are that this day has come.
  While it can be said that this extraordinary achievement has brought 
about a new era in our history, it is important that we take time to 
remember all of those who made great sacrifices to help make the dream 
of equality in our Nation a reality.
  Black History Month gives all Americans a chance to mark how far our 
Nation has come, and serves as a useful reminder of the struggle and 
efforts of those Americans who fought for freedom for all citizens in 
our Nation.
  I am blessed that I have many African Americans in my community that 
certainly went through the struggle of the civil rights, and the 
stories they tell and how they come into the schools and continue to 
tell the stories. And I think it's important that our young people know 
the struggles to get to where we have a President, so they can lift up 
their heads and say, ``I can be President of the United States.''
  While Black History Month was originally created in February to mark 
the birthdays of both Abraham Lincoln and Frederick Douglas, both of 
whom had enormous impacts on the lives of African Americans, it was 
developed into an opportunity to celebrate lives and works of the many 
ordinary African Americans who have helped to enrich our society and 
improve our Nation.
  In the case of the civil rights movement, as it is so often the case 
in American history, it was the everyday Americans that had the 
greatest role in making the change that brought equality to our Nation. 
The struggle for equal rights and the civil rights movement are 
defining points in our Nation's history and serve as proof that our 
greatest adversities can come from our greatest achievements.
  I urge my colleagues to vote for H. Res. 83.
  Mr. LYNCH. Mr. Speaker, at this time, it gives me great pleasure to 
recognize the gentleman from Georgia (Mr. Scott) for 3 minutes.
  Mr. SCOTT of Georgia. Mr. Speaker, on February 12, 1909, exactly 100 
years ago this month, a group of 60 persons came together as a result 
of a race riot in Springfield, Illinois, the birthplace of Abraham 
Lincoln; very ironic, the emancipator of this Nation.
  It is very important for us to recognize that these groups of people 
came together, 60 in number, to make amends and to address the racial 
conditions in the United States at the turn of the century and as a 
result of this riot in Springfield, Illinois. But it's also important 
to note that of these 60 individuals, 53 were white people and seven 
were black people, headed up by W.E.B. Du Bois and Ida Wells Bennett, 
strong Americans who rose to the occasion.
  You know, one of the great NAACP writers, Langston Hughes, put it 
best when he was describing the condition of the African American 
people when he wrote that, ``Life for me (African Americans) ain't been 
no crystal stair. It's had tacks in it and splinters, and boards torn 
up, no carpet on the floor, bare. But all the while I've been a 
climbin' on and reaching landings and turnin' corners, and sometimes 
going in the dark where there ain't been no light.'' But in February of 
1909, there came a light, and that light was the NAACP.
  What an extraordinary story. And no greater testimony can be given to 
the NAACP than to recognize that on this very evening, for the first 
time in American history, an African American, the President of the 
United States, will address a joint session of Congress. What an 
extraordinary tribute on the very time that we are here to celebrate 
100 years of the NAACP founding.
  So on this occasion we say, happy birthday, NAACP, and thank you.
  Mr. LYNCH. Mr. Speaker, at this point, I would be honored to 
recognize Representative Donald Payne from New Jersey for 2 minutes.
  Mr. PAYNE. Thank you for allowing me to participate in this very 
important recognition of Black History Month. And let me thank 
Congressman Al Green in particular for bringing H.R. 83, which 
recognizes the significance of Black History Month, to the House floor.
  Over 80 years ago, Dr. Carter G. Woodson and the men of Omega Psi Phi 
created Negro History and Literature Week, which called upon the black 
community to study black history and literature as well as raise 
awareness about our community's contributions to American history. At 
that time, the seed was planted. The movement that grew out of the 
black churches, colleges, schools and community centers

[[Page 5405]]

flowered in the designation by President Jimmy Carter of February as 
Black History Month.
  For over 30 years, the Nation, and particularly the black community, 
has used February as a time to shine a light on the achievements that 
African Americans at every level have made to our community, our 
Nation, and to the world. The contributions that African Americans have 
made to the creation and evolution of our Nation, while sometimes 
glossed over, are so intricately interwoven in the American fabric. To 
know American history, one must know black history; they go hand in 
hand. Far too often black history has been watered down to disconnected 
factoids and pieces of trivia or quick mentions in our schools' history 
books. We, as a Nation, lost sight of the fact that the accomplishments 
of African Americans are not ones of disjointed milestones, but ones 
that have been innumerable, continuous, enduring and diversified.
  Dr. John Hope Franklin once recalled a conversation he had with Dr. 
Woodson where the latter wished for a time----
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. LYNCH. I would like to recognize the gentleman for 1 additional 
minute.
  Mr. PAYNE. Where the history of African Americans would be made an 
integral part of American history.
  Well, let me conclude by saying that, in New Jersey, we have been 
able to have legislation called the Amistad bill, A1301, that 
incorporates the history of African Americans into the history books 
and has a commission--it was a bill that was introduced by Senator Bill 
Payne in 2002--and the history of African Americans is now to be 
interwoven into the regular history of our Nation. And that's where we 
should strive for the day where we will not have a separate African 
American history month, but that the accomplishments of African 
Americans would be interwoven into our history books.
  Mr. JORDAN of Ohio. Mr. Speaker, before urging passage of the 
resolution, let me just say I think it's a testimony of the greatness 
of this country that both the two major political parties today have an 
African American as their leader, with both Michael Steele, and of 
course our President, Barack Obama.
  I urge the passage of this important resolution, and I yield back the 
balance of my time.
  Mr. LYNCH. I thank the gentleman from Ohio.
  Mr. Speaker, again I want to urge my colleagues to join myself, 
Representative Al Green--who is the chief sponsor of this resolution--
Mr. Payne, and others who have spoken here today in supporting and 
recognizing the significance of Black History Month by voting in favor 
of House Resolution 83.
  Ms. WATERS. Mr. Speaker, I rise in strong support of House Resolution 
83, Recognizing the Significance of Black History Month and am proud to 
be an original cosponsor of this measure.
  Some have asked if our country still needs to formally recognize 
Black History Month? My answer is absolutely, yes! Just as students are 
taught about American and World History throughout their school years, 
the contributions of African American to this great nation and to the 
world still need to be taught and re-taught. In fact, the recent and 
historic inauguration of President Barack Obama as our country's first 
African American President of the United States of America underscores 
the continued need to celebrate Black History Month.
  While most Americans now know President Barack Obama's story, too 
many Americans still do not know or understand that he stands on the 
shoulders of many brave African American men and women. In fact, just a 
few years ago, most of my colleagues here in the House had never beard 
of a young leader named Barack Obama. Black History Month gives us a 
wonderful opportunity to share a better understanding of their stories 
of hardship and inspiration with new generations of Americans.
  While many people may have held about Malcom X or Dr. Martin Luther 
King, Jr. or Rosa Parks, far too many young people don't know about 
Shirley Chisholm, the first African American woman to serve in this 
House of Representatives and to run for President of the United States. 
Too many young people still have no idea about the work of Fannie Lou 
Hammer to ensure that African Americans in Mississippi could actually 
exercise the right to vote and not just point to the words printed on 
paper.
  We have come an incredibly long way from the struggles that Dr. 
Carter G. Woodson faced in 1926 to set aside one week in February to 
recognize the contributions of African Americans to this country. It 
seems so fitting that we are now able to devote the entire month of 
February for this important recognition, in the month that we also 
celebrate the lives of Abraham Lincoln and Frederick Douglass. For all 
the problems faced by America during the lifetimes of Lincoln and 
Douglass, including the barbaric but legal institution of slavery, and 
a civil war that almost destroyed the union, by studying the 
contributions of these great leaders, the country made itself better.
  That is why we must continue our celebrations of Black History 
Month--so we can learn more about the contributions of unsung leaders 
as well as those whose name we already know. In recognizing Black 
History Month, we continue the work necessary to make a more perfect 
union. Black History Month is not simply a time for ceremony, it is a 
time to live up to our promise by making equality, freedom and justice 
our national reality.
  Mr. BISHOP of Georgia. Mr. Speaker, once again the month of February 
is upon us and we take a moment to look back. We look back and remember 
the fighters, the marchers, and the dreamers. We look back and remember 
those who marched on when they were told to stand down, and who 
remained seated when they were told to get up. We pay tribute to those 
heroes whose voices are heard across the generations, and to those 
heroes whose defiant silence rings louder than any word can be spoken. 
It is Black History Month. It is a month of solemn remembrance; and a 
month of exuberant hope.
  So let us look back to remember and to honor those who refused to 
allow the status quo to hold this nation back from the fulfillment of 
its promise. Let us honor the ordinary slave, who embraced 
extraordinary courage to flee his oppressors and help maintain our 
union; the airman who fought and died for a country whose promise was 
not yet his, but who refused to stop believing what it could become; 
the preacher's son from Georgia, who dared to march and dared to dream; 
and the funny-named son of a Kenyan man and a Kansas woman who asked a 
nation what it wanted to become. Let us take this opportunity to 
remember these people, and the countless others who struggled by their 
side, honoring them with humility and gratitude.
  Yet, also as we celebrate this month of remembrance, there is a 
principle that must not be forgotten: let us look back in order to 
honor the struggles and celebrate the triumphs of African-Americans 
throughout our history, but let us not forget that those struggles were 
endured and those triumphs attained so that we may look forward. These 
heroes of the past fought for that right. That right to look forward 
towards a future brighter than the past, filled with the opportunities 
that give our nation so much promise. If we wish to continue the 
progress towards our forebears' vision we must never forget this 
crucial principle.
  Furthermore, it is this principle of looking forward which makes this 
Black History Month so different from the rest. This Black History 
Month we see, for the first time, the unequivocal results of more than 
two hundred years of looking forward, of more than two hundred years of 
fighting for the hope of tomorrow, and of struggling for the promise of 
the future. We see this in our new president, who embodies not only 
everything so many before him have struggled for, but everything we 
continue to strive for. As President Obama himself has said, ``What we 
have already achieved gives us hope--the audacity to hope--for what we 
can and must achieve tomorrow.''
  Thus, Mr. Speaker I would like to leave my colleagues and the 
American people with what I believe to be the fundamental purpose of 
Black History Month: to look back, to the heroes and happenings of the 
past, so that we and our children may look forward to a future of 
greater promise, greater justice, and greater opportunity than has ever 
been previously imagined.
  Mr. HONDA. Mr. Speaker, each February we celebrate Black History 
Month. This year, with the inauguration of President Barack Obama, the 
centennial of the National Association for the Advancement of Colored 
People (NAACP), and the bicentennial of Abraham Lincoln's birthday, our 
celebration of the unique contributions of African Americans to our 
communities and our Nation is particularly meaningful. Black History 
Month gives us a chance to reflect on those individuals who have 
changed the course of American history. We remember political leaders, 
such as Frederick Douglass, Rosa Parks, and Martin Luther

[[Page 5406]]

King Jr. who fought valiantly to bring civil rights and social equality 
to African Americans. We honor athletic heroes, such as Jackie Robinson 
and Willie Thrower, gifted artists such as Louis Armstrong and Ray 
Charles, and scientists and inventors such as George Washington Carver 
and Benjamin Banneker, who for decades showed African Americans that 
they could make a mark in the world.
  Race relations in our Nation have come a long way since the days of 
its founding, and even since the 1960's when equal rights were equal on 
paper only in many places. Last month, amid adoring cries and 
astronomical crowds, Americans inaugurated their first African American 
President: President Barack Obama. In years past, we have been able to 
read our children stories of great accomplishments made by African 
Americans. We have been able to encourage our children, showing them by 
example that they can achieve anything they set their hearts to. This 
year, parents and teachers around the country will read to their 
children not only the stories of Douglass, of Parks, and of Booker T. 
Washington, but also the story of an African American boy who grew up 
to become the President of the United States. The story of the Black 
people in America continues to develop with each passing year, and this 
year proved a climactic chapter, full of hope and opportunity for the 
future.
  As the proud founder and chairman of the Congressional Ethiopia and 
Ethiopian American Caucus, one of my goals is to increase awareness 
around the United States of the important contributions that members of 
the Ethiopian American community have made to our society. I am truly 
grateful for the diverse contributions of African Americans to our 
Nation and I encourage everyone to take time to learn more about their 
achievements during Black History Month. I urge my colleagues to 
support H. Res. 83, which recognizes the significance of Black History 
Month, and I thank my friend Representative Al Green for introducing 
the resolution.
  Mr. DINGELL. Mr. Speaker, I rise today as a strong supporter and 
cosponsor of H. Res. 83. 73 years ago, Dr. Carter G. Woodson strove to 
highlight the significant contributions of African-Americans to United 
States of America. Throughout this nation's history, African-Americans 
have played an enormous role in shaping our political, cultural, and 
intellectual identity. I am especially proud to recognize this year's 
Black History Month under the leadership of our first African-American 
President, Barack Obama.
  Last week, as I celebrated becoming the longest-serving member of the 
House of Representatives, I was able to reflect on the highlights of my 
tenure. One of my proudest moments was voting for the 1957 Civil Rights 
Act, a vote that almost cost me my seat. I later had the similar honor 
of voting the 1964 and 1965 Civil Rights Acts. Today, with the passage 
of this resolution, we recognize great civil rights pioneers like 
Harriet Tubman, Rosa Parks, Martin Luther King, Jr., Representative 
John Lewis, and Jesse Jackson.
  Mr. Speaker, I again rise to support this important month for America 
and the many contributions of African-Americans throughout U.S. 
history, and I urge my colleagues to join me in voting ``yes'' on H. 
Res. 83.
  Ms. LEE of California. Mr. Speaker, as an original co-sponsor I 
proudly rise in strong support of H. Res. 83, which recognizes the 
significance of Black History Month. Since 1926, the contributions of 
African Americans have been recognized and celebrated each February. It 
comes as no surprise that this year Black History Month is especially 
significant with the inauguration of Barack Obama as the nation's 44th 
President.
  I thank my colleague and friend from Texas, Congressman Al Green, for 
introducing this very important resolution. The joy we all feel on this 
occasion is tempered by the grief that still lingers over the sudden 
loss last year of our dear friend and colleague, Congresswoman 
Stephanie Tubbs Jones of Ohio.
  For more than 400 years and despite tremendous hardships such as 
slavery, segregation, and legalized injustice, African Americans have 
made significant contributions to the economic, educational, political, 
artistic, literary, religious, scientific, and technological life in 
the United States.
  As Chair of the Congressional Black Caucus, let me say that it is 
altogether fitting and proper that we set aside the month of February 
to remember and honor the achievements and contributions of American 
heroes like George Washington Carver, Dr. Charles Drew, Justice 
Thurgood Marshall, Congresswoman Shirley Chisholm, Jackie Robinson, 
Crispus Attucks, Tiger Woods, Benjamin Banneker, and Guion Bluford, Jr.
  But Mr. Speaker, nothing wilts so fast as laurels that are rested 
upon. Time marches on and history unfolds daily. The greatest 
contributions to the American experience are yet to be made. The 
challenges facing our country are great but not as great as our will to 
overcome them. We have an economy to rebuild, an environment to 
protect, a generation to educate, diseases to cure, and lives to 
reclaim.
  We will succeed. And when the history of this period is written, I 
have no doubt that it will record the tremendous accomplishments made 
by Americans, including African Americans.
  We will rebuild our economy, preserve the environment and protect the 
planet, end the HIV/AIDS epidemic and other scourges; provide a world 
class education to the next generation; and demonstrate to the world 
not only that it is possible but desirable for people of different 
races, creeds, and religions to live and work together in peace and 
harmony.
  As members of the greatest legislative body in the world it remains 
our duty this month and every month of every year to pursue policies 
that promote social and economic justice.
  As an African American woman and legislator who has been benefited 
from the pioneering work of others, I am committed to doing all that I 
can to ensure that the doors of opportunity are opened even wider and 
that all persons in our country have the opportunity to fulfill their 
potential and realize their dreams.
  I urge all Members to joining me in voting to support this 
resolution.
  Mr. LYNCH. 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 Massachusetts (Mr. Lynch) that the House suspend the 
rules and agree to the resolution, H. Res. 83.
  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. LYNCH. 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}  1315
            COLONEL JOHN H. WILSON, JR. POST OFFICE BUILDING

  Mr. LYNCH. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 234) to designate the facility of the United States 
Postal Service located at 2105 East Cook Street in Springfield, 
Illinois, as the ``Colonel John H. Wilson, Jr. Post Office Building''.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                 S. 234

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

     SECTION 1. COLONEL JOHN H. WILSON, JR. POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 2105 East Cook Street in Springfield, 
     Illinois, shall be known and designated as the ``Colonel John 
     H. Wilson, Jr. Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Colonel John H. Wilson, Jr. Post Office 
     Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Lynch) and the gentleman from Ohio (Mr. Jordan) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.


                             General Leave

  Mr. LYNCH. 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 Massachusetts?
  There was no objection.
  Mr. LYNCH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as chairman of the House subcommittee with jurisdiction 
over the United States Postal Service, I am pleased to present for 
consideration Senate bill 234, which will designate the United States 
postal facility located at 2105 East Cook Street in

[[Page 5407]]

Springfield, Illinois, as the ``Colonel John H. Wilson, Jr. Post Office 
Building.''
  Notably, this legislation was introduced by Senator Richard Durbin on 
January 14, 2009, and was passed by the Senate under unanimous consent 
on February 12, 2009. Our own colleague Representative Phil Hare of 
Illinois has introduced House companion bill H.R. 516, and I should 
note that the House measure enjoys the support of the entire Illinois 
congressional delegation and has been reported favorably by the House 
Oversight Committee.
  A lifelong native of Springfield, Illinois, Colonel Wilson proudly 
spent 14 years on active duty in the United States Army, during which 
he served as a first lieutenant under General George S. Patton in World 
War II. As a result of his distinguished wartime service, Colonel 
Wilson subsequently received the Silver Star, a military distinction 
awarded to those members of the United States Armed Forces who have 
demonstrated ``gallantry in action.''
  Colonel Wilson followed his active duty service by spending 17 
additional years in the United States Army Reserve as a member and 
ultimately group commander of Springfield-based 303rd Ordinance 
Ammunition Group. In 1965 upon his promotion to colonel, he became the 
first African American resident of Illinois to obtain this 
distinguished military commissioned officer rank in the Army Reserve, 
which is an honor worthy of being celebrated today during Black History 
Month and throughout the year.
  However, the designation of the East Cook Street postal facility in 
honor of Colonel Wilson is not only fitting in light of Colonel 
Wilson's combined 31 years of military service but also given his 57 
years of dedicated civilian service as an employee of the United States 
Postal Service and a proud member of the American Postal Workers Union.
  Regrettably, Colonel Wilson passed away in August of last year in his 
beloved hometown of Springfield, Illinois. He was 89 years old. Mr. 
Speaker, let us also show our gratitude for the service rendered by 
Colonel John Wilson by passing Senate 234.
  Mr. Speaker, I reserve the balance of my time.
  Mr. JORDAN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in support of this bill to designate the facility of the 
United States Postal Service located at 2105 East Cook Street in 
Springfield, Illinois, as the ``Colonel John H. Wilson, Jr. Post Office 
Building.''
  Born on December 18, 1918, in Springfield, Illinois, Colonel Wilson 
was a true American hero and a pioneer who fought bravely under General 
George Patton in France during World War II. For his bravery during the 
war, he was awarded the Silver Star.
  An outstanding U.S. Postal Service employee in Springfield for 57 
years, Wilson became the first African American Reservist from Illinois 
to achieve the rank of colonel. Wilson retired from the military in 
1973 as group commander of the now-deactivated Springfield-based 303rd 
Ordinance Ammunition Group after serving for 14 years in active duty 
and another 17 years in the Reserves.
  Sadly, on August 3, 2008, Colonel Wilson died in Springfield, 
Illinois, in the same Spring Street home in which he was born 89 years 
before. He leaves behind his wife, Lydia, and their two children.
  This honor is appropriate, and by placing his name on the Springfield 
Post Office where he served for so many years, the memory of his 
service to his country and community will live on.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LYNCH. Mr. Speaker, at this time I would like to yield such time 
as he may consume to the chief sponsor of this resolution, the 
distinguished gentleman from Illinois (Mr. Hare).
  Mr. HARE. Mr. Speaker, I thank my friend Mr. Lynch for yielding.
  I rise today in strong support of S. 234, a bill to name the Cook 
Street Post Office in Springfield, Illinois, after Colonel John H. 
Wilson, Jr.
  I am deeply honored to have been allowed to introduce H.R. 516, the 
companion bill to the legislation before us today with the support of 
the entire Illinois delegation.
  Colonel John H. Wilson answered the call to serve not once but twice 
in his life before he passed last year. During World War II, he joined 
the segregated United States Army and received the Silver Star for 
Gallantry. Mr. Wilson later served in the U.S. Army Reserves, and in 
1965 he was promoted to colonel, the first African American from 
Illinois to achieve this rank.
  Assistant Secretary to the Department of Veterans Affairs, Tammy 
Duckworth, praised Colonel Wilson's distinguished military career 
saying, ``If it wasn't for the brave men and women like Colonel Wilson, 
we would not have the same freedoms we do today. America would just not 
be the same.''
  Following his military retirement in 1973, Colonel Wilson joined the 
United States Postal Service. For 57 years, 6 days a week, through 
rain, sleet, and snow, Colonel Wilson worked at the Cook Street Post 
Office and was an active member of the American Postal Workers Union. 
Ron Smith, President of the Lincoln Land Area Local, remembers Colonel 
Wilson as a dedicated employee. He said to me, ``John always sought to 
bring honor and integrity to the postal service through his words and 
his actions and recognized the ever important role that the postal 
service has played in the everyday lives of everyone.''
  Mr. Speaker, bestowing Colonel Wilson's name to the post office where 
he served his community for so many years is only a small tribute to a 
man who dedicated his entire life to the service of others. As we 
celebrate Black History Month, it is fitting that we honor this great 
American hero and pioneer. I ask my colleagues to support S. 234.
  To his wife of 63 years, Lydia, and their two daughters and two 
grandsons, it is my privilege to share Colonel Wilson's story today. I 
know he made you proud as he has made the people of Illinois proud.
  Thank you to my good friend and Illinois colleague Senator Dick 
Durbin for introducing this legislation. I would also like to thank 
Chairman Towns and Ranking Member Issa for working with me to bring 
this bill to the floor.
  Mr. JORDAN of Ohio. Mr. Speaker, I urge all Members to support the 
passage of S. 234, and I yield back the balance of my time.
  Mr. LYNCH. Mr. Speaker, again I urge my colleagues to join me and 
Representative Hare. It is not every day that we are able to dedicate a 
postal building in memory of a career postal clerk and member of the 
American Postal Workers Union. So for that reason I ask our colleagues 
to join us in supporting Senate 234.
  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 Massachusetts (Mr. Lynch) that the House suspend the 
rules and pass the Senate bill, S. 234.
  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. LYNCH. 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.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 
will resume on questions previously postponed.
  Votes will be taken in the following order:
  approval of the Journal, de novo;
  motions to suspend the rules with regard to:
  H.R. 80, de novo;
  H.R. 637, by the yeas and nays;
  H. Res. 83, by the yeas and nays; and
  S. 234, by the yeas and nays.

[[Page 5408]]

  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the 
unfinished business is the question on agreeing to the Speaker's 
approval of the Journal, which the Chair will put de novo.
  The question is on the Speaker's approval of the Journal.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. JORDAN of Ohio. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 242, 
nays 163, not voting 27, as follows:

                             [Roll No. 75]

                               YEAS--242

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

                               NAYS--163

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

                             NOT VOTING--27

     Bachmann
     Bishop (GA)
     Blunt
     Boehner
     Burgess
     Campbell
     Cao
     Cassidy
     Farr
     Gohmert
     Holden
     Lowey
     McHugh
     Miller, Gary
     Perriello
     Sessions
     Shuster
     Skelton
     Solis (CA)
     Souder
     Stark
     Sullivan
     Sutton
     Teague
     Thompson (PA)
     Wasserman Schultz
     Watson


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). One minute remains in this 
vote.

                              {time}  1350

  Messrs. DUNCAN, GINGREY of Georgia, BROUN of Georgia and Mrs. EMERSON 
changed their vote from ``yea'' to ``nay.''
  Mr. DAVIS of Illinois changed his vote from ``nay'' to ``yea.''
  So the Journal was approved.
  The result of the vote was announced as above recorded.

                          ____________________




                      TRIBUTE TO MICHAEL W. SHEEHY

  (Ms. PELOSI asked and was given permission to address the House for 1 
minute.)
  Ms. PELOSI. Mr. Speaker, I rise to sing the praises of Mike Sheehy, a 
person who has served our country for over 30 years in the military and 
on Capitol Hill. Unfortunately for us, Mike Sheehy is moving on after 
over 30 years of service, and so it is with mixed feelings that I say 
how proud we are of him, but how sad we are to see him leave.
  Mike began in the Congress of the United States as an aide in 1977 to 
Congressman Eddie Boland of Massachusetts. That is a name familiar to 
many of us here in the Chamber. He served as Chairman Boland's 
administrative assistant, and then went on to serve him as Staff 
Director and Chief Counsel at the House Intelligence Committee, and 
that is where many of us became more fully aware of Mike's contribution 
to our country.
  He came to my staff in 2003 when I became House Democratic leader. He 
became the security adviser to that office. That same year he was 
recognized with the prestigious Director's Award, the highest award 
given by the Defense Intelligence Agency.
  Mike is the proud father of three children, Beth, Matt and Tim. His 
children are continuing the family commitment to public service. Beth 
served in the Peace Corps in Kazakhstan and Matt served proudly in our 
Nation's military.
  Of all the people that I have worked with and served with in this 
Congress and beyond, I can say that Mike Sheehy is truly an all-
American patriot. He loves America. He came here after attending 
Marquette University and Georgetown Law School and serving in the Navy. 
Since then he has been serving our country, staffing the Congress of 
the United States.
  Leaving after 33 years, he leaves a foundation of knowledge and 
experience and judgment to those of us who will carry on.
  Thank you, Mike Sheehy, for your leadership and your service to our 
country.
  Mr. HOYER. Will the Speaker yield?

[[Page 5409]]


  Ms. PELOSI. I am pleased to yield to the gentleman.
  Mr. HOYER. I thank the gentlewoman for yielding.
  Mr. Speaker, Members of the House, I have risen before to note how 
well this country is served by those who work for this institution and 
with all of us. They are not elected; they are selected. They are 
selected by those of us who have been given the honor and privilege of 
serving in this body. They are, however, equally important. They don't 
have a vote, but they have extraordinary influence, and their influence 
in many respects is in direct relation to the substance of their advice 
and counsel.
  By that yardstick, I think there is no staff person with whom I have 
worked through the years that surpasses Mike Sheehy in terms of the 
value added to the considerations of the critical issues that confront 
our country.
  In particular, Mr. Sheehy has been involved in some of the 
information most vital to protecting our people and our Nation. He has 
done so with great intellect, with great integrity, with great insight, 
with great thoughtfulness.
  Mike, America does not know the name Mike Sheehy, doesn't see you on 
C-SPAN, but they have been extraordinarily well-served by you. Well, 
they may have seen him from time to time perhaps on C-SPAN. But they 
have been extraordinarily well-served by you. Your country has been 
well-served by you in the Navy and in this institution, and each and 
every one of us have been well-served by you. But in particular I know, 
as I said as we were walking to the Chamber, the Speaker of our House 
will uniquely miss your quiet presence, your extraordinarily good 
advice and counsel, and your steady hand.
  Mr. Speaker, I express my gratitude to Michael Sheehy, a true public 
servant of the finest caliber--who leaves us at the end of the week.
  Mike has spent 30 years on Capitol Hill, following five years in the 
Navy. That makes a grand total of 35 years in public service to the 
people of this great Nation.
  I have known Mike personally for several years. He is a studied and 
cautious professional, with extremely sound judgment and an almost 
unparalleled depth of policy knowledge on national security issues.
  Most recently, I had the pleasure of working with Mike on renewing 
the Foreign Intelligence Surveillance Act. Mike proved critical to the 
arduous negotiations, and went above the call of duty--spending several 
late nights with me, in my office, poring over bill text.
  He has been an asset and a loyal friend to me and my staff, certainly 
to Speaker Pelosi, and to the Members he served before her. He is 
irreplaceable and will be missed tremendously, although we wish him 
well in all that lies ahead.
  Godspeed. Good luck. Well done.
  Ms. PELOSI. I am pleased to yield to the gentleman from Texas.
  Mr. REYES. I thank the gentlelady for yielding.
  Mr. Speaker, I rise today to pay tribute as well to our Speaker's 
national security adviser and former staff director to the House 
Permanent Select Committee on Intelligence, Mr. Michael Sheehy.
  As chairman of the Permanent Select Committee on Intelligence, I have 
had the immense honor of working closely with Mike on significant 
intelligence issues of our day. Whether the subject matter is foreign 
intelligence surveillance laws, satellite technology or human 
intelligence operations, he is virtually a walking encyclopedia of 
knowledge.
  Mike's national security expertise is the result of many years of 
public service, first during his time in the U.S. Navy JAG Corps, and 
then in the 10 years he spent as an aide to the late Representative 
Edward Boland.
  As some of you may remember, Mr. Boland was the first chairman of the 
House Intelligence Committee and he earned great distinction as the 
father of the Boland Amendment, which prohibited funding of U.S. 
involvement in the Nicaraguan Contras uprising. Acting as an associate 
staff member for the House Iran-Contra Investigating Committee, Mike 
had a front-row seat to the history that evolved during his service to 
Representative Boland.
  Mike joined the Intelligence Committee as chief counsel in 1990 under 
the leadership of then-chairman Anthony Beilenson. In 2003, he received 
the Defense Intelligence Agency's Director's Award, the highest award 
given by that agency. It was at that time that he left the committee 
when then-minority leader, our Speaker today, hired him as her senior 
policy adviser. To me, it seems she knew a good thing when she saw it. 
We missed him on the committee, but we were glad he was there advising 
our Speaker.
  In the time that I have had the privilege to serve as a member and 
now as chairman of the Intelligence Committee, I have grown to rely on 
him and discovered that Mike's depth and breadth of intelligence 
knowledge are only surpassed in my opinion by his exacting eye for 
detail, his capacity to focus on the bigger picture and his ability to 
find middle ground when there doesn't seem to be any.
  While he is often quiet, Mike is always processing, turning the 
information over and over in his head, and offering a measured, 
thoughtful response to whatever the situation may be.
  Just as he has ably served the Speaker, he has become a trusted 
adviser for me as chairman and for our Intelligence Committee as well.

                              {time}  1400

  So, today, to Mike, I say thank you for your service to your Nation 
and thank you for your capable counsel on all matters of intelligence. 
I wish you success as you retire with over 35 years of public service, 
and I hope that you find much happiness in all of your endeavors. God 
bless you, Mike.
  Ms. PELOSI. Thank you very much, Mr. Chairman.
  Mr. Speaker, in conclusion I want to say that in addition to all the 
wonderful things that are said about Mike, simply put, without his 
leadership and knowledge staffing us on the Intelligence Committee at a 
crucial time in our country's history, we would not have had a 9/11 
Commission. I know that Mr. Roemer, who authored that legislation in 
the House, would subscribe to that characterization as well. So whether 
it's force protection, 9/11 Commission, ongoing safety of the American 
people, the list goes on and on, Mike Sheehy has been there to protect 
the American people, which is our first responsibility.
  Thank you, and God speed, Mike Sheehy. Thank you very much.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

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

                          ____________________




                       CAPTIVE PRIMATE SAFETY ACT

  The SPEAKER pro tempore. The unfinished business is the question on 
suspending the rules and passing the bill, H.R. 80.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 80.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.


                             Recorded Vote

  Mr. BLUMENAUER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 323, 
noes 95, not voting 14, as follows:

                             [Roll No. 76]

                               AYES--323

     Abercrombie
     Ackerman
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Buchanan

[[Page 5410]]


     Butterfield
     Buyer
     Calvert
     Camp
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Fleming
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nunes
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Peters
     Petri
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stearns
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NOES--95

     Aderholt
     Akin
     Barrett (SC)
     Barton (TX)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Brady (TX)
     Broun (GA)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Cantor
     Carter
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dreier
     Duncan
     Fallin
     Flake
     Forbes
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jordan (OH)
     King (IA)
     Kingston
     Kline (MN)
     Lamborn
     Latta
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul
     McClintock
     McHenry
     Miller (FL)
     Moran (KS)
     Myrick
     Neugebauer
     Olson
     Paul
     Pence
     Peterson
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rohrabacher
     Roskam
     Ryan (WI)
     Scalise
     Sessions
     Shadegg
     Smith (NE)
     Sullivan
     Terry
     Thornberry
     Walden
     Walz
     Wamp
     Westmoreland
     Wilson (SC)
     Young (AK)

                             NOT VOTING--14

     Bachmann
     Campbell
     Cao
     Cassidy
     Cohen
     Miller, Gary
     Perriello
     Smith (TX)
     Solis (CA)
     Souder
     Stark
     Thompson (PA)
     Tiahrt
     Watson


                Announcement by the Speaker Pro Tempore

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

                              {time}  1409

  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.
  Stated against:
  Mr. TIAHRT. Mr. Speaker, on rollcall No. 76, I was unavoidably 
delayed. Had I been present, I would have voted ``no.''

                          ____________________




           SOUTH ORANGE COUNTY RECYCLED WATER ENHANCEMENT ACT

  The SPEAKER pro tempore (Mr. Blumenauer). The unfinished business is 
the vote on the motion to suspend the rules and pass the bill, H.R. 
637, 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 Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 637.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 402, 
nays 16, not voting 14, as follows:

                             [Roll No. 77]

                               YEAS--402

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     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 (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     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
     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
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Peters
     Peterson
     Petri

[[Page 5411]]


     Pingree (ME)
     Pitts
     Platts
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     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
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--16

     Broun (GA)
     Coble
     Duncan
     Ehlers
     Flake
     Franks (AZ)
     Garrett (NJ)
     Hensarling
     Jordan (OH)
     Lummis
     McClintock
     Neugebauer
     Paul
     Poe (TX)
     Shadegg
     Stearns

                             NOT VOTING--14

     Bachmann
     Campbell
     Cao
     Cassidy
     Hirono
     Kirk
     LaTourette
     Miller, Gary
     Perriello
     Solis (CA)
     Souder
     Stark
     Thompson (PA)
     Watson


                Announcement by the Speaker Pro Tempore

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

                              {time}  1417

  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.
  Stated for:
  Ms. HIRONO. Mr. Speaker, on rollcall No. 77, had I been present, I 
would have voted ``yea.''

                          ____________________




          RECOGNIZING THE SIGNIFICANCE OF BLACK HISTORY MONTH

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 83, 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 Massachusetts (Mr. Lynch) that the House suspend the 
rules and agree to the resolution, H. Res. 83.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 420, 
nays 0, not voting 12, as follows:

                             [Roll No. 78]

                               YEAS--420

     Abercrombie
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     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.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     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, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     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
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     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
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     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
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--12

     Ackerman
     Bachmann
     Campbell
     Cao
     Cassidy
     McCaul
     Miller, Gary
     Perriello
     Solis (CA)
     Souder
     Stark
     Watson


                Announcement by the Speaker Pro Tempore

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

                              {time}  1424

  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.

                          ____________________




            COLONEL JOHN H. WILSON, JR. POST OFFICE BUILDING

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the Senate bill, S. 234, on which 
the yeas and nays were ordered.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts

[[Page 5412]]

(Mr. Lynch) that the House suspend the rules and pass the Senate bill, 
S. 234.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 417, 
nays 0, not voting 15, as follows:

                             [Roll No. 79]

                               YEAS--417

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     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
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     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, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     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
     Peters
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     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
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     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
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--15

     Bachmann
     Campbell
     Cao
     Cassidy
     Garrett (NJ)
     McCaul
     McMorris Rodgers
     Miller, Gary
     Perriello
     Peterson
     Sessions
     Solis (CA)
     Souder
     Stark
     Watson


                Announcement by the Speaker Pro Tempore

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

                              {time}  1431

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

                          ____________________




                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 I, the 
Chair declares the House in recess subject to the call of the Chair.
  Accordingly (at 2 o'clock and 33 minutes p.m.), the House stood in 
recess subject to the call of the Chair.

                          ____________________




                              {time}  1645
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Polis of Colorado) at 4 o'clock and 45 minutes 
p.m.

                          ____________________




REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 1105, OMNIBUS 
                        APPROPRIATIONS ACT, 2009

  Mr. McGOVERN, from the Committee on Rules, submitted a privileged 
report (Rept. No. 111-20) on the resolution (H. Res. 184) providing for 
consideration of the bill (H.R. 1105) making omnibus appropriations for 
the fiscal year ending September 30, 2009, and for other purposes, 
which was referred to the House Calendar and ordered to be printed.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until approximately 8:35 p.m. for 
the purpose of receiving in joint session the President of the United 
States.
  Accordingly (at 4 o'clock and 46 minutes p.m.), the House stood in 
recess until approximately 8:35 p.m.

                          ____________________




                              {time}  2040
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker at 8 o'clock and 40 minutes p.m.

[[Page 5413]]



                          ____________________




JOINT SESSION OF CONGRESS PURSUANT TO HOUSE CONCURRENT RESOLUTION 41 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 gentlewoman from Illinois (Ms. Schakowsky);
  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 gentlewoman from Washington (Mrs. McMorris Rogers);
  The gentleman from Texas (Mr. Carter);
  The gentleman from Texas (Mr. Sessions); and
  The gentleman from California (Mr. McCarthy).
  The VICE PRESIDENT. The President of the Senate, at the direction of 
that body, appoints the following Senators as members of the 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 Vermont (Mr. Leahy);
  The Senator from Kentucky (Mr. McConnell);
  The Senator from Arizona (Mr. Kyl);
  The Senator from Tennessee (Mr. Alexander);
  The Senator from South Dakota (Mr. Thune);
  The Senator from Nevada (Mr. Ensign); and
  The Senator from Texas (Mr. Cornyn).
  The SPEAKER. I would like to acknowledge the presence and express 
appreciation to the captain of Flight 1549, Captain ``Sully'' 
Sullenberger.
  The Majority Floor Services Chief announced the Dean of the 
Diplomatic Corps, His Excellency Roble Olhaye, Ambassador from the 
Republic of Djibouti.
  The 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 Chief Justice of the 
United States and the Associate Justices of the Supreme Court.
  The Chief Justice of the United States and the Associate Justices of 
the Supreme Court entered the Hall of the House of Representatives and 
took the seats reserved for them in front of the Speaker's rostrum.
  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 9 o'clock and 7 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, Mr. Vice President, Members of 
Congress, the First Lady of the United States:
  I have come here tonight not only to address the distinguished men 
and women in this great Chamber, but to speak frankly and directly to 
the men and women who sent us here.
  I know that for many Americans watching right now, the state of our 
economy is a concern that rises above all others. And rightly so. If 
you haven't been personally affected by this recession, you probably 
know someone who has--a friend; a neighbor; a member of your family. 
You don't need to hear another list of statistics to know that our 
economy is in crisis, because you live it every day. It's the worry you 
wake up with and the source of sleepless nights. It's the job you 
thought you'd retire from but now have lost; the business you built 
your dreams upon that's now hanging by a thread; the college acceptance 
letter your child had to put back in the envelope. The impact of this 
recession is real, and it is everywhere.
  But while our economy may be weakened and our confidence shaken, 
though we are living through difficult and uncertain times, tonight I 
want every American to know this:
  We will rebuild, we will recover, and the United States of America 
will emerge stronger than before.
  The weight of this crisis will not determine the destiny of this 
nation. The answers to our problems don't lie beyond our reach. They 
exist in our laboratories and our universities, in our fields and our 
factories; in the imaginations of our entrepreneurs and the pride of 
the hardest working people on Earth. Those qualities that have made 
America the greatest force of progress and prosperity in human history 
we still possess in ample measure. What is required now is for this 
country to pull together, confront boldly the challenges we face, and 
take responsibility for our future once more.
  Now, if we're honest with ourselves, we'll admit that for too long, 
we have not always met these responsibilities--as a government or as a 
people. I say this not to lay blame or to look backwards, but because 
it is only by understanding how we arrived at this moment that we'll be 
able to lift ourselves out of this predicament.
  The fact is, our economy did not fall into decline overnight. Nor did 
all of our problems begin when the housing market collapsed or the 
stock market sank. We have known for decades that our survival depends 
on finding new sources of energy. Yet we import more oil today than 
ever before. The cost of health care eats up more and more of our 
savings each year, yet we keep delaying reform. Our children will 
compete for jobs in a global economy that too many of our schools do 
not prepare them for. And though all of these challenges went unsolved, 
we still managed to spend more money and pile up more debt, both as 
individuals and through our government, than ever before.
  In other words, we have lived through an era where too often, short-
term gains were prized over long-term prosperity; where we failed to 
look beyond the next payment, the next quarter, or the next election. A 
surplus became an excuse to transfer wealth to the wealthy instead of 
an opportunity to invest in our future. Regulations were gutted for the 
sake of a quick profit at the expense of a healthy market. People 
bought homes they knew they couldn't afford from banks and lenders who 
pushed those bad loans

[[Page 5414]]

anyway. And all the while, critical debates and difficult decisions 
were put off for some other time on some other day.
  Well, that day of reckoning has arrived, and the time to take charge 
of our future is here.
  Now is the time to act boldly and wisely--to not only revive this 
economy, but to build a new foundation for lasting prosperity. Now is 
the time to jump-start job creation, restart lending, and invest in 
areas like energy, health care and education that will grow our 
economy, even as we make hard choices to bring our deficit down. That 
is what my economic agenda is designed to do, and that is what I'd like 
to talk to you about tonight.
  It's an agenda that begins with jobs.
  As soon as I took office, I asked this Congress to send me a recovery 
plan by President's Day that would put people back to work and put 
money in their pockets. Not because I believe in bigger government--I 
don't. Not because I'm not mindful of the massive debt we've 
inherited--I am. I called for action because the failure to do so would 
have cost more jobs and caused more hardship. In fact, a failure to act 
would have worsened our long-term deficit by assuring weak economic 
growth for years. That's why I pushed for quick action. And tonight, I 
am grateful that this Congress delivered, and pleased to say that the 
American Recovery and Reinvestment Act is now law.
  Over the next 2 years, this plan will save or create 3.5 million 
jobs. More than 90 percent of these jobs will be in the private 
sector--jobs rebuilding our roads and bridges; constructing wind 
turbines and solar panels; laying broadband and expanding mass transit.
  Because of this plan, there are now teachers who can now keep their 
jobs and educate our kids. Health care professionals can continue 
caring for our sick. There are 57 police officers who are still on the 
streets of Minneapolis tonight because this plan prevented the layoffs 
their department was about to make.
  Because of this plan, 95 percent of the working households in America 
will receive a tax cut--a tax cut that you will see in your paychecks 
beginning on April 1st.
  Because of this plan, families who are struggling to pay tuition 
costs will receive a $2,500 tax credit for all 4 years of college. And 
Americans who have lost their jobs in this recession will be able to 
receive extended unemployment benefits and continued health care 
coverage to help them weather this storm.
  I know there are some in this Chamber and watching at home who are 
skeptical of whether this plan will work. I understand that skepticism. 
Here in Washington, we've all seen how quickly good intentions can turn 
into broken promises and wasteful spending. And with a plan of this 
scale comes enormous responsibility to get it right.
  That is why I've asked Vice President Biden to lead a tough, 
unprecedented oversight effort--because nobody messes with Joe. I have 
told each member of my Cabinet as well as mayors and governors across 
the country that they will be held accountable by me and the American 
people for every dollar they spend. I've appointed a proven and 
aggressive Inspector General to ferret out any and all cases of waste 
and fraud. And we have created a new Web site called recovery.gov so 
that every American can find out how and where their money is being 
spent.
  So the recovery plan we passed is the first step in getting our 
economy back on track. But it is just the first step. Because even if 
we manage this plan flawlessly, there will be no real recovery unless 
we clean up the credit crisis that has severely weakened our financial 
system.
  I want to speak plainly and candidly about this issue tonight, 
because every American should know that it directly affects you and 
your family's well-being. You should also know that the money you've 
deposited in banks across the country is safe; your insurance is 
secure; and you can rely on the continued operation of our financial 
system. That's not the source of concern.
  The concern is that if we do not restart lending in this country, our 
recovery will be choked off before it even begins.
  You see, the flow of credit is the lifeblood of our economy. The 
ability to get a loan is how you finance the purchase of everything 
from a home to a car to a college education; how stores stock their 
shelves, farms buy equipment, and businesses make payroll.
  But credit has stopped flowing the way it should. Too many bad loans 
from the housing crisis have made their way onto the books of too many 
banks. And with so much debt and so little confidence, these banks are 
now fearful of lending out any more money to households, to businesses, 
or even to each other. When there is no lending, families can't afford 
to buy homes or cars. So businesses are forced to make layoffs. Our 
economy suffers even more, and credit dries up even further.
  That is why this administration is moving swiftly and aggressively to 
break this destructive cycle, to restore confidence, and restart 
lending.
  We will do so in several ways. First, we are creating a new lending 
fund that represents the largest effort ever to help provide auto 
loans, college loans, and small business loans to the consumers and 
entrepreneurs who keep this economy running.
  Second, we have launched a housing plan that will help responsible 
families facing the threat of foreclosure lower their monthly payments 
and refinance their mortgages. It's a plan that won't help speculators 
or that neighbor down the street who bought a house he could never hope 
to afford, but it will help millions of Americans who are struggling 
with declining home values--Americans who will now be able to take 
advantage of the lower interest rates that this plan has already helped 
to bring about. In fact, the average family who refinances today can 
save nearly $2,000 per year on their mortgage.
  Third, we will act with the full force of the Federal Government to 
ensure that the major banks that Americans depend on have enough 
confidence and enough money to lend even in more difficult times. And 
when we learn that a major bank has serious problems, we will hold 
accountable those responsible, force the necessary adjustments, provide 
the support to clean up their balance sheets, and assure the continuity 
of a strong, viable institution that can serve our people and our 
economy.
  I understand that on any given day, Wall Street may be more comforted 
by an approach that gives banks bailouts with no strings attached, and 
that holds nobody accountable for their reckless decisions. But such an 
approach won't solve the problem. And our goal is to quicken the day 
when we restart lending to the American people and American business 
and end this crisis once and for all.
  I intend to hold these banks fully accountable for the assistance 
they receive, and this time, they will have to clearly demonstrate how 
taxpayer dollars result in more lending for the American taxpayer. This 
time, CEOs won't be able to use taxpayer money to pad their paychecks 
or buy fancy drapes or disappear on a private jet. Those days are over.
  Still, this plan will require significant resources from the Federal 
Government--and, yes, probably more than we've already set aside. But 
while the cost of action will be great, I can assure you that the cost 
of inaction will be far greater, for it could result in an economy that 
sputters along for not months or years, but perhaps a decade. That 
would be worse for our deficit, worse for business, worse for you, and 
worse for the next generation. And I refuse to let that happen.
  I understand that when the last administration asked this Congress to 
provide assistance for struggling banks, Democrats and Republicans 
alike were infuriated by the mismanagement and results that followed. 
So were the American taxpayers. So was I.
  So I know how unpopular it is to be seen as helping banks right now, 
especially when everyone is suffering in part from their bad decisions. 
I promise you--I get it.

[[Page 5415]]

  But I also know that in time of crisis, we cannot afford to govern 
out of anger, or yield to the politics of the moment. My job--our job--
is to solve the problem. Our job is to govern with a sense of 
responsibility. I will not spend a single penny for the purpose of 
rewarding a single Wall Street executive, but I will do whatever it 
takes to help the small business that can't pay its workers or the 
family that has saved and still can't get a mortgage.
  That's what this is about. It's not about helping banks--it's about 
helping people. Because when credit is available again, that young 
family can finally buy a new home. And then some company will hire 
workers to build it. And then those workers will have money to spend, 
and if they can get a loan, too, maybe they'll finally buy that car, or 
open their own business. Investors will return to the market, and 
American families will see their retirement secured once more. Slowly, 
but surely, confidence will return, and our economy will recover.
  So I ask this Congress to join me in doing whatever proves necessary. 
Because we cannot consign our nation to an open-ended recession. And to 
ensure that a crisis of this magnitude never happens again, I ask 
Congress to move quickly on legislation that will finally reform our 
outdated regulatory system. It is time to put in place tough, new 
commonsense rules of the road so that our financial market rewards 
drive and innovation, and punishes shortcuts and abuse.
  The recovery plan and the financial stability plan are the immediate 
steps we're taking to revive our economy in the short term. But the 
only way to fully restore America's economic strength is to make the 
long-term investments that will lead to new jobs, new industries, and a 
renewed ability to compete with the rest of the world. The only way 
this century will be another American century is if we confront at last 
the price of our dependence on oil and the high cost of health care; 
the schools that aren't preparing our children and the mountain of debt 
they stand to inherit. That is our responsibility.
  In the next few days, I will submit a budget to Congress. So often, 
we've come to view these documents as simply numbers on a page, or a 
laundry list of programs. I see this document differently. I see it as 
a vision for America--as a blueprint for our future.
  My budget does not attempt to solve every problem or address every 
issue. It reflects the stark reality of what we've inherited--a 
trillion-dollar deficit, a financial crisis, and a costly recession.
  Given these realities, everyone in this Chamber--Democrats and 
Republicans--will have to sacrifice some worthy priorities for which 
there are no dollars. And that includes me.
  But that does not mean we can afford to ignore our long-term 
challenges. I reject the view that says our problems will simply take 
care of themselves; that says government has no role in laying the 
foundation for our common prosperity.
  For history tells a different story. History reminds us that at every 
moment of economic upheaval and transformation, this nation has 
responded with bold action and big ideas. In the midst of civil war, we 
laid railroad tracks from one coast to another that spurred commerce 
and industry. From the turmoil of the Industrial Revolution came a 
system of public high schools that prepared our citizens for a new age. 
In the wake of war and depression, the GI Bill sent a generation to 
college and created the largest middle class in history. And a twilight 
struggle for freedom led to a nation of highways, an American on the 
Moon, and an explosion of technology that still shapes our world.
  In each case, government didn't supplant private enterprise; it 
catalyzed private enterprise. It created the conditions for thousands 
of entrepreneurs and new businesses to adapt and to thrive.
  We are a nation that has seen promise amid peril, and claimed 
opportunity from ordeal. Now we must be that nation again. That is why, 
even as it cuts back on the programs we don't need, the budget I submit 
will invest in the three areas that are absolutely critical to our 
economic future: energy, health care, and education.
  It begins with energy. We know the country that harnesses the power 
of clean, renewable energy will lead the 21st century. And yet it is 
China that has launched the largest effort in history to make their 
economy energy efficient. We invented solar technology, but we've 
fallen behind countries like Germany and Japan in producing it. New 
plug-in hybrids roll off our assembly lines, but they will run on 
batteries made in Korea.
  Well, I do not accept a future where the jobs and industries of 
tomorrow take root beyond our borders--and I know you don't either. It 
is time for America to lead again.
  Thanks to our recovery plan, we will double this nation's supply of 
renewable energy in the next 3 years. We've also made the largest 
investment in basic research funding in American history--an investment 
that will spur not only new discoveries in energy, but breakthroughs in 
medicine, science, and technology.
  We will soon lay down thousands of miles of power lines that can 
carry new energy to cities and towns across this country. And we will 
put Americans to work, making our homes and buildings more efficient so 
that we can save billions of dollars on our energy bills.
  But to truly transform our economy, to protect our security, and save 
our planet from the ravages of climate change, we need to ultimately 
make clean, renewable energy the profitable kind of energy. So I ask 
this Congress to send me legislation that places a market-based cap on 
carbon pollution and drives the production of more renewable energy in 
America. That's what we need. And to support that innovation, we will 
invest $15 billion a year to develop technologies like wind power and 
solar power; advanced biofuels, clean coal, and more fuel-efficient 
cars and trucks built right here in America.
  Speaking of our auto industry, everyone recognizes that years of bad 
decision-making and a global recession have pushed our automakers to 
the brink. We should not, and will not, protect them from their own bad 
practices. But we are committed to the goal of a retooled, re-imagined 
auto industry that can compete and win. Millions of jobs depend on it. 
Scores of communities depend on it. And I believe the nation that 
invented the automobile cannot walk away from it.
  None of this will come without cost, nor will it be easy. But this is 
America. We don't do what's easy. We do what's necessary to move this 
country forward.
  And for that same reason, we must also address the crushing cost of 
health care.
  This is a cost that now causes a bankruptcy in America every 30 
seconds. By the end of the year, it could cause 1.5 million Americans 
to lose their homes. In the last 8 years, premiums have grown four 
times faster than wages. And in each of these years, 1 million more 
Americans have lost their health insurance. It is one of the major 
reasons why small businesses close their doors and corporations ship 
jobs overseas. And it is one of the largest and fastest growing parts 
of our budget.
  Given these facts, we can no longer afford to put health care reform 
on hold. We can't afford to do it. It's time.
  Already, we've done more to advance the cause of health care reform 
in the last 30 days than we've done in the last decade. When it was 
days old, this Congress passed a law to provide and protect health 
insurance for 11 million American children whose parents work full 
time. Our recovery plan will invest in electronic health records and 
new technology that will reduce errors, bring down costs, ensure 
privacy, and save lives. It will launch a new effort to conquer a 
disease that has touched the life of nearly every American, including 
me, by seeking a cure for cancer in our time. And it makes the largest 
investment ever in preventive care, because that's one of the best ways 
to keep our people healthy and our costs under control.
  This budget builds on these reforms. It includes an historic 
commitment to

[[Page 5416]]

comprehensive health care reform--a down payment on the principle that 
we must have quality, affordable health care for every American. It's a 
commitment that's paid for in part by efficiencies in our system that 
are long overdue. And it's a step we must take if we hope to bring down 
our deficit in the years to come.
  Now, there will be many different opinions and ideas about how to 
achieve reform, and that's why I'm bringing together businesses and 
workers, doctors and health care providers, Democrats and Republicans, 
to begin work on this issue next week.
  I suffer no illusions that this will be an easy process. Once again, 
it will be hard. But I also know that nearly a century after Teddy 
Roosevelt first called for reform, the cost of our health care has 
weighed down our economy and the conscience of our nation long enough. 
So let there be no doubt: health care reform cannot wait, it must not 
wait, and it will not wait another year.
  The third challenge we must address is the urgent need to expand the 
promise of education in America.
  In a global economy where the most valuable skill you can sell is 
your knowledge, a good education is no longer just a pathway to 
opportunity--it is a prerequisite.
  Right now, three-quarters of the fastest growing occupations require 
more than a high school diploma. And yet just over half of our citizens 
have that level of education. We have one of the highest high school 
dropout rates of any industrialized nation. And half of the students 
who begin college never finish.
  This is a prescription for economic decline, because we know the 
countries that out-teach us today will out-compete us tomorrow. That is 
why it will be the goal of this administration to ensure that every 
child has access to a complete and competitive education--from the day 
they are born to the day they begin a career. That is a promise we have 
to make to the children of America.
  Already, we've made an historic investment in education through the 
economic recovery plan. We have dramatically expanded early childhood 
education and will continue to improve its quality, because we know 
that the most formative learning comes in those first years of life. 
We've made college affordable for nearly 7 million more students--7 
million. And we have provided the resources necessary to prevent 
painful cuts and teacher layoffs that would set back our children's 
progress.
  But we know that our schools don't just need more resources. They 
need more reform. That is why this budget creates new incentives for 
teacher performance; pathways for advancement, and rewards for success. 
We'll invest in innovative programs that are already helping schools 
meet high standards and close achievement gaps. And we will expand our 
commitment to charter schools.
  It is our responsibility as lawmakers and as educators to make this 
system work. But it is the responsibility of every citizen to 
participate in it. And so tonight, I ask every American to commit to at 
least one year or more of higher education or career training. This can 
be community college or a 4-year school; vocational training or an 
apprenticeship. But whatever the training may be, every American will 
need to get more than a high school diploma. And dropping out of high 
school is no longer an option. It's not just quitting on yourself, it's 
quitting on your country--and this country needs and values the talents 
of every American. That is why we will provide the support necessary 
for all young Americans to complete college and meet a new goal: by 
2020, America will once again have the highest proportion of college 
graduates in the world. That is a goal we can meet.
  I know that the price of tuition is higher than ever, which is why if 
you are willing to volunteer in your neighborhood or give back to your 
community or serve your country, we will make sure that you can afford 
a higher education. And to encourage a renewed spirit of national 
service for this and future generations, I ask Congress to send me the 
bipartisan legislation that bears the name of Senator Orrin Hatch as 
well as an American who has never stopped asking what he can do for his 
country--Senator Edward Kennedy.
  These education policies will open the doors of opportunity for our 
children. But it is up to us to ensure they walk through them. In the 
end, there is no program or policy that can substitute for a parent, 
for a mother or father who will attend those parent-teacher 
conferences, or help with homework, or turn off the TV, put away the 
video games, and read to their child. I speak to you not just as a 
President but as a father when I say that responsibility for our 
children's education must begin at home. That is not a Democratic issue 
or a Republican issue. That's an American issue.
  There is, of course, another responsibility we have to our children. 
And that's the responsibility to ensure that we do not pass on to them 
a debt they cannot pay. That is critical. With the deficit we 
inherited, the cost of the crisis we face, and the long-term challenges 
we must meet, it has never been more important to ensure that as our 
economy recovers, we do what it takes to bring this deficit down. That 
is critical.
  I'm proud that we passed a recovery plan free of earmarks, and I want 
to pass a budget next year that ensures that each dollar we spend 
reflects only our most important national priorities.
  Yesterday, I held a fiscal summit where I pledged to cut the deficit 
in half by the end of my first term in office. My administration has 
also begun to go line by line through the Federal budget in order to 
eliminate wasteful and ineffective programs. As you can imagine, this 
is a process that will take some time. But we have already identified 
$2 trillion in savings over the next decade.
  In this budget, we will end education programs that don't work and 
end direct payments to large agribusinesses that don't need them. We'll 
eliminate the no-bid contracts that have wasted billions in Iraq, and 
reform our defense budget so that we're not paying for Cold War-era 
weapons systems we don't use. We will root out the waste, fraud, and 
abuse in our Medicare program that doesn't make our seniors any 
healthier, and we will restore a sense of fairness and balance to our 
Tax Code by finally ending the tax breaks for corporations that ship 
our jobs overseas.
  In order to save our children from a future of debt, we will also end 
the tax breaks for the wealthiest 2 percent of Americans. Let me be 
absolutely clear, because I know you'll end up hearing some of the same 
old claims that rolling back these tax breaks means a massive tax 
increase on the American people: if your family earns less than 
$250,000 a year, a quarter of a million dollars a year, you will not 
see your taxes increased a single dime. I repeat: not one single dime. 
In fact, the recovery plan provides a tax cut--that's right, a tax 
cut--for 95 percent of working families. And, by the way, these checks 
are on the way.
  To preserve our long-term fiscal health, we must also address the 
growing costs in Medicare and Social Security. Comprehensive health 
care reform is the best way to strengthen Medicare for years to come. 
And we must also begin a conversation on how to do the same for Social 
Security, while creating tax-free universal savings accounts for all 
Americans.
  Finally, because we're also suffering from a deficit of trust, I am 
committed to restoring a sense of honesty and accountability to our 
budget. That is why this budget looks ahead 10 years and accounts for 
spending that was left out under the old rules--and for the first time 
that includes the full cost of fighting in Iraq and Afghanistan. For 7 
years, we've been a nation at war. No longer will we hide its price.
  Along with our outstanding national security team, I am now carefully 
reviewing our policies in both wars, and I will soon announce a way 
forward in Iraq that leaves Iraq to its people and responsibly ends 
this war.
  And with our friends and allies, we will forge a new and 
comprehensive

[[Page 5417]]

 strategy for Afghanistan and Pakistan to defeat al Qaeda and combat 
extremism. Because I will not allow terrorists to plot against the 
American people from safe havens halfway around the world. We will not 
allow it.
  As we meet here tonight, our men and women in uniform stand watch 
abroad and more are readying to deploy. To each and every one of them, 
and to the families who bear the quiet burden of their absence, 
Americans are united in sending one message: we honor your service, we 
are inspired by your sacrifice, and you have our unyielding support. To 
relieve the strain on our forces, my budget increases the number of our 
soldiers and marines. And to keep our sacred trust with those who 
serve, we will raise their pay, and give our veterans the expanded 
health care and benefits that they have earned.
  To overcome extremism, we must also be vigilant in upholding the 
values our troops defend--because there is no force in the world more 
powerful than the example of America. And that is why I have ordered 
the closing of the detention center at Guantanamo Bay, and will seek 
swift and certain justice for captured terrorists--because living our 
values doesn't make us weaker, it makes us safer and it makes us 
stronger. And that is why I can stand here tonight and say without 
exception or equivocation that the United States of America does not 
torture. We can make that commitment here tonight.
  In words and deeds, we are showing the world that a new era of 
engagement has begun. For we know that America cannot meet the threats 
of this century alone, but the world cannot meet them without America. 
We cannot shun the negotiating table, nor ignore the foes or forces 
that could do us harm. We are instead called to move forward with the 
sense of confidence and candor that serious times demand.
  To seek progress toward a secure and lasting peace between Israel and 
her neighbors, we have appointed an envoy to sustain our effort. To 
meet the challenges of the 21st century--from terrorism to nuclear 
proliferation; from pandemic disease to cyber threats to crushing 
poverty--we will strengthen old alliances, forge new ones, and use all 
elements of our national power.
  And to respond to an economic crisis that is global in scope, we are 
working with the nations of the G-20 to restore confidence in our 
financial system, avoid the possibility of escalating protectionism, 
and spur demand for American goods in markets across the globe. For the 
world depends on us to have a strong economy, just as our economy 
depends on the strength of the world's.
  As we stand at this crossroads of history, the eyes of all people in 
all nations are once again upon us--watching to see what we do with 
this moment; waiting for us to lead.
  Those of us gathered here tonight have been called to govern in 
extraordinary times. It is a tremendous burden, but also a great 
privilege--one that has been entrusted to few generations of Americans. 
For in our hands lies the ability to shape our world for good or for 
ill.
  I know that it's easy to lose sight of this truth--to become cynical 
and doubtful; consumed with the petty and the trivial.
  But in my life, I've also learned that hope is found in unlikely 
places; that inspiration often comes not from those with the most power 
or celebrity, but from the dreams and aspirations of ordinary Americans 
who are anything but ordinary.
  I think of Leonard Abess, a bank president from Miami who reportedly 
cashed out of his company, took a $60 million bonus, and gave it out to 
all 399 people who worked for him, plus another 72 who used to work for 
him. He didn't tell anyone, but when the local newspaper found out, he 
simply said, ``I knew some of these people since I was 7 years old. I 
didn't feel right getting the money myself.''
  I think about Greensburg, Kansas, a town that was completely 
destroyed by a tornado, but is being rebuilt by its residents as a 
global example of how clean energy can power an entire community--how 
it can bring jobs and businesses to a place where piles of bricks and 
rubble once lay. ``The tragedy was terrible,'' said one of the men who 
helped them rebuild. ``But the folks here know that it also provided an 
incredible opportunity.''
  I think about Ty'Sheoma Bethea, the young girl from that school I 
visited in Dillon, South Carolina--a place where the ceilings leak; the 
paint peels off the walls, and they have to stop teaching six times a 
day because the train barrels by their classroom. She has been told 
that her school is hopeless, but the other day after class she went to 
the public library and typed up a letter to the people sitting in this 
Chamber. She even asked her principal for the money to buy a stamp. The 
letter asks us for help and says, ``We are just students trying to 
become lawyers, doctors, congressmen like yourself and one day 
President, so we can make a change to not just the State of South 
Carolina but also the world. We are not quitters.'' That's what she 
said.
  We are not quitters.
  These words and these stories tell us something about the spirit of 
the people who sent us here. They tell us that even in the most trying 
times, amid the most difficult circumstances, there is a generosity, a 
resilience, a decency, and a determination that perseveres; a 
willingness to take responsibility for our future and for posterity.
  Their resolve must be our inspiration. Their concerns must be our 
cause. And we must show them and all our people that we are equal to 
the task before us.
  I know that we haven't agreed on every issue thus far, and there are 
surely times in the future when we will part ways. But I also know that 
every American who is sitting here tonight loves this country and wants 
it to succeed. I know that. That must be the starting point for every 
debate we have in the coming months, and where we return after those 
debates are done. That is the foundation on which the American people 
expect us to build common ground.
  And if we do--if we come together and lift this nation from the 
depths of this crisis; if we put our people back to work and restart 
the engine of our prosperity; if we confront without fear the 
challenges of our time and summon that enduring spirit of an America 
that does not quit, then someday years from now our children can tell 
their children that this was the time when we performed, in the words 
that are carved into this very Chamber, ``something worthy to be 
remembered.''
  Thank you, God bless you, and may God bless the United States of 
America.
  (Applause, the Members rising.)
  At 10 o'clock and 15 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 Chief Justice of the United States and Associate Justices of the 
Supreme Court;
  The Dean of the Diplomatic Corps.

                          ____________________




                        JOINT SESSION DISSOLVED

  The SPEAKER. The Chair declares the joint session of the two Houses 
now dissolved.
  Accordingly, at 10 o'clock and 16 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

  Mr. PASCRELL. Madam 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.

                          ____________________




             RESIGNATION FROM THE HOUSE OF REPRESENTATIVES

  The SPEAKER pro tempore (Mr. Weiner) laid before the House the 
following resignation from the House of Representatives:

[[Page 5418]]

                                    Congress of the United States,


                                     House of Representatives,

                                Washington, DC, February 24, 2009.
     Office of the Speaker,
     U.S. Capitol,
     Washington, DC.
       Dear Madam Speaker: This letter is to inform you that I 
     have sent a letter to California Governor Arnold 
     Schwarzenegger informing him that I am resigning my position 
     as the United States Representative for the 32nd 
     Congressional District of California effective Tuesday, 
     February 24, 2009.
       In December, I was nominated by President-elect Obama to 
     serve as Secretary for the U.S. Department of Labor. I am 
     truly honored that President-elect Obama has given me the 
     opportunity to help America's working families and turn our 
     economy around. It has been a privilege to serve the 
     residents of California in the House of Representatives for 
     the past eight years. I have served during one of the most 
     challenging economic times in California's history, and have 
     worked to help build a better future for our state and 
     country.
       I also want to thank you, Madam Speaker, all of my 
     colleagues in the House, and in particular California's 
     Congressional delegation. I have enjoyed working with them 
     during my time in Congress. I am looking forward to 
     continuing to work with you and my colleagues, in order to 
     build a better country.
           Sincerely,
                                                   Hilda L. Solis,
     Member of Congress.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                Washington, DC, February 24, 2009.
     Governor Arnold Schwarzenegger,
     California State Capitol Building,
     Sacramento, CA.
       Dear Governor Schwarzenegger: In December, I was nominated 
     by President-elect Obama to serve as Secretary for the U.S. 
     Department of Labor. I am hereby resigning my position as the 
     United States Representative for the 32nd Congressional 
     District of California effective Tuesday, February 24, 2009.
       It has been a privilege to serve the residents of 
     California in the House of Representatives for the past eight 
     years. I have served during one of the most challenging 
     economic times in California's history, and have worked to 
     help build a better future for our state. I am truly honored 
     that President-elect Obama has given me the opportunity to 
     help lead our nation forward during these difficult times.
       I also want to thank you and your administration, as well 
     as my colleagues in California's Congressional delegation. I 
     have enjoyed working with you and them during my time in 
     Congress. I look forward to continuing this important work in 
     order to build a better California.
           Sincerely,
                                                   Hilda L. Solis,
     Member of Congress.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Under clause 5(d) of rule XX, the Chair 
announces to the House that, in light of the resignation of the 
gentlewoman from California (Ms. Solis), the whole number of the House 
is 432.

                          ____________________




                              ADJOURNMENT

  Mr. RYAN of Ohio. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 10 o'clock and 20 minutes 
p.m.), the House adjourned until tomorrow, Wednesday, February 25, 
2009, at 10 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

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

       641. A letter from the Director, Legislative Affairs 
     Division, Department of Agriculture, transmitting the 
     Department's final rule -- State Technical Committees (RIN: 
     0578-AA51) received February 9, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Agriculture.
       642. A letter from the Director, Legislative Affairs 
     Division, Department of Agriculture, transmitting the 
     Department's final rule -- Regional Equity (RIN: 0578-AA44) 
     received February 9, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Agriculture.
       643. A letter from the OSD Federal Register Liaison 
     Officer, DoD, Department of Defense, transmitting the 
     Department's final rule -- Indebtedness of Military Personnel 
     [DOD-2007-OS-0025] (RIN: 0790-AI08) received February 10, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Armed Services.
       644. A letter from the OSD Federal Register Liaison 
     Officer, DoD, Department of Defense, transmitting the 
     Department's final rule -- Civilian Health and Medical 
     Program of the Uniformed Service (CHAMPUS); Voluntary 
     Disenrollment from the TRICARE Retiree Dental Program (TRDP) 
     [DoD-2008-HA-0035] (RIN: 0720-AA69) received February 10, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Armed Services.
       645. A letter from the Acting Assistant Secretary 
     Legislative Affairs, Department of State, transmitting the 
     41st report prepared pursuant to Section 3204(f) of the 
     Emergency Supplemental Act, 2000 (Div. B, P.L. 106-246), as 
     amended; to the Committee on Armed Services.
       646. A letter from the Counsel for Legislation and 
     Regulations, Department of Housing and Urban Development, 
     transmitting the Department's final rule -- Public Housing 
     Operating Fund Program; Increased Terms of Energy Performance 
     Contracts [Docket Number: FR-5057-F-02] (RIN: 2577-AC66) 
     received February 12, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       647. A letter from the General Counsel, National Credit 
     Union Administration, transmitting the Administration's final 
     rule -- Credit Union Service Organizations (RIN: 3133-AD20) 
     received February 12, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       648. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Prevention of Significant 
     Deterioration (PSD) and Nonattainment New Source Review 
     (NSR): Aggregation [EPA-HQ-OAR-2003-0064, FRL-8773-2] (RIN: 
     2060-AL75) received February 10, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       649. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Prevention of Significant 
     Deterioration (PSD) and Nonttainment New Source Review (NSR): 
     Aggregation [EPA-HQ-OAR-2003-0064; FRL-8773-3] (RIN: 2060-
     AL75) received February 10, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       650. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Regulation of Fuels and Fuel 
     Additives; Gasoline and Diesel Fuel Test Methods [EPA-HQ-OAR-
     2008-0558; FRL-8771-6] (RIN: 2060-AP17) received February 10, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Energy and Commerce.
       651. A letter from the Chief, Policy and Rules Divison, 
     Federal Communications Commission, transmitting the 
     Commission's final rule -- In the Matter of Unlicensed 
     Operation in the TV Broadcast Bands Additional Spectrum for 
     Unlicensed Devices Below 900 MHz and in the 3 GHz Band [ET 
     Docket Nos.: 04-186 and 02-380] received February 12, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       652. A letter from the Acting Assistant Secretary 
     Legislative Affairs, Department of State, transmitting 
     certification of a proposed technical assistance agreement 
     for the export of technical data, defense services, and 
     defense articles to the Cayman Islands and the United Arab 
     Emirates (Transmittal No. DDTC 143-08), pursuant to 22 U.S.C. 
     2776(c); to the Committee on Foreign Affairs.
       653. A letter from the Acting Assistant Secretary 
     Legislative Affairs, Department of State, transmitting 
     notification of an authorization of Danger Pay to U.S. 
     Government civilian employees for service in areas where 
     civil insurrection, civil war, terrorism or wartime 
     conditions threaten physical harm or imminent danger to the 
     health or well-being of employees; to the Committee on 
     Foreign Affairs.
       654. A letter from the Secretary, Department of Education, 
     transmitting the Department's report on competitive sourcing 
     efforts for Fiscal Year 2008, pursuant to Public Law 108-199, 
     section 647(b) of Division F; to the Committee on Oversight 
     and Government Reform.
       655. A letter from the Chairman of the Board, Pension 
     Benefit Guaranty Corporation, Department of Labor, 
     transmitting the Commission's Semiannual Report from the 
     Office of the Inspector General and the Director's Semiannual 
     Report on Management Decisions and Final Actions on Office of 
     Inspector General Audit Recommendations, pursuant to 5 U.S.C. 
     app. (Insp. Gen. Act) section 5(b); to the Committee on 
     Oversight and Government Reform.
       656. A letter from the Administrator, Department of 
     Transportation, transmitting a report pursuant to the Federal 
     Vacancies Reform Act of 1998; to the Committee on Oversight 
     and Government Reform.
       657. A letter from the Deputy General Counsel, Office of 
     National Drug Control Policy, Executive Office of the 
     President, transmitting a report pursuant to the Federal 
     Vacancies Reform Act of 1998; to the Committee on Oversight 
     and Government Reform.
       658. A letter from the Secretary, Department of the 
     Interior, transmitting notification of the Department's 
     intent to accept a gift of land adjacent to wilderness areas 
     for preservation as wilderness, pursuant to Section 6 of the 
     Wilderness Act of 1964; to the Committee on Natural 
     Resources.

[[Page 5419]]


       659. A letter from the Secretary, Department of the 
     Interior, transmitting the Department's first Report to 
     Congress for the North Slope Science Initiative, pursuant to 
     Public Law 109-58, section 348(e); to the Committee on 
     Natural Resources.
       660. A letter from the Acting Under Secretary of Commerce 
     for Oceans and Atmosphere, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's 2007 Annual 
     Report in accordance with the Northwest Atlantic Fisheries 
     Convention Act; to the Committee on Natural Resources.

                          ____________________




         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. CONYERS: Committee on the Judiciary. H.R. 200. A bill 
     to amend title 11 of the United States Code with respect to 
     modification of certain mortgages on principal residences, 
     and for other purposes; with an amendment (Rept. 111-19). 
     Referred to the Committee of the Whole House on the State of 
     the Union.
       Mr. McGOVERN: Committee on Rules. House Resolution 184. A 
     resolution providing for consideration of the bill (H.R. 
     1105) making omnibus appropriations for the fiscal year 
     ending September 30, 2009, and for other purposes (Rept. 111-
     20). 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 Ms. ESHOO:
       H.R. 1142. A bill to amend title XIX of the Social Security 
     Act to require States to provide hair prostheses under the 
     Medicaid Program for individuals diagnosed with alopecia 
     areata; to the Committee on Energy and Commerce.
           By Mr. POE of Texas:
       H.R. 1143. A bill to achieve greater national energy 
     independence by limiting presidential withdrawals of offshore 
     lands from disposition for exploration, development, or 
     production of oil and gas, to authorize States to petition 
     for authorization to conduct offshore oil and natural gas 
     exploration and extraction in any area that is within 50 
     miles of the coastline of the State and within the seaward 
     lateral boundaries of the State extended, to share offshore 
     oil and gas revenues with States, and for other purposes; to 
     the Committee on Natural Resources.
           By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Ms. 
             Edwards of Maryland, Mr. Reyes, Mrs. Dahlkemper, Mr. 
             Miller of North Carolina, Mr. Carson of Indiana, Mr. 
             Wilson of Ohio, and Mr. Grayson):
       H.R. 1144. A bill to increase awareness of the existence of 
     and to overcome gender bias in academic science and 
     engineering through research and training, and for other 
     purposes; to the Committee on Science and Technology.
           By Mr. GORDON of Tennessee:
       H.R. 1145. A bill to implement a National Water Research 
     and Development Initiative, and for other purposes; to the 
     Committee on Science and Technology.
           By Mr. PAUL:
       H.R. 1146. A bill to end membership of the United States in 
     the United Nations; to the Committee on Foreign Affairs.
           By Mr. DOYLE (for himself, Mr. Terry, Ms. Eshoo, Ms. 
             Zoe Lofgren of California, Mr. Wilson of South 
             Carolina, Ms. Kilpatrick of Michigan, Mr. Hastings of 
             Florida, Ms. Moore of Wisconsin, Mr. Paul, Mr. Brady 
             of Pennsylvania, Mr. Tim Murphy of Pennsylvania, Ms. 
             Schwartz, Mr. Payne, Mr. Hinojosa, Mr. Johnson of 
             Illinois, Mr. Delahunt, Mr. Capuano, Mrs. McMorris 
             Rodgers, Mrs. Blackburn, and Ms. Baldwin):
       H.R. 1147. A bill to imlpement the recommendations of the 
     Federal Communications Commission report to the Congress 
     regarding low-power FM service; to the Committee on Energy 
     and Commerce.
           By Mr. BILIRAKIS (for himself, Mr. Bilbray, Mr. Rooney, 
             and Mr. Brady of Pennsylvania):
       H.R. 1148. A bill to require the Secretary of Homeland 
     Security to conduct a program in the maritime environment for 
     the mobile biometric identification of suspected individuals, 
     including terrorists, to enhance border security; to the 
     Committee on Homeland Security.
           By Ms. GINNY BROWN-WAITE of Florida (for herself, Mr. 
             Bilbray, Ms. Ros-Lehtinen, and Mr. Boozman):
       H.R. 1149. A bill to reauthorize the Adam Walsh Child 
     Protection and Safety Act of 2006, and for other purposes; to 
     the Committee on the Judiciary.
           By Mr. CARNEY (for himself, Ms. Schwartz, Mr. Brady of 
             Pennsylvania, Ms. Markey of Colorado, Mr. Doyle, Mr. 
             Bachus, Mr. Altmire, Mr. Payne, and Mr. Holden):
       H.R. 1150. A bill to authorize the Secretary of Homeland 
     Security to award grants on a competitive basis to regional 
     biocontainment laboratories for maintaining surge capacity 
     that can be used to respond to acts of bioterrorism or 
     outbreaks of infectious diseases, and for other purposes; to 
     the Committee on Energy and Commerce, and in addition to the 
     Committee on Homeland Security, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. DeLAURO (for herself, Mr. Serrano, Mr. Grijalva, 
             Ms. Norton, Mr. McGovern, Mr. Markey of 
             Massachusetts, and Mr. Fattah):
       H.R. 1151. A bill to amend the National and Community 
     Service Act of 1990 to establish Encore Service Programs, 
     Encore Fellowship Programs, and Silver Scholarship Programs, 
     and for other purposes; to the Committee on Education and 
     Labor.
           By Ms. DeLAURO (for herself, Mr. Serrano, Mr. Grijalva, 
             Ms. Norton, Mr. McGovern, Mr. Markey of 
             Massachusetts, and Mr. Fattah):
       H.R. 1152. A bill to amend the National and Community 
     Service Act of 1990 to establish a Semester of Service grant 
     program, and for other purposes; to the Committee on 
     Education and Labor.
           By Ms. DeLAURO (for herself, Mr. McDermott, Ms. Matsui, 
             Mr. Blumenauer, Mr. Serrano, Mr. Grijalva, Mr. 
             McGovern, Ms. Norton, Mr. Larson of Connecticut, Mr. 
             Markey of Massachusetts, and Mr. Fattah):
       H.R. 1153. A bill to amend the National and Community 
     Service Act of 1990 to establish a Summer of Service State 
     grant program, a Summer of Service national direct grant 
     program, and related national activities, and for other 
     purposes; to the Committee on Education and Labor.
           By Ms. DeLAURO (for herself, Mr. Serrano, Mr. Grijalva, 
             Mr. Blumenauer, Ms. Norton, Mr. McGovern, Mr. Markey 
             of Massachusetts, Ms. Eddie Bernice Johnson of Texas, 
             and Mr. Fattah):
       H.R. 1154. A bill to amend the National and Community 
     Service Act of 1990 to improve the educational awards 
     provided for national service, and for other purposes; to the 
     Committee on Education and Labor, and in addition to the 
     Committees on Oversight and Government Reform, and Ways and 
     Means, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Ms. ESHOO:
       H.R. 1155. A bill to mandate satellite carriage of 
     qualified noncommercial educational television stations; to 
     the Committee on Energy and Commerce.
           By Mr. HELLER:
       H.R. 1156. A bill to amend the Elementary and Secondary 
     Education Act of 1965 to require local educational agencies 
     to provide to parents, on request, information regarding the 
     professional qualifications of their child's pupil services 
     instructors; to the Committee on Education and Labor.
           By Ms. HERSETH SANDLIN:
       H.R. 1157. A bill to amend title 5, United States Code, to 
     establish certain protections for preference eligibles 
     selected for involuntary geographic reassignment; to the 
     Committee on Oversight and Government Reform.
           By Mr. HIGGINS (for himself, Mr. Nunes, Mr. Kagen, Ms. 
             Kaptur, Mr. Roskam, Mr. Kind, Mr. Gene Green of 
             Texas, Mr. Terry, Mr. Boccieri, Mr. McGovern, and Mr. 
             Davis of Alabama):
       H.R. 1158. A bill to promote biogas production, and for 
     other purposes; to the Committee on Ways and Means.
           By Mr. MEEK of Florida:
       H.R. 1159. A bill to amend the Internal Revenue Code of 
     1986 to provide special rules for investments lost in a 
     fraudulent Ponzi-type scheme; to the Committee on Ways and 
     Means.
           By Mr. MEEKS of New York:
       H.R. 1160. A bill to direct the Securities and Exchange 
     Commission to revise rules to provide for the comparable 
     treatment and expanded use of qualified money market funds 
     for broker-dealer financing; to the Committee on Financial 
     Services.
           By Mr. PRICE of North Carolina (for himself, Ms. 
             Corrine Brown of Florida, Mr. Watt, Mr. Gordon of 
             Tennessee, Mr. McIntyre, Mr. Honda, Mr. Lewis of 
             Georgia, Ms. Bordallo, Mr. Walz, Mr. Clay, Mr. 
             Etheridge, Mr. Miller of North Carolina, Mr. Hastings 
             of Florida, Mr. Kissell, Mr. Butterfield, Mr. Shuler, 
             Mr. Cohen, Mr. Donnelly of Indiana, Mr. Moran of 
             Virginia, Mr. Meeks of New York, and Ms. Hirono):
       H.R. 1161. A bill to amend the Elementary and Secondary 
     Education Act of 1965 to provide grants for innovative 
     teacher retention programs; to the Committee on Education and 
     Labor.
           By Mr. PUTNAM (for himself and Mrs. Myrick):
       H.R. 1162. A bill to amend the Immigration and Nationality 
     Act to permit certain E-2

[[Page 5420]]

     nonimmigrant investors to adjust status to lawful permanent 
     resident status; to the Committee on the Judiciary.
           By Mr. TERRY (for himself, Mr. King of Iowa, Mr. 
             Fortenberry, and Mr. Smith of Nebraska):
       H.R. 1163. A bill to direct the Secretary of Veterans 
     Affairs to establish a national cemetery in the Sarpy County 
     region to serve veterans in eastern Nebraska, western Iowa, 
     and northwest Missouri; to the Committee on Veterans' 
     Affairs, and in addition to the Committee on Ways and Means, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. VAN HOLLEN:
       H.R. 1164. A bill to amend title 5, United States Code, to 
     exempt certain repayments under the Civil Service Retirement 
     System from the requirement that they be made with interest; 
     to the Committee on Oversight and Government Reform, and in 
     addition to the Committee on House Administration, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. LANGEVIN:
       H. Con. Res. 58. Concurrent resolution expressing the sense 
     of Congress that any effort to reengineer the health care 
     system in the United States should incorporate sustainable 
     wellness programs that address the underlying causal factors 
     associated with chronic disease; to the Committee on Energy 
     and Commerce.
           By Mr. TERRY:
       H. Con. Res. 59. Concurrent resolution supporting the goals 
     and ideals of senior caregiving and affordability; to the 
     Committee on Education and Labor.
           By Mr. CASTLE:
       H. Res. 185. A resolution supporting the goals and ideals 
     of Black History Month and honoring the outstanding 
     contributions of African-American Medal of Honor recipients; 
     to the Committee on Armed Services.
           By Ms. KAPTUR:
       H. Res. 186. A resolution expressing the sense of the House 
     of Representatives that the States should enact a temporary 
     moratorium on residential mortgage foreclosures; to the 
     Committee on Financial Services.
           By Mr. TERRY:
       H. Res. 187. A resolution expressing support for the 
     designation of May 7 as National Information and Referral 
     Services Day; to the Committee on Energy and Commerce.

                          ____________________




                          ADDITIONAL SPONSORS

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

       H.R. 17: Mr. Hall of Texas and Mr. Buchanan.
       H.R. 22: Ms. Roybal-Allard, Mr. Young of Florida, Mr. 
     Oberstar, Mrs. Halvorson, Mr. Murtha, Mr. Braley of Iowa, Mr. 
     Filner, Ms. Pingree of Maine, and Mr. Upton.
       H.R. 25: Mr. Broun of Georgia and Ms. Jenkins.
       H.R. 31: Mr. Ackerman.
       H.R. 43: Mr. Paul, Mr. Kildee, Mr. Abercrombie, Mr. Moran 
     of Kansas, Mr. Souder, Mr. Guthrie, Ms. Kaptur, Mr. Miller of 
     North Carolina, Mr. Rothman of New Jersey, Mr. Price of North 
     Carolina, Mr. Tanner, Mr. Gallegly, Mr. Sarbanes, Mr. 
     Ellsworth, Mr. Marshall, Mr. Yarmuth, Mr. Wolf, Mr. Pascrell, 
     Mr. Higgins, Ms. Berkley, Mr. Brown of South Carolina, Mr. 
     Gary G. Miller of California, Mr. Gene Green of Texas, Mr. 
     Lewis of Georgia, Mr. Chandler, Mr. Wamp, Mr. LoBiondo, Mr. 
     Wilson of South Carolina, Ms. McCollum, Mr. Grijalva, Mr. 
     McHugh, and Mr. Holt.
       H.R. 49: Mr. Taylor, Mr. Herger, Mr. Chaffetz, Mr. Boozman, 
     Mr. McHugh, Mr. Goodlatte, Mrs. McMorris Rodgers, Mrs. 
     Bachmann, Mr. Platts, and Mr. Terry.
       H.R. 101: Mr. Mitchell.
       H.R. 111: Mrs. McMorris Rodgers, Mr. Nunes, Mr. Wilson of 
     South Carolina, and Mrs. Halvorson.
       H.R. 122: Mrs. McMorris Rodgers.
       H.R. 154: Mr. Michaud.
       H.R. 156: Mrs. Bachmann and Mr. McIntyre.
       H.R. 211: Mr. McDermott, Ms. Slaughter, Mr. Filner, Mr. 
     Sarbanes, Mr. Carson of Indiana, Mrs. Lowey, Mr. Tiberi, Mr. 
     Wu, Mr. Kagen, Mr. Bilirakis, Mr. George Miller of 
     California, Mr. Dingell, Mr. Sestak, Mr. McNerney, and Mr. 
     Chandler.
       H.R. 235: Mr. Andrews, Mr. Turner, Mr. Cohen, Mr. Higgins, 
     Mr. Simpson, Mr. Neal of Massachusetts, Mrs. McCarthy of New 
     York, Mr. Markey of Massachusetts, Mr. Abercrombie, Mr. 
     Wittman, Mrs. Halvorson, and Mrs. Maloney.
       H.R. 293: Mr. Tim Murphy of Pennsylvania.
       H.R. 294: Mr. Tim Murphy of Pennsylvania.
       H.R. 370: Mr. McGovern and Mr. Cao.
       H.R. 398: Mr. Miller of North Carolina, Ms. DeGette, Mr. 
     Kucinich, and Ms. Slaughter.
       H.R. 406: Mr. Goodlatte, Ms. Loretta Sanchez of California, 
     Mr. Ackerman, Ms. Kaptur, Mr. Hoekstra, Mr. Ellison, Ms. 
     Markey of Colorado, Mr. Sestak, and Ms. Clarke.
       H.R. 557: Mr. Rogers of Kentucky, Mr. Alexander, Mrs. 
     Lummis, Ms. Foxx, Mrs. Miller of Michigan, Mr. Tiahrt, Mr. 
     Fleming, Mr. Sensenbrenner, and Mr. McHugh.
       H.R. 560: Ms. Jenkins.
       H.R. 610: Mr. Costa and Ms. Slaughter.
       H.R. 620: Mr. Welch.
       H.R. 626: Mr. Connolly of Virginia, Mr. Rothman of New 
     Jersey, and Mr. Gonzalez.
       H.R. 630: Mrs. Miller of Michigan.
       H.R. 662: Mr. Platts and Mr. Teague.
       H.R. 697: Mr. Price of North Carolina and Mr. Israel.
       H.R. 704: Mr. Rogers of Kentucky and Mr. Davis of Kentucky.
       H.R. 745: Mr. Sestak, Ms. Norton, Mr. Weiner, Mr. Rangel, 
     and Mr. Lance.
       H.R. 753: Mr. Weiner, Mr. Engel, Ms. DeLauro, Mr. Hare, Mr. 
     Carnahan, Ms. Bordallo, Mr. Ruppersberger, Ms. Lee of 
     California, Mr. Nadler of New York, and Mr. Hinchey.
       H.R. 756: Mr. Gordon of Tennessee and Mr. McCotter.
       H.R. 759: Mr. Peters.
       H.R. 764: Mr. McHenry, Mr. Alexander, Mr. Bartlett, and Mr. 
     Poe of Texas.
       H.R. 866: Mr. Kline of Minnesota.
       H.R. 868: Mr. McHugh.
       H.R. 904: Mr. Grijalva.
       H.R. 930: Ms. Lee of California and Mrs. Maloney.
       H.R. 933: Mr. McClintock.
       H.R. 948: Ms. Linda T. Sanchez of California, Mr. Sires, 
     Ms. Herseth Sandlin, Ms. Kaptur, Mr. Patrick J. Murphy of 
     Pennsylvania, and Mr. Reyes.
       H.R. 978: Mrs. McMorris Rodgers, Mr. Jones, and Mr. Price 
     of North Carolina.
       H.R. 986: Mr. Farr and Mr. Skelton.
       H.R. 994: Mr. Heller and Mr. Platts.
       H.R. 997: Mr. Chaffetz, Mr. Posey, Mr. Manzullo, Mr. 
     Heller, Mr. Gingrey of Georgia, and Mr. Buchanan.
       H.R. 1032: Mrs. Myrick, Mrs. McMorris Rodgers, Mr. Kennedy, 
     Mr. Weiner, Mr. Alexander, and Mr. Filner.
       H.R. 1033: Mr. Rangel.
       H.R. 1039: Mr. Heller.
       H.R. 1078: Mr. Sestak and Mr. Ruppersberger.
       H.R. 1084: Mr. Rothman of New Jersey, Mr. Moran of 
     Virginia, and Mr. Gordon of Tennessee.
       H.R. 1086: Mr. Gallegly.
       H.R. 1106: Mr. Baca, Mrs. Capps, Mr. Turner, and Mr. Scott 
     of Virginia.
       H.R. 1135: Mr. Mica and Mr. Duncan.
       H.J. Res. 18: Mr. Levin, Mr. Miller of North Carolina, Ms. 
     Zoe Lofgren of California, Mr. Polis of Colorado, Mr. 
     Cummings, Mr. Moore of Kansas, Mr. Kennedy, Mr. Weiner, Mr. 
     Ruppersberger, Mr. Braley of Iowa, Mr. Michaud, Mr. Sestak 
     and Mr. Payne.
       H. Con. Res. 14: Mr. Young of Florida, Mr. Alexander, Ms. 
     DeGette, Mr. Barrow, Mr. George Miller of California, Mrs. 
     McMorris Rodgers, Mr. Gordon of Tennessee, Ms. Watson, Mr. 
     Sestak, Mr. Doyle, Mr. McCotter, Ms. Matsui, Mrs. Capps, Mrs. 
     Christensen, Mr. Whitfield, Mr. Van Hollen, Mr. Maffei, Mr. 
     Markey of Massachusetts, Mr. Spratt, Mr. Rush, Mr. Carson of 
     Indiana, Ms. Baldwin, Mr. Gutierrez, Mr. Engel, Ms. 
     Schakowsky, Mr. Holden, and Mr. Kucinich.
       H. Con. Res. 18: Mr. Garrett of New Jersey.
       H. Con. Res. 40: Mrs. Miller of Michigan, Mr. Ehlers, Mr. 
     Payne, Mr. Gordon of Tennessee, and Mr. Wilson of Ohio.
       H. Res. 18: Ms. Fudge.
       H. Res. 83: Mr. Ackerman and Mr. Goodlatte.
       H. Res. 111: Mr. Ellison, Mr. Holt, Mr. Paulsen, Mr. 
     Mitchell, Mr. Murtha, Mrs. Capps, Mr. Cardoza, Mrs. Tauscher, 
     Mr. Ross, and Mr. Bishop of New York.
       H. Res. 125: Mr. Wamp, Mr. Gallegly, Mr. Royce, and Mr. 
     Roskam.
       H. Res. 151: Mr. Paul, Mr. King of New York, and Mr. Price 
     of Georgia.
       H. Res. 160: Ms. Eshoo.
       H. Res. 178: Mrs. Miller of Michigan, Mr. Ehlers, Mr. 
     Payne, Mr. Gordon of Tennessee, Mr. Wilson of Ohio, Mr. Moran 
     of Virginia, Mr. Pallone, and Mr Levin.
       H. Res. 179: Ms. Speier.
       H. Res. 182: Mr. Hinchey and Mr. Davis of Illinois.

                          ____________________




    CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF 
                                BENEFITS

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

              Offered by Mr. Barney Frank of Massachusetts

       The provisions that warranted a referral to the Committee 
     on Financial Services in H.R. 1106, the Helping Families Save 
     Their Homes Act of 2009, do 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 5421]]

                   SENATE--Tuesday, February 24, 2009

  The Senate met at 10 a.m. and was called to order by the Honorable 
Jeanne Shaheen, a Senator from the State of New Hampshire.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Almighty God, our Heavenly Father, we lift our hearts to You, 
invoking Your blessings upon this day. Lord, You have made us one in 
our need of You, one in our yearning for strength beyond the self, and 
one in our quest for Your peace. Cleanse our hearts and open our minds 
that Your truth may enter our lives. Today, give our lawmakers the 
strength to do Your will. Help them to serve one another so that they 
may reflect Your spirit and goodness. Make them so aware of Your 
presence that they will learn Your wisdom.
  We pray in Your loving Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Jeanne Shaheen 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, February 24, 2009.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Jeanne Shaheen, a Senator from the State of New Hampshire, to 
     perform the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mrs. SHAHEEN 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. Madam President, today following leader remarks, the Senate 
will resume consideration of the motion to proceed to S. 160, the DC 
Voting Rights legislation, with the time divided until 11 a.m. between 
the two leaders or their designees. The designation we have is, of 
course, Senator Lieberman, the chairman of the committee. At 11 a.m. 
the Senate will proceed to a cloture vote on the motion to proceed to 
the bill.
  The Senate will recess from 12:30 to 2:15 to allow for the weekly 
caucus luncheons. We will likely not have a vote on the nomination of 
Solis, a cloture vote. It is my understanding that Republicans have 
almost cleared it. They have one more Senator to hear from to set this 
up. So there will be a vote at 4:30 from the time after the caucus. We 
are waiting for a phone call. Staff is waiting for a phone call. So 
what we would do if, in fact, that is granted, we would work until 4:30 
p.m. today on the Solis nomination. People can come and talk on that 
however they feel. At 4:30 we would have a vote on her confirmation.
  Now, that vote will be completed shortly before 5 o'clock. Chairman 
Lieberman will be the person who will be managing this bill. If people 
want to amend this, they have that right to do that. I have spoken at 
some length to the Republican leader. We have to get off this 
legislation as soon as we can, because a week from this Friday, March 
6, the funding for the Government runs out. So we have to pass the bill 
that will be coming from the House today, or at the latest tomorrow. We 
have to get that passed.
  We have scheduled a ``no-vote day'' next Friday. We would like to 
keep that. If, however, we see that this appropriations bill is running 
into trouble, we are going to have to cancel that because we have to 
continue working on the legislation until we complete it. But there 
should be no problem in that regard.
  I understand people want to offer amendments. That is fine. Let them 
offer amendments. But this bill has been around for a long time. It is 
now on the Web--people can look at it--as of last night. It has been 
around for a long time. We have had Republican input, both in the House 
and in the Senate. It has been scrubbed very closely. So I hope 
everyone would look at the legislation, determine what amendments they 
want to offer and recognize the deadline we have next Friday.


                              THE ECONOMY

  Members of Congress and all Americans look forward to hearing from 
President Obama tonight in his first address in the House Chamber. 
After we passed as a Congress, and he signed, the economic recovery 
plan into law, the President can confidently tell the American people 
that we have begun filling with dirt the deep economic ditch he 
inherited. That is especially so with the announcement he made in Mesa, 
AZ last Wednesday about the housing crisis.
  Throughout his campaign, and now the first weeks of his Presidency, 
President Obama has told it to us very straight. He has not sugar-
coated anything. He has not sugar-coated the challenges we face or 
tried to paint a rosy picture of a rapid recovery.
  He will surely call upon us to lend a hand, to put politics aside and 
continue working together, not as two parties but as one Congress for 
one country. In the early days of the 111th Congress, we have done 
that.
  With the good-will and earnest hard work of Democrats and Republicans 
alike, we passed a historic wilderness bill, a lands bill that has been 
called the most significant environmental legislation in a quarter of a 
century.
  We passed the Lilly Ledbetter Fair Pay Act to help employees fight 
cases of wage discrimination and ensure the principle of equal pay for 
equal work.
  We passed the lands bill on a bipartisan basis. We passed the Lilly 
Ledbetter Fair Pay Act on a bipartisan basis. We passed a new 
Children's Health Insurance Program to provide health coverage to 
millions of low-income families, children of those families. We did 
that on a bipartisan basis. We passed President Obama's economic 
recovery plan on a bipartisan basis, a plan to begin creating jobs, 
investing in our workforce, and providing tax relief to working 
families.
  As I have traveled around the country these last 10 days or so, 
people said: Well, that was not bipartisan. It was. We had Governors 
from Florida to California, Republican Governors and Governors in 
between, being cheerleaders for this legislation. The day before the 
legislation passed in Florida, conservative Republican Governor Crist 
introduced President Obama, telling the people of Florida that this 
legislation was a must-pass for that State.
  People said: Well, what happened in the Senate? We got one more 
Republican vote than we needed. We had Republican input. It was a 
bipartisan bill. We may not have had a lot of Republican Senators 
voting for this legislation, but there was Republican input. Senator 
Voinovich from Ohio was involved in this legislation to the last hour 
that we worked on this. He asked

[[Page 5422]]

for certain things in this legislation and, frankly, he got them. It 
was a bipartisan group of Senators, led by, on our side, Senators 
Nelson and Lieberman, on the Republican side by Senators Snowe, 
Collins, and Specter. So it was bipartisan.
  I appreciate the work we have been able to accomplish in this Senate 
up to this time. We are moving America forward. We are in the early 
rounds of this fight we have. Without further steps, our economic 
crisis will grow worse, not better. But there are going to be further 
steps.
  I heard on the radio this morning a tremendous interview about a 
person who was selling cars. He said, there is no question about it, 
that the stimulus is going to help him sell cars. I believe that is the 
case, that all through our economy, we are going to see improvement.
  That is why all of us--I repeat, Democrats and Republicans, Members 
of Congress--all Americans need to pick up that shovel and keep filling 
our economic ditch with dirt, so we can climb out of it. We and the 
Obama administration, we as Congress, and our White House, will help 
millions of American families keep their homes, stem the tide of 
falling home values for the tens of millions of families who have done 
nothing wrong yet continue to see their home equity disappear.
  We will implement banking reform to begin to unfreeze wheels of 
credit once again so that families can buy cars, send their children to 
college, and businesses can manage inventory and hire new workers, all 
while implementing new oversight, protecting the American people from 
any future banking crisis.
  We will pass a budget, and we will do it soon, that reflects the 
priorities of America's working families and safeguards every dollar of 
taxpayer funds. Throughout this recession, American people have been 
bombarded with bad news, but they remain patient for the tough choices 
and hard days still to come, and feel good about the progress that has 
been made.
  The people of my State, Nevada, a State hit harder than most any 
other, understand this turnaround will not happen tomorrow or the next 
day, but they expect that Congress will put progress over politics in 
every decision we make.
  Yesterday, President Obama said it all when he said: It is the 
obligation of the majority party to be inclusive. And he is right about 
that. But he also said: It is the obligation of the minority party to 
be constructive. Inclusive and constructive, if we keep those words in 
mind, these critical next weeks of legislating will provide us with an 
opportunity to again fill this economic ditch that has been dug these 
last many years and begin building the mountains once again to get us 
out of there.

                          ____________________




                  RECOGNITION OF THE REPUBLICAN LEADER

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

                          ____________________




                              WELCOME BACK

  Mr. McCONNELL. I wanted to briefly welcome everyone back from the 
Lincoln recess. People had a constructive period of time to interact 
with their constituents or to do other important business.
  Listening carefully to what the majority leader had to say in terms 
of the way forward, I will be happy to continue to work with him to 
move us in the direction he wishes to take us in terms of the 
scheduling of the Senate over the next week or 10 days.
  Madam President, we are now cleared to do the consent agreement.
  Mr. REID. I appreciate that very much.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
cloture motion with respect to the Solis nomination be withdrawn.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. McCONNELL. I now ask unanimous consent that upon the conclusion 
of the cloture vote with respect to the motion to proceed to S. 160, 
the Senate proceed to executive session as previously provided under a 
previous order and the Senate then debate the nomination of Hilda Solis 
to be the Secretary of Labor until 4:30 today, with the time equally 
divided and controlled between the leaders or their designees, and that 
Senator Murray be in control of the majority time; further, that at 
4:30 p.m. today, the Senate proceed to vote on the confirmation of the 
nomination; that upon confirmation, the motion to reconsider be laid 
upon the table, no further motions be in order, the President be 
immediately notified of the Senate's action, and the Senate resume 
legislative session.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                       RESERVATION OF LEADER TIME

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

                          ____________________




DISTRICT OF COLUMBIA HOUSE VOTING RIGHTS ACT OF 2009--MOTION TO PROCEED

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of the motion to proceed to S. 160, 
which the clerk will report by title.
  The legislative clerk read as follows:

       A motion to proceed to the bill (S. 160) to provide the 
     District of Columbia a voting seat and the State of Utah an 
     additional seat in the House of Representatives.

  The ACTING PRESIDENT pro tempore. Under the previous order, the time 
until 11 a.m. will be equally divided and controlled between the two 
leaders or their designees.
  The Senator from Connecticut.
  Mr. LIEBERMAN. Madam President, I would first ask unanimous consent, 
since the leaders have consumed--quite eloquently, I might add--15 
minutes, that the hour run from this minute until 11:15 so that both 
sides have the full hour and that the cloture vote on S. 160 occur at 
11:15 a.m.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  The majority leader is recognized.
  Mr. REID. Madam President, I overlooked a very important part of 
today. It is my understanding it is the birthday of the manager of this 
legislation. So all of us in the Senate wish the great Senator from the 
State of Connecticut happy birthday.
  The ACTING PRESIDENT pro tempore. The Senator from Connecticut is 
recognized.
  Mr. LIEBERMAN. Well, the Senator from the State of Connecticut has 
reached an age where he has mixed feelings when people acknowledge his 
birthday. But I thank the Senator.
  Mr. REID. As President Reagan said, the alternative, though----
  Mr. LIEBERMAN. The alternative is not good. And I praise the Lord for 
every day. So I say thank you to Senator Reid for his kind words.
  Madam President, I rise today, and I am proud to do so along with my 
friend and colleague, Senator Hatch of Utah, to urge all Senators to 
vote yes on the motion to proceed to this important legislation, the 
District of Columbia House Voting Rights Act of 2009. This measure will 
give the citizens of our Nation's Capital full voting rights in the 
House of Representatives while effectively adding a fourth 
congressional seat for the State of Utah.
  In 2007, this bill passed overwhelmingly in the House by a vote of 
241 to 177 but fell 3 votes short of gaining cloture in the Senate. 
That failure to proceed here in the Senate, 2 years ago now, left the 
citizens of the District with the wholly unsought after distinction of 
being the only residents of a democratically ruled national capital in 
the world who have no say in how their nation is governed. It is really 
astounding. It is time to right this injustice, just as this Congress 
has historically righted so many other voting injustices that stretch 
back to the very founding of our Nation.
  I again thank my friend, Senator Orrin Hatch, for his principled and 
steadfast support of this bill. I believe

[[Page 5423]]

his commitment to join in this historic change puts him up there with 
other great Republican Senators in recent history, such as Everett 
Dirksen, who worked with Lyndon Johnson to pass the Voting Rights Act 
of 1964.
  I also thank my colleagues, Senators Carper, Dodd, Durbin, Feingold, 
Kennedy, Kerry, Landrieu, Lautenberg, Leahy, Levin, McCaskill, 
Mikulski, Sanders, and Voinovich, for joining as cosponsors. And, of 
course, I thank our leader, Senator Reid, for bringing this bill to the 
floor so swiftly in this 111th session. In the Senate, as we all know, 
one of the greatest gifts you can get is floor time, and the priority 
Senator Reid has placed on this measure speaks volumes of his 
commitments to fairness, justice, and, in this case, I think civil 
rights.
  Great thanks are due to District Delegate Eleanor Holmes Norton, who 
has been a tireless champion of full representation for the citizens of 
the District. In her 10 terms in Congress, Eleanor Holmes Norton has 
valiantly represented the citizens of the District despite the fact--
and I say valiantly and effectively represented the citizens of the 
District--despite the fact that she has no vote on the House floor.
  Madam President, before I go on with the substance of the argument, I 
would like to ask that you let me know when I have consumed 14 minutes 
of my time so I can wind it up.
  The ACTING PRESIDENT pro tempore. The Chair will so advise.
  Mr. LIEBERMAN. I thank the Chair.
  I wish to begin by taking my colleagues way back to November 22, 
1800. Why that day? Because that was the day that could be considered 
the official dedication of Washington, DC, as our Nation's Capital: 
November 22, 1800. On that day, President John Adams, who had only 
recently moved into the still-unfinished Executive Mansion--it was not 
known as the White House back then--gave his State of the Union Address 
to the opening of the second session of the Sixth Congress, which was 
also moving into its offices in the unfinished Capitol Building.
  It is a sweet historical coincidence that today we begin discussion 
of this bill and tonight President Obama addresses the 111th session of 
Congress.
  President Adams opened his statement with a prayer that this new city 
``be the residence of virtue and happiness [and] be forever held in 
veneration!'' That prayer has only, let's say, imperfectly been 
realized, but we aspire to it nonetheless.
  Adams then called on Congress to be wise stewards of this new city of 
then roughly 8,000 people.
  He said:

       You will consider it as the capital of a great nation 
     advancing with unexampled rapidity in arts, in commerce, in 
     wealth, and in population, and possessing within itself those 
     energies and resources which, if not thrown away or 
     lamentably misdirected, will secure to it a long course of 
     prosperity and self-government.

  Beautiful words.
  The District did, of course, grow into a robust and thriving capital. 
Today, with nearly 600,000 residents, the District has a population 
roughly equal to or, in fact, greater than the States of Alaska, North 
Dakota, Vermont, and Wyoming. But, sadly, its residents have not been 
allowed to be full participants in our democracy, have not been allowed 
to have voting representation in the Congress of the United States.
  I want to speak for a moment about some of the fundamental injustices 
that result from that fact. The people of the District, of course, have 
been a direct target of a terrorist attack, but they have no vote on 
how the Federal Government provides for their homeland security.
  Men and women of the District have fought bravely in all our wars--
well, at least going back to the War of 1812--many, many giving their 
lives in defense of our country and its freedom. Yet they have no vote 
on the serious questions of war and peace, of funding conflicts, of 
supporting veterans when they return home.
  The courts have found that Congress has the authority to tax the 
citizens and businesses of the District. And do they pay taxes? In 
2007, residents and businesses of the District paid over $20 billion in 
Federal taxes, which is more than 19 States, and at the second highest 
per capita rate of Federal taxation in the Nation. This should be 
embarrassing; that is, the fact that they still do not have voting 
representation here should be embarrassing to a nation whose Founders 
rallied around the Revolutionary slogan: Taxation without 
representation is tyranny. The District is the only jurisdiction in the 
country that must seek congressional approval, through the 
appropriations process, before spending locally generated tax dollars. 
Yet DC has no vote in the appropriations process.
  Finally, if any American living in the 50 States--outside of the 
District of Columbia, I mean to say--were to move abroad, they would 
continue to be entitled to full voting representation in Congress--
voting by absentee in their last State of residence--regardless of how 
long they remain out of the country. The only way they can lose that 
full voting representation here in Congress is if they were either to 
renounce their citizenship or return to the United States and live in 
Washington, DC. Now, that just does not make sense.
  I am pleased to say that as I hear the arguments of the opponents of 
this bill, they seem to recognize and concur on the fundamental justice 
of our cause. Their primary argument against the bill is the question 
of constitutionality. Opponents cite article I, section 2, of the 
Constitution, which states that the House ``shall be composed of 
members chosen . . . by the people of the several states.'' But I would 
urge my colleagues to read on because in article I, section 8, the 
Framers gave Congress authority to ``exercise exclusive legislation in 
all cases whatsoever'' regarding the District. This so-called District 
clause grants Congress particularly sweeping powers with regard to 
legislation for the District of Columbia. In fact, our courts have 
upheld Congress's right to treat the District as a ``State'' for 
purposes of Federal taxation, Federal court jurisdiction, the right to 
a jury trial, and interstate commerce, among others.
  A broad range of constitutional experts, including very respected 
conservative constitutional experts such as Judge Ken Starr and former 
Assistant Attorney General Viet Dinh tell us that Congress's power to 
provide voting rights to the District lies within this District clause. 
If Congress has this power, there is no excuse for not deploying it to 
end the injustice facing the District's many residents with respect to 
voting representation in Congress.
  Madam President, let me give a little more history. There are some 
question marks lurking in the history of voting rights in the Federal 
District. In the first 11 years after Maryland and Virginia ceded land 
for the Capital in 1788 and 1789, respectively, residents of that ceded 
territory continued to vote in either Maryland or Virginia. They 
retained this right to vote through congressional legislation. But when 
the District was formally established in 1800, Congress was silent on 
the voting rights for citizens of our Capital City. Frankly, we do not 
know exactly why this came about. The rights were never explicitly 
withdrawn. They just never addressed them.
  What we all know is that our Nation has always moved to expand and 
protect the right to vote so that evermore voices could be heard and 
represented. It is time to do that again. The fact is, in 1800, when 
the Federal Government first took up residence in the District, as we 
all know, sadly, not all Americans could vote. Slaves, who made up 
nearly a sixth of our Nation's population, had no vote and outrageously 
were counted as a mere three-fifths of a person. Women could not vote, 
and neither could many men. Most States required you to be a landowner 
to vote, so many tradesmen, laborers, shop clerks, farmhands, and 
others who were vital to the Nation's growing economy were denied the 
franchise.
  The Senators of 1800 were chosen by State legislatures, not by 
popular vote. President Adams, in fact, was about to be defeated in 
1800 by his Vice President, Thomas Jefferson, in an election

[[Page 5424]]

where most of the members of the electoral college were also chosen by 
State legislatures, not popular vote.
  Well, we have, over the decades and centuries since 1800, righted 
those wrongs. As I heard someone once say: American democracy is on a 
journey without a final destination. We keep struggling and, 
thankfully, achieving, generation after generation, the rights that are 
proclaimed in our Declaration of Independence. So we move beyond those 
barriers to voting through legislation, constitutional amendments, and 
court decisions. And our democracy is, of course, stronger for it.
  State legislatures began expanding voter rolls beyond just landowners 
and also provided for the direct election of Presidential electors. Let 
me just read from----
  The ACTING PRESIDENT pro tempore. The Senator has consumed 14 
minutes.
  Mr. LIEBERMAN. I thank the Chair.
  The Supreme Court, in Wesberry v. Sanders, in 1964, ruled that House 
districts had to be approximately equal in population. That was the so-
called ``one man, one vote.'' Again, in each of these cases, our Nation 
has always had the goal of expanding and protecting the right to vote. 
And that is what we seek to do today.
  I am going to yield now to Senator Hatch, with whom I am proud to 
cosponsor this legislation. Senator Hatch in this case is not just the 
distinguished and effective and honorable and intelligent Senator from 
Utah, he has written one of the great law journal articles which 
asserts and I think clearly establishes the constitutionality of what 
we are trying to do today.
  So I thank the Chair and I yield the floor to my friend from Utah.
  The ACTING PRESIDENT pro tempore. The Senator from Utah.
  Mr. HATCH. Madam President, I compliment my dear friend and 
distinguished colleague from Connecticut for the leadership he has 
provided on this issue and for the intelligence he has brought to this 
issue as well.
  Madam President, I rise to support S. 160, the District of Columbia 
House Voting Rights Act of 2009, which I am cosponsoring with my friend 
from Connecticut, Senator Lieberman. This bill would give the District 
of Columbia one seat and Utah another seat in the House of 
Representatives. I will address three questions about this bill: 
whether Congress may pass this bill or this legislation, whether 
Congress should pass it, and whether the Senate bill is how Congress 
ought to do it. I believe the answer to all three questions is yes.
  The first question is whether the Constitution allows Congress to 
pass this legislation. Congress may certainly increase the size of the 
House from 435 to 437 Members and give a new seat to Utah which 
qualifies for one under the formula used in the last 2000 census. The 
2010 census will determine whether Utah keeps this seat. The Congress 
certainly has the legislative authority to grant it to us. The 
constitutional question is whether Congress may give the other new 
House seat created by this bill to the District of Columbia which is, 
of course, not a State. The District did not even exist when the 
Constitution was drafted to provide that the House be composed of 
Members chosen by the people of the several States. The constitutional 
question is whether the word ``States'' prevents Congress from 
providing a House seat for the District.
  We should debate more often and more openly whether the Constitution 
allows us to do what we do. I studied the constitutional issues raised 
by the bill before us and published my analysis and conclusions, as the 
distinguished Senator from Connecticut has noted, in the Harvard 
Journal on Legislation for everyone's consideration.
  I commend it to my colleagues.
  Madam President, I wrote in that article and acknowledge here today 
that there are legitimate arguments on both sides. There are liberal 
and conservative legal experts on both sides. As we debate this bill, 
however, I hope those who oppose it on constitutional grounds will do 
more than just repeat the single word ``States.'' Noting that the 
District is not a State is a factual observation; it is not a 
constitutional argument. It is a premise, not a conclusion.
  Several considerations led me to conclude that this legislation's 
constitutional foundation is solid. First, representation and suffrage 
are the heart of our American system of self-government. This principle 
is so fundamental that there must be affirmative evidence that 
America's Founders intended to deny it to Americans living in the 
District. That evidence simply does not exist.
  Secondly, America's Founders demonstrated the opposite intention by 
their own legislative actions. In 1790, as the distinguished Senator 
from Connecticut has observed, Congress provided by legislation that 
Americans living in the land ceded for the District could continue 
voting in congressional elections. Nobody even suggested that this 
legislation was unconstitutional, even though the land on which those 
Americans lived was no more part of a State in 1790 than the District 
is today. If Congress could do it then, Congress can do it now.
  Third, the Constitution explicitly gives Congress legislative 
authority over the District ``in all cases whatsoever.'' This authority 
has been called sweeping, plenary, and extraordinary by the courts and 
surpasses the authority a State legislature has over its own State.
  Fourth, courts have held for more than two centuries either that 
constitutional provisions framed in terms of States can be applied to 
the District or that Congress can legislatively accomplish for the 
District what the Constitution accomplishes for States. Congress, for 
example, has authority to regulate commerce among the several States. 
The Supreme Court held in 1899 that this applies to the District of 
Columbia.
  The original Constitution provided that direct taxes shall be 
apportioned among the several States. The Supreme Court held in 1805 
that Congress's legislative authority over the District allows taxation 
of the District. The Constitution provides that Federal courts may 
review lawsuits between citizens of different States. The Supreme Court 
held in 1805 that Congress can legislatively extend this to the 
District even though the Constitution does not.
  In 2000, the Supreme Court affirmed a lower court decision holding 
that while the Constitution does not provide congressional 
representation for the District, that goal can be pursued in other 
venues including, the Court said, ``the political process.''
  Those who argue the word ``States'' in the Constitution cannot 
include the District must believe that all of these court decisions 
were wrong. They must believe that District commerce cannot be 
regulated, that District residents cannot be taxed, cannot sue in 
Federal court, and have no right to a speedy trial. They are entitled 
to believe that, but they should say so and defend their position.
  Fifth, maintaining the District as a jurisdiction separate from State 
control in no way requires disenfranchising its residents. America's 
Founders wanted the Capital to be free from State control, and I 
support keeping it that way. I oppose statehood for the District of 
Columbia, and I think most people in this body do, but giving the 
District a House seat so that its residents can participate in the 
process of making the laws they must obey in no way changes either the 
District's political status or Congress's legislative authority over 
the District.
  These are some of the considerations leading me to conclude that the 
Constitution allows Congress legislatively to provide a House seat for 
the District of Columbia.
  The next question is should Congress do so or whether Congress should 
do so. I believe it should. Representation and suffrage are essential 
to our American system of self-government. The Supreme Court has said 
no right is more precious in a free country than having a voice in the 
election of those who govern us. Congress provides by legislation for 
the millions of Americans living overseas to exercise that right by 
voting in congressional elections. They

[[Page 5425]]

obviously do not live in a State. They do not even live in America.
  Do those who believe the word ``States'' in the Constitution 
precludes representation for Americans living in the District, do they 
believe that it also precludes representation for Americans living 
outside the country altogether? Of course not.
  I wish to emphasize the legislation before us would restore 
congressional representation that Americans living in the District once 
enjoyed. After taking up residence in 1800, Congress failed to continue 
by Federal law the voting rights these Americans had previously 
enjoyed, by Congress's permission, under State law. One member of the 
District City Council, Augustus Woodward, wrote in 1801 that District 
residents are still part of the people of the United States and that 
``it is violating an original principle of Republicanism to deny that 
all who are governed by laws ought to participate in the formulation of 
them.''
  I continue to believe what I stated more than 30 years ago on the 
Senate floor that Americans living in the District should enjoy all the 
privileges of citizens, including voting rights.
  If Congress may and should provide a House seat for the District, the 
remaining question is how to do it. I believe the bill before us, 
rather than the House version, is the best vehicle for accomplishing 
that goal. First, it disclaims Senate representation for the District 
both explicitly and implicitly. It explicitly does so in language that 
the Senator from Maine, Ms. Collins, first introduced during the 
committee markup in the 110th Congress.
  The bill States:

       The District of Columbia shall not be considered a State 
     for purposes of representation in the U.S. Senate.

  But the bill also implicitly disclaims Senate representation by 
treating the District as a congressional district rather than as a 
State even for purposes of House representation. This avoids even a 
rhetorical parallel to States that have only one House Member.
  I wish to firmly repeat my continuing opposition to District 
representation in the Senate. I opposed the constitutional amendment in 
1978 that would have given the District both House and Senate 
representation. The two Houses of Congress are designed differently: 
the House to represent population and the Senate to represent the 
States. The House is considered the people's body, the Senate the 
State's body. The 17th amendment changed how Senators are elected but 
did not change the Senate itself or its place in the design of 
Congress.
  In addition, as I argued in 1978, adding a nonstate jurisdiction to 
the Senate would disrupt the equal suffrage the Constitution guarantees 
to the States in this body. Secondly, the Senate bill provides for 
expedited judicial review. The House bill does not. As I do, my 
colleagues take the Constitution seriously, and this provision will 
help ensure that, if necessary, the courts can decide the legal issues.
  Third, the Senate bill allows Utah to elect its additional House 
Member after drawing new congressional district lines. The House bill 
would improperly force Utah to elect an additional Member at Large. 
This would create two strange situations. It would mean one House 
Member from Utah would have three times as many constituents as the 
other, and it would mean Utahans would each have two House Members, 
twice as many as Americans living in any other State. Utah has already 
demonstrated that it is willing and able to draw fair and reasonable 
lines to elect a fourth House Member, and Congress has no business 
forcing Utah to do it any other way.
  Let me close by saying there are many differences between Utah and 
the District, to be sure, but their residents deserve to be properly 
represented in our National Legislature. I do not believe that 
representation and suffrage, the heart of self-government, should be 
provided based on how Americans will exercise this most precious right 
or which party they will likely support. I believe Congress may and 
should provide for that representation and ought to do so by passing 
the bill before us today, and I hope we will.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona is 
recognized.
  Mr. KYL. Madam President, obviously, the principal argument that must 
be made against this bill is its blatant unconstitutionality. Article I 
of the Constitution clearly and expressly provides that representation 
in the House of Representatives shall be apportioned among the several 
States. The meaning of this language is not ambiguous. Only States may 
be represented in the House of Representatives--not territories, not 
districts, or other Federal possessions. It is hard to craft a 
colorable argument that this bill is constitutional, especially in view 
of court decisions confirming what I just said.
  But let me set aside for a moment the constitutional argument and 
talk about the idea behind the bill, which is that it is wrong for 
residents of the District not to have some representation in the House 
of Representatives. The argument is that everyone is entitled to 
representation in Congress and that the District currently lacks such a 
representative--in other words, that the District runs afoul of the 
principle of ``no taxation without representation'' as the 
jurisdiction's current license plates complain. Of course, there is a 
representative, but that representative is a nonvoting representative.
  The argument, however, is wrong. The District does not lack 
representation in the Congress or need a voting representative to, for 
example, provide funding for the District of Columbia. It actually 
already has representatives in Congress: 100 Senators and 435 House 
Members, all of whom, under the Constitution itself, have the 
jurisdiction and, indeed, the obligation to provide for the general 
welfare of the residents of the District of Columbia. All of these 
Members work in the District. Most of them live close to, if not in, 
the District. Their presence here and the oversight that Congress 
provides and the funding Congress provides effectively ensures that the 
District is adequately cared for by the Congress.
  If anyone here today doubts that Congress has been anything less than 
generous toward the District, I would ask them to consider the latest 
data from the Tax Foundation on the amount of tax dollars each State 
and the District pay to the Federal Government and the amount each 
receives in Federal spending in return.
  Let's start with those States for whom the redistribution of 
America's wealth via the Federal Government is not such a good deal. 
Going down the rankings to No. 47 of per capita dollars received to 
dollars taxed, we have the State of New Hampshire. Its residents paid 
an average of $8,162 of taxes to the Federal Government but received a 
per capita average of only $6,386 in Federal spending. This earned New 
Hampshire a return of only 71 cents for each dollar paid in Federal 
taxes.
  Next on the list is the State of Connecticut. Its residents paid an 
average of $11,522 in Federal taxes but saw only $8,795 per capita in 
Federal spending in return, which means every dollar in Federal taxes 
saw a return of only 69 cents in Federal spending.
  At No. 49 on the scale of returns is the State of Nevada. Its 
residents saw only a 65-cent return on every dollar paid in Federal 
taxes. On average, every Nevadan paid $8,417 in Federal taxes, but the 
State received only $5,889 per capita in Federal spending.
  Finally, rock bottom on the list of beneficiaries of Federal largess 
is the State of New Jersey. Its residents paid a total of $86 billion 
in taxes to the Federal Government. That comes to $9,902 paid to the 
United States by every man, woman, and child in the State. Yet the 
State saw only $6,740 in Federal spending--a return of only 61 cents of 
Federal return for every dollar New Jersey residents send to 
Washington.
  Neither New Jersey nor any of these other States pay the most in 
total taxes to the Federal Government. That honor goes to California, 
whose citizens paid a total of $289 billion in taxes to the Federal 
Government. That comes out to $8,028 for every man, woman, and child in 
California. But in

[[Page 5426]]

return, the State only received $6,709 per capita in Federal spending--
a return of only 78 cents for each dollar in Federal taxes paid.
  There is also the other end of the scale--the States that received 
more in Federal spending than they pay in Federal taxes. Which are 
they? Let's start with West Virginia, which ranked fifth. Its residents 
paid an average of $4,861 in taxes and received $8,872 per capita in 
Federal spending--a return of $1.76 for every dollar in taxes.
  No. 2 on the list is Mississippi, which saw a return of $2.03 for 
every $1 paid in Federal taxes.
  At the very top is New Mexico, whose residents paid an average of 
$5,153 in Federal taxes but saw a per capita return of $10,733 in 
Federal spending or $2.03 for every dollar paid in Federal taxes. 
Mississippi and New Mexico, with two Senators each, and with four and 
three Congressmen respectively, made out better than all other States 
in terms of per capita Federal spending that Congress delivered to 
these States, as compared to the amounts they pay in taxes. No State 
got a better deal than Mississippi and New Mexico, which saw a per 
capita return of over $2 for every dollar paid. So they did very well 
by any measurement.
  There is one jurisdiction that does better than even these States and 
that is--as you might guess--the District of Columbia. It far exceeded 
the $2 return seen by even the No. 1 and 2 States on the list of 
Federal beneficiaries. For the last year for which data is available, 
District residents paid an average of $11,582 in Federal taxes. But in 
return, the District of Columbia received over $65,109 in per capita 
Federal spending. This represents a return that is more than twice as 
high as that received by the No. 1 and 2 States, a return of 55 cents 
for every $1 that its residents paid in Federal taxes. The District did 
over six times better than even first-ranked New Mexico, at $65,109. 
This represents a 555-percent return on the District's investment in 
Federal taxes--generous by any standard, even accounting for the fact 
that much of the money is for the Federal area for buildings and other 
projects within the District.
  The numbers I have been citing have not abated in recent times. Most 
recently, on February 14, in the Federal stimulus bill, the District's 
nonvoting Delegate, Holmes-Norton, issued a press release bragging 
about the District's recent take. She gave a press briefing in which, 
according to news accounts:

       . . . gave a detailed account of the $620 million of 
     benefits for the District of Columbia in the American 
     Recovery and Reinvestment Plan of 2009 at a press conference 
     this morning. The funds in the stimulus package are expected 
     to generate 12,000 jobs and an even larger number of jobs at 
     the Department of Homeland Security headquarters in Ward 8, 
     which will receive $650 million, even more than expected, to 
     build the first of five buildings at the DHS compound, a 
     project expected to generate 38,000 jobs in the area. The 
     Congresswoman's work to make sure that in every category DC 
     was treated as a State paid off handsomely for the District, 
     which did better in funds received than seven States. Funds 
     to repair federal structures will be spent disproportionately 
     in DC because so many Federal buildings are located here.

  One would expect DC would receive more Federal money because of the 
Federal enclave that exists in the District. But the point of the 
representative is to note that all of that benefits the residents of 
the District as well, unlike that money that goes to the States. So 
straight from the nonvoting District's representative, you have the 
fact that the Congress has clearly been very generous toward the 
District. It is in no way underrepresented and certainly doesn't 
deserve to have an additional Member of Congress, whose goal it would 
be to expand the District's share of Federal spending.
  Even if giving the District a dedicated representative in the House 
were sound policy, let me return to the argument about the 
constitutionality. This, the proponents appreciate, is the soft 
underbelly of this legislation. There are arguments they adduce to 
support its constitutionality. I submit they are weak and will not 
succeed in court. I appreciate the fact that the sponsors of the bill 
support the necessity of an expedited hearing to get the legislation 
heard and a decision made by the courts as to its constitutionality. 
That is the least we would owe the representatives of the District, as 
well as the other citizens of the country.
  Congress has long recognized we can only grant District residents the 
ability to participate in Federal elections through constitutional 
amendment. Prior to 1961, for example, District residents were not 
permitted to vote in Presidential elections. Article II, section 1 of 
the Constitution provides that the electors from each State should be 
comprised of the number equal to the State's combined congressional 
delegation. In the face of this express constitutional language, 
Congress recognized that a change to the law would require a change to 
the Constitution itself. That is why, when we granted DC residents the 
right to participate in Presidential elections, we went about it the 
right way--by passing the 23rd amendment to the Constitution.
  Just as article II of the Constitution, which deals with the 
Presidency, limited the right to appoint Presidential electors to the 
State, article I, which deals with Congress, clearly and repeatedly 
limits representation in the House and Senate to the State. Article I 
says the House ``shall be composed of members chosen every second year 
by the people of the several states, and the electors in each state 
shall have the qualifications requisite for electors of the most 
numerous branch of the state legislature.'' Obviously, that doesn't 
apply to the District of Columbia. It requires that each 
representative, ``when elected, be an inhabitant of that state in which 
he was chosen.'' It mandates that ``each state . . . have at least one 
Representative,'' and it provides that ``when vacancies happen in the 
Representation for any state, the executive authority thereof shall 
issue writs of election to fill such vacancies.'' Again, it could not 
have application to the DC.
  The import of these provisions was recognized by the legal scholar, 
Jonathan Turley, in a law review article published last year. In it he 
concludes:

       It would be ridiculous to suggest that the delegates to the 
     Constitutional Convention or ratification conventions would 
     have worked out such specific and exacting rules for the 
     composition of Congress, only to give the majority of 
     Congress the right to create a new form of voting members 
     from federal enclaves like the District. It would have 
     constituted the realization of the worst fears for many 
     delegates, particularly Anti-Federalists, to have an open-
     ended ability of the majority to manipulate the rolls of 
     Congress and to use areas under the exclusive control of the 
     Federal Government as the source for new voting members.

  Indeed, congressional Democrats, in 1978--and Republicans as well--
recognized that giving the District of Columbia a dedicated House 
Member would require amending the Constitution. That year, Congress 
passed an amendment giving District residents a voting seat in the 
House. When the House Judiciary Committee, under the leadership of 
Chairman Peter Rodino, reported out the amendment, the accompanying 
report recognized that ``if the citizens of the District are to have 
voting representation in the Congress, a constitutional amendment is 
essential; statutory action alone will not suffice.''
  I am certainly not alone in concluding that this bill, though well-
intentioned, violates the plain language of the Constitution. The very 
court that will hear challenges to this bill under its expedited 
judicial review provision has already ruled that District residents do 
not have a constitutional right to congressional representation. In 
Adams v. Clinton, decided in 2000, a three-judge panel of the Federal 
District Court for the District of Columbia had concluded that the 
Constitution plainly limited congressional representation to the 
States. Here is what the court said:

       The overlapping and interconnected use of the term 
     ``state'' in the relevant provisions of article I, the 
     historical evidence of contemporary understandings, and the 
     opinions of our judicial forebears, all reinforce how deeply 
     Congressional representation is tied to the structure of 
     statehood. . . . There is simply no evidence that the Framers 
     intended that not only citizens of the States, but 
     unspecified others as well, would share in the congressional 
     franchise.


[[Page 5427]]


  The District residents who brought suit in Adams v. Clinton appealed 
their case all the way to the U.S. Supreme Court, and the Supreme Court 
allowed the trial court's ruling to stand.
  The Senate should not be passing legislation that we believe is 
unconstitutional. We should not pass the buck to the Federal courts 
because we feel good about a particular case to be made and want to 
express our feelings about it, in the firm judgment that the court will 
save us from ourselves and declare our action unconstitutional. When we 
neglect our duty to the Constitution, we fail to uphold the oath that 
we take as Senators to support and defend our great founding documents.
  My friends in the Senate who support this legislation rely 
essentially on two arguments, neither of which, I submit, outweighs the 
clear mandate in article II. First, they claim that another provision 
in the Constitution, the so-called District clause, allows Congress to 
essentially grant any sort of legislation relating to the District of 
Columbia, including even legislation to give DC residents a voting 
House Member. This clause doesn't do that. What it does is permit 
Congress to pass laws to provide for the general welfare of District 
residents. The bill, however, does not propose to provide for the 
welfare of District residents; it seeks to alter the fundamental 
composition of the House of Representatives.
  This clause not only does not allow the Congress to change the law 
without a constitutional amendment; it is, in effect, a logical 
extension of the fact that the District requires some separate entity 
to make the laws and provide for its needs, and that, of course, as 
identified in the Constitution, is the Congress. So, far from 
supporting the case, it actually confirms the argument that the 
District, not being a State, is not entitled to representation as a 
State.
  Second, proponents of the bill correctly point out that there are 
certain instances in the Constitution where references to citizens of 
the States has been interpreted to include residents of the District of 
Columbia. Many of these cases, though, involve individual rights, and 
it is obvious that DC residents do not lose their rights as citizens of 
the United States by choosing to live in the District. For example, 
they retain the right to trial by jury, and they may bring civil suits 
in Federal court against citizens of other States and so on. The bill 
is not a bill about individual rights, such as free speech, the right 
to own firearms or to due process of law. It is a bill about the makeup 
of House of Representatives. It is about the delicate balance our 
constitutional Framers struck in affording representation to the States 
in the House and the Senate, and it is about the fundamental structure 
of our Government.
  Finally, there is actually nothing standing in the way of full 
representation in the Congress for residents of the District. In fact, 
there have been previous offers, and there will be another offer in the 
context of the debate on this bill to allow the residents of the 
District of Columbia to vote as a congressional district of the State 
of Maryland. The retrocession amendment would also allow representation 
in the Senate as well. This is essentially what residents of Virginia 
had when the land was retroceded to the State of Virginia that had 
originally been carved out as part of the 10-mile square of the 
District of Columbia. Up to now, the residents of the District have not 
seen fit to take advantage of this offer to have full representation in 
the Congress as residents of the State of Maryland. But they will have 
that opportunity again when an amendment is proposed in the context of 
this legislation.
  The bottom line is this: The District of Columbia residents do not 
suffer from a lack of representation in terms of the general welfare of 
the District. The Congress has been enormously generous and has ceded 
jurisdiction to the city of the District of Columbia and provided 
funding and other legislation to govern the District as called for 
under article I.
  Secondly, the Constitution of the United States could not be clearer 
about the fact that representation is limited to the States of the 
Union.
  The District of Columbia being a Federal enclave, not being a State, 
therefore, is not entitled to congressional representation, so the 
Federal District Court of the District of Columbia has held. The 
Supreme Court has declined to review that ruling, allowing it to stand. 
It is my firm belief when this legislation, if it is passed, is 
challenged, it will, in fact, be declared unconstitutional. Because of 
that, it seems to me those of us in the Congress who respect the 
Constitution and this argument should oppose the legislation on the 
grounds that we should never pass legislation that we believe to be 
unconstitutional in the hopes that the Congress will be overruled by 
the Court and the Court will save us from the action we take.
  I reserve the remainder of the time on my side and see if anybody 
else on the other side wishes to speak.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. KENNEDY. Madam President, our vote today affects one of 
the core issues of our democracy--the right to vote. It is a 
fundamental American principle that every citizen should have the right 
to vote and to participate in our democracy. Yet the nearly 600,000 
residents of the District of Columbia have no voting representative in 
Congress. Americans give up their right to vote for Members of Congress 
when they move to the Nation's Capital. It is long past time for us to 
finally correct this basic wrong, and I commend Senators Lieberman and 
Hatch for their strong leadership on this legislation.
  The basic injustice is clear. Already this year, District of Columbia 
residents have paid over $500 million in Federal taxes. Annually, they 
have the second highest per capita tax burden in the Nation. But they 
are denied the basic right of congressional representation taken for 
granted by other taxpaying Americans.
  DC residents have fought and died to protect our Nation in every war 
in which America has participated since our Nation was founded. Since 
World War I, over 192,000 residents of the District of Columbia have 
served in our Armed Forces, and more than 1,600 DC residents have given 
their lives in service to our Nation. Since the start of the current 
wars in Iraq and Afghanistan, nearly 3,000 DC residents have been 
deployed in those countries and dozens of DC residents have been 
wounded or killed. There is no reason to deny representation in 
Congress to these patriotic veterans.
  I have long been a strong supporter of DC representation in Congress. 
In 1978, the District's nonvoting Delegate in the House, Walter 
Fauntroy, our Senate majority leader, Robert Byrd, and I worked with 
many others to pass a constitutional amendment to extend full voting 
rights to Americans living in the Nation's Capital. Congress passed 
that constitutional amendment, but too few States ratified it, and it 
never took effect.
  Although I strongly supported that constitutional amendment, I do not 
believe that a constitutional amendment is the only valid option. In 
1978, we were following the precedent of the 23rd amendment, which was 
approved by Congress in June 1960 and was ratified by the States in 
March 1961 and which gave citizens of the District of Columbia the 
right to vote in Presidential elections. At the time, there was little 
opposition in the House to the amendment giving the District 
congressional representation, and the Republican leaders in the Senate 
actively supported it. It passed the House by a vote of 289 to 127. The 
Senate passed it by a vote of 67 to 32, narrowly above the two-thirds 
majority required for a constitutional amendment. Needless to say, we 
were deeply disappointed by the failure of the States to ratify the 
amendment, and that failure planted the seeds for the serious 
consideration now of the statutory option for achieving the goal.
  As the House and Senate hearings on the current bill make abundantly 
clear, the Constitution's District clause provides a valid means for 
acting by statute to grant citizens of the

[[Page 5428]]

District of Columbia the right to vote in the House of Representatives. 
In testimony on the bill, numerous constitutional scholars have 
explained that article I, section 8 of the Constitution grants Congress 
the authority ``to exercise exclusive Legislation, in all Cases 
whatsoever, over'' the District of Columbia. The Supreme Court has 
ruled that Congress's exclusive authority over the District of Columbia 
is broad and ``national in the highest sense.'' O'Donoghue v. United 
States, 289 U.S. 516, 539-40, 1933.
  Madam President, at this very moment as the Senate debates whether DC 
citizens deserve a vote in Congress, many brave Americans born in the 
District of Columbia are fighting for democracy in Iraq. If we are for 
democracy in Iraq and Afghanistan, we cannot oppose democracy in the 
District of Columbia. If we believe in the principles of ``one person, 
one vote'' and government by the consent of the governed on which our 
Nation was founded, we must support this bill.
  I urge my colleagues to vote for cloture on the motion to proceed to 
this long overdue legislation and to support final passage of the bill 
so that we can finally correct this historic wrong.
  Mr. BAUCUS. Madam President, I rise today to discuss the District of 
Columbia House Voting Rights Act.
  This legislation, if passed, is an unprecedented action. For the 
first time in history, Congress will grant the District of Columbia a 
voting seat in the U.S. House of Representatives. For decades, citizens 
of the District of Columbia have fought for their right to vote in 
Congress.
  But this legislation sets precedence in another way. The bill we 
discuss today does not provide merely one additional seat in the House 
of Representatives. It adds two. The second seat is given to Utah.
  For the first time in history, Congress will specifically set out in 
legislation an additional seat in Congress for an existing State.
  This measure is included in this bill not because of the belief that 
the people of Utah are in the same position as those living in the 
District of Columbia. Instead, this additional seat is included in the 
legislation in an effort to balance the supposed political makeup of 
the two new districts--one Republican and one Democratic.
  I do not support the reasons behind this second additional seat, and 
thus, I cannot vote in support of this bill.
  The State of Utah failed to obtain an additional seat in the last 
apportionment by a narrow margin. Many in the State felt the 
reapportionment was unfair. In fact, the State of Utah took its 
argument all the way to the U.S. Supreme Court but lost that battle in 
court.
  But Utah is not unique. The people of the State of Montana can 
relate. Mr. President, I would like to share with you today Montana's 
story.
  In the 1910 reapportionment, with a population of 243,000, Montana 
gained an additional seat in the House of Representatives, for a total 
of 2 seats. But 80 years later following the 1990 census, 8 States 
gained a total of 19 additional seats in the House of Representatives, 
and 13 States lost an equal number.
  Montana was one of those States. With a population of over 800,000, 
Montana lost 1 seat, reducing its voice in the House in half. Losing 
this seat established the State of Montana as the largest single 
congressional district in the United States.
  In 1990, the average size of the 435 congressional districts was 
572,466 people. From 1910 to 1990, Montana's population increased by 
563,000 people roughly the size of a modern congressional district.
  Yet in 1990, Montana lost a congressional seat. In fact, if Montana 
had retained its two districts, each would have been closer to the 
ideal, average district size than the single congressional district.
  The State of Montana--just like Utah--sued the U.S. Department of 
Commerce, asserting the reapportionment was unconstitutional. A three-
judge district court panel ruled in favor of the State of Montana. The 
district court held that the principle of equal representation for 
equal number of people as applied to State districting by the U.S. 
Supreme Court in 1964, should also be applied to the apportionment of 
seats among the States.
  The U.S. Government appealed the decision. On March 2, 1992, the U.S. 
Supreme Court held oral arguments on the case. I attended the oral 
arguments, sitting behind then-attorney general for Montana Marc 
Racicot, as he argued on behalf of the State of Montana.
  Unfortunately, the Supreme Court reversed the district court 
decision, upholding the reapportionment and Montana's lost seat.
  The people of Montana accepted that fate and patiently waited for the 
next reapportionment, hoping to obtain the second seat Montana lost 10 
years earlier. Early estimates were promising. The 1995 projection for 
2000 census estimated that Montana would regain its second seat.
  However, Montana came up short in the 2000 census. Though Montana's 
population grew by 12.9 percent, nearly matching the national rate, 
Montana's congressional representation remained the same. In fact, the 
State came up only 8,000 people short of the number needed, just nine-
tenths of 1 percent of the State's population. Only Utah missed gaining 
another seat with a narrower margin.
  Marc Racicot, then-Governor of Montana in 2000, said the unfairness 
of having such a large district was obvious. The ability of one person 
to represent over 900,000 is substantially strained, he said.
  Today, the State of Montana remains the single most populated 
congressional district in the United States, at a population over 
947,000--far larger than the average population per district of 
625,000.
  But mere population doesn't tell the whole story.
  The State of Montana is the fourth largest State in the country. With 
over 145,000 square miles, Montana is bigger than the District of 
Columbia, Maryland, Virginia, and North Carolina combined. It is larger 
than all of New England.
  Though Montana may not be the biggest congressional district based on 
land mass--Alaska has us beat--Montana's population is spread out more 
evenly across the State's vast area. Billings, Montana's largest 
``city,'' only just recently surpassed 100,000 people.
  In Montana, we don't distinguish between rural and nonrural. Rural is 
a matter of degree, as it compares to an increasingly more urban and 
suburban Nation.
  This bill should be about the District of Columbia and the merits of 
awarding the taxpayers of the District their right to vote in Congress. 
Indeed, the bill itself is called the District of Columbia House Voting 
Rights Act. But to strike a political deal to maintain the status quo 
in the Halls of Congress is something I cannot support.
  The PRESIDING OFFICER (Mr. Udall of Colorado.) The Senator from 
Connecticut.
  Mr. LIEBERMAN. Mr. President, I say to my friend from Arizona, Mr. 
Kyl, that Senator Durbin, the senior Senator from Illinois, is on his 
way to speak for 5 minutes. Senator Kyl has raised some important 
constitutional questions. I spoke to them briefly in my opening 
statement. Senator Hatch spoke at more length. It will undoubtedly 
consume a great deal of discussion, assuming we invoke cloture when we 
vote in approximately 15 minutes. I will wait to respond until then and 
remind my colleagues, of course, that on the constitutional question, I 
think it is at least arguable--I believe it is more than arguable. I 
believe the proposal before the Senate today is clearly constitutional 
and has been acknowledged as such by a wide array of experts--left, 
center, right--but that will be determined by the Chamber.
  I remind my colleagues what we are voting on today is whether we are 
going to take up this bill. The basic reality is that a grave injustice 
has been done to the residents of this District. Mr. President, 600,000 
Americans do not have voting representation in Congress just because 
they happen to live in our Nation's Capital, the only democracy in the 
world where that is so. It is an

[[Page 5429]]

embarrassment. I think my friends who oppose this bill agree; we just 
disagree on the constitutionality of this proposal.
  I ask everyone, please vote for cloture. Let's at least give the 
residents of the District their day in the Senate and hopefully we will 
go on to enact this legislation. But this bill certainly at least 
deserves to be debated.
  I reserve the remainder of the time on our side.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. KYL. Mr. President, I understand the time on the Democratic side 
has expired, but when Senator Durbin arrives, I will yield him 
Republican time to make his statement, if he would like to do that.
  Mr. LIEBERMAN. I thank my friend for his generosity.
  Mr. KYL. In the meantime, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. 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, it is my understanding there is a vote 
scheduled for 11:15 a.m.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. DURBIN. I don't know if any time has been allotted between now 
and 11:15.
  Mr. LIEBERMAN. Mr. President, I say to the Senator from Illinois, we 
actually used all our time. Senator Kyl graciously offered the Senator 
from Illinois the final 5 minutes of their time.
  The PRESIDING OFFICER. The Senator from Connecticut does have 1 
minute remaining.
  Mr. LIEBERMAN. One minute of mine and four of his.
  Mr. DURBIN. I thank my gracious colleagues.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, the Senate is debating whether to have a 
vote this week on a very important bill called the District of Columbia 
House Voting Rights Act of 2009. This bill would finally give voting 
rights to the people of the District of Columbia after 200 years. I am 
a cosponsor and supporter of this measure; I have been since the 
earlier days of my service in the House.
  I find it unimaginable in modern America that 600,000 Americans have 
no voice and no vote in the U.S. Congress. It is a fact. It reflects 
decisions made long ago about whether the District of Columbia and its 
residents would be represented in Congress. There is a good reason they 
should be.
  The right to vote is one of the most fundamental in the United 
States. Over a century ago, the Supreme Court called the right to vote 
``a fundamental political right'' and a right that is ``preservative of 
all rights.''
  It is unconscionable that we would ask the men and women in the 
District of Columbia to fight and risk their lives so the people of 
Iraq and Afghanistan have the right to vote, but we do not extend that 
same right to the citizens of the District of Columbia.
  Seven DC residents have died on the battlefields of Iraq and 
Afghanistan: SPC Darryl Dent, LCpl Greg MacDonald, MAJ Kevin Shea, LTC 
Paul Kimbrough, CPT Darrell Lewis, SGT Randy Lewis Johnson, Jr., and 
SPC Keisha Marie Morgan. They were unable to fully participate in 
democracy in the town from which they came.
  Opponents of the DC voting rights bill say they have constitutional 
concerns. They point to language in the Constitution that says the 
House of Representatives will be composed of Members chosen by ``the 
people of the several States.'' They argue that the District of 
Columbia is a district, not a State.
  I do not think that is a strong argument. Our Federal judiciary has 
long treated the District of Columbia as a State for many purposes. For 
example, DC residents pay Federal income tax, serve on Federal juries, 
and register for Selective Service. Why should the right to vote be 
different?
  Do opponents of DC voting rights believe that residents of America's 
Capital City should bear the full responsibilities of citizenship but 
not deserve the full rights of citizenship?
  It is not just Democrats who believe the DC voting bill is 
constitutional. Many prominent Republicans agree. I am pleased that a 
half dozen of my Senate Republican colleagues have voted in the past 
for this bill. Listen to the words of conservative constitutional 
scholar Kenneth Starr. It is not often I have quoted him. He is not 
someone with whom I frequently see eye to eye. He coauthored a 
Washington Post op-ed and said:

       There is nothing in our Constitution's history or its 
     fundamental principles suggesting that the Framers intended 
     to deny the precious right to vote to those who live in the 
     capital of the great democracy they founded.

  I conclude by saying that I have served in the Senate now for a 
little over 12 years and the House 14 years before. I have seen the 
Congress treat the District of Columbia many times in a way that I 
found unacceptable, sometimes embarrassing. There are many Members of 
Congress whose obvious lifelong ambition is to serve as the mayor of a 
city--they cannot wait to be the Mayor of the District of Columbia--by 
the laws we pass on the floor of the House and Senate. We have denied 
to these people a voice in that process. We have made basic and 
fundamental decisions for the residents of this city which many of us 
never would have imposed on the city we represent. But they have been 
used as a laboratory for political debate and political experiment.
  It is time that the people of this great Capital City have a voice in 
the Halls of Congress, at least in the House of Representatives. This 
bill is an important step forward in extending the opportunity for 
participation in our democracy and the opportunity for freedom. In this 
21st century, we can do no less. I hope the new day, the change we are 
seeing in America, will be seen in the District of Columbia soon when 
they are given the right to have a voice in the Congress.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, if I may, before the vote goes off, I 
simply wish to note that in addition to the names I indicated in my 
opening statement who are cosponsors of S. 160, Senator Specter of 
Pennsylvania and Senator Schumer of New York have also joined.
  And on behalf of my colleagues, I would note the presence in the 
Chamber and welcome the Honorable Mayor of the District of Columbia, 
Adrian Fenty, and the honorable and eloquent and aggrieved Delegate 
from the District, Eleanor Holmes Norton.
  I yield the floor.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order and pursuant to rule 
XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will state.
  The assistant 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 motion to 
     proceed to S. 160, the District of Columbia House Voting 
     Rights Act of 2009.
         Harry Reid, Joseph I. Lieberman, Richard Durbin, Charles 
           E. Schumer, Christopher J. Dodd, Benjamin L. Cardin, 
           Edward E. Kaufman, Mark Udall, Daniel K. Inouye, 
           Michael F. Bennet, Mary L. Landrieu, Mark L. Pryor, 
           Sheldon Whitehouse, Roland W. Burris, Patty Murray, 
           Bernard Sanders, Thomas R. Carper.

  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 
motion to proceed to S. 160, the District of Columbia House Voting 
Rights Act of 2009, shall be brought to a close? The yeas and nays are 
mandatory under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Iowa (Mr. Harkin) and

[[Page 5430]]

the Senator from Massachusetts (Mr. Kennedy) are necessarily absent.
  I further announce that, if present and voting, the Senator from Iowa 
(Mr. Harkin) would vote ``yea.''
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from South Carolina (Mr. DeMint).
  Further, if present and voting, the Senator from South Carolina (Mr. 
DeMint) would have voted ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 62, nays 34, as follows:

                      [Rollcall Vote No. 65 Leg.]

                                YEAS--62

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

                                NAYS--34

     Alexander
     Barrasso
     Baucus
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Byrd
     Chambliss
     Coburn
     Corker
     Cornyn
     Crapo
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     Martinez
     McCain
     McConnell
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Vitter
     Wicker

                             NOT VOTING--3

     DeMint
     Harkin
     Kennedy
  The PRESIDING OFFICER. On this vote, the yeas are 62, the nays are 
34. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  The clerk will report the bill.
  The assistant legislative clerk read as follows:

       A bill (S. 160) to provide the District of Columbia a 
     voting seat and the State of Utah an additional seat in the 
     House of Representatives.

  The Senate proceeded to consider the bill (S. 160) to provide the 
District of Columbia a voting seat and the State of Utah an additional 
seat in the House of Representatives, which had been reported from the 
Committee on Homeland Security and Governmental Affairs, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

                                 S. 160

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``District of Columbia House 
     Voting Rights Act of 2009''.

     SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL 
                   DISTRICT.

       (a) Congressional District and No Senate Representation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the District of Columbia shall be considered a 
     congressional district for purposes of representation in the 
     House of Representatives.
       (2) No representation provided in senate.--The District of 
     Columbia shall not be considered a State for purposes of 
     representation in the United States Senate.
       (b) Conforming Amendments Relating to Apportionment of 
     Members of House of Representatives.--
       (1) Inclusion of single district of columbia member in 
     reapportionment of members among states.--Section 22 of the 
     Act entitled ``An Act to provide for the fifteenth and 
     subsequent decennial censuses and to provide for 
     apportionment of Representatives in Congress'', approved June 
     28, 1929 (2 U.S.C. 2a), is amended by adding at the end the 
     following new subsection:
       ``(d) This section shall apply with respect to the District 
     of Columbia in the same manner as this section applies to a 
     State, except that the District of Columbia may not receive 
     more than one Member under any reapportionment of Members.''.
       (2) Clarification of determination of number of 
     presidential electors on basis of 23rd amendment.--Section 3 
     of title 3, United States Code, is amended by striking ``come 
     into office;'' and inserting ``come into office (subject to 
     the twenty-third article of amendment to the Constitution of 
     the United States in the case of the District of 
     Columbia);''.

     SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

       (a) Permanent Increase in Number of Members.--Effective 
     with respect to the 112th Congress, or the first Congress 
     sworn in after the implementation of this Act, and each 
     succeeding Congress, the House of Representatives shall be 
     composed of 437 Members, including the Member representing 
     the District of Columbia pursuant to section 2(a).
       (b) Reapportionment of Members Resulting From Increase.--
       (1) In general.--Section 22(a) of the Act entitled ``An Act 
     to provide for the fifteenth and subsequent decennial 
     censuses and to provide for apportionment of Representatives 
     in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is 
     amended by striking ``the then existing number of 
     Representatives'' and inserting ``the number of 
     Representatives established with respect to the 112th 
     Congress, or the first Congress sworn in after implementation 
     of the District of Columbia House Voting Rights Act of 
     2009''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to the regular decennial census 
     conducted for 2010 and each subsequent regular decennial 
     census.
       (c) Transmittal of Revised Apportionment Information by 
     President.--
       (1) Statement of apportionment by president.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     President shall transmit to Congress a revised version of the 
     most recent statement of apportionment submitted under 
     section 22 of the Act entitled ``An Act to provide for the 
     fifteenth and subsequent decennial censuses and to provide 
     for apportionment of Representatives in Congress'', approved 
     June 28, 1929 (2 U.S.C. 2a), to take into account this Act 
     and the amendments made by this Act. The statement shall 
     reflect that the District of Columbia is entitled to one 
     Representative and shall identify the other State entitled to 
     one representative under this section. Pursuant to section 22 
     of the Act entitled ``An Act to provide for the fifteenth and 
     subsequent decennial censuses and to provide for 
     apportionment of Representatives in Congress'', approved June 
     28, 1929 (2 U.S.C. 2a), as amended by this Act, and the 
     regular decennial census conducted for 2000, the State 
     entitled to the one additional representative is Utah.
       (2) Report by clerk.--Not later than 15 calendar days after 
     receiving the revised version of the statement of 
     apportionment under paragraph (1), the Clerk of the House of 
     Representatives shall submit a report to the Speaker of the 
     House of Representatives indicating that the District of 
     Columbia is entitled to one Representative and identifying 
     the State which is entitled to one additional Representative 
     pursuant to this section. Pursuant to section 22 of the Act 
     entitled ``An Act to provide for the fifteenth and subsequent 
     decennial censuses and to provide for apportionment of 
     Representatives in Congress'', approved June 28, 1929 (2 
     U.S.C. 2a), as amended by this Act, and the regular decennial 
     census conducted for 2000, the State entitled to the one 
     additional representative is Utah.
       (3) Additional statements and reports.--
       (A) In general.--Subject to subparagraph (B) and following 
     the revised statement of apportionment and subsequent report 
     under paragraphs (1) and (2), the Statement of Apportionment 
     by the President and subsequent reports by the Clerk of the 
     House of Representatives shall continue to be issued at the 
     intervals and pursuant to the methodology specified under 
     section 22 of the Act entitled ``An Act to provide for the 
     fifteenth and subsequent decennial censuses and to provide 
     for apportionment of Representatives in Congress'', approved 
     June 28, 1929 (2 U.S.C. 2a), as amended by this Act.
       (B) Failure to complete.--In the event that the revised 
     statement of apportionment and subsequent report under 
     paragraphs (1) and (2) can not be completed prior to the 
     issuance of the regular statement of apportionment and 
     subsequent report under section 22 of the Act entitled ``An 
     Act to provide for the fifteenth and subsequent decennial 
     censuses and to provide for apportionment of Representatives 
     in Congress'', approved June 28, 1929 (2 U.S.C. 2a), as 
     amended by this Act, the President and Clerk may disregard 
     paragraphs (1) and (2).

     SEC. 4. UTAH REDISTRICTING PLAN.

       The general election for the additional Representative to 
     which the State of Utah is entitled for the 112th Congress, 
     pursuant to section 3(c), shall be elected pursuant to a 
     redistricting plan enacted by the State, such as the plan the 
     State of Utah signed into law on December 5, 2006, which--
       (1) revises the boundaries of congressional districts in 
     the State to take into account the additional Representative 
     to which the State is entitled under section 3; and
       (2) remains in effect until the taking effect of the first 
     reapportionment occurring after the regular decennial census 
     conducted for 2010.

     SEC. 5. EFFECTIVE DATE.

       The additional Representative other than the Representative 
     from the District of Columbia, pursuant to section 3(c), and 
     the Representative from the District of Columbia shall be 
     sworn in and seated as Members of the House of 
     Representatives on the same date as other Members of the 
     112th Congress or the first Congress sworn in after 
     implementation of this Act.

     SEC. 6. CONFORMING AMENDMENTS.

       (a) Repeal of Office of District of Columbia Delegate.--
       (1) Repeal of office.--
       (A) In general.--Sections 202 and 204 of the District of 
     Columbia Delegate Act (Public Law

[[Page 5431]]

     91-405; sections 1-401 and 1-402, D.C. Official Code) are 
     repealed, and the provisions of law amended or repealed by 
     such sections are restored or revived as if such sections had 
     not been enacted.
       (B) Effective date.--The amendments made by this subsection 
     shall take effect on the date on which a Representative from 
     the District of Columbia takes office.
       (2) Conforming amendments to district of columbia elections 
     code of 1955.--The District of Columbia Elections Code of 
     1955 is amended as follows:
       (A) In section 1 (sec. 1-1001.01, D.C. Official Code), by 
     striking ``the Delegate to the House of Representatives,'' 
     and inserting ``the Representative in Congress,''.
       (B) In section 2 (sec. 1-1001.02, D.C. Official Code)--
       (i) by striking paragraph (6); and
       (ii) in paragraph (13), by striking ``the Delegate to 
     Congress for the District of Columbia,'' and inserting ``the 
     Representative in Congress,''.
       (C) In section 8 (sec. 1-1001.08, D.C. Official Code)--
       (i) in the heading, by striking ``Delegate'' and inserting 
     ``Representative''; and
       (ii) by striking ``Delegate,'' each place it appears in 
     subsections (h)(1)(A), (i)(1), and (j)(1) and inserting 
     ``Representative in Congress,''.
       (D) In section 10 (sec. 1-1001.10, D.C. Official Code)--
       (i) in subsection (a)(3)(A)--

       (I) by striking ``or section 206(a) of the District of 
     Columbia Delegate Act''; and
       (II) by striking ``the office of Delegate to the House of 
     Representatives'' and inserting ``the office of 
     Representative in Congress'';

       (ii) in subsection (d)(1), by striking ``Delegate,'' each 
     place it appears; and
       (iii) in subsection (d)(2)--

       (I) by striking ``(A) In the event'' and all that follows 
     through ``term of office,'' and inserting ``In the event that 
     a vacancy occurs in the office of Representative in Congress 
     before May 1 of the last year of the Representative's term of 
     office,''; and
       (II) by striking subparagraph (B).

       (E) In section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. 
     Official Code), by striking ``Delegate to the House of 
     Representatives,'' and inserting ``Representative in 
     Congress,''.
       (F) In section 15(b) (sec. 1-1001.15(b), D.C. Official 
     Code), by striking ``Delegate,'' and inserting 
     ``Representative in Congress,''.
       (G) In section 17(a) (sec. 1-1001.17(a), D.C. Official 
     Code), by striking ``the Delegate to Congress from the 
     District of Columbia'' and inserting ``the Representative in 
     Congress''.
       (b) Repeal of Office of Statehood Representative.--
       (1) In general.--Section 4 of the District of Columbia 
     Statehood Constitutional Convention Initiative of 1979 (sec. 
     1-123, D.C. Official Code) is amended as follows:
       (A) By striking ``offices of Senator and Representative'' 
     each place it appears in subsection (d) and inserting 
     ``office of Senator''.
       (B) In subsection (d)(2)--
       (i) by striking ``a Representative or'';
       (ii) by striking ``the Representative or''; and
       (iii) by striking ``Representative shall be elected for a 
     2-year term and each''.
       (C) In subsection (d)(3)(A), by striking ``and 1 United 
     States Representative''.
       (D) By striking ``Representative or'' each place it appears 
     in subsections (e), (f), (g), and (h).
       (E) By striking ``Representative's or'' each place it 
     appears in subsections (g) and (h).
       (2) Conforming amendments.--
       (A) Statehood commission.--Section 6 of such Initiative 
     (sec. 1-125, D.C. Official Code) is amended--
       (i) in subsection (a)--

       (I) by striking ``27 voting members'' and inserting ``26 
     voting members'';
       (II) by adding ``and'' at the end of paragraph (5); and
       (III) by striking paragraph (6) and redesignating paragraph 
     (7) as paragraph (6); and

       (ii) in subsection (a-1)(1), by striking subparagraph (H).
       (B) Authorization of appropriations.--Section 8 of such 
     Initiative (sec. 1-127, D.C. Official Code) is amended by 
     striking ``and House''.
       (C) Application of honoraria limitations.--Section 4 of 
     D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is amended by 
     striking ``or Representative'' each place it appears.
       (D) Application of campaign finance laws.--Section 3 of the 
     Statehood Convention Procedural Amendments Act of 1982 (sec. 
     1-135, D.C. Official Code) is amended by striking ``and 
     United States Representative''.
       (E) District of columbia elections code of 1955.--The 
     District of Columbia Elections Code of 1955 is amended--
       (i) in section 2(13) (sec. 1-1001.02(13), D.C. Official 
     Code), by striking ``United States Senator and 
     Representative,'' and inserting ``United States Senator,''; 
     and
       (ii) in section 10(d) (sec. 1-1001.10(d)(3), D.C. Official 
     Code), by striking ``United States Representative or''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date on which a Representative from 
     the District of Columbia takes office.
       (c) Conforming Amendments Regarding Appointments to Service 
     Academies.--
       (1) United states military academy.--Section 4342 of title 
     10, United States Code, is amended--
       (A) in subsection (a), by striking paragraph (5); and
       (B) in subsection (f), by striking ``the District of 
     Columbia,''.
       (2) United states naval academy.--Such title is amended--
       (A) in section 6954(a), by striking paragraph (5); and
       (B) in section 6958(b), by striking ``the District of 
     Columbia,''.
       (3) United states air force academy.--Section 9342 of title 
     10, United States Code, is amended--
       (A) in subsection (a), by striking paragraph (5); and
       (B) in subsection (f), by striking ``the District of 
     Columbia,''.
       (4) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on the date on 
     which a Representative from the District of Columbia takes 
     office.

     SEC. 7. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.

       (a) Nonseverability.--If any provision of section 2(a)(1), 
     2(b)(1), or 3 or any amendment made by those sections is 
     declared or held invalid or unenforceable by a court of 
     competent jurisdiction, the remaining provisions of this Act 
     or any amendment made by this Act shall be treated and deemed 
     invalid and shall have no force or effect of law.
       (b) Nonapplicability.--Nothing in the Act shall be 
     construed to affect the first reapportionment occurring after 
     the regular decennial census conducted for 2010 if this Act 
     has not taken effect.

     SEC. 8. JUDICIAL REVIEW.

       If any action is brought to challenge the constitutionality 
     of any provision of this Act or any amendment made by this 
     Act, the following rules shall apply:
       (1) The action shall be filed in the District Court of the 
     United States for the District of Columbia and shall be heard 
     by a 3-judge court convened pursuant to section 2284 of title 
     28, United States Code.
       (2) A copy of the complaint shall be delivered promptly to 
     the Clerk of the House of Representatives and the Secretary 
     of the Senate.
       (3) A final decision in the action shall be reviewable only 
     by appeal directly to the Supreme Court of the United States. 
     Such appeal shall be taken by the filing of a notice of 
     appeal within 10 days, and the filing of a jurisdictional 
     statement within 30 days, of the entry of the final decision.
       (4) It shall be the duty of the District Court of the 
     United States for the District of Columbia and the Supreme 
     Court of the United States to advance on the docket and to 
     expedite to the greatest possible extent the disposition of 
     the action and appeal.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

         NOMINATION OF HILDA L. SOLIS TO BE SECRETARY OF LABOR

  The PRESIDING OFFICER. Under the previous order, the Senate will go 
into executive session and the clerk will report the nomination.
  The assistant legislative clerk read the nomination of Hilda L. 
Solis, of California, to be Secretary of Labor.
  The PRESIDING OFFICER. The time on this nomination will be equally 
divided until 4:30 p.m. today.
  The Senator from Washington is recognized.
  Mrs. MURRAY. Mr. President, the Senate is not in order.
  The PRESIDING OFFICER. The Senator will suspend. The Senate will be 
in order. The Senator from Washington is recognized.
  Mrs. MURRAY. Mr. President, the business before the Senate is now the 
nomination of President Obama's nominee as Secretary of Labor, U.S. 
Representative Hilda Solis.
  My colleagues on the Senate HELP Committee worked together to move 
forward Hilda Solis's nomination. I have come to the floor today to 
urge the full Senate to join me in supporting her confirmation so we 
can fill this critically important Cabinet position as soon as 
possible.
  Today, America's families are facing incredible challenges. They are 
struggling with record unemployment and a devastating economic crisis. 
They need and they deserve an advocate in the administration who is 
passionate about public service and committed to fighting for them. 
Representative Solis is that person. I want to share today a part of 
her HELP Committee testimony. If confirmed, Hilda Solis wrote that we 
have her solemn commitment to ``work hard every day to ensure that 
middle-class families do not lose hope.''
  I thank Representative Solis for her willingness to answer President 
Obama's call to serve. She has been very responsive to the questions 
that were submitted to her by the HELP Committee. She has been a 
dedicated

[[Page 5432]]

public servant, and she has an extensive public record of supporting 
working families. Moving forward on this nomination this afternoon will 
send a crucial message to working families that we understand their 
needs and that they are absolutely essential to our economic recovery 
efforts. We cannot afford to wait.
  For anyone who is unfamiliar with her background, I would like to 
share with you a little bit about Representative Solis. She was born in 
California and grew up as one of seven children. Her mother was an 
immigrant from Nicaragua. Her father worked as a farmworker, a railroad 
worker, and a Teamsters shop steward in a battery recycling plant. He 
raised his family to understand that joining a union had helped them 
secure a place in America's middle class. Her parents stressed values 
such as education and hard work, public service and commitment to 
family.
  Even though they could not afford to go to college themselves, her 
mother and father sacrificed to make sure their children would reach 
their full potential.
  With the support of her family and the help of Pell grants and 
student loans, Hilda Solis became the first in her family to graduate 
from college. Her sisters followed in her footsteps. One earned a Ph.D. 
in public health and two others became engineers. Thanks to the values 
she grew up with, Hilda Solis always worked to give back to her 
community. She has served as the director of the California Student 
Opportunity and Access Program, and as a college trustee, because she 
wanted to ensure that other students could have the same opportunity 
she did to get a college degree.
  In 1992 she expanded her service to the public arena and was elected 
to the California State Assembly. In 1994, she became the first Latino 
State senator in California. As a State lawmaker, she wrote a record 17 
laws to protect victims of domestic violence. She championed worker 
rights. She helped small businesses, and she worked to strengthen the 
economy.
  Hilda Solis's achievements and service to students, to her State, and 
to the U.S. House of Representatives are proof that anything is 
possible in America, no matter what your background is. She is an 
example of why we have to ensure that every child and every family has 
a chance to succeed. Her experience is a quintessential example of the 
American dream. I should add I feel a very close connection to her 
because her background is not that different from my own. I too am one 
of seven children of loving, committed parents who taught us that with 
hard work anything is possible in America. My family faced very tough 
times when I was young. When my dad developed MS, we depended on food 
stamps for a while. My brothers, sisters, and I all were able to go on 
for college because of Pell grants and student loans.
  Like Hilda Solis, I grew up believing that everyone can succeed if we 
give them a fighting chance. That is part of the reason why I know she 
will join me in fighting day and night for our working families in our 
struggling economy today.
  Not only is Hilda Solis the right choice to serve as Labor Secretary, 
I want to emphasize how critical it is for us to move forward and fill 
this Cabinet position. For the last 8 years, working families have felt 
like an afterthought of the previous administration. I can tell you, as 
chair of the Employment and Workplace Safety Committee, it is long past 
time for a change. I am hopeful that the Department of Labor will soon 
have a leader who stands ready to help the Department fulfill its very 
core responsibilities to America's working men and women.
  For years, I have said, if you do not invest in the growth and 
development of America's workforce, our families, our communities and 
our Nation will suffer in the long run. Now, today, with the 
unemployment at 7.6 percent, with 3 million jobs lost over the past 
year, and literally thousands of more pink slips going out every month, 
with hundreds of thousands of new unemployment insurance claims being 
filed every week, workers need an advocate in the new administration 
who will stand up for them. They need someone who believes, as I do, 
that investing in them is investing in our future. They need someone 
who believes that their Government should work for them during the good 
times and help them succeed during the hard times. They need someone 
who will be their voice in every economic recovery discussion.
  As we all work very hard to help our economy recover and grow again, 
I believe three things are very clear: First, we need to create new 
jobs and help Americans who are out of work or underemployed find 
employment that ensures they are able to stay in the middle class.
  Secondly, we need to help low-skilled and low-earning workers get the 
skills they need to find family wage jobs in healthy industries, so 
they can become part of the middle class.
  And, third, we need to make smart investments that will create jobs, 
increase worker training, and make us more productive and competitive 
in the global economy. I am confident that as Labor Secretary, Hilda 
Solis will join me in working to reach those goals.
  Our working families deserve a workforce system that is innovative, 
that is modern, and can meet the needs of the millions of unemployed 
and underemployed American workers. I am confident she is committed to 
making the reauthorization of our Nation's workforce system a top 
priority of her first year.
  I look forward to working with her to help ensure families can 
balance the competing needs of work and home by expanding job-protected 
leave and other family-friendly work policies.
  To be fully productive, workers need to know that their employers and 
their Government are doing everything they can to ensure they are safe 
and they are healthy on the job.
  Finally, I look forward to working with her to make OSHA and MSHA 
proactive agencies again where the health and the safety of our workers 
is their first priority. We have a lot of big challenges ahead of us in 
this country, but we also have a very big opportunity.
  I know that together we can help our workers access training for 21st 
century careers, including the emerging green jobs we hear so much 
about; we can help our workers balance the needs of home and careers 
and help them keep safe on the job. We can work to protect their rights 
to organize and secure a better economic future for themselves; and, 
ultimately, we can help our working families improve their quality of 
life.
  Now, more than ever, workers deserve a leader who is dedicated to 
seeing them succeed. I look forward to working with Secretary Solis and 
the Department to do that. I encourage all of our colleagues to support 
this critical nomination.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wyoming is recognized.
  Mr. ENZI. Mr. President, I want to follow the comments of the Senator 
from Washington, being the ranking member on the committee that worked 
on this nomination. I thank Senator Kennedy, Senator Murray, and other 
Senators on the committee for their help, cooperation, and due 
diligence on this matter.
  I would be remiss if I did not thank Secretary Elaine Chao for the 
effort she put in during the time she was in office. I would mention 
that she made some of the first changes to OSHA and we made the first 
change in MSHA in 28 years while she was in office. It was a very 
bipartisan effort that we made, worked on both sides of the aisle, and 
done in 6 weeks, which is a record time for any of the committees 
around here to go through the regular process. There are other things 
we need to do in both OSHA and MSHA. I hope we have a chance to work on 
that.
  I am here today to discuss the nomination of Representative Hilda 
Solis to serve as Secretary of Labor. This nomination followed regular 
order and worked through the committee process. Carefully reviewing 
nominations for Cabinet positions through the regular order is critical 
to fulfilling our

[[Page 5433]]

constitutional advice and consent obligations.
  As Senators, one of our most important responsibilities is confirming 
qualified and hopefully superior nominees to lead our executive 
agencies. In order to fulfill our responsibilities under the advice and 
consent clause properly, we have developed a process for vetting the 
President's nominees, all Presidents' nominees.
  This vetting process typically includes a committee hearing, which 
encompasses a review of the nominee's credentials; a background check 
to screen for conflicts of interest, often related to financial 
holdings or associations with outside groups; followed by a markup and 
floor consideration, which is what we are doing today.
  I am pleased that we are proceeding in this fashion with respect to 
the nominee for the Secretary of Labor. Representative Solis has a 
diverse background and a compelling personal story. Her life is one 
that epitomizes the American dream. Her dedication to public service is 
admirable, and it should serve as an example to young people 
everywhere.
  Once confirmed, as chief Labor official, she is charged with 
overseeing job training programs, private pension plans, veterans 
employment and training issues, protecting America's workers' 
occupational safety and health, as well as ensuring mine safety and 
health, to name a very few of the things.
  The Labor Secretary manages an annual budget of approximately $53 
billion and nearly 17,000 full-time employees. Unfortunately, based on 
my review of her background, I am concerned about a lack of management 
experience that is needed to meet the demands of the job, even though I 
recognize that it is the President's prerogative in selecting his 
Cabinet.
  In reviewing this nomination, we followed the same due diligence and 
background check that we follow for all nominees in both this 
administration and the previous administration. Unfortunately, we were 
not able to act on this nomination for over a month because the nominee 
had numerous errors and omissions in the documents she filed with the 
committee in her application, as well as the financial disclosures to 
the House of Representatives, going back several years, and the Office 
of Government Ethics.
  Because of these errors, we had to reconstruct her application and 
her financial statements to remove the possibility of any conflict of 
interest. If we had not faced these paperwork problems, we probably 
would have been able to vote on her nomination in January.
  One of the conflict of interest issues that concerns me most is 
Representative Solis's position as a treasurer, a position with 
fiduciary responsibilities, of a 501(c)(4), a not-for-profit lobbying 
firm. As an accountant and the coauthor of the Sarbanes-Oxley Act, I 
can assure my colleagues that there is no such thing as an ``honorary'' 
treasurer of a 501(c)(4) organization that lobbies Congress. So-called 
``honorary'' positions are reserved for board of director positions on 
501(c)(3) charitable organizations but not positions with a fiduciary 
responsibility, such as treasurers or general counsels for 501(c)(4) 
groups.
  I was also deeply troubled to learn that this entity has filed 
lobbying disclosure paperwork with the House of Representatives that 
shows it lobbies in support of bills that Representative Solis 
cosponsored and in which she would be involved as the top Labor 
official in the executive branch.
  To address these concerns, I have obtained from Representative Solis 
a sworn affidavit that she has no check-writing or signing authority as 
treasurer for this 501(c)(4) entity, nor does she have any control over 
the ability to control this entity's expenditures for campaign ads. 
This affidavit goes a long way to showing that no conflict of interest 
appears to have taken place.
  In addition, the entity has filed amended filings with the Federal 
Election Commission that do not list Representative Solis as being 
responsible for any monies going toward the campaign ads.
  To avoid any future conflict of interest, I hope and expect that 
Speaker Pelosi will immediately amend the House ethics rules to 
prohibit Members of Congress from serving in a position of fiduciary 
responsibility for 501(c)(4) board organizations. It is a blatant 
conflict of interest, not allowed in the Senate, and the House of 
Representatives should prohibit it immediately.
  Additionally, the press recently reported that there were unpaid tax 
liens related to Representative Solis's husband's small auto repair 
business. It now appears that all of the outstanding liens are paid, 
and all of them were her husband's liens. I have obtained a letter from 
the County of Los Angeles treasurer and tax collector verifying that 
the county liens have been released.
  My staff also held a conference call with officials from the State of 
California and received word that all outstanding state liens have been 
released. Of equal importance, I am concerned that Representative Solis 
simply failed to fully respond to a host of very basic labor policy 
questions posed at the committee in the hearing and in writing.
  The nominee dodged legitimate questions relating to the Employee Free 
Choice Act, right-to-work laws, employment standards, and overtime 
regulations, to name a few. This is not a nomination for a judicial 
position where a nominee quite understandably should not be expected to 
respond to hypotheticals involving cases that might come before her. 
This is a policy post, and policy questions deserve full answers from 
any nominee. I am disappointed that we did not receive them, and 
equally disappointed that her reticence to discuss them precluded us 
from having a more thoughtful and necessary discussion of her views.
  I was very disappointed when President Obama issued an executive 
order that discriminates against the 94.7 percent of the construction 
workers in Wyoming who are nonunion members, and 84.4 percent of 
construction workers nationwide. The order reverses the Bush policy of 
neutrality on Government contracts and instead encourages agencies to 
require their private contractors to engage in collective bargaining 
agreements on contracts of $25 million or more. During the confirmation 
proceedings, I asked the nominee whether she would support the neutral 
Bush policy. Her response was that she had not studied it nor 
participated in discussions about repealing it. Now that it has been 
repealed, I hope she will study the issue closely and urge the 
administration not to further expand the executive order to smaller 
contracts.
  I am very concerned that the administration is choosing to limit 
access to good construction projects at a time when construction 
unemployment is extremely high and a tremendous amount of taxpayer 
dollars is being spent on building projects. In many communities, the 
only construction projects bid on may well be Federal and not be 
restricted to 15.6 percent of construction workers who are unionized. 
This policy excludes many small and local contractors and also 
disadvantages women and minority employees who are less likely to be 
union members. Reserving the spoils of the stimulus bill for large 
unionized contractors seems to me the exact wrong policy for the 
current economic crisis. I hope Secretary Solis will take a careful 
study of these concerns and advise the administration that a neutral 
policy achieves the most equitable result and, even more importantly, 
will ensure that taxpayers get the most for their money.
  Finally, I would also like to mention that prior to her hearing, 
Representative Solis and I discussed the Workforce Investment Act and 
how we need to reauthorize it immediately. I have been working on that 
for about 4 years, and we passed it unanimously through the Senate 
before, and it would train 900,000 workers for higher skilled jobs. I 
do not understand why we cannot get it through both bodies and get it 
conferenced and get it enacted. Instead of training people to get 
higher skilled jobs, we keep sending the jobs over to India and China 
and other places. So at a time when our economy is being challenged to 
create jobs that will bolster

[[Page 5434]]

our infrastructure and our competitive edge in the 21st century, the 
skills of our workforce have not kept pace. We cannot afford to 
overlook the importance of providing lifelong access to quality 
education and training in our workforce. That is why I strongly believe 
we must renew and improve the Workforce Investment Act. Governors from 
States all over ask for more flexibility so they can actually use the 
money in that act. That is a law that would help provide American 
workers with the skills necessary to compete in the global economy.
  I look forward to working with Representative Solis in her new 
Cabinet position as Secretary of Labor, and her staff, on this and many 
other labor and economic issues facing our country.
  I know Members of the Senate are anxious to have a permanent Labor 
Secretary in place. I am too. It took longer than I would have liked to 
complete the necessary vetting, and, again, I wish to thank all my 
colleagues for their patience and help in allowing us to work through 
the regular order to ensure we fulfill our duties under the 
Constitution. Now that we have done our due diligence, we can move to 
have this nomination confirmed.
  Mr. President, I ask unanimous consent to have printed in the Record 
the following documents: the affidavit from Representative Solis 
stating she did not have check-signing authority for American Rights at 
Work or control of their lobbying or campaign expenditures; and a 
statement from the Los Angeles County treasurer and Tax Collector's 
office stating that all liens relating to Representative Solis' 
husband's small business have been released.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                       Declaration of Hilda Solis

       1. My name is Hilda Solis.
       2. From 2004 to 2007 I served as a board member and the 
     treasurer of the nonprofit organization American Rights at 
     Work (ARW).
       3. At no time did I have authority to sign checks or make 
     expenditures on behalf of ARW.
       4. At no time did I control or have the ability to control 
     ARW's lobbying or campaign expenditures.
       I declare under penalty of perjury that the foregoing is 
     true and correct. Executed on February __, 2009, in 
     Washington, DC.
                                  ____

                                            County of Los Angeles,


                                  Treasurer and Tax Collector,

                               Los Angeles, CA, February 10, 2009.
       To Whom it May Concern: A search of our records reveals 
     that all unsecured property taxes due as of February 10, 
     2009, have been paid in full and the associated liens filed 
     in connection with the following names have been released:
       Sams Fore Lessee
       Sayyad, Sam
       Sayyad, Sam DBA Sam's Auto Center
       There were no liens filed by the Tax Collector under Sam's 
     Foreign and Domestic Auto.
       Should you need any further information, please contact me 
     directly at (213) 893-7968.
           Very truly yours,
     Mark J. Saladino,
       Treasurer and Tax Collector.
     Kathy Waters,
       Operations Chief, Revenue and Enforcement Division.

  Mr. ENZI. I thank the Presiding Officer and I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, I would like to speak 6 or 7 minutes as 
in morning business, but I also would like to ask--if there is nobody 
on the other side of the aisle who would intervene--if I could have 
another 15 minutes after this time. I do not wish to take advantage of 
anything, but if they do not know of any other people from the 
Democratic Party who wish to speak, I would like to speak longer. But 
right now I ask unanimous consent for 6 or 7 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Iowa.
  Mr. GRASSLEY. I forget. This is for my first 5 or 6 minutes?
  The PRESIDING OFFICER. The Senator from Iowa is correct.
  Mr. GRASSLEY. I thank the Chair.
  (The remarks of Mr. Grassley are printed in today's Record under 
``Morning Business.'')
  Mr. GRASSLEY. Now, Mr. President, if I could proceed to that other 
speech. If there are people from the other party, from the majority 
party, who come to the Chamber, I will be glad to yield the floor at 
the time of their appearance.
  (The remarks of Mr. Grassley pertaining to the introduction of S. 458 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')

                          ____________________




                                 RECESS

  Mr. GRASSLEY. Mr. President, I ask unanimous consent the Senate stand 
in recess under the previous order.
  There being no objection, the Senate, at 12:28 p.m., recessed until 
2:15 p.m. and reassembled when called to order by the Presiding Officer 
(Mr. Carper).
  The PRESIDING OFFICER. The Senator from Washington is recognized.

                          ____________________




NOMINATION OF HILDA L. SOLIS, OF CALIFORNIA, TO BE SECRETARY OF LABOR--
                               Continued

  Mrs. MURRAY. Mr. President, we are on the Solis nomination this 
afternoon.
  I ask unanimous consent that the following Senators on our side be 
recognized to speak: Senator Menendez for 10 minutes, Senator Sanders 
for 15 minutes, Senator Dodd for 15 minutes, and Senator Boxer for 10 
minutes.
  The PRESIDING OFFICER. To speak in that order?
  Mrs. MURRAY. No. These Senators requested that time, and we will go 
back and forth in the usual fashion.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from New Jersey is recognized.
  Mr. MENENDEZ. Mr. President, I rise today to give my strong support 
to President Obama's choice to lead the Department of Labor.
  It is hard to stress enough how urgent it is for us to have a Labor 
Secretary at work in the face of this economic crisis: 3.6 million 
Americans have lost their jobs since this recession began in December 
of 2007--almost 600,000 in the last month alone--workers are losing 
their health care, their pensions, and their life savings.
  The American men and women who have been damaged the worst by the 
financial crisis we have had--the worst financial crisis in 
generations--need full unemployment benefits to carry their families 
through this period of transition and the benefit of job training to be 
able to meet the challenges of the 21st century economy.
  Those who still have a job to go to every day need a champion for 
their rights and their safety. As the American people struggle through 
these difficult economic times, it is more important than ever to have 
a fully functioning and fully staffed Department of Labor.
  At this moment, we need a Secretary of Labor who believes workers 
should not be intimidated when they try to organize. We need a 
Secretary of Labor who believes that after decades of stagnation, it is 
time for wages to rise. We need a Secretary of Labor who believes it is 
not acceptable for women to make 78 cents for every dollar a man earns, 
for African Americans to earn 80 cents and Latinos to earn 68 cents for 
every dollar their white counterparts earn.
  Some will argue that a recession is an inconvenient time to pay 
workers a fair wage or to protect them from exposure to dangerous 
chemicals because the economy will suffer under the weight of 
additional benefits or rights for employees. We need a Secretary who 
understands how false that argument is.
  For 8 years, we have seen administration policies punish workers for 
their efforts and treat their rights in a way that ultimately can't 
sustain their hopes, dreams, aspirations, and their families.
  The Bush administration virtually gutted the Department of Labor, 
drastically cutting its budget, choosing instead to trust CEOs and big 
business to look after the welfare of workers. In 8 years, the 
Department issued only one worker safety rule on its own accord. While 
the Department was neglecting to address safety in the workplace, it 
focused its attention on helping corporate interests weaken the rules 
for

[[Page 5435]]

overtime compensation. After 8 years, we have seen who actually 
benefits from these policies: No one.
  We now know that being pro-labor is pro-economic growth. We know a 
rising tide of wages can lift the ships of business as well, as 
American workers are also the customers who purchase our products and 
services. It is time we acted on a clear principle: An economy that 
works is an economy that works for everyone.
  I can think of no one better to take up the challenge than Hilda 
Solis. She has the best interests of American workers in her heart and 
her blood. She is the daughter of union workers, the first in her 
family to go to college. I had the privilege of serving with her in the 
House of Representatives. She has served the people of southern 
California in Congress for 8 years, not just advocating for their 
rights but for recovery, not just expanded help for workers but 
creating jobs to expand the workforce. She knows that with the right 
investments, we will fuel the creation of millions of green jobs, bring 
down energy costs and end our dependence on foreign oil.
  She has won friends on both sides of the aisle, and even when they 
don't agree with her on every issue, they cannot help but respect her 
work ethic, her intelligence, and her integrity. I know very much so 
that she is eminently capable to lead the Department of Labor. Also 
people throughout the country cannot help but admire history in the 
making. Hilda Solis would be the first Latina to hold the position of 
Secretary in a President's Cabinet. That is incredibly powerful for 
young Latinas across this country, a growing part of America's 
population who will look to a Hilda Solis and say that in fact 
everything is possible.
  I look forward to voting to confirm her today because America's 
workforce and our economy cannot afford to wait.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Florida is recognized.
  Mr. MARTINEZ. Mr. President, I thank the Senator from New Jersey for 
supporting the nomination of Hilda Solis to be President Obama's choice 
to lead the Department of Labor. I too rise in support of this 
nomination. Having served in a President's Cabinet myself and gone 
through this arduous and difficult process of confirmation, I adhere to 
the principle that a President should get the right to nominate his 
Cabinet and should have the opportunity to name the people he chooses 
to work with. It is, obviously, up to the Senate to confirm and ratify 
those nominations but, assuming qualifications, it is something that 
ought to be forthcoming.
  I may have some policy differences with the nominee. I am sure that, 
from time to time, we may look at the world a little differently. I am 
sure I do not endorse everything my dear friend and colleague just said 
about the prior 8 years punishing workers and things of that nature. 
But I do believe it is important that we come together to recognize a 
fine American. Having looked at Congresswoman Solis's record, and the 
testimony before the Health, Education, Labor and Pensions Committee, 
and her answers to the committee's questions, I am satisfied that she 
carries the qualifications and will serve the Department of Labor with 
great distinction as Secretary.
  Congresswoman Solis graduated from California State Polytechnic 
University in Pomona and earned a Master's in Public Administration 
from the University of Southern California.
  She worked in the White House for President Carter in the Office of 
Hispanic Affairs, and was later appointed as a management analyst with 
the Office of Management and Budget in the civil rights division.
  As a member of the California State Senate back in 1996, she led a 
successful effort to raise the State's minimum wage from $4.25 to $5.75 
an hour.
  As U.S. Representative for California's 32nd district, she authored 
legislation that sought to protect and improve working conditions and 
the rights of farm workers, garment workers, the construction industry, 
janitors, State and local employees, and many others.
  She authored the Green Jobs Act of 2007, an effort aimed at promoting 
job creation and renewable energy, which was signed into law as part of 
the 2007 omnibus.
  I know there is a dynamic and unique relationship between the 
executive and legislative branches. We may not always see eye to eye on 
the issues. We may modify the President's proposals significantly 
through the committee and amendment process. But we always respect each 
other's positions and priorities.
  Congresswoman Solis has demonstrated hard work and experience. Her 
life is an inspiration to many. In the areas of labor, health care, and 
the environment, she has made her mark and has done a tremendous job to 
highlight the issues and many problems throughout our country that 
urgently need attention. She has done that with competence, diligence, 
and tremendous determination. She will bring those same qualities to 
the Department of Labor as the Secretary of Labor.
  I had the pleasure of working with the prior Secretary of Labor, who 
has a relationship with the Senate--Secretary Chao. She and I served in 
the Cabinet together. She served for 8 years in that role. Sometimes we 
faced many challenges, and I am sure that upon her confirmation, Hilda 
Solis will serve with distinction as well. But she will also be faced 
with many challenges, particularly in this difficult labor environment. 
There is no question, with unemployment at record highs, and continuing 
to rise, this is the time when the Secretary of Labor will be in a 
position where leadership can emanate throughout this country.
  I urge my colleagues to support the confirmation of Congresswoman 
Hilda Solis to be the next Secretary of Labor. She will be making 
history as the first Hispanic woman to serve in a President's Cabinet. 
I understand something about that, and I look forward to working with 
her in that capacity. It is a great day for America when we can see 
that people can rise as a result of the opportunities that this country 
opens up to all those who seek them.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SANDERS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator is recognized.
  Mr. SANDERS. Mr. President, let me begin by saying that I have not 
supported all of President Obama's nominations, but I am on the floor 
today to very proudly and enthusiastically support the nomination of 
Hilda Solis to be our next Secretary of Labor.
  As a former Member of the House, I have had the honor and privilege 
of working with Congresswoman Solis on a number of very important 
issues over the years. I consider Congresswoman Solis not only an 
outstanding Member of that body but also a very good friend.
  In my view, there are very few Members of Congress who have spent as 
many years as she has in the fight to expand the middle class, in the 
fight to address the problems of poverty, in the fight to make sure all 
of our fellow Americans have health care as a right. I believe very 
strongly that Hilda Solis will make an excellent--excellent--Secretary 
of the Department of Labor.
  When I left the House and moved to the Senate, I was delighted to 
work with Congresswoman Solis to create the Green Jobs Workforce 
Training Program. This important initiative will not only lead to the 
creation of decent-paying jobs all over this country but will also help 
us combat the scourge of global warming and our dependence on foreign 
oil and help us move aggressively away from fossil fuels.
  Mr. President, as you well know, millions of Americans from 
California to the State of Vermont are caught up in the worst economic 
crisis this country has faced since the Great Depression. Our people by 
the millions are losing

[[Page 5436]]

their jobs. Our people are losing their homes. They are losing their 
health insurance. They are losing their pensions. They are losing their 
ability to send their kids to college. And perhaps most significantly, 
they are losing their hope, their belief that the American dream is 
still alive, that their kids will have at least a good, if not better, 
standard of living than our generation has.
  Millions of American workers in recent years have seen their wages go 
down, and they are working longer hours for lower wages. During the 
last 8 years, some 7 million American workers have lost their health 
care; millions are unable to find quality childcare despite the fact 
that husband and wife are both working, and they just do not know what 
to do with their kids; and millions of Americans are wondering right 
now whether the dream of a college education will, in fact, be 
available to their kids.
  What has happened over the last 8 years is, as the middle class has 
shrunk, poverty has increased, while the gap between the very wealthy 
and everybody else has grown wider. The United States of America can do 
better than that. Instead of seeing the middle class shrink and poverty 
increase, we have to see poverty go down and the middle class expand.
  The American people and the workers of this country are entitled to 
have a Secretary of Labor who will stand with them, who will be 
aggressive in fighting for the rights of workers from California to 
Vermont. The truth is that no Secretary of Labor, no matter how great 
he or she may be, is going to solve all of the important problems 
facing our country. But what working people have a right to know is 
that they will have a Secretary of Labor who, in fact, understands what 
labor is about and is on the side of working people; a Secretary of 
Labor who is committed to protecting workers throughout the country 
from unscrupulous employers who try to steal their pay and threaten 
their health and safety to pad the bottom line and enrich the CEOs on 
top. And God only knows we have seen a lot of that over the last 8 
years. For far too long, we have had a Labor Department that was more 
interested in protecting the actions of bad, unscrupulous employers 
than protecting the needs of hard-working employees. That has to 
change. When President Obama nominated Hilda Solis for Secretary of 
Labor, I think he sent a signal all over the country that that is going 
to change, that the rights of workers are going to be protected.
  There is perhaps no more challenging time to be Secretary of Labor 
than at this very moment. The problems workers are experiencing are 
enormous. But, frankly, I cannot think of any person who is more up to 
the task at hand than Hilda Solis. Her character and her work ethic are 
impeccable. Most of all, she will be a tireless advocate for working 
families throughout this country. For millions of American workers 
struggling to make ends meet, Congresswoman Solis is, indeed, a breath 
of fresh air.
  I will be strongly supporting the Secretary of Labor nominee Hilda 
Solis, and I hope all of my colleagues will as well.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DODD. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Kaufman). Without objection, it is so 
ordered.
  Mr. DODD. Mr. President, what is the business before the Senate?
  The PRESIDING OFFICER. The nomination of Hilda Solis to be Secretary 
of Labor.
  Mr. DODD. Mr. President, I rise this afternoon to speak on behalf of 
Congresswoman Hilda Solis to be our new Secretary of Labor. Before I 
begin, on behalf of all of us, regardless of which side of the 
proverbial aisle we sit on, I know we wish Senator Ted Kennedy the very 
best. He will be back in a matter of days and once again will be 
involved in the daily business of the Senate. Were he here at this 
moment, he would be adding his very strong and vibrant voice in support 
of this excellent nominee to be the new Secretary of Labor, Hilda 
Solis.
  We all know these are tough economic times. It hardly needs to be 
said. The American people are living it every minute of every day. Too 
many are facing--within minutes or hours--the loss of a job, the loss 
of a home, or the total evaporation of their retirement accounts. This 
was showcased by one family I met over the weekend in my home State. 
They saved for years and years to provide their children with the 
opportunity to get a higher education, just to see it all wiped out in 
a matter of days. And with their children reaching the cusp of higher 
education, they are left wondering what will happen. Despite all the 
commitments they had made to those children and all their efforts to 
make sure they were financially prepared, today they find themselves in 
a very different position. Unemployment is rising. Incomes are 
stagnating, while the costs of health care and housing and education 
are skyrocketing. In my State, unemployment rates have risen from 4.8 
percent in January of 2008 to 7.1 percent this past December. Every 
indication is these numbers are going to go up before they come back 
down again. Hopefully, they will come back down soon again.
  I know this evening we are all anticipating the remarks of our new 
President as he addresses the joint Houses of Congress in his first 
State of the Union Message. I have gotten to know President Obama well. 
We served together in this body. We served on two committees together, 
and we campaigned for the Presidency both with each other and against 
each other for a brief period of time. I can tell you, he is an 
optimistic, positive, confident President; a reflection of who we are 
as a people.
  This evening you are going to hear, in my view, a confident, 
optimistic President looking ahead to our future with hope, full of the 
aspirations I know we all share as Americans.
  But the difficult problems we have in front of us make the need to 
confirm a Secretary of Labor more pressing than ever. The Department of 
Labor enforces the laws and regulations dealing with fair wages and 
hours, job training, workplace safety and health standards, 
unemployment, and family and medical leave--each absolutely essential 
to a productive, healthy workforce and economy.
  Unfortunately, over the last 8 years, many of us have watched the 
Department of Labor with some concern as its focus moved away from the 
protection of employees in too many cases and focused more effort on 
protecting employers and denying workers their right to organize.
  I do not view this as the Department's role, and I know Congresswoman 
Solis does not either. It certainly was not the intention of Congress 
when it created the Department in 1913 and wrote in the authorizing 
language, and I quote:

       The purpose of the Department of Labor shall be to foster, 
     promote and develop the welfare of the wage earners of the 
     United States, to improve their working conditions, and to 
     advance their opportunities for profitable employment.

  Let me say, as an aside, the departing Secretary of Labor, Elaine 
Chao, is a good friend of mine, and I have known her for a long time. 
Of course, her husband is our distinguished minority leader. She was, I 
think, the only Cabinet officer to serve all 8 years of the Bush 
administration.
  Her job was, of course, to reflect the Bush administration's policies 
and judgments. I am not suggesting she disagreed with them, though I 
believe that from time to time she might have taken us on a different 
path, had she been in a position to solely decide what direction the 
country would go in. So when I express my disappointment over the 
direction of the Department of Labor over the last few years, I do not 
want it to reflect on the competency and the contribution Elaine made 
to our country.
  However, looking at some of the decisions of the Department of Labor 
and the National Labor Relations Board

[[Page 5437]]

under the last Administration--such as the outrageous overtime pay 
rules and the Kentucky River decisions that stripped tens of thousands 
of workers of the right to organize--I find it hard to believe they 
were made with the charter in mind that I described to you.
  At this moment of such wrenching economic turmoil, it is essential 
that the Department of Labor recommit itself to protecting the rights 
of workers, and we need a strong leader such as Hilda Solis at the helm 
to do that.
  The Department of Labor faces many challenges, not only in correcting 
what, in my view, were mistaken actions taken by the Bush 
administration but also in advancing the cause of workers' rights. One 
of the most important is the administration of the Family and Medical 
Leave Act, which will mark its 16th anniversary this month.
  Since becoming law, the Family and Medical Leave Act has helped more 
than 60 million Americans take time off to care for a newborn or 
adopted baby, to help a parent through an illness, to get better 
themselves, to keep an eye on their children, knowing that their job 
will be there when the family problem diminishes.
  I cannot think of how many occasions we have watched and supported 
one of our colleagues here in the Senate who has missed votes and 
committee hearings, for days or weeks on end, to recover from an 
illness or care for a spouse or a child who needed their attention.
  I think of my wonderful friend, the new Vice President of our 
country, and the Presiding Officer who spent years working with him. 
When tragedy struck Joe Biden's family at the outset of his Senate 
career, he spent a lot of time, as he should have, at home with his 
children, making sure they could get through that difficult time.
  He was applauded, and properly so, by his colleagues and others. No 
one ever suggested that Senator Joe Biden should not have his job back 
because he had missed work to be with his family.
  I remember Jake Garn, my good friend and a former chairman of the 
Banking Committee, who donated a kidney to one of his daughters. He 
spent days away from here in order to take care of that child and to 
get back on his feet himself. No one suggested Senator Garn of Utah had 
done anything but what a father should do in those circumstances. His 
job was never in jeopardy. His pay and his pension were not put at 
risk. Yet, prior to the passage of the Family and Medical Leave Act, 
millions of our fellow citizens struggled through similar situations 
every single day without the security that their jobs would be there 
when they came back.
  As the author of the Family and Medical Leave Act 16 years ago, I 
take as much pride in that bill as anything I have done here in 30 
years. Nothing is healthier for a family, during a time of crisis, than 
to be together. These families deserve to get the support and backing 
they need. I have worried over the past 8 years about the efforts of 
the Department of Labor to water down, to minimize, to create obstacles 
in the path of those who seek the family and medical leave protections.
  FMLA has also benefitted businesses. With lower turnover and a boost 
to morale, 90 percent of employers told the Department of Labor in 2000 
that the Family and Medical Leave Act had a neutral or positive effect 
on profits. No one should be forced in a crisis to make the impossible 
choice between work and family. Which is why I am so excited about the 
prospect of Congresswoman Solis leading the Department of Labor. She is 
a forceful advocate for working families and will bring to the job a 
genuine understanding and passion for the issues that affect families 
so deeply.
  I am also particularly encouraged by Hilda Solis's knowledge and 
enthusiasm for green job training. In the House of Representatives, 
where she served with distinction, she authored the Green Jobs Training 
Act, which will help train American workers for jobs in the renewable 
energy and energy-efficiency industries. I share her belief that the 
creation of good-paying, green-collar jobs is critical to both our 
economic and energy security.
  My own State of Connecticut is home to a number of exciting green 
energy companies, including world leaders in the design and manufacture 
of hydrogen fuel cells. I know the Congresswoman will bring her 
experience to the creation of new programs at the Department of Labor, 
within the Job Corps and elsewhere, to create a new generation of 
professionals. These programs will be critically important to our 
Nation's ability to transform and reinvigorate our economy.
  These are but a few of the many challenges that will face the 
Department of Labor in the coming days. Others include revitalizing and 
restoring the Occupational Safety and Health Administration, 
modernizing unemployment insurance, and preventing wage theft, which 
results in as many as 2 to 3 million workers not being paid minimum 
wage and millions more being denied the overtime pay that they rightly 
deserve.
  I would like to briefly conclude these remarks by addressing some of 
the issues being raised by some of my friends who have been critical 
and may, in fact, oppose this nomination. There have been questions 
about Congresswoman Solis's responsiveness to HELP Committee inquiries 
and about her work in an unpaid position on the board of a nonprofit 
workers advocacy organization. Congresswoman Solis has been very 
forthright and candid about all those issues. She has fully answered 
more than 140 questions from committee members, including 121 from my 
colleagues on the minority side.
  Congresswoman Solis is a highly respected public servant, an 
eminently qualified nominee to be Secretary of Labor, and, in my view, 
deserving of support from every Member of this body. In these 
challenging times, we need a Secretary of Labor as soon as possible. 
The workers of our country need a strong leader at the Department to 
fight for them and to protect their rights.
  Hilda Solis is that leader. I urge all my colleagues to support for 
this nomination and to vote for her when the vote occurs later this 
afternoon.
  I yield the floor.


                              The Economy

  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I thank the Senator from Kentucky for 
his leadership in the Senate. I wish to share a few remarks about where 
we are financially in our country and what we need to do about it.
  I am very pleased the President has said he intends to ensure we 
eliminate the gimmicks that obfuscate the real nature of the financial 
crisis the country has. I think we can make some real progress on that. 
He would certainly have my support for that.
  I also am pleased he has repeated publicly what he said to us Members 
of the Senate in private meetings, that he believes we have a challenge 
in these long-term entitlement programs. They are out of control, they 
are on autopilot, and they are growing at twice the rate, three or four 
times the rate sometimes, of inflation. That is the kind of expanding 
cost that cannot continue.
  I believe he is sincere about that. I look forward to working with 
him on that. But that is down the road. Let's be honest. I wish to be 
honest here. I think he is correct on both these important issues, and 
I hope we can all work together. I would say we begin to ask when can 
we begin to get a containment on spending.
  I would point out to my colleagues the nature of the deficit we are 
now facing. It is unlike anything we have ever had before. We are not 
hyping this. I am telling you what the facts are. This is a 
Congressional Budget Office chart. It shows what we have been doing. I 
would briefly go over it. In 2004, the deficit hit $413 billion. That 
was President Bush's largest deficit to date. He was severely 
criticized for it. It amounted to 3.6 percent of total gross domestic 
product. It was the largest deficit in dollar terms since World War II, 
and he took a lot of heat for that. I was unhappy myself.

[[Page 5438]]

  The next year, 2005, it dropped to $317 billion. In 2006 it dropped 
to $248 billion. In 2007 it dropped to $161 billion, which was 1.2 
percent of GDP, heading in the right direction. The next year, 2008, 
was the first full budget of the Democratic Congress, but President 
Bush was still in office at that time. He proposed last spring to spend 
$150-plus billion to send out checks to everybody to make sure we did 
not go into an economic slowdown.
  I did not think that was a good idea. I did not vote for it. Now, I 
think only about 15 of us voted no. But I think almost every economist 
now in the hearings we have had in the Budget Committee showed it had 
almost no impact on the economy. But that one expenditure almost 
doubled the deficit. Then there were some other factors that went into 
it. It ended up at $455 billion, the largest deficit in the history of 
the country. That was last September 30, when the fiscal year ended, 
the 2008 fiscal year. Last September 30, we had a $455 billion deficit, 
the largest since World War II; I think the largest in dollar terms 
ever. But what about this year? You can see that chart and how long 
that line goes for the year we are in now, September 30, $1.371 
trillion, three times-plus the amount of money we had in a deficit in 
2008, the largest deficit in history.
  It only includes about $185 billion from the stimulus package we 
passed. That is a historic event. It is not a little, bitty matter. 
That was a big event. One reason that number looks so bad--and we ought 
to talk about it so we can get a real picture of why 2009 looks so much 
worse than the other years--is because the Congressional Budget Office 
has the responsibility to ascertain how much money the Government is 
actually spending. So they score programs.
  They scored the $700 billion Wall Street bailout, the TARP money, as 
costing the taxpayers $247 billion. It will probably happen over a 
series of years, but for some reason they decided to put it fully in 
2009. Maybe that is so they can blame President Bush for it, and he 
deserves a lot of blame for it. He spent half of it. But they scored it 
all in 2009.
  Then they also calculated the amount of money they believed the 
taxpayers will absorb as a loss from our takeover of Freddie Mac and 
Fannie Mae, those mortgage agencies of huge proportion that kicked off 
the crisis. We have been bailing them out, people have not talked about 
that very much, but we have been, and they score that at $240 billion. 
They stick that in 2009.
  They assume we will spend about $185 billion out of the $800 billion 
stimulus package we passed a few weeks ago, every penny of which went 
straight to the debt because we were already in debt. Every dollar we 
spent increased the debt. So they come out with $1.371 trillion. That's 
a big deal. In 2010, they expect the deficit to be $1.1 trillion based 
on current law, more than twice as big as the biggest deficit we ever 
had in 2008. They project by 2011 we will still have about $134 billion 
unspent from the stimulus package. That plus the regular deficit will 
show us a deficit of $632 billion.
  There are a couple things I wish to say. One is, the President has 
promised to cut the deficit in half by 2013. I do not think he used the 
figure $530 billion. Somebody has used that figure, perhaps. But by 
2013 he promised he would cut it in half.
  Well, if you cut $1.4 trillion in half, that is $700 billion. From 
the normal operating expectations, as calculated by the Congressional 
Budget Office, we will have cut the deficit in half in 3 years. So that 
is going to happen. That is not a great promise to make, frankly. I 
would note the $632 billion, other than the 2 previous years, 
represents the biggest deficit in the history of the Republic. So we 
are still a long way from having financial responsibility here.
  At one of our hearings, the chairman of the Budget Committee, Senator 
Conrad, produced a New York Times article. It talked about the dramatic 
reduction in the trade surplus that China has. That is because they are 
not selling as much as they were either. It was out of that surplus 
that China was buying so many of our debt obligations. Where does the 
money come from to fund this debt? Well, just like you, you have to 
give somebody a mortgage. They give you money; you give them a mortgage 
and promise to pay it back.
  Well, China has been the biggest buyer, and Japan has been a big 
buyer. Japan is already reducing its share of Treasurys. And China 
inevitably will because they do not have as much money, even if they 
desire to buy them.
  Also, some of the oil-producing countries had bought our Treasurys. 
Oil is $40 a barrel this year instead of $140 a barrel. They do not 
have as much money to buy them either. So I asked the witness, and the 
consensus was that we are in an unusually beneficial time at this 
moment to borrow because the world is unsure financially, and they are 
willing to buy American Treasurys at 1 percent or less. But that is not 
going to continue. So during this year we are going to have to go out 
on the market and find three times as many people to buy our Treasurys 
as we did last year. Next year, we are going to have over twice as many 
Treasurys for people to buy; and the next one, a record year also. We 
are out here getting people to buy this, and they are going to demand 
higher interest, particularly if they are worried--which they probably 
will be--that one way we are going to pay back this debt is by 
deflating our currency, debasing our currency, and paying back the 
dollars in cheaper dollars than what we borrowed. Then the people who 
loan us money are going to get nervous and demand higher rates. So the 
CBO projects a significant increase in interest rates in the outyears.
  This chart I have in the Chamber I think is relevant. It gives us 
some idea of the omnibus bill we are going to be seeing rather soon. 
What we understand is that the Democratic leadership in the Congress is 
going to submit to us an omnibus bill to complete this fiscal year. On 
top of the $800 billion we passed a couple weeks ago, they are going to 
propose one of the largest increases in discretionary spending in the 
history of the Republic.
  For example, it is an 8-percent increase. This year's discretionary 
spending--in addition to the stimulus package we passed--is going to be 
an 8-percent increase. Now, those of you who know a little bit about 
interest rates know if you get a 7-percent return on your money, the 
money will double in 10 years. So I would suggest at an 8-percent rate 
increase, we are headed to more than doubling the discretionary 
spending in our country.
  This is not good. President Bush was criticized, and sometimes 
rightly so, for excessive spending. But he did not propose an 8-percent 
increase in non-defense discretionary spending any year he was in 
office. So we could expect to see, if every year we had an 8-percent 
increase in discretionary spending--it goes into the baseline each 
year, and that is more than double what the current rate is. So within 
10 years, our basic spending for all the things we do--highways, 
agriculture bills, Department of Justice, prisons--everything we do in 
America will double.
  The only thing I am asking my colleagues is--and I will ask the 
President: I like what you are saying about confronting reckless 
spending. I do. But when?
  I suggest with regard to this chart, maybe it will give us a little 
bit of an indication about the point I want to make now. Let me say 
something I believe to be a fact. I believe it is a fact that the $789 
billion we sent out 2 weeks ago as a stimulus package will never be 
saved by any actions by this Congress or this President over the next 8 
years, if he stays the President for 8 years. He will not come close to 
doing that.
  I remember a few years ago Senator Judd Gregg, then chairman of the 
Budget Committee, proposed an idea to reduce Medicare spending--one of 
these big entitlement programs--by $40 billion over 5 years. They 
worked on it for months, and they thought they could save money here, 
there, and otherwise, and they could save $40 billion. We lost

[[Page 5439]]

it on the floor. A number of Republicans voted no. I think all the 
Democrats voted no. We could not cut $40 billion out of Medicare. 
Actually, it was not a cut. Medicare was increasing at 7 percent a 
year, and the reduction would have reduced the increase to about 6.5 
percent a year. It would have saved $40 billion and would have only 
reduced the growth from 7 percent or so to 6.5 percent or so. That is 
the way I remember the numbers, and we could not pass that.
  So we have added last week's $800 billion to the debt. This idea that 
somehow in the future we are going to all have a conference and we are 
going to figure out a way to get our house back in financial order, and 
by reducing Social Security or Medicare, is a matter that is not in 
reality with what I am seeing.
  Now, we could do more than Senator Gregg proposed. He tried to get 
something he thought everybody could agree on. But we could not. I 
think you could save more, but I am saying: How much are we going to be 
able to reduce Medicare? Not that much if we are honest with ourselves. 
We are not going to be able to reduce it that much. Over 20 or 30 
years, any savings, any integrity we bring to that process can mount up 
to hundreds of billions of dollars. There is no doubt about it.
  But to think we are going to wipe out what we have done already, and 
then to see the bill come forward with the fundamental operating 
legislation for our Government that will be on the floor within a 
matter of days, and to see that be an 8-percent increase--when the 
inflation rate is--what?--2 percent or less--four times the rate of 
inflation, this is fiscal responsibility? Give me a break. I am worried 
about it.
  So I will say, as we go forward, we will listen to some of the 
President's ideas tonight. He is such a fabulous spokesman for his 
values. He is so articulate. He is going to have a lot of support here. 
He is saying some very good things. But I urge my colleagues, if you 
applaud those statements about financial responsibility, ending this 
reckless spending, ending the surge of debt, and bringing some 
financial accountability, we are going to have to stand up and vote. We 
cannot keep sending up huge discretionary spending bills. This is not a 
war. These bills do not include homeland security and the Department of 
Defense. This is the basic operating of our Government. We are going to 
have an 8-percent increase every year? Well, maybe we will not next 
year, somebody will say. Maybe we won't year 2 or 3 when we are in 
better shape. Well, when do you start? Are you sure we are going to be 
serious 2 or 3 years from now if we are not serious today? Why would we 
be more serious then than we are today?
  Words, I have learned in this body, are less important than dollars 
and action that goes out the door. So let's be thinking about that. I 
do not want to be a recalcitrant, but I have to tell you the truth. The 
truth is, I am worried about where we are going. I hear words about 
concern over rising debt that is the largest surge in debt this country 
has ever seen. But I am not sure I am seeing any actions about it.
  Combined--let me share this figure with you--the two bills, the 
omnibus spending bill we will be voting on soon and the stimulus we 
saw, means we will spend 80 percent more money in 2009 than in 2008. My 
colleagues need to know we will be spending 80 percent more money as a 
result of these huge spending programs we have seen this year, which 
includes the TARP, which includes the Freddie and Fannie bailout, and 
includes the stimulus package.
  Those are my concerns. I hope my colleagues will at least consider 
the challenges we face. They are not small. They are quite large. We 
have never seen anything like this kind of spending. It seems they are 
determined to help us work through this debt spasm we are in by 
borrowing record amounts of money. I am thinking we need to get away 
from borrowing sooner rather than later and get ourselves on a path of 
sound money.
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER. The Chair recognizes the Senator from 
California.
  Mrs. BOXER. Mr. President, what is the current order?
  The PRESIDING OFFICER. The nomination of Hilda Solis to be Secretary 
of Labor.
  Mrs. BOXER. Thank you very much, Mr. President. I am going to speak 
about Hilda Solis, someone I know very well, and someone I am very 
proud of.
  I could not help but hear the comments of Senator Sessions about this 
borrowing, and I do not know where Senator Sessions has been over the 
past 8 years, when we saw the debt go from $5 trillion to $10 trillion. 
And that was George Bush's program, supported by the Republicans. It 
went to Iraq. It went to tax cuts for the wealthiest Americans. All of 
a sudden, there is this newfound worry because we believe it is time 
the American people, who work for a living and who are struggling, get 
a hand out of this recession.
  As we will hear tonight from our new President, he understands that 
there is a time to stimulate this economy and then, of course, in the 
long term, as we Democrats did under Bill Clinton, get back to a 
balanced budget.
  Mr. SESSIONS. Mr. President, will the Senator from California yield?
  Mrs. BOXER. In a moment.
  We did it. We did it without one Republican vote. We passed the 
Clinton budget. I have the names of the Senators. I was fortunate 
enough to have a good researcher give me those. What they said when we 
passed that budget--we passed that budget under Bill Clinton because Al 
Gore, the Vice President, broke a tie. We couldn't get one Republican 
vote. And here is what they said, to a person: This budget is going to 
set us on the course of a recession. This budget is going to set us on 
the course of deficit spending. Guess what. They couldn't have been 
more wrong. That budget set us off on a course of the best economy 
known to humankind in peacetime--23 million new jobs and a balanced 
budget with a surplus. I remember looking at my children--because the 
debt was on the way down so fast at that time under Bill Clinton and 
the Democrats--and I said: What are we going to do? We can't buy 
Treasury bonds. There won't be any more. We won't have to borrow 
anymore. So it is extraordinary to me that my colleagues come up here 
now and they say: We can't spend this money.
  Yes, it is true people are hurting. My State has over 9 percent 
unemployment. There are pockets, I say to my friends, of 18 percent 
unemployment. I think the American people know there are no panaceas 
here. They know it is going to be hard. They know we may make mistakes, 
but they also know this: They want us to present hope to them--hope. 
Frankly, I wish to be associated with hope, not nope: Nope, we can't do 
this; nope, we can't do that; nope, it would be better not to do this. 
The American people--and I see what they are saying to people who ask 
them--are patient, and they know it is going to take some time. Yes, we 
may have to inject some funds into this economy because $1 trillion was 
lost out of this economy due to the recession. So yes, we are, in fact, 
injecting hope into this economy. We will pay it back. We will get back 
onto a balanced budget. We will do it in time, and we will do it 
responsibly.
  I am happy to yield to my friend without losing my right to the 
floor.
  Mr. SESSIONS. Mr. President, I thank the Senator from California for 
allowing me to interrupt. Most Senators, a lot of times, don't like to 
do that. She is a good advocate on the floor.
  I would just say that we need to get away from the political 
situation. As I showed in my chart, I would note to the Senator, the 
Bush administration had the largest debt since World War II in 2004 and 
was rightly criticized for that. After going down for 3 years, when we 
sent out the checks last year, it jumped to $455 billion, and we got 
not much for it. This is $1.3 trillion this year, $1 trillion the next 
year, $632 billion the next year, according to the Congressional Budget 
Office scoring. So I think this is a quantum leap higher than the 
deficits we saw in previous years.

[[Page 5440]]

  I know we are in a difficult time. I would just say I hope my 
colleagues will share President Obama's commitment to deal with the 
long-term structural problems we have. He is correct on that. He has a 
commitment to quit using gimmicks, which we have been using in the 
Senate too often to mask how big the deficit is. Those are good steps, 
but sooner or later we are going to need to reduce spending.
  I thank the Chair.
  Mrs. BOXER. Mr. President, I will take that as a question: Do I 
support President Obama's commitment to wrap his arms around the 
deficit and to do it with us, Republicans and Democrats? You bet I do, 
because I did it before under Bill Clinton. Unfortunately, then, we 
couldn't get one Republican vote. I praise my friend for showing the 
deficits under George Bush. I do. But I have to simply say--and this is 
a fact, this is a proven fact--that we didn't hear much from that side 
of the aisle when we had an open checkbook for Iraq. In fact, we didn't 
hear anything. They kept it open. We didn't hear much when they kept 
giving tax breaks to people who earn over $1 million, and that is what 
got us into this fix.
  Right now, as a temporary measure, yes, we are going to have to spend 
some. As I know President Obama will lay out tonight, he wants to jolt 
and jump-start this economy. We are going to do it.
  I am so proud we were able to reach across party lines in this Senate 
and get three Republicans to join us. I am so pleased that in my home 
State, we got six Republicans to join the Democrats and pass a budget 
there because when I went home--I went to Sacramento, our capital, and 
they were in deadlock. I think one of the things that helped me and 
others make the case was that we had to put party aside. We had to put 
ideology aside. We had to put egos aside. We did it with the stimulus 
bill because we only had three options there and they only had three 
options for the budget in California.
  One option is do nothing and be the party of nope instead of the 
party of hope. Do nothing. Do nothing. Well, when you do nothing, that 
is not a passive act. Doing nothing is, it seems to me, a hostile act. 
It is a hostile act on the working families of this country and of my 
State. So doing nothing, I believe, is irresponsible.
  Now, the other thing one could say in light of the stimulus or a 
budget one doesn't like is: I want to do it my way. My way or the 
highway. Here is my bill. I have written it. It is great. I have the 
perfect solution. Well, clearly, I am going to be able to write the 
perfect bill for me. My friend from Delaware can write the perfect bill 
for him. My friend from Georgia, I know he can write the perfect bill 
for Georgia. They love him there, and he would reflect everything they 
want. But at the end of the day, it doesn't work that way. That is also 
saying nope.
  So the only answer, it seems to me--the only answer--is for us to 
compromise. That is what we did on the stimulus. That is what my State 
Republicans did, six of them.
  By the way, they got censured by the party in my State. I just can't 
believe it. I just can't believe it. There was anger because they said 
they would never raise taxes and they signed a pledge. Well, you have 
to understand we are in uncharted waters with this downturn. There are 
hundreds of thousands of jobs lost every month. We all want to keep our 
pledges, but once in a while you have to look inside yourself and say: 
How can I help the people of my State?
  So I say to those Republicans here who helped us, I say to the 
Republicans at home in the State of California who helped us: Thank 
you, thank you, thank you. Because there are moments when we do have to 
take a risk in life for the greater good.
  I am looking forward to hearing the President tonight because I think 
what he is going to do--because I have watched him--he is going to give 
us an honest assessment of where we are as a nation. He is not going to 
sugarcoat where we are. He is going to tell it like it is, but then he 
is going to offer hope. He has a lot to say on that because we did get 
that first piece of the economic recovery bill through, the stimulus 
bill--very important. I think he is going to show us through the 
housing plan he has that it is going to help ordinary people. My friend 
from Georgia is here, and he worked so hard to get a tax credit in the 
stimulus bill for new home purchases. These are the kinds of things we 
need to embrace, regardless of political party. I certainly embrace it.
  Then he will talk about the banks. Speaking just for myself, I don't 
want to nationalize a bank. I really do not. If you go back to the 
Great Depression--I am reading a good book called ``The Defining 
Moment: FDR's Hundred Days.'' There was a big move not by the President 
but by a lot of people to nationalize the banks, and FDR said: No, we 
shouldn't be running the banks. So I am very hopeful that we will be 
able to do some things by converting preferred stock to common stock, 
to help get these banks on their feet and doing what they need to do, 
which is to lend.
  I have spent some time talking about our current situation, and 
needless to say, what we have seen in the past 8 years or so--and 
especially the past few years--is we have seen a real decline in the 
quality of life of our working families. Their voices have not been 
heard enough. That creates an imbalance in our lives.
  Everybody talks about the powerful unions. The unions that represent 
working men and women are representing fewer and fewer, and the voices 
of working men and women have gotten softer and softer. I think 
President Obama understands this, and he has given us a voice for 
working men and women in selecting Congresswoman Hilda Solis to be the 
Secretary of Labor.
  I wish to say to my friends who may not know Hilda as I know her--she 
is from my State and is an ally and a friend--she is one of the best 
people you will ever meet. She is one of the most humble people you are 
ever going to meet. She is one of the most intelligent people. She has 
knowledge of politics and how to get things done. She knows how to 
reach out to people who don't agree with her. She has a strong 
understanding of the struggles of working families because she has seen 
it in her district in California.
  Jobs lost since the beginning of the recession in December of 2007: 
3.6 million. Jobs lost in the last 3 months: 1.8 million. The 
nationwide unemployment rate is at 7.6 percent. In my State, it is 9.3 
percent. Long-term unemployed Americans: 2.6 million. That is why the 
stimulus was so important--to give them a little extra help getting 
through this nightmare. Underemployed Americans--that means Americans 
who are working at jobs for which they are overqualified--7.8 million 
Americans are working at jobs for which they are overqualified. So we 
can see this is not a recession that is just hitting a few pockets of 
America; it is hitting hard and it is hitting deep.
  Throughout her entire career, Congresswoman Solis has been a forceful 
advocate for working men and women in California and throughout the 
Nation.
  She was born and raised in the San Gabriel Valley in southern 
California. She was instilled with the values of hard work. Her father 
emigrated from Mexico, and he worked as a Teamsters shop steward. Her 
mother came to the United States from Nicaragua and worked at a local 
factory.
  She was the very first Latina elected to the California State senate. 
She led efforts there to pass a much needed increase in California's 
minimum wage. I can tell my colleagues this because I worked closely 
with her on this issue.
  In the 1990s, when she discovered that toxic sites were 
disproportionately located near minority and low-income neighborhoods, 
she wrote an environmental justice law to guarantee protections for 
those communities. For her dedication to this cause, she became the 
first woman ever honored with the John F. Kennedy Profile in Courage 
Award.
  She was elected to represent California's 32nd congressional district 
in the year 2000. I have worked with her very closely on many 
environmental issues, on worker issues, and it is a delight to

[[Page 5441]]

work with her. I have worked with her on veterans issues. Before she 
got tapped to be Secretary of Labor, Hilda and I sat next to each other 
on the plane, and she was telling me about an event she had where she 
holds a fair for the veterans in her community, in her district, and 
she brings together all of the various entities in the Federal 
Government that could help those veterans. This is a woman with a heart 
of gold.
  So I am confident that Hilda Solis will turn the many challenges we 
face into new opportunities for the American people. As Secretary, she 
will continue to promote policies that will invigorate our economy, 
protect our jobs, retrain our workforce. She will work for a 
sustainable energy future, which is going to mean lots of jobs and new 
technologies. She will ensure safe working conditions. She will enforce 
fairly the wage and hour laws we have on the books. We don't need more 
laws on the books; we have laws on the books for wage and hour. She 
will protect against worker discrimination. She will strengthen the 
middle class. Yet I think in her way she will make the case that people 
in the workplace should have a right to be represented. She will argue 
that. She also plans to improve skills development and job search 
assistance for unemployed workers and create new career opportunities 
for at-risk youth and our military heroes, as I mentioned.
  I am so thrilled she was picked for this job. I was very surprised 
because I had no clue President Obama was going to tap her. But when he 
did, I said to my family that this is a great choice. I think as 
Members of the Senate from both sides of the aisle get to know Hilda, 
they will soon trust Hilda. They will know they can talk to her about 
any subject, that she will listen, and that she will understand their 
point of view. After all, this is a woman who has been in elected 
office and she understands, as we all do, that there are differing 
viewpoints. She is not going to come in there and say: It is my way or 
the highway, Senator, so don't bother explaining to me. She will work 
with Senators. I know it because I have worked with her.
  If anybody needed a personal recommendation for Hilda Solis today, I 
hope they will trust me because you know me, and I don't stand up for 
every nominee, but I am so proud to stand for this one. I urge each and 
every one of my colleagues--Republicans, Democrats, Independents--to 
please support her nomination.
  I thank my friend from Georgia, who I know has been waiting. I yield 
the floor.
  The PRESIDING OFFICER (Mr. Nelson of Nebraska). The Senator from 
Georgia is recognized.
  Mr. ISAKSON. Mr. President, I rise to discuss the nomination of Hilda 
Solis to be Secretary of Labor. I do so as a Senator whose 
responsibility, constitutionally, it is to advise and consent on the 
nominees of the President. I also do so as ranking member of the 
subcommittee of the Health, Education, Labor, and Pensions Committee 
dealing with occupational safety. I will vote to confirm Ms. Solis this 
afternoon, after a great deal of study, after a lot of interaction, and 
a lot of direct conversations over issues about which Ms. Solis and I 
have different points of view.
  President Obama was elected, and it is his right to choose a Cabinet. 
It is the Senate's responsibility to give advice and consent on those 
nominees. After the due diligence and the process this nominee has gone 
through, making sure she was properly vetted, it is my belief that she 
is worthy of the appointment of Secretary of Labor of the United States 
of America. I am going to cast that vote because I will expect, as 
ranking member of the occupational safety subcommittee, the same type 
of conversation from the Secretary as we deal with some of the 
contentious issues we both know lie before us in the months and years 
ahead.
  One is card check. I am adamantly opposed to card check. I believe 
the right to a secret ballot is a fundamental right--not only at the 
ballot box in November but as to the question of whether you were 
organized and unionized in work. I know that when labor unions were 
formed and labor legislation was originally passed, it was the union 
movement that sought to ensure a secret ballot on behalf of the workers 
to make sure there was no intimidation from the company. That has 
served us well in this country for over 90 years and will continue to 
serve us for many years ahead. I know Ms. Solis differs on that, but I 
hope when the issue comes before us, she will be as respectful in the 
arguments and debates we will bring forward as she will of her own 
opinion in that regard.
  Secondly, as a Senator from the South and from the great State of 
Georgia, I am very proud of the right to work statutes of our State. It 
has served us well, as it has a number of States in this country that 
are right to work States. Those are States where an awful lot of 
manufacturing has come and been born, and even in difficult times today 
new manufacturing entities are coming to States, such as the Kia plant 
coming to La Grange, GA. I know Ms. Solis was at least equivocal in her 
response as to whether she supported the right to work status for 
States. I stand on the floor today and say unequivocally that I support 
them, and I support my State of Georgia and the right to work of all of 
its workers.
  With those points made, Ms. Solis's reputation and record and the 
handling of her personal responsibilities, such as her taxes and her 
responsibilities in the House, all pass muster in terms of the 
Committee, and I will vote in favor of her confirmation when the vote 
comes before us.


                            Difficult Times

  Mr. President, we are in difficult times. Tonight the President will 
speak to all of us. I look forward to those remarks with great 
anticipation.
  I told the President, when he appeared before our caucus just 3 weeks 
ago for lunch, that every night I pray for his success. And I do. Our 
people are in difficult times. We have difficult economic 
circumstances. It is imperative that we move forward together as 
Members of the House and Senate and the executive branch to find 
solutions to the challenges before us.
  Similar to most Members of the Senate, I have a few suggestions. I 
wish to offer four of them today as we lead up to the discussion 
tonight and the debate that will follow.
  Some of the economic difficulties in the United States are self-
inflicted by our own regulatory agencies. In particular, there are two 
areas I wish to discuss. First is the SEC. Last fall when the markets 
began to cascade down on Wall Street and when the financial stocks took 
their initial hit and the subsequent tumble, it was because of short 
sellers rushing to the market and shorting financial stocks and 
accelerating the decline of those values. I called Chris Cox, then the 
SEC Commissioner, and begged him to please implement the uptick rule, 
which would stop the short selling on the downside and protect the 
value of those equities.
  Fortunately, they did declare a moratorium for 27 days and stopped 
the short selling and things stabilized. Unfortunately, when that 27 
days was over, they reinstituted the former rule, short selling 
accelerated, and financial stocks deteriorated so that now they are 85 
to 90 percent below their value of 18 to 24 months ago. It is 
imperative the SEC reinstitute the uptick rule to ensure we don't have 
people coming into the marketplace and taking advantage of difficulties 
and suppressing the values of equities even greater than the market 
might otherwise dictate.
  Secondly, there has been a lot of speeches made on the floor about 
mark to market, and I will make one now. I am going to use specific 
examples to show you how the imposition of mark to market is hurting 
our financial institutions desperately, and it is disproportionately 
penalizing the people we serve.
  Mark to market basically takes the position that on any given day you 
are going to mark your assets based on their value of that day. Given 
the clients we have seen in mortgage-backed securities and real estate, 
marking to market has caused a tremendous decline in the asset side of 
the ledger

[[Page 5442]]

while liabilities continued to grow, which has caused capital problems 
in the banking system and exacerbated the financial problems we have 
today. In fact, mark to market should not be an arbitrary and 
capricious writedown to zero but, rather, should be a recognition of 
the transition of values in a down market or in an up market.
  The Senate, in 2005, in dealing with the pension crisis and defined 
benefit programs in America, asked businesses to come in one year and 
replenish retirement funds because the decline in the stocks was 
unrealistic. So we passed legislation that provided for a smoothing, 
meaning we amortized over years 3, 4, 5 or 6 the amount of money a 
pension fund was short, to give a company the ability to invest capital 
in the fund to restore it but not to deplete all the capital the 
company had to operate.
  Today, what is happening in our financial institutions, when the FDIC 
comes in and says you are going to mark to market, and this real estate 
asset that might have been worth $20 million 2 years ago is worth $6 
million today, you are going to take a $14 million hit on the asset 
side when, in fact, over time that asset might have brought 15, 16, 17, 
18 or maybe the original 20 percent because most real estate is 
absorbed over time and not in one fell swoop. It is very important our 
financial institutions be able to recognize value in a realistic 
environment. Some will tell you we don't want to do what Japan did--and 
we don't. Japan, in the 1990s, bought a lot of real estate and put it 
on the books at what they paid for it. As values declined, they didn't 
change the values in the books, and finally when they recognized them, 
they were underwater.
  That was an unrealistic approach. Equally unrealistic is today's 
approach of taking today's economy and saying: Well, because you cannot 
sell it for X today, that as its value went over time, we could smooth 
or amortize and approach it realistically. What is happening over and 
over again, mark to market is causing banks to do things that compound 
the things we are facing in the Senate and in the House and in our 
country.
  Last December, this body passed the ability for banks to carry back 
losses against profitable years, pull back some of the money they paid 
in taxes and provide liquidity. Because of that advantage, which we did 
for the right reasons, a number of banks took real estate assets in 
December of last year and wrote them off, even though they were 
performing, so they could take the loss carryback against income in 
better years. But now they are coming against the properties as a 
nonperforming asset and marking it to market in order to call the loan, 
with nobody out there willing to take them out. The unintended 
consequences of mark to market and the loss carryback that this 
Congress passed made it almost impossible for the commercial real 
estate industry and the development industry and the single-family real 
estate industry to compete in the United States today.
  So my suggestion is to install the uptick rule; second, stop the 
ridiculous nature of mark to market from absolute to absolute, and put 
in a mechanism of amortization or smoothing so the absorption of those 
assets over time is more reflective of reality and less of the dire 
straits we find ourselves in today.
  Third--and I appreciate very much the Senator from California 
mentioning the housing tax credit--I am very pleased that in the 
stimulus bill that passed, the credit is now $8,000 rather than $7,500. 
I am glad it is not repayable now but, in fact, is an actual credit. I 
am sorry it was means tested and limited to incomes of $75,000 or 
$150,000, and I am sorry it was only for first-time home buyers.
  I believe that until we fix housing, we can fix nothing else. We must 
fix housing first, and we must have an incentive and a reason for those 
people to return to the marketplace and begin to absorb the houses that 
become vacant because of foreclosure, transfer or because of default.
  So I hope we will continue to work on catalytic agents to inspire the 
consumers to come back to the marketplace and buy. That is essential. I 
think the tax credit of $15,000 for the purchase of any home by a 
family that occupies that home for 3 years is good for America, good 
for a business, and it is a small price to pay for what it will bring. 
CBO estimates its cost at $34.8 billion. They also estimate it would 
create 700,000 sales and 587,000 jobs in 1 day. That is no bad payback 
when you consider we have thrown billions after billions at the banking 
system and the stimulus system.
  Lastly--and I know the President will talk about mortgages today--I 
listened to his remarks last week and am encouraged by some of the 
things he said. I think there are some things we can do in terms of 
financing that can help us with our problem.
  No. 1, we do have to get back to sound underwriting. The President's 
proposals of a threshold of 31 percent debt service to gross monthly 
income illustrated that the President sees to it that we have 
fundamentals of qualifications under loans that are made, and I commend 
him for that.
  Secondly, I also recognize the fact that we can refinance loans that 
are in difficulty today at lower interest rates, amortize them over 30 
years, and, in fact, save people from foreclosure. Some we cannot save, 
but some we can, and I am for that. But we have to remember, just as 1 
in 10 houses in America is in default, 9 out of 10 are performing. To 
those people who are performing, who are making their payments, who are 
living by the rules, who are doing what is right, the same type of 
refinance opportunities ought to be available to them as are available 
to someone who is in trouble.
  I fully believe if we would direct Fannie Mae to issue debt with the 
full faith and credit of the United States of America behind it, we 
could generate a pool of resources to make loans for less than 5 
percent on a 30-year basis in the United States of America, loans that 
many people who are in trouble could actually find they could work 
their way through because it would lessen their monthly payment. But to 
those who are paying their payments but have rates of 5\1/2\, 6, 7\1/
2\, 8 percent, give them the same opportunity to reduce the cost of 
their debt service. Just because they are performing does not mean they 
should be penalized in a time in which we have 10 percent 
nonperformance.
  I stand here today on the floor of the Senate willing and able 
anytime, anyplace, anywhere to work with the President and work with 
the Members of this Congress to address the fundamentals of our economy 
and the fundamental problems we face.
  It is my sincere hope the SEC will take another look at the uptick 
rule and establish it. I think it will be an advantage to the market, 
advantageous to investors, and I think it will stop an egregiously bad 
process.
  Second, on mark to market, I don't want us to go the route of Japan, 
but I want us to go the route we went in this body in 2005 on pensions 
and let's smooth and amortize those obligations without catastrophic 
writedowns of assets which only cause difficulty in the financial 
community.
  Third, let's do fix housing first, and let's make sure we have a tax 
credit that is meaningful, available across the board, fosters home 
ownership, restores our marketplace, creates the 700,000 sales we need, 
and the 587,000 jobs we so desperately want.
  Lastly, as we make available creative financing and inexpensive 
financing for those in trouble to work their way out of a difficult 
mortgage, let's not forget those who are playing by the rules, the 9 
out of 10 who are making the payments. Let's make sure we make the same 
thing available to them so the rates at which they can refinance are 
equally competitive and as beneficial.
  Mr. President, I yield back the remainder of my time. I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.

[[Page 5443]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent to speak for 3 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ALEXANDER. Mr. President, I simply wish to congratulate the 
Senator from Georgia for his leadership on housing. He has 
consistently, since he arrived in the Senate 6 years ago, been the 
Senate's foremost spokesman for housing, and we badly need it today. 
Housing helped us get into the economic mess we are in in the country, 
and housing will help us get out of the economic mess.
  As the Senator from Georgia has so succinctly said, there are a 
number of things we can do to keep us from going further down the hole 
and to help people who are in trouble and cannot pay their bills. But 
we want to get out of the hole, and the way we get out of the hole is 
to give people who are creditworthy and have money the opportunity to 
buy a home. The Isakson amendment, as originally passed by the Senate, 
provided a $15,000 tax credit and would do that. It would create 
demand.
  The idea of low-interest mortgage rates which Republicans have 
offered to give millions of creditworthy Americans, for the next year, 
an opportunity to have a low-interest mortgage to buy a home or 
refinance their home would help us get out of the housing hole. We are 
all in favor of helping those people who are hurting, but that is not 
going to end the economic crisis. We want to climb out of this economic 
mess, and the way to get out of it is to get out of the housing hole we 
are in. The way to do that is through the Isakson amendment that 
creates a $15,000 tax credit for homebuyers and to provide a low 
mortgage interest rate.
  I thank the Senator for his eloquence and his persistence. I hope 
more and more Members on both sides of the aisle and this country will 
hear his call to fix housing first.
  I yield the floor.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. KENNEDY. Mr. President, I am pleased and proud that the 
Senate today is taking up the nomination of Hilda Solis for Secretary 
of Labor. Representative Solis is an extraordinary person, with an 
impressive background in public service. Anyone familiar with her work 
and her many accomplishments can attest that she is a truly 
inspirational leader. In the face of the current, unprecedented 
economic crisis, her confirmation to this important position is 
especially significant.
  Each day, the headlines contain troubling new economic reports. 
Americans lost 3 million jobs last year. Mr. President, 2.6 million 
have been looking for work for more than 6 months, 2.3 million have 
lost their homes, 31 million rely on food stamps to put food on the 
table.
  But this economic crisis is not just about numbers on a page or a 
lead story on the evening news. It is about what is happening to 
millions of working families. They are enduring tremendous hardships, 
and they know their friends and neighbors are suffering as well. The 
recovery bill passed under President Obama's leadership is a 
significant step in the right direction, but we still have an enormous 
challenge ahead of us.
  To rebuild our economy, we must restore security for working people. 
They need to know that they can get up and go to work in the morning 
without worrying about a pink slip, that they will earn a fair day's 
pay for a fair day's work so they can support their families, and that 
they can provide a better future for their children and a secure 
retirement for themselves.
  Most of all, they want leaders in government who understand how 
important these basic necessities are. That is why Hilda Solis is the 
right choice for Secretary of Labor.
  Representative Solis is from a hard-working American family. Her 
father was a farmworker, a railroad worker, and a laborer in a battery 
recycling plant. Her mother worked for 22 years on the assembly line in 
a toy factory. She watched her parents sacrifice all their lives to 
build a better future for her and their other children. Because of 
their struggles, Hilda became the first person in her family to go to 
college.
  Hilda Solis knows from deeply personal experience the challenges that 
American families face, because she has lived these challenges herself. 
And she has brought the lessons she learned from those years to her 
career in public service.
  Since her earliest days in public life, Hilda has put working 
families first. Whether it's fighting to keep toxic waste out of poor 
communities, championing legislation to protect victims of domestic 
violence, or leading efforts to train our workforce for the ``green 
collar'' jobs of the 21st century, she has never turned away from a 
challenge. She has never hesitated to stand up for what is right.
  In 2000, she became the first woman to receive the Profile in Courage 
Award for her remarkable work as a California State senator. The award 
is given each year to those people who have demonstrated the political 
courage that President Kennedy so admired, and Hilda Solis exemplifies 
these outstanding qualities. As I said at the time she received the 
award, ``The extraordinary successes of Hilda Solis as a member of the 
California legislature show the power of one person with vision, 
ability, dedication, and courage to overcome even the most powerful 
forces of oppression and resistance.''
  Now, again, Hilda has powerful forces to overcome, and tremendous 
challenges ahead. I have every confidence that she is the right person 
for the job. She is exactly who we need at the helm of such an 
important agency at this critical time for out country.
  America's workers are the best in the world, and they deserve our 
best efforts to help them through these difficult times. And they 
deserve to have the best possible advocate on their side. Today, we 
will do them a great service by confirming Hilda Solis.
  She is a true hero for working families, and we are fortunate to have 
someone of her tremendous talents at the Department. I look forward to 
working closely with our new Secretary of Labor to tackle the immense 
challenges facing America's workers, and to bring job security and real 
opportunity for all Americans.
  Mrs. FEINSTEIN. Mr. President, I rise today to support the nomination 
of my fellow Californian, Representative Hilda Solis, to be the next 
Secretary of Labor.
  President Obama has selected Representative Solis to serve in his 
Cabinet because she is an experienced, committed, and effective public 
servant.
  Representative Solis has dedicated her life to public service and to 
improving the lives of those in her community.
  As the daughter of immigrants, Representative Solis epitomizes the 
possibilities of the American dream. Her parents worked hard to ensure 
that she and her siblings could attain all that this country has to 
offer, and this nomination is proof that, in this country, anything is 
possible.
  Representative Solis was the first member of her family to attend 
college and in 1979 earned her undergraduate degree in Political 
Science from the California State Polytechnic University, Pomona.
  In 1981, she completed a master's degree in public administration at 
the University of Southern California. Her career in public service 
started in President Carter's administration, where she served as the 
Editor-in-Chief of Publications in the Office of Hispanic Affairs.
  After returning to California, she ran for office and was elected to 
the Rio Hondo Community College Board in 1985.
  In 1992, Representative Solis was elected to the State Assembly, and 
2 years later became the first Hispanic woman to serve in the 
California State Senate.
  As the Chairwoman of the powerful California State Senate Industrial 
Relations Committee, she was instrumental in the successful battle to 
increase the state minimum wage.

[[Page 5444]]

  She has also been a tireless fighter for environmental justice. In 
1999, despite strong opposition from industry groups, legislation that 
she authored was enacted to protect disadvantaged communities from the 
environmental toxins and pollutants that are disproportionately located 
in such areas.
  Her effort earned her the Profile in Courage Award from the John F. 
Kennedy Library Foundation in 2000, the same year she was elected to 
the House of Representatives.
  In Congress, Representative Solis has demonstrated her commitment to 
expanding opportunities for job training, which is essential for our 
economic recovery.
  She truly understands the potential of clean energy and solar power 
to propel the economy of the 21st century. To this end, Representative 
Solis authored legislation to provide more than $100 million for 
``green collar'' jobs training and has been a pioneer in this arena.
  Representative Solis is a woman of common sense and, I believe, sound 
judgment.
  She understands that the Secretary of Labor must be responsive to the 
voices of both management and labor. As Secretary of Labor, she will be 
a champion for workers across America.
  Given the economic crisis our Nation confronts, I am confident that 
Representative Solis will work to promote policies that ultimately will 
create jobs, benefiting businesses and workers across the board.
  The economic challenges we face at this moment are considerable, and 
the task at hand is substantial.
  At a time when so many Americans are seeking jobs, it is critical 
that we have a Secretary of Labor who is ready to tackle these problems 
and be responsive to the needs of all workers.
  Representative Solis understands the struggles that so many Americans 
are facing. She knows how to get things done, and she knows that there 
is no time to waste.
  Representative Solis is well prepared for the task at hand, and it is 
time for the President to have his choice for Secretary of Labor 
confirmed.
  I urge my colleagues to join me in confirming Representative Solis 
without further delay.
  Mrs. MURRAY. Mr. President, I thank all of my colleagues for their 
remarks today, including the distinguished ranking member of our HELP 
Committee, the Senator from Wyoming, and the ranking member on my 
Subcommittee on Employment, the Senator from Georgia. We have all 
worked together on a number of issues that are important to the well-
being of workers in this country, and today is no different as we 
consider the nomination of Hilda Solis to serve as President Obama's 
Labor Secretary.
  As a committee and as a body, we have done our due diligence in 
reviewing her nomination and materials. Now it is time to move forward.
  Working families across the country are facing the hardest of 
economic downturns. Most of them have never experienced anything like 
this. It is affecting everyone across our country. Earlier today, we 
learned that about 303,570 people in my home State of Washington were 
unemployed and looking for work in January. That is the largest number 
ever in my State. That is over 303,000 families who are now wondering 
how they are going to be able to pay their bills or keep their house or 
afford health care or even save for retirement.
  Workers in my State and across the country cannot afford to wait one 
more day for an advocate in this administration who will make their 
voice heard as we work to repair our country's economy. They cannot 
afford to wait any longer for a new leader at the agency that is 
responsible for unemployment insurance, job training, and placement 
services, protecting the health and safety of our workers on the job, 
and ensuring their rights in the workplace are protected. We have to 
have a Labor Department that can move into high gear to meet workers 
where they are. Hilda Solis stands ready to answer that call.
  Before I conclude, I want to take just a minute to thank a number of 
people who helped us to get to this point. In addition to the 
distinguished ranking member on the HELP Committee, Senator Enzi, and 
the ranking member on our subcommittee, Senator Isakson, and all of 
their staff members, I wish to recognize and thank Senator Kennedy who 
is the chairman of our Health, Education, Labor, and Pensions 
Committee. His dedication to America's working families is unmatched. 
And his staff, including Portia Wu and Lauren McFarren, have dedicated 
countless hours to moving this nomination forward.
  I also thank Senator Dodd, who chaired the HELP Committee executive 
session that reported Representative Solis out of committee, bringing 
us a step closer to today's confirmation.
  Let me also thank my staff who have worked so hard with me: Gerri 
Fiala, Crystal Bridgeman, Mike Waske, Mike Spahn, and Stacy Rich. I 
appreciate all of their joint efforts to getting us here today.
  Of course, I thank our great floor staff who worked tirelessly to 
help move this process forward.
  Finally, I want to particularly thank Representative Hilda Solis for, 
once again, answering the call to serve. We expect the final vote on 
her nomination shortly. I encourage all Senators and colleagues to 
support her confirmation on behalf of all the working families in our 
country who need a voice in Washington, DC.
  Mr. President, I yield back the remainder of time and ask for the 
yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Hilda L. Solis, of California, to be Secretary of Labor?
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Iowa (Mr. Harkin) and 
the Senator from Massachusetts (Mr. Kennedy) are necessarily absent.
  I further announce that, if present and voting, the Senator from Iowa 
(Mr. Harkin) would vote ``yea.''
  The result was announced--yeas 80, nays 17, as follows:

                       [Rollcall Vote No. 66 Ex.]

                                YEAS--80

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Boxer
     Brown
     Brownback
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Cochran
     Collins
     Conrad
     Corker
     Dodd
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Hatch
     Hutchison
     Inouye
     Isakson
     Johanns
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--17

     Bond
     Bunning
     Burr
     Coburn
     Cornyn
     Crapo
     DeMint
     Ensign
     Inhofe
     Kyl
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Vitter
     Wicker

                             NOT VOTING--2

     Harkin
     Kennedy
       
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table. The President 
will be immediately notified of the Senate's action.

                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume legislative session.
  The Senator from Washington is recognized.

                          ____________________




                            MORNING BUSINESS

  Mrs. MURRAY. Mr. President, I ask unanimous consent to go to a period

[[Page 5445]]

for morning business, with Senators permitted to speak for 10 minutes 
each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                AARON EILERTS DAY OF SERVICE AND GIVING

  Mr. GRASSLEY. Mr. President, I wish to visit with you about 
voluntarism. I wish to use the example of a deceased Boy Scout as the 
perfect example.
  Today is the day we Iowans honor the life and legacy of a young Boy 
Scout--a compassionate teenager who lived his life in passionate 
service to others. Mr. President, 14-year-old Aaron Eilerts from Eagle 
Grove, IA, tragically lost his own life last summer when a deadly 
tornado swept through Camp Little Sioux on January 11, 2008. One Iowan, 
Aaron, and three Nebraska boys lost their lives that evening.
  Fifteen years ago today, Bob and Carol Eilerts experienced the 
overwhelming joy and elation that parents treasure the day their child 
is born. The Eilerts undoubtedly took pride in shouldering the 
responsibilities and sacrifices that parenthood brings. It was not long 
before his parents would realize their beloved son spread joy in 
service to others, in ways big and small, with family, friends, 
neighbors, the elderly, and even total strangers.
  As a Boy Scout, Aaron took to heart the tenets of his organization. 
Through words and deeds, he upheld the Boy Scout Law, which prescribed 
a Scout as ``trustworthy, loyal, helpful, friendly, courteous, kind, 
obedient, cheerful, thrifty, brave, clean, and reverent.'' Every Boy 
Scout knows those words.
  By all accounts, Aaron Eilerts lived and breathed the objectives of 
an honorable Boy Scout, which included character development, 
citizenship, and personal fitness. As a parent and grandparent, I can 
appreciate the demands placed on our youth to excel in academics, 
navigate social pressures, participate in extracurricular activities, 
and to just ``be.''
  Similar to many young people growing up in small town Iowa, Aaron's 
extensive list of activities was impressive. Besides the Humboldt Boy 
Scout Troop 108, Aaron participated in football, cross country, track, 
band, choir, theater, and art. Aaron also was an agent of the CIA; that 
is, ``Character in Action,'' a youth leadership character-building 
organization at Robert Blue Middle School. With so many irons in the 
fire, it is even more remarkable to consider the time and energy Aaron 
devoted in service to others.
  Consider a few of the community service projects this industrious 14-
year-old organized: hand-sewing pillowcases for pediatric patients, 
teachers, and others in need; making blankets for animals at the Humane 
Society; volunteering at the local senior center and nursing home; 
performing the National Anthem at local high school events; and making 
it a habit to do great deeds and simple acts of kindness just to make 
his community a better place to live.
  We can honor his legacy of service by following in the footsteps of 
this local teenage legend. The Governor of Iowa, Chet Culver, has 
proclaimed today, February 24, as the first annual Aaron Eilerts Day of 
Service and Giving. Scores of schools and service organizations across 
the State of Iowa have made plans to participate. Inspired by this 
young man's spirit of service, thousands of school students across Iowa 
will seize this opportunity to make their community a better place.
  Just a few of the service projects underway today include shoveling 
snow; sewing pillowcases to donate to hospitals, veterans facilities, 
and nursing homes; creating fleece tie blankets for shelters; packaging 
meals in a box for local food pantries; conducting food and diaper 
services and drives that are connected with that; and pumping gas and 
cleaning windshields at local service stations.
  The Bible tells us in Acts 20:35:

       It is more blessed to give than receive.

  Many of us who contribute time, talents, and treasure in service to 
others often find we are the ones who are blessed by giving. If I may 
suggest, I believe Aaron Eilerts, if he were alive today, would agree.
  Although he did not share the world stage of Mother Teresa, who 
devoted her life to poverty in service to others, Aaron showed his 
compassion for others on the stages of his hometown, from the senior 
centers, to hospitals, school and community events. Mother Teresa is 
attributed with an observation that applies so well to this young man 
from Eagle Grove. Mother Teresa said:

       Do not wait for leaders. Do it alone, person to person.

  Aaron Eilerts was a product of small-town Iowa--a small town that 
took pride in its community, and he took pride in his community. Eagle 
Grove takes pride in this young man, Aaron Eilerts, who was killed last 
June.
  I would like to extend, again, my sincerest condolences to the family 
and loved ones Aaron Eilerts has preceded into God's Kingdom. I also 
would like to take this opportunity to extend an invitation to my 
fellow citizens from the other 49 States. I welcome you to join the 
State of Iowa, and Iowans generally, next year on February 24 to 
participate in the annual Aaron Eilerts Day of Service and Giving, as 
declared by Governor Culver of my State of Iowa.
  Tragic circumstances abbreviated the life of this young Iowan with no 
warning and with no opportunity for second chances.
  Let Aaron's life and legacy of service inspire each of us to respond 
in our own neighborhoods and communities to the call of service of 
giving.

                          ____________________




                   TRIBUTE TO WILLIAM ``BILL'' RAGGIO

  Mr. REID. Mr. President, I rise today to honor my longtime colleague 
in Nevada government, State senator William ``Bill'' Raggio, for his 
extensive record of public service and community activism.
  At this year's Governor's Points of Light Award Dinner, Senator 
Raggio will be honored with the inaugural ``Governor's Choice Award.'' 
This award, which will be formally presented by Governor Jim Gibbons on 
February 26, recognizes Senator Raggio for his commitment to community 
improvement through volunteerism and philanthropy.
  A longtime resident of Nevada, Bill has been a devoted and active 
member of his community. As a young man during World War II, Senator 
Raggio served his community and his country honorably as a second 
lieutenant in the U.S. Marine Corps Reserve. Upon return, he graduated 
from the University of Nevada at Reno before pursuing a law degree.
  Since that time, Bill has been a tireless advocate for the people of 
Nevada. He has served on the ninth Circuit U.S. Court of Appeals and 
also as the district attorney for Washoe County. In 1973, Bill made the 
jump to the State senate, where his career has flourished and continues 
today. He has worked in various capacities in the State's legislative 
body, and is currently the minority leader of the senate.
  I can think of no better recipient of the ``Governor's Choice Award'' 
than Senator Raggio. His 36 years of public service and selfless 
sacrifice are an example of how a single person can be an overwhelming 
influence for good in his community. There is no doubt that his wife 
Dale and their children are extremely proud of him. Indeed, all 
Nevadans have reason to be proud of Senator Raggio.
  I congratulate Senator Raggio upon receiving this tremendous honor, 
and wish him all the best in his future undertakings.
  Mr. DURBIN. Mr. President, strong leadership at the Department of 
Labor is essential as the economy continues to worsen.
  Workers who are struggling need leaders who have been there, who know 
what it is like to grow up in a working class household. Hilda Solis is 
the right person to run the most important federal agency for workers 
who need a helping hand. I strongly support her nomination.
  Congresswoman Solis grew up in southern California and has for 
decades fought for the rights of working men and women.
  While a member of the California State Senate she led the fight in 
1996 to increase the State minimum wage.

[[Page 5446]]

  Since her election to Congress in 2000, she has cochaired the 
bipartisan Congressional Caucus for Women's Issues and played a key 
role in the reauthorization of the Violence Against Women Act in 2006.
  Last year she helped lead the effort to provide workforce training 
for ``green collar'' jobs.
  She is also a nationally recognized leader on the environment, and 
for that she became the first woman to receive the John F. Kennedy 
Profile in Courage Award in 2000.
  Congresswoman Solis has articulated a strong vision for the 
Department. She is ready to lead the Department's efforts in: training 
and job placement for unemployed workers; building career ladders for 
at-risk youth, and expanding opportunities for our military heroes 
returning from combat.
  Over 2.6 million workers have lost their jobs since this recession 
began, and the end is not yet in sight.
  America needs an active Department of Labor to help these workers 
retrain for the economy of the 21st century and find new work.
  America needs Hilda Solis to take charge of the Labor Department and 
to get to work today.
  I urge my colleagues to support her nomination.

                          ____________________




  COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS RULES OF PROCEDURE

  Mr. DODD. Mr. President, I ask unanimous consent that the rules of 
procedure for the Committee on Banking, Housing, and Urban Affairs be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Rules of Procedure for the Committee on Banking, Housing, and Urban 
                                Affairs


               Rule 1. Regular Meeting Date for Committee

       The regular meeting day for the Committee to transact its 
     business shall be the last Tuesday in each month that the 
     Senate is in Session; except that if the Committee has met at 
     any time during the month prior to the last Tuesday of the 
     month, the regular meeting of the Committee may be canceled 
     at the discretion of the Chairman.


                           Rule 2. Committee

       [a] Investigations. No investigation shall be initiated by 
     the Committee unless the Senate, or the full Committee, or 
     the Chairman and Ranking Member have specifically authorized 
     such investigation.
       [b] Hearings. No hearing of the Committee shall be 
     scheduled outside the District of Columbia except by 
     agreement between the Chairman of the Committee and the 
     Ranking Member of the Committee or by a majority vote of the 
     Committee.
       [c] Confidential testimony. No confidential testimony taken 
     or confidential material presented at an executive session of 
     the Committee or any report of the proceedings of such 
     executive session shall be made public either in whole or in 
     part or by way of summary, unless specifically authorized by 
     the Chairman of the Committee and the Ranking Member of the 
     Committee or by a majority vote of the Committee.
       [d] Interrogation of witnesses. Committee interrogation of 
     a witness shall be conducted only by members of the Committee 
     or such professional staff as is authorized by the Chairman 
     or the Ranking Member of the Committee.
       [e] Prior notice of markup sessions. No session of the 
     Committee or a Subcommittee for marking up any measure shall 
     be held unless [1] each member of the Committee or the 
     Subcommittee, as the case may be, has been notified in 
     writing via electronic mail or paper mail of the date, time, 
     and place of such session and has been furnished a copy of 
     the measure to be considered, in a searchable electronic 
     format, at least 3 business days prior to the commencement of 
     such session, or [2] the Chairman of the Committee or 
     Subcommittee determines that exigent circumstances exist 
     requiring that the session be held sooner.
       [f] Prior notice of first degree amendments. It shall not 
     be in order for the Committee or a Subcommittee to consider 
     any amendment in the first degree proposed to any measure 
     under consideration by the Committee or Subcommittee unless 
     fifty written copies of such amendment have been delivered to 
     the office of the Committee at least 2 business days prior to 
     the meeting. It shall be in order, without prior notice, for 
     a Senator to offer a motion to strike a single section of any 
     measure under consideration. Such a motion to strike a 
     section of the measure under consideration by the Committee 
     or Subcommittee shall not be amendable. This section may be 
     waived by a majority of the members of the Committee or 
     Subcommittee voting, or by agreement of the Chairman and 
     Ranking Member. This subsection shall apply only when the 
     conditions of subsection [e][1] have been met.
       [g] Cordon rule. Whenever a bill or joint resolution 
     repealing or amending any statute or part thereof shall be 
     before the Committee or Subcommittee, from initial 
     consideration in hearings through final consideration, the 
     Clerk shall place before each member of the Committee or 
     Subcommittee a print of the statute or the part or section 
     thereof to be amended or repealed showing by stricken-through 
     type, the part or parts to be omitted, and in italics, the 
     matter proposed to be added. In addition, whenever a member 
     of the Committee or Subcommittee offers an amendment to a 
     bill or joint resolution under consideration, those 
     amendments shall be presented to the Committee or 
     Subcommittee in a like form, showing by typographical devices 
     the effect of the proposed amendment on existing law. The 
     requirements of this subsection may be waived when, in the 
     opinion of the Committee or Subcommittee Chairman, it is 
     necessary to expedite the business of the Committee or 
     Subcommittee.


                         Rule 3. Subcommittees

       [a] Authorization for. A Subcommittee of the Committee may 
     be authorized only by the action of a majority of the 
     Committee.
       [b] Membership. No member may be a member of more than 
     three Subcommittees and no member may chair more than one 
     Subcommittee. No member will receive assignment to a second 
     Subcommittee until, in order of seniority, all members of the 
     Committee have chosen assignments to one Subcommittee, and no 
     member shall receive assignment to a third Subcommittee 
     until, in order of seniority, all members have chosen 
     assignments to two Subcommittees.
       [c] Investigations. No investigation shall be initiated by 
     a Subcommittee unless the Senate or the full Committee has 
     specifically authorized such investigation.
       [d] Hearings. No hearing of a Subcommittee shall be 
     scheduled outside the District of Columbia without prior 
     consultation with the Chairman and then only by agreement 
     between the Chairman of the Subcommittee and the Ranking 
     Member of the Subcommittee or by a majority vote of the 
     Subcommittee.
       [e] Confidential testimony. No confidential testimony taken 
     or confidential material presented at an executive session of 
     the Subcommittee or any report of the proceedings of such 
     executive session shall be made public, either in whole or in 
     part or by way of summary, unless specifically authorized by 
     the Chairman of the Subcommittee and the Ranking Member of 
     the Subcommittee, or by a majority vote of the Subcommittee.
       [f] Interrogation of witnesses. Subcommittee interrogation 
     of a witness shall be conducted only by members of the 
     Subcommittee or such professional staff as is authorized by 
     the Chairman or the Ranking Member of the Subcommittee.
       [g] Special meetings. If at least three members of a 
     Subcommittee desire that a special meeting of the 
     Subcommittee be called by the Chairman of the Subcommittee, 
     those members may file in the offices of the Committee their 
     written request to the Chairman of the Subcommittee for that 
     special meeting. Immediately upon the filing of the request, 
     the Clerk of the Committee shall notify the Chairman of the 
     Subcommittee of the filing of the request. If, within 3 
     calendar days after the filing of the request, the Chairman 
     of the Subcommittee does not call the requested special 
     meeting, to be held within 7 calendar days after the filing 
     of the request, a majority of the members of the Subcommittee 
     may file in the offices of the Committee their written notice 
     that a special meeting of the Subcommittee will be held, 
     specifying the date and hour of that special meeting. The 
     Subcommittee shall meet on that date and hour. Immediately 
     upon the filing of the notice, the Clerk of the Committee 
     shall notify all members of the Subcommittee that such 
     special meeting will be held and inform them of its date and 
     hour. If the Chairman of the Subcommittee is not present at 
     any regular or special meeting of the Subcommittee, the 
     Ranking Member of the majority party on the Subcommittee who 
     is present shall preside at that meeting.
       [h] Voting. No measure or matter shall be recommended from 
     a Subcommittee to the Committee unless a majority of the 
     Subcommittee are actually present. The vote of the 
     Subcommittee to recommend a measure or matter to the 
     Committee shall require the concurrence of a majority of the 
     members of the Subcommittee voting. On Subcommittee matters 
     other than a vote to recommend a measure or matter to the 
     Committee no record vote shall be taken unless a majority of 
     the Subcommittee is actually present. Any absent member of a 
     Subcommittee may affirmatively request that his or her vote 
     to recommend a measure or matter to the Committee or his vote 
     on any such other matters on which a record vote is taken, be 
     cast by proxy. The proxy shall be in writing and shall be 
     sufficiently clear to identify the subject matter and to 
     inform the Subcommittee as to how the member wishes his or 
     her vote to be recorded thereon. By written notice to the 
     Chairman of the Subcommittee any time before the record vote

[[Page 5447]]

     on the measure or matter concerned is taken, the member may 
     withdraw a proxy previously given. All proxies shall be kept 
     in the files of the Committee.


                           Rule 4. Witnesses

       [a] Filing of statements. Any witness appearing before the 
     Committee or Subcommittee [including any witness representing 
     a Government agency] must file with the Committee or 
     Subcommittee [24 hours preceding his or her appearance] 75 
     copies of his or her statement to the Committee or 
     Subcommittee, and the statement must include a brief summary 
     of the testimony. In the event that the witness fails to file 
     a written statement and brief summary in accordance with this 
     rule, the Chairman of the Committee or Subcommittee has the 
     discretion to deny the witness the privilege of testifying 
     before the Committee or Subcommittee until the witness has 
     properly complied with the rule.
       [b] Length of statements. Written statements properly filed 
     with the Committee or Subcommittee may be as lengthy as the 
     witness desires and may contain such documents or other 
     addenda as the witness feels is necessary to present properly 
     his or her views to the Committee or Subcommittee. The brief 
     summary included in the statement must be no more than 3 
     pages long. It shall be left to the discretion of the 
     Chairman of the Committee or Subcommittee as to what portion 
     of the documents presented to the Committee or Subcommittee 
     shall be published in the printed transcript of the hearings.
       [c] Ten-minute duration. Oral statements of witnesses shall 
     be based upon their filed statements but shall be limited to 
     10 minutes duration. This period may be limited or extended 
     at the discretion of the Chairman presiding at the hearings.
       [d] Subpoena of witnesses. Witnesses may be subpoenaed by 
     the Chairman of the Committee or a Subcommittee with the 
     agreement of the Ranking Member of the Committee or 
     Subcommittee or by a majority vote of the Committee or 
     Subcommittee.
       [e] Counsel permitted. Any witness subpoenaed by the 
     Committee or Subcommittee to a public or executive hearing 
     may be accompanied by counsel of his or her own choosing who 
     shall be permitted, while the witness is testifying, to 
     advise him or her of his or her legal rights.
       [f] Expenses of witnesses. No witness shall be reimbursed 
     for his or her appearance at a public or executive hearing 
     before the Committee or Subcommittee unless such 
     reimbursement is agreed to by the Chairman and Ranking Member 
     of the Committee.
       [g] Limits of questions. Questioning of a witness by 
     members shall be limited to 5 minutes duration when 5 or more 
     members are present and 10 minutes duration when less than 5 
     members are present, except that if a member is unable to 
     finish his or her questioning in this period, he or she may 
     be permitted further questions of the witness after all 
     members have been given an opportunity to question the 
     witness.
       Additional opportunity to question a witness shall be 
     limited to a duration of 5 minutes until all members have 
     been given the opportunity of questioning the witness for a 
     second time. This 5-minute period per member will be 
     continued until all members have exhausted their questions of 
     the witness.


                             Rule 5. Voting

       [a] Vote to report a measure or matter. No measure or 
     matter shall be reported from the Committee unless a majority 
     of the Committee is actually present. The vote of the 
     Committee to report a measure or matter shall require the 
     concurrence of a majority of the members of the Committee who 
     are present.
       Any absent member may affirmatively request that his or her 
     vote to report a matter be cast by proxy. The proxy shall be 
     sufficiently clear to identify the subject matter, and to 
     inform the Committee as to how the member wishes his vote to 
     be recorded thereon. By written notice to the Chairman any 
     time before the record vote on the measure or matter 
     concerned is taken, any member may withdraw a proxy 
     previously given. All proxies shall be kept in the files of 
     the Committee, along with the record of the rollcall vote of 
     the members present and voting, as an official record of the 
     vote on the measure or matter.
       [b] Vote on matters other than to report a measure or 
     matter. On Committee matters other than a vote to report a 
     measure or matter, no record vote shall be taken unless a 
     majority of the Committee are actually present. On any such 
     other matter, a member of the Committee may request that his 
     or her vote may be cast by proxy. The proxy shall be in 
     writing and shall be sufficiently clear to identify the 
     subject matter, and to inform the Committee as to how the 
     member wishes his or her vote to be recorded thereon. By 
     written notice to the Chairman any time before the vote on 
     such other matter is taken, the member may withdraw a proxy 
     previously given. All proxies relating to such other matters 
     shall be kept in the files of the Committee.


                             Rule 6. Quorum

       No executive session of the Committee or a Subcommittee 
     shall be called to order unless a majority of the Committee 
     or Subcommittee, as the case may be, are actually present. 
     Unless the Committee otherwise provides or is required by the 
     Rules of the Senate, one member shall constitute a quorum for 
     the receipt of evidence, the swearing in of witnesses, and 
     the taking of testimony.


                     Rule 7. Staff Present on Dais

       Only members and the Clerk of the Committee shall be 
     permitted on the dais during public or executive hearings, 
     except that a member may have one staff person accompany him 
     or her during such public or executive hearing on the dais. 
     If a member desires a second staff person to accompany him or 
     her on the dais he or she must make a request to the Chairman 
     for that purpose.


                      Rule 8. Coinage Legislation

       At least 67 Senators must cosponsor any gold medal or 
     commemorative coin bill or resolution before consideration by 
     the Committee.

  Extracts From the Standing Rules of the Senate--Rule XXV, Standing 
                               Committees

       1. The following standing committees shall be appointed at 
     the commencement of each Congress, and shall continue and 
     have the power to act until their successors are appointed, 
     with leave to report by bill or otherwise on matters within 
     their respective jurisdictions:

       [d][1] Committee on Banking, Housing, and Urban Affairs, to 
     which committee shall be referred all proposed legislation, 
     messages, petitions, memorials, and other matters relating to 
     the following subjects:
       1. Banks, banking, and financial institutions.
       2. Control of prices of commodities, rents, and services.
       3. Deposit insurance.
       4. Economic stabilization and defense production.
       5. Export and foreign trade promotion.
       6. Export controls.
       7. Federal monetary policy, including Federal Reserve 
     System.
       8. Financial aid to commerce and industry.
       9. Issuance and redemption of notes.
       10. Money and credit, including currency and coinage.
       11. Nursing home construction.
       12. Public and private housing [including veterans' 
     housing].
       13. Renegotiation of Government contracts.
       14. Urban development and urban mass transit.
       [2] Such committee shall also study and review, on a 
     comprehensive basis, matters relating to international 
     economic policy as it affects United States monetary affairs, 
     credit, and financial institutions; economic growth, urban 
     affairs, and credit, and report thereon from time to time.

             Committee Procedures for Presidential Nominees

       Procedures formally adopted by the U.S. Senate Committee on 
     Banking, Housing, and Urban Affairs, February 4, 1981, 
     establish a uniform questionnaire for all Presidential 
     nominees whose confirmation hearings come before this 
     Committee.
       In addition, the procedures establish that:
       [1] A confirmation hearing shall normally be held at least 
     5 days after receipt of the completed questionnaire by the 
     Committee unless waived by a majority vote of the Committee.
       [2] The Committee shall vote on the confirmation not less 
     than 24 hours after the Committee has received transcripts of 
     the hearing unless waived by unanimous consent.
       [3] All nominees routinely shall testify under oath at 
     their confirmation hearings.
       This questionnaire shall be made a part of the public 
     record except for financial information, which shall be kept 
     confidential.
       Nominees are requested to answer all questions, and to add 
     additional pages where necessary.

                          ____________________




                       NATIONAL PEACE CORPS WEEK

  Mr. BARRASSO. Mr. President, I rise today to acknowledge National 
Peace Corps Week and the many U.S. Peace Corps volunteers serving 
across the globe.
  There are currently 22 U.S. Peace Corps volunteers from Wyoming who 
are serving around the world. These men and women have joined a unique 
organization of people who are willing to make a personal commitment to 
lend a helping hand to those in the world who are less fortunate than 
us.
  These Americans often live and work in challenging areas as they 
partner with their local counterparts to aid development. Peace Corps 
volunteers have made significant contributions assisting people to 
improve health care services, create business opportunities, promote 
education, and develop resources.
  Many people in the world today are suffering from political unrest, 
natural disasters, disease, and a lack of economic opportunities. I 
commend all

[[Page 5448]]

the Peace Corps volunteers who leave behind the comforts of home to 
live in different areas of the world and work to make the world a 
better place.
  The Peace Corps volunteers' reputation as ambassadors of good-will 
demonstrates the ability of individuals to make a difference in our 
world. As they work alongside people from different nations, these 
volunteers have the opportunity to represent America and the values 
that we hold dear. Additionally, our volunteers' knowledge of the 
unique challenges people face gives us insight into developing better 
relations with other countries. I applaud their efforts and dedication.
  I would like to recognize the men and women from Wyoming who are 
currently serving as U.S. Peace Corps volunteers: Lisa J. Balland, 
serving in Uganda; Thomas P. Burian, serving in Capre Verde; Bria M. 
Chimenti, serving in Tonga; Jenna M. Dillion, serving in Senegal; 
Heather Dixon, serving in Gambia; Seth H. Edmunds, serving in Fiji; 
Sagar L. Gondalia, serving in Kazakhstan; Larry R. Hanson, serving in 
Fiji; Daniel J. Healy, serving in Ukriane; Sarah D. Hunt, serving in 
Romania; Kevin U. Malatesta, serving in Armenia; Joshuah C. Marshall, 
serving in Morocco; Kathryn D. Mcmillan, serving in Costa Rica; Korie 
C. Merrill, serving in Togo; Jennifer D. Moore, serving in Nambia; 
Maggie K. Moran, serving in Romania; Michael O. Nielsen, serving in 
Malawi; Kelly M. Olenyik, serving in Malawi; Brandon J. Perkins, 
serving in Burkina Faso; Michael S. Quinn, serving in Kazakhstan; 
Garrett C. Schiche, serving in Thailand; and Brian M. Steen, serving in 
Kyrgyzstan.

                          ____________________




                CONGRATULATING HAMILTON COUNTY, NEBRASKA

  Mr. JOHANNS. Mr. President, I wish to offer my congratulations to 
Hamilton County, NE, as Progressive Farmer named them the top county in 
our country to raise a family. As I am sure the senior Senator from 
Nebraska would agree, this is a community worthy of the honor. With the 
great beauty, work ethic, and commitment to family and neighbors, truly 
Hamilton County and all of Nebraska offers visitors and residents a 
uniquely fulfilling quality of life.
  I know the senior Senator from Nebraska has also been to Hamilton 
County numerous times. Would the senior Senator like to offer his 
thoughts on the honor this Nebraska county has received?
  Mr. NELSON of Nebraska. Mr. President, I thank the junior Senator 
from Nebraska. I, too, offer my praises to Hamilton County, NE, and to 
express how truly fitting this honor from the Progressive Farmer is. 
Hamilton County has always been a place imbued with the strong values 
of our great State of Nebraska values of the family, a strong work 
ethic, and the beauty that the State is known for. Aptly named for our 
Nation's first Treasury Secretary--Alexander Hamilton--this county 
holds many of Nebraska's treasures. From Phillips to Hampton, Aurora to 
Marquette, Giltner to Hordville, and even little Stockham, this county 
embodies what Nebraska is all about.

                          ____________________




      PERMANENT SUBCOMMITTEE ON INVESTIGATIONS RULES OF PROCEDURE

  Mr. LIEBERMAN. Mr. President, Senate Standing Rules XXVI requires 
each committee to adopt rules to govern the procedure of the committee 
and to publish those rules in the Congressional Record not later than 
March 1 of the first year of each Congress. On February 24, 2009, a 
majority of the members of the Committee on Homeland Security and 
Governmental Affairs' Permanent Subcommittee on Investigations adopted 
subcommittee rules of procedure.
  Consistent with Standing Rule XXVI, I ask unanimous consent to have 
printed in the Record a copy of the rules of procedure of the Permanent 
Subcommittee on Investigations.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Committee on Homeland Security and Governmental Affairs, as Adopted


                           february 24, 2009

       1. No public hearing connected with an investigation may be 
     held without the approval of either the Chairman and the 
     Ranking Minority Member or the approval of a Majority of the 
     Members of the Subcommittee. In all cases, notification to 
     all Members of the intent to hold hearings must be given at 
     least 7 days in advance to the date of the hearing. The 
     Ranking Minority Member should be kept fully apprised of 
     preliminary inquiries, investigations, and hearings. 
     Preliminary inquiries may be initiated by the Subcommittee 
     Majority staff upon the approval of the Chairman and notice 
     of such approval to the Ranking Minority Member or the 
     Minority counsel. Preliminary inquiries may be undertaken by 
     the Minority staff upon the approval of the Ranking Minority 
     Member and notice of such approval to the Chairman or Chief 
     Counsel. Investigations may be undertaken upon the approval 
     of the Chairman of the Subcommittee and the Ranking Minority 
     Member with notice of such approval to all Members.
       No public hearing shall be held if the Minority Members 
     unanimously object, unless the full Committee on Homeland 
     Security and Governmental Affairs by a majority vote approves 
     of such public hearing.
       Senate Rules will govern all closed sessions convened by 
     the Subcommittee (Rule XXVI, Sec. 5(b), Standing Rules of the 
     Senate).
       2. Subpoenas for witnesses, as well as documents and 
     records, may be authorized and issued by the Chairman, or any 
     other Member of the Subcommittee designated by him or her, 
     with notice to the Ranking Minority Member. A written notice 
     of intent to issue a subpoena shall be provided to the 
     Chairman and Ranking Minority Member of the Committee, or 
     staff officers designated by them, by the Subcommittee 
     Chairman or a staff officer designated by him or her, 
     immediately upon such authorization, and no subpoena shall be 
     issued for at least 48 hours, excluding Saturdays and 
     Sundays, from delivery to the appropriate offices, unless the 
     Chairman and Ranking Minority Member waive the 48 hour 
     waiting period or unless the Subcommittee Chairman certifies 
     in writing to the Chairman and Ranking Minority Member that, 
     in his or her opinion, it is necessary to issue a subpoena 
     immediately.
       3. The Chairman shall have the authority to call meetings 
     of the Subcommittee. This authority may be delegated by the 
     Chairman to any other Member of the Subcommittee when 
     necessary.
       4. If at least three Members of the Subcommittee desire the 
     Chairman to call a special meeting, they may file in the 
     office of the Subcommittee, a written request therefor, 
     addressed to the Chairman. Immediately thereafter, the clerk 
     of the Subcommittee shall notify the Chairman of such 
     request. If, within 3 calendar days after the filing of such 
     request, the Chairman fails to call the requested special 
     meeting, which is to be held within 7 calendar days after the 
     filing of such request, a majority of the Subcommittee 
     Members may file in the office of the Subcommittee their 
     written notice that a special Subcommittee meeting will be 
     held, specifying the date and hour thereof, and the 
     Subcommittee shall meet on that date and hour. Immediately 
     upon the filing of such notice, the Subcommittee clerk shall 
     notify all Subcommittee Members that such special meeting 
     will be held and inform them of its date and hour. If the 
     Chairman is not present at any regular, additional or special 
     meeting, the Ranking Majority Member present shall preside.
       5. For public or executive sessions, one Member of the 
     Subcommittee shall constitute a quorum for the administering 
     of oaths and the taking of testimony in any given case or 
     subject matter.
       One-third of the Members of the Subcommittee shall 
     constitute a quorum for the transaction of Subcommittee 
     business other than the administering of oaths and the taking 
     of testimony, provided that one member of the minority is 
     present.
       6. All witnesses at public or executive hearings who 
     testify to matters of fact shall be sworn.
       7. If, during public or executive sessions, a witness, his 
     or her counsel, or any spectator conducts himself or herself 
     in such a manner as to prevent, impede, disrupt, obstruct, or 
     interfere with the orderly administration of such hearing, 
     the Chairman or presiding Member of the Subcommittee present 
     during such hearing may request the Sergeant at Arms of the 
     Senate, his or her representative or any law enforcement 
     official to eject said person from the hearing room.
       8. Counsel retained by any witness and accompanying such 
     witness shall be permitted to be present during the testimony 
     of such witness at any public or executive hearing, and to 
     advise such witness while he or she is testifying, of his or 
     her legal rights; provided, however, that in the case of any 
     witness who is an officer or employee of the government, or 
     of a corporation or association, the Subcommittee Chairman 
     may rule that representation by counsel from the government, 
     corporation, or association, or by counsel representing other 
     witnesses, creates a conflict of interest, and that the 
     witness may only be represented during interrogation by staff 
     or during testimony before the

[[Page 5449]]

     Subcommittee by personal counsel not from the government, 
     corporation, or association, or by personal counsel not 
     representing other witnesses. This rule shall not be 
     construed to excuse a witness from testifying in the event 
     his or her counsel is ejected for conducting himself or 
     herself in such a manner so as to prevent, impede, disrupt, 
     obstruct, or interfere with the orderly administration of the 
     hearings; nor shall this rule be construed as authorizing 
     counsel to coach the witness or answer for the witness. The 
     failure of any witness to secure counsel shall not excuse 
     such witness from complying with a subpoena or deposition 
     notice.
       9. Depositions.
       9.1  Notice. Notices for the taking of depositions in an 
     investigation authorized by the Subcommittee shall be 
     authorized and issued by the Chairman. The Chairman of the 
     full Committee and the Ranking Minority Member of the 
     Subcommittee shall be kept fully apprised of the 
     authorization for the taking of depositions. Such notices 
     shall specify a time and place of examination, and the name 
     of the Subcommittee Member or Members or staff officer or 
     officers who will take the deposition. The deposition shall 
     be in private. The Subcommittee shall not initiate procedures 
     leading to criminal or civil enforcement proceedings for a 
     witness' failure to appear unless the deposition notice was 
     accompanied by a Subcommittee subpoena.
       9.2  Counsel. Witnesses may be accompanied at a deposition 
     by counsel to advise them of their legal rights, subject to 
     the provisions of Rule 8.
       9.3  Procedure. Witnesses shall be examined upon oath 
     administered by an individual authorized by local law to 
     administer oaths. Questions shall be propounded orally by 
     Subcommittee Members or staff. Objections by the witness as 
     to the form of questions shall be noted for the record. If a 
     witness objects to a question and refuses to testify on the 
     basis of relevance or privilege, the Subcommittee Members or 
     staff may proceed with the deposition, or may, at that time 
     or at a subsequent time, seek a ruling by telephone or 
     otherwise on the objection from the Chairman or such 
     Subcommittee Member as designated by him or her. If the 
     Chairman or designated Member overrules the objection, he or 
     she may refer the matter to the Subcommittee or he or she may 
     order and direct the witness to answer the question, but the 
     Subcommittee shall not initiate procedures leading to civil 
     or criminal enforcement unless the witness refuses to testify 
     after he or she has been ordered and directed to answer by a 
     Member of the Subcommittee.
       9.4  Filing. The Subcommittee staff shall see that the 
     testimony is transcribed or electronically recorded. If it is 
     transcribed, the witness shall be furnished with a copy for 
     review pursuant to the provisions of Rule 12. The individual 
     administering the oath shall certify on the transcript that 
     the witness was duly sworn in his or her presence, the 
     transcriber shall certify that the transcript is a true 
     record of the testimony, and the transcript shall then be 
     filed with the Subcommittee clerk. Subcommittee staff may 
     stipulate with the witness to changes in this procedure; 
     deviations from this procedure which do not substantially 
     impair the reliability of the record shall not relieve the 
     witness from his or her obligation to testify truthfully.
       10. Any witness desiring to read a prepared or written 
     statement in executive or public hearings shall file a copy 
     of such statement with the Chief Counsel or Chairman of the 
     Subcommittee 48 hours in advance of the hearings at which the 
     statement is to be presented unless the Chairman and the 
     Ranking Minority Member waive this requirement. The 
     Subcommittee shall determine whether such statement may be 
     read or placed in the Record of the hearing.
       11. A witness may request, on grounds of distraction, 
     harassment, personal safety, or physical discomfort, that 
     during the testimony, television, motion picture, and other 
     cameras and lights, shall not be directed at him or her. Such 
     requests shall be ruled on by the Subcommittee Members 
     present at the hearing.
       12. An accurate stenographic record shall be kept of the 
     testimony of all witnesses in executive and public hearings. 
     The record of his or her own testimony, whether in public or 
     executive session, shall be made available for inspection by 
     witness or his or her counsel under Subcommittee supervision; 
     a copy of any testimony given in public session or that part 
     of the testimony given by the witness in executive session 
     and subsequently quoted or made part of the record in a 
     public session shall be made available to any witness at his 
     or her expense if he or she so requests.
       13. Interrogation of witnesses at Subcommittee hearings 
     shall be conducted on behalf of the Subcommittee by Members 
     and authorized Subcommittee staff personnel only.
       14. Any person who is the subject of an investigation in 
     public hearings may submit to the Chairman of the 
     Subcommittee questions in writing for the cross-examination 
     of other witnesses called by the Subcommittee. With the 
     consent of a majority of the Members of the Subcommittee 
     present and voting, these questions, or paraphrased versions 
     of them, shall be put to the witness by the Chairman, by a 
     Member of the Subcommittee, or by counsel of the 
     Subcommittee.
       15. Any person whose name is mentioned or who is 
     specifically identified, and who believes that testimony or 
     other evidence presented at a public hearing, or comment made 
     by a Subcommittee Member or counsel, tends to defame him or 
     her or otherwise adversely affect his or her reputation, may 
     (a) request to appear personally before the Subcommittee to 
     testify in his or her own behalf, or, in the alternative, (b) 
     file a sworn statement of facts relevant to the testimony or 
     other evidence or comment complained of. Such request and 
     such statement shall be submitted to the Subcommittee for its 
     consideration and action.
       If a person requests to appear personally before the 
     Subcommittee pursuant to alternative (a) referred to herein, 
     said request shall be considered untimely if it is not 
     received by the Chairman of the Subcommittee or its counsel 
     in writing on or before thirty (30) days subsequent to the 
     day on which said person's name was mentioned or otherwise 
     specifically identified during a public hearing held before 
     the Subcommittee, unless the Chairman and the Ranking 
     Minority Member waive this requirement.
       If a person requests the filing of his or her sworn 
     statement pursuant to alternative (b) referred to herein, the 
     Subcommittee may condition the filing of said sworn statement 
     upon said person agreeing to appear personally before the 
     Subcommittee and to testify concerning the matters contained 
     in his or her sworn statement, as well as any other matters 
     related to the subject of the investigation before the 
     Subcommittee.
       16. All testimony taken in executive session shall be kept 
     secret and will not be released for public information 
     without the approval of a majority of the Subcommittee.
       17. No Subcommittee report shall be released to the public 
     unless approved by a majority of the Subcommittee and after 
     no less than 10 days' notice and opportunity for comment by 
     the Members of the Subcommittee unless the need for such 
     notice and opportunity to comment has been waived in writing 
     by a majority of the Minority Members.
       18. The Ranking Minority Member may select for appointment 
     to the Subcommittee staff a Chief Counsel for the Minority 
     and such other professional staff members and clerical 
     assistants as he or she deems advisable. The total 
     compensation allocated to such Minority staff members shall 
     be not less than one-third the total amount allocated for all 
     Subcommittee staff salaries during any given year. The 
     Minority staff members shall work under the direction and 
     supervision of the Ranking Minority Member. The Chief Counsel 
     for the Minority shall be kept fully informed as to 
     preliminary inquiries, investigations, and hearings, and 
     shall have access to all material in the files of the 
     Subcommittee.
       19. When it is determined by the Chairman and Ranking 
     Minority Member, or by a majority of the Subcommittee, that 
     there is reasonable cause to believe that a violation of law 
     may have occurred, the Chairman and Ranking Minority Member 
     by letter, or the Subcommittee by resolution, are authorized 
     to report such violation to the proper State, local and/or 
     Federal authorities. Such letter or report may recite the 
     basis for the determination of reasonable cause. This rule is 
     not authority for release of documents or testimony.

                          ____________________




                    SPEAK OUT ON HIGH ENERGY PRICES

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

       Thank you for this opportunity to talk about this issue.
       I am not complaining. I have a wonderful life here in Idaho 
     that I could never afford in California. These are the facts 
     of my life.
       I am a 46-year-old, divorced female with no children. I am 
     a high school graduate. I am not a minority. I am an American 
     citizen.

[[Page 5450]]

       Like a lot of Idahoans, I work full time for a low wage. I 
     make $13.00 an hour without employee benefits. I buy my own 
     health insurance and contribute an inadequate amount to my 
     own IRA. I do own a modest town home in downtown Boise. I 
     have almost paid off my dream vehicle, a medium-sized pickup 
     truck. My monthly expenses are about $1,200 a month. This 
     does not include groceries, gas, clothes or entertainment. I 
     commute seven miles (round trip) to my job at Hewlett-Packard 
     five days a week. I eat my lunch at my desk. I love my job, I 
     love my home, I love my truck, I love Idaho!
       Last year it was really tight. I kept my home heat at 60-65 
     degrees during the winter. This year it is impossible for me 
     to make ends meet. The cost of gas and food has increased way 
     more than my salary. I am using my credit card, that I had 
     just paid off, to put gas into my truck. Dumb, but I got to 
     have gas to make my life work. We all do!
       I have a small ``carbon footprint.'' And [now I am told to 
     conserve!]
       I looked at taking the bus, Valley Ride. It would take me 
     one-and-a-half hours to take the bus to work and one-and-a-
     half hours to go home at the end of the day. My time is too 
     valuable. I would rather go to the gym, ride my bike on the 
     greenbelt, play with my dog, mow my lawn, have a beer with my 
     buds.
       I am furious! There is no reason on God's green earth why 
     this should be happening to Americans. We are the greatest 
     nation on earth with vast resources that our Government has 
     taken from us with their [moratoriums!]
       Manmade global warming is nothing more that a leftist power 
     grab and I am sick of elitists telling the rest of us how to 
     live our lives! I want to take care of myself, not the 
     government! What we have going on [right now] is national 
     economic suicide! I appreciate all you try to do for Idaho 
     and the citizens of the United States. You have been a 
     wonderful Senator. I am very excited about having nuclear 
     power plants in Idaho. And I look forward to our State 
     creating more businesses, jobs and revenue by using our 
     state's renewable resources. Any chance Idaho has some coal 
     or oil we could exploit? Free market is the way to go for all 
     of America's needs!
     Suzanne, Boise.
                                  ____

       I am sure you have received thousands of responses by now, 
     and I am sure I am not the first to come to you with these 
     concerns and ideas. I just hope that adding our ``story'' to 
     the mix, might add some additional light to the situation.
       Who we are: We are a family of six. Our children are 5 
     years and almost 3-year-old triplets. We own/operate a dairy 
     in Kuna.
       Each trip into Boise costs us about $10 (round trip) in 
     gas. I used to do all my shopping at Walmart/Costco/Winco 
     since the price of groceries are cheaper there than at our 
     Kuna Paul's store. However, adding in the cost of gas now 
     makes tasks as simple as grocery shopping that much more 
     expensive. We are trying to last up to 2 weeks in between 
     shopping trips, just because of the cost of gas. We are 
     eating more frozen foods and less fresh foods.
       Trips to the zoo or park have been completely eliminated.
       My husband and I have been volunteering at St. Luke's NICU 
     for the last eight months, but have been finding it hard to 
     justify spending the $10 in gas each time we go, when we are 
     struggling just to pay for the groceries each month.
       At our dairy, the cost to feed our own livestock is 
     astronomically high!! The past several months have all been 
     negative income months due entirely to the cost of grains. As 
     a dairy owner, the milk price is going to have to go higher 
     if dairies are going to survive.
       My suggestions: Abolish the ethanol subsidies. It is 
     pushing our food prices higher and higher. The cost of grain 
     to make foods or to feed the livestock (that then becomes our 
     food) is pushing a lot of the grocery bills higher and 
     higher. If we have to, we can start riding bikes, but I do 
     not have much choice when it comes to feeding my family.
       We need to become more self-sufficient for our own energy 
     needs. We need to start drilling. We need to start pushing 
     for more electric and hybrid cars. Could we even start a 
     program that would help convert gas engines into hybrids??? I 
     would gladly spend a couple thousand (probably would go on a 
     credit card honestly) right now to convert our family vehicle 
     into a hybrid!
       Hopefully you have time to read this e-mail and if you did, 
     thank you so much!
     Leslie.
                                  ____

       I am cutting back on fuel and fertilizer as much as I can. 
     But, as a person pushing seventy, being frugal and ``making 
     do'' is no problem and the challenge can be rather 
     enjoyable--a virtue, not a vice. This seems to not be the 
     case with the ``boomers'' and their progeny. They do not want 
     to do without and they look for simplistic answers from 
     politicians to a complex issue.
       This is what I have seen in my lifetime: A doubling of 
     world population every 25 years; Rising standards of living 
     in large areas of the non-Western European-North American 
     world and rising demand for energy; Finite easily and cheaply 
     accessible oil and gas reserves; Unmistakable evidence of 
     serious environmental damage, in part due to profligate use 
     of fossil fuels; The swing in my lifetime away from efficient 
     affordable public transportation and towards an emphasis on 
     private motor transportation, truck haulage, and air travel; 
     A reversal of conservation measures and the encouragement of 
     alternative energy development began in the seventies.
       There are no quick fixes. The feds and the states can 
     embark on a serious program of conservation. They can see 
     what the Europeans have done along these lines the past 
     thirty years. They can get really serious about public 
     transportation--especially rail--the most efficient way of 
     moving freight and people on land. More efficient engines as 
     well, and smaller vehicles.
       Long term, we need a serious energy strategy that involves 
     alternatives, renewables, and changing lifestyles.
       Can it be done? It better be done, but it will take some 
     real leadership on the national level.
     Cleve, Bonners Ferry.
                                  ____

       Drill! Build new refineries! Stop cowering to the 
     environmental special interests! Stop selling this country's 
     sovereign nation down the tubes. Thank you for trying to do 
     something about this crisis.
       The opportunity to have an open dialog regarding high 
     energy prices is a refreshing change. It is apparent to me 
     that by opening this door you are comfortable in the 
     understanding that elected officials serve the people 
     interest and not visa-versa.
       My family is struggling. The increases we are seeing in the 
     cost of energy are directly affected ``every'' area of our 
     life. We are a simple middle-class family. Prior to this last 
     year, we had seen a steady increase in the cost of living. 
     However the sharp rise over the last year has been so 
     tremendous we have been forced cut way back.
       Highlights from the previous 12 months: We have depleted 
     our savings accounts; We have accepted food donations; We 
     have removed a large majority of all non-essential expenses 
     in the home; We are using the economic stimulus check to pay 
     off our tax debt from last year.
       Idaho's economy is not on an even par with California, 
     Florida, New York or Washington D.C. Wages are substantially 
     lower here. Yet the cost of living is skyrocketing. This is 
     directly due to the higher energy costs. Currently we do not 
     have an alternate source of power to move our industry. A 
     gallon of milk or a dozen eggs are produced, processed and 
     transported with the use of natural gas, coal and oil. These 
     are the three primary resources used by industrial nations to 
     sustain their viability.
       We are losing our viability and limiting our innovation. If 
     you take a look at Maslow's Hierarchy of Needs theory, you 
     will see that human nature will move up or down based on 
     whether the needs at a given level are being met. The cost of 
     living is forcing our society to circle the wagons. People 
     are spending money on food that, in some cases, has doubled. 
     Basic services that were affordable in years past are not. 
     Small businesses are suffering. Large businesses are losing 
     the support of small businesses all of which has stalling 
     economic growth. Stalled economic growth creates a cascading 
     snowball pushing us closer and closer to the razor's edge. In 
     our country, we have always been considered a nation of 
     opportunity. We are falling backwards. Hope, vision, trust 
     and growth are losing ground to Fear and Anger.
       As the cost of fuel go up, manufacturers push their costs 
     onto the markets and the markets just push those cost onto 
     the consumer. Initially the manufacturers and markets do not 
     feel a big squeeze because the consumer adjusts to the 
     market. My wife spent about six months adjusting to the 
     market before we gave up and drastically changed our consumer 
     spending habits. Please inform your fellow Senators that 
     until energy cost go down you will see very little of my 
     money coming in from consumer based taxes currently being 
     levied because I refuse to buy ``anything!'' if I cannot 
     supply shelter and food for my family.
       You should warn your fellow Senators that the markets that 
     lobby for their support are going to start screaming very 
     soon, if they are not already, to take action. If the 
     government is unwilling to move based on the requests of the 
     people they server maybe they will move when the markets 
     force them and the money generated from taxes starts to dry 
     up.
       There is a groundswell out here of people that will, out of 
     necessity, organize to find ways to reduce cost without the 
     help of government and without the need to rely on markets. 
     Due to the lack of action by the government to allow for the 
     explore from additional resources, both the government and 
     the markets are going to see a major shift away from a 
     consumer-based economy.
       Reduction in the cost of energy plus a increase the 
     investment in exploration plus increase the investment in 
     alternate energy sources equals Sustainability, Growth, 
     Innovation, Independence, Cost of living reduction, increased 
     revenue.
       Please also remember to remind your fellow Senators that 
     ``We the People'' do not

[[Page 5451]]

     work hard to increase government revenue. We work hard to 
     sustain and/or increase personal revenue.
     Sean, Boise.
                                  ____

       I think this country is going to go down the tubes because 
     no one will take action and are pandering to the extreme 
     environmentalists. Why do we think that the rest of the world 
     needs to take all the risks of oil drilling and we do not. 
     Yes, eventually our country could probably adjust to the lack 
     of oil we have now. But this happened way too fast and 
     adjustments just cannot happen fast enough. We need to have 
     our own supplies and we need to be taking steps now for our 
     own supplies and to develop alternatives. I back 100% the 
     drilling and even going to Alaska. Most people who have lived 
     there or know about the pipelines say that there is almost no 
     negative effects on wildlife. We cannot go on not taking our 
     own risks for our own oil.
       My husband and myself live in a community that is 30 miles 
     from the nearest decent grocery store and jobs. We cannot 
     afford to go out and buy a high gas mileage car right now, so 
     what are we to do? We do not have a mass transit system 
     available to us--not even a bus. I am 65 and never thought 
     that I would see our life end the way it looks like it is 
     going to end. The US has lost its supremacy in this world and 
     we will soon be a second rate country, if not third world.
       Thank you for asking common citizens their opinions. I do 
     not know of anyone that agrees with what is happening and the 
     burying of the heads in the sand. I hate what Pres. Bush has 
     done to this country, but I am very afraid of where we will 
     go under the extreme Democrats.
                                                           Lesley.
       My husband and I are both past retirement age, and we live 
     for the most part on a fixed income, which we supplement by 
     both of us working part-time. My husband is in very poor 
     health, but he has to work in order for us to get by 
     financially. The energy prices are having a great impact on 
     everyone that we know. They have driven up the cost of 
     everything. It does not matter what you buy--it costs more 
     every time you go to the store. Our children live in the 
     Logan, Utah area, the Boise area, and in Houston, Texas. We 
     are now to the point where we cannot go to watch our 
     grandchildren's ball games, school programs, recitals, Church 
     programs etc. We have older grandchildren, so there are 
     showers, weddings, missionary farewells and reports. We have 
     several family gatherings every year, and now we all feel 
     that we cannot afford to travel. I know that you share our 
     beliefs in the importance of the family and spending time 
     together. It no longer is a matter of choice--we cannot 
     afford to visit them, and they cannot afford to come home. 
     When I went to Rigby this morning, gas was $3.93. When I came 
     home an hour later, it was $4.05--a 12-cent raise, and we all 
     know it is just going to continue to go higher. Utah Power 
     has asked for a rate increase, and the cost of propane has 
     increased along with gas prices. Our income will only cover 
     so much expense no matter how much we try to cut back and cut 
     out.
       We support using our own oil--uncapping existing wells, 
     drilling wherever there is oil, drilling in ANWR, and 
     drilling offshore. We support nuclear energy. We do not 
     support the manufacture and use of ethanol. Making ethanol 
     has pushed corn prices out of sight, which has affected 
     livestock prices, further increasing the cost of food. It 
     takes too much energy to produce ethanol for it to be 
     economically feasible. We have been sold the proverbial 
     ``bill of goods'' where ethanol is concerned.
       Thank you for everything that you are doing to try to solve 
     the energy crisis. We appreciate your efforts very much.
     Gary and Julie, Rigby.
                                  ____

       The gas prices have impacted our family significantly. We 
     have three vehicles that we use for transportation. Since the 
     price of gas has increased, we spend almost as much on gas as 
     we do for a house payment. That is excessive! All of our 
     transportation is to and from work and school, and running 
     errand such as doctor appointment and getting groceries.
       We have tried to cut down the car usage by car pooling and 
     riding our bike when possible. This seldom works because our 
     schedules seldom correspond with each other and they are not 
     flexible enough to get them to work; we do not have a bus 
     service out by where we live so that is not an option; we do 
     not have a safe bike lane and/or sidewalks to ride our bikes 
     without competing for space with other vehicles that drive 40 
     to 50 miles an hour even though the speed limit is 35. The 
     meeting places for the Share A Ride Program, are in the 
     opposite direction of where we need to be. We are prisoners 
     of our economy. This is both by gas prices and no other safe 
     alternative.
       The money for gas has got to come from somewhere so we do 
     not go to movies, out to eat, or camping. We have not ever 
     been able to take a typical vacation because our occupations 
     do not pay the type of salary that would support that 
     lifestyle, so camping three times in the summer was our form 
     of vacation. We do not fly anywhere or drive anywhere outside 
     of Boise and Meridian. My husband's family lives in 
     Pocatello, and it has been almost one year since we have 
     visited them.
       Everything has increased in price whether it is directly or 
     indirectly related to rising gas prices. I now hang my 
     clothes out on a clothesline instead of drying them in the 
     dryer; I raise vegetables in the garden instead of supporting 
     the farmer's market; I can anything and everything I can find 
     that is extra produce; we do not use the air conditioning at 
     all; we heat by burning wood in the fireplace. I am not sure 
     how we are going to afford the gas to pay for us to go and 
     cut our firewood for the coming winter.
       All prices are increasing, businesses are failing, 
     unemployment is at an all-time high. It has hit the working 
     class the hardest. The rich get richer and the poor get 
     poorer. For my generation, I feel this is the beginning of 
     our Depression for America. The sad thing is, I do not even 
     see a glimmer of hope for things to change in the next 15 
     years. By then I will be old enough to retire . . . but 
     retire to what?
       Thank you for this opportunity to tell you how our family 
     has been affected by the increase in fuel prices.
     Cathy, Boise.
                                  ____

       I am a [conservative voter] and applaud you for taking on 
     this issue. Please do all you can to lobby your colleagues to 
     vote for some of the following ideas to ease the energy 
     crisis.
       1. Open offshore areas for oil drilling
       2. Begin oil shale operations
       3. Drill in Alaska
       4. Increase our own production of natural gas
       5. Approve CLEAN coal plants
       6. Approve CLEAN nuclear plants
       7. Make it easier to get permits for oil refineries and 
     drilling
       Also, please work with Congress to limit the ability of 
     conservation groups to file lawsuits against the seven items 
     above. I am very tired of individuals and fringe groups 
     bogging down our great country with their ``legal 
     terrorism.''
       Finally, stop using corn for ethanol; investigate hydrogen 
     or electric instead.
     Eric.
                                  ____

       First of all, I am 50% whole bodied disabled and was not 
     able to live on our Social Security system so I am working at 
     what the doctors say I not do in order to make my payments on 
     my bills. Now the gas is over $4.00 a gallon and this makes 
     it worse because I am spending most of my money buying gas to 
     get to work. This also drives up all the basic needs such as 
     food on the table also. All extra activities are not 
     happening period. This is making it difficult when my pay is 
     only $1.15 more an hour than what I made almost 20 years ago. 
     Prices on everything including government must slow down so 
     my wages can catch up. By the way, gas 20 years ago was far 
     less than $0.60 a gallon then. Go figure.
     Doug, Rupert.

                          ____________________




     NOMINATION OF REPRESENTATIVE HILDA SOLIS TO BE LABOR SECRETARY

  Mr. McCAIN. Mr. President, Hilda Solis has a remarkable story of 
self-determination as the daughter of Mexican and Nicaraguan immigrants 
who has been nominated by the President to serve as our nation's 25th 
Secretary of Labor. Congresswoman Solis was the first from her family 
to graduate from college and then went on to earn a master's degree in 
public administration from the University of Southern California. In 
1992, she began her career in public service when she was elected to 
the California State Assembly and has represented California's 32nd 
District in the House of Representatives since 2000.
  These are very tough economic times for all Americans. Today, the 
Federal Reserve Chairman, Ben Bernanke, said that he doesn't expect our 
labor markets to improve until 2011. We will see the end of this 
recession. However, as businesses fight to get back on their feet, we 
need to be preparing and training workers who have lost their jobs so 
they can continue to succeed in our world economy. I hope that 
Congresswoman Solis, once confirmed, will make as a top priority the 
availability of adequate worker training programs for our labor force.
  While I know that Congresswoman Solis and I have divergent views on 
many of the issues she will consider as Labor Secretary, I am proud of 
her nomination as the first Latina to be considered for the position of 
Secretary of Labor. I do believe her nomination could have been 
considered sooner if the Congresswoman had not submitted documents to 
the Committee and the House of Representatives that included

[[Page 5452]]

errors and omissions, specifically regarding her position as Treasurer 
of a not-for-profit lobbying firm. However, I am pleased that the 
nominee worked with the Committee to correct these errors and omissions 
and hope this spirit of cooperation continues between Congresswoman 
Solis and the Congress when she serves as a member of the new 
administration.

                          ____________________




  ADDRESS BY THE PRESIDENT DELIVERED TO A JOINT SESSION OF CONGRESS ON 
                        FEBRUARY 24, 2009--PM 8

   The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was which was ordered to lie on the table.

 To The Congress of the United States:
   I've come here tonight not only to address the distinguished men and 
women in this great chamber, but to speak frankly and directly to the 
men and women who sent us here.
  I know that for many Americans watching right now, the state of our 
economy is a concern that rises above all others. And rightly so. If 
you haven't been personally affected by this recession, you probably 
know someone who has--a friend; a neighbor; a member of your family. 
You don't need to hear another list of statistics to know that our 
economy is in crisis, because you live it every day. It's the worry you 
wake up with and the source of sleepless nights. It's the job you 
thought you'd retire from but now have lost; the business you built 
your dreams upon that's now hanging by a thread; the college acceptance 
letter your child had to put back in the envelope. The impact of this 
recession is real, and it is everywhere.
  But while our economy may be weakened and our confidence shaken; 
though we are living through difficult and uncertain times, tonight I 
want every American to know this:
   We will rebuild, we will recover, and the United States of America 
will emerge stronger than before.
  The weight of this crisis will not determine the destiny of this 
Nation. The answers to our problems don't lie beyond our reach. They 
exist in our laboratories and universities; in our fields and our 
factories; in the imaginations of our entrepreneurs and the pride of 
the hardest-working people on Earth. Those qualities that have made 
America the greatest force of progress and prosperity in human history 
we still possess in ample measure. What is required now is for this 
country to pull together, confront boldly the challenges we face, and 
take responsibility for our future once more. Now, if we're honest with 
ourselves, we'll admit that for too long, we have not always met these 
responsibilities--as a Government or as a people. I say this not to lay 
blame or look backwards, but because it is only by understanding how we 
arrived at this moment that we'll be able to lift ourselves out of this 
predicament.
  The fact is, our economy did not fall into decline overnight. Nor did 
all of our problems begin when the housing market collapsed or the 
stock market sank. We have known for decades that our survival depends 
on finding new sources of energy. Yet we import more oil today than 
ever before. The cost of health care eats up more and more of our 
savings each year, yet we keep delaying reform. Our children will 
compete for jobs in a global economy that too many of our schools do 
not prepare them for. And though all these challenges went unsolved, we 
still managed to spend more money and pile up more debt, both as 
individuals and through our Government, than ever before.
   In other words, we have lived through an era where too often, short-
term gains were prized over long-term prosperity; where we failed to 
look beyond the next payment, the next quarter, or the next election. A 
surplus became an excuse to transfer wealth to the wealthy instead of 
an opportunity to invest in our future. Regulations were gutted for the 
sake of a quick profit at the expense of a healthy market. People 
bought homes they knew they couldn't afford from banks and lenders who 
pushed those bad loans anyway. And all the while, critical debates and 
difficult decisions were put off for some other time on some other day.
  Well that day of reckoning has arrived, and the time to take charge 
of our future is here.
  Now is the time to act boldly and wisely--to not only revive this 
economy, but to build a new foundation for lasting prosperity. Now is 
the time to jumpstart job creation, re-start lending, and invest in 
areas like energy, health care, and education that will grow our 
economy, even as we make hard choices to bring our deficit down. That 
is what my economic agenda is designed to do, and that's what I'd like 
to talk to you about tonight.
  It's an agenda that begins with jobs.
  As soon as I took office, I asked this Congress to send me a recovery 
plan by President's Day that would put people back to work and put 
money in their pockets. Not because I believe in bigger Government--I 
don't. Not because I'm not mindful of the massive debt we've 
inherited--I am. I called for action because the failure to do so would 
have cost more jobs and caused more hardships. In fact, a failure to 
act would have worsened our long-term deficit by assuring weak economic 
growth for years. That's why I pushed for quick action. And tonight, I 
am grateful that this Congress delivered, and pleased to say that the 
American Recovery and Reinvestment Act is now law.
  Over the next 2 years, this plan will save or create 3.5 million 
jobs. More than 90 percent of these jobs will be in the private 
sector--jobs rebuilding our roads and bridges; constructing wind 
turbines and solar panels; laying broadband and expanding mass transit.
   Because of this plan, there are teachers who can now keep their jobs 
and educate our kids. Health care professionals can continue caring for 
our sick. There are 57 police officers who are still on the streets of 
Minneapolis tonight because this plan prevented the layoffs their 
department was about to make.
  Because of this plan, 95 percent of the working households in America 
will receive a tax cut--a tax cut that you will see in your paychecks 
beginning on April 1st.
   Because of this plan, families who are struggling to pay tuition 
costs will receive a $2,500 tax credit for all four years of college. 
And Americans who have lost their jobs in this recession will be able 
to receive extended unemployment benefits and continued health care 
coverage to help them weather this storm.
   I know there are some in this chamber and watching at home who are 
skeptical of whether this plan will work. I understand that skepticism. 
Here in Washington, we've all seen how quickly good intentions can turn 
into broken promises and wasteful spending. And with a plan of this 
scale comes enormous responsibility to get it right.
  That is why I have asked Vice President Biden to lead a tough, 
unprecedented oversight effort--because nobody messes with Joe. I have 
told each member of my Cabinet as well as mayors and governors across 
the country that they will be held accountable by me and the American 
people for every dollar they spend. I have appointed a proven and 
aggressive Inspector General to ferret out any and all cases of waste 
and fraud. And we have created a new Web site called recovery.gov so 
that every American can find out how and where their money is being 
spent.
  So the recovery plan we passed is the first step in getting our 
economy back on track. But it is just the first step. Because even if 
we manage this plan flawlessly, there will be no real recovery unless 
we clean up the credit crisis that has severely weakened our financial 
system.
  I want to speak plainly and candidly about this issue tonight, 
because every American should know that it directly affects you and 
your family's well-being. You should also know that the money you've 
deposited in banks across the country is safe; your insurance is 
secure; and you can rely on the continued operation of our financial 
system. That is not the source of concern.

[[Page 5453]]

  The concern is that if we do not re-start lending in this country, 
our recovery will be choked off before it even begins.
  You see, the flow of credit is the lifeblood of our economy. The 
ability to get a loan is how you finance the purchase of everything 
from a home to a car to a college education; how stores stock their 
shelves, farms buy equipment, and businesses make payroll.
  But credit has stopped flowing the way it should. Too many bad loans 
from the housing crisis have made their way onto the books of too many 
banks. With so much debt and so little confidence, these banks are now 
fearful of lending out any more money to households, to businesses, or 
to each other. When there is no lending, families can't afford to buy 
homes or cars. So businesses are forced to make layoffs. Our economy 
suffers even more, and credit dries up even further.
  That is why this Administration is moving swiftly and aggressively to 
break this destructive cycle, restore confidence, and re-start lending.
  We will do so in several ways. First, we are creating a new lending 
fund that represents the largest effort ever to help provide auto 
loans, college loans, and small business loans to the consumers and 
entrepreneurs who keep this economy running.
  Second, we have launched a housing plan that will help responsible 
families facing the threat of foreclosure lower their monthly payments 
and refinance their mortgages. It's a plan that won't help speculators 
or that neighbor down the street who bought a house he could never hope 
to afford, but it will help millions of Americans who are struggling 
with declining home values--Americans who will now be able to take 
advantage of the lower interest rates that this plan has already helped 
bring about. In fact, the average family who refinances today can save 
nearly $2000 per year on their mortgage.
  Third, we will act with the full force of the Federal Government to 
ensure that the major banks that Americans depend on have enough 
confidence and enough money to lend even in more difficult times. And 
when we learn that a major bank has serious problems, we will hold 
accountable those responsible, force the necessary adjustments, provide 
the support to clean up their balance sheets, and assure the continuity 
of a strong, viable institution that can serve our people and our 
economy.
  I understand that on any given day, Wall Street may be more comforted 
by an approach that gives banks bailouts with no strings attached, and 
that holds nobody accountable for their reckless decisions. But such an 
approach won't solve the problem. And our goal is to quicken the day 
when we re-start lending to the American people and American business 
and end this crisis once and for all.
  I intend to hold these banks fully accountable for the assistance 
they receive, and this time, they will have to clearly demonstrate how 
taxpayer dollars result in more lending for the American taxpayer. This 
time, CEOs won't be able to use taxpayer money to pad their paychecks 
or buy fancy drapes or disappear on a private jet. Those days are over.
  Still, this plan will require significant resources from the Federal 
Government--and yes, probably more than we've already set aside. But 
while the cost of action will be great. I can assure you that the cost 
of inaction will be far greater, for it could result in an economy that 
sputters along for not months or years, but perhaps a decade. That 
would be worse for our deficit, worse for business, worse for you, and 
worse for the next generation. And I refuse to let that happen.
  I understand that when the last Administration asked this Congress to 
provide assistance for struggling banks, Democrats and Republicans 
alike were infuriated by the mismanagement and results that followed. 
So were the American taxpayers. So was I.
  So I know how unpopular it is to be seen as helping banks right now, 
especially when everyone is suffering in part from their bad decisions. 
I promise you--I get it.
  But I also know that in a time of crisis, we cannot afford to govern 
out of anger, or yield to the politics of the moment. My job--our job--
is to solve the problem. Our job is to govern with a sense of 
responsibility. I will not spend a single penny for the purpose of 
rewarding a single Wall Street executive, but I will do whatever it 
takes to help the small business that can't pay its workers or the 
family that has saved and still can't get a mortgage.
  That's what this is about. It's not about helping banks--it's about 
helping people. Because when credit is available again, that young 
family can finally buy a new home. And then some company will hire 
workers to build it. And then those workers will have money to spend, 
and if they can get a loan too, maybe they'll finally buy that car, or 
open their own business. Investors will return to the market, and 
American families will see their retirement secured once more. Slowly, 
but surely, confidence will return, and our economy will recover.
  So I ask this Congress to join me in doing whatever proves necessary. 
Because we cannot consign our Nation to an open-ended recession. And to 
ensure that a crisis of this magnitude never happens again, I ask the 
Congress to move quickly on legislation that will finally reform our 
outdated regulatory system. It is time to put in place tough, new 
common-sense rules of the road so that our financial market rewards 
drive and innovation, and punishes short-cuts and abuse.
  The recovery plan and the financial stability plan are the immediate 
steps we're taking to revive our economy in the short-term. But the 
only way to fully restore America's economic strength is to make the 
long-term investments that will lead to new jobs, new industries, and a 
renewed ability to compete with the rest of the world. The only way 
this century will be another American century is if we confront at last 
the price of our dependence on oil and the high cost of health care; 
the schools that aren't preparing our children and the mountain of debt 
they stand to inherit. That is our responsibility.
  In the next few days, I will submit a budget to the Congress. So 
often, we have come to view these documents as simply numbers on a page 
or laundry lists of programs. I see this document differently. I see it 
as a vision for America--as a blueprint for our future.
  My budget does not attempt to solve every problem or address every 
issue. It reflects the stark reality of what we've inherited--a 
trillion dollar deficit, a financial crisis, and a costly recession.
  Given these realities, everyone in this chamber--Democrats and 
Republicans--will have to sacrifice some worthy priorities for which 
there are no dollars. And that includes me.
  But that does not mean we can afford to ignore our long-term 
challenges. I reject the view that says our problems will simply take 
care of themselves; that says Government has no role in laying the 
foundation for our common prosperity.
  For history tells a different story. History reminds us that at every 
moment of economic upheaval and transformation, this Nation has 
responded with bold action and big ideas. In the midst of civil war, we 
laid railroad tracks from one coast to another that spurred commerce 
and industry. From the turmoil of the Industrial Revolution came a 
system of public high schools that prepared our citizens for a new age. 
In the wake of war and depression, the GI Bill sent a generation to 
college and created the largest middle class in history. And a twilight 
struggle for freedom led to a nation of highways, an American on the 
moon, and an explosion of technology that still shapes our world.
  In each case, Government didn't supplant private enterprise; it 
catalyzed private enterprise. It created the conditions for thousands 
of entrepreneurs and new businesses to adapt and to thrive.
  We are a Nation that has seen promise amid peril, and claimed 
opportunity from ordeal. Now we must be that nation again. That is why, 
even as it cuts back on the programs we don't need, the budget I submit 
will invest in the three areas that are absolutely critical to our 
economic future: energy, health care, and education.

[[Page 5454]]

  It begins with energy.
  We know the country that harnesses the power of clean, renewable 
energy will lead the 21st century. And yet, it is China that has 
launched the largest effort in history to make their economy energy 
efficient. We invented solar technology, but we've fallen behind 
countries like Germany and Japan in producing it. New plug-in hybrids 
roll off our assembly lines, but they will run on batteries made in 
Korea.
  Well I do not accept a future where the jobs and industries of 
tomorrow take root beyond our borders--and I know you don't either. It 
is time for America to lead again.
  Thanks to our recovery plan, we will double this Nation's supply of 
renewable energy in the next 3 years. We have also made the largest 
investment in basic research funding in American history--an investment 
that will spur not only new discoveries in energy, but breakthroughs in 
medicine, science, and technology.
  We will soon lay down thousands of miles of power lines that can 
carry new energy to cities and towns across this country. And we will 
put Americans to work making our homes and buildings more efficient so 
that we can save billions of dollars on our energy bills.
  But to truly transform our economy, protect our security, and save 
our planet from the ravages of climate change, we need to ultimately 
make clean, renewable energy the profitable kind of energy. So I ask 
this Congress to send me legislation that places a market-based cap on 
carbon pollution and drives the production of more renewable energy in 
America. And to support that innovation, we will invest $15 billion a 
year to develop technologies like wind power and solar power; advanced 
biofuels, clean coal, and more fuel-efficient cars and trucks built 
right here in America.
  As for our auto industry, everyone recognizes that years of bad 
decision-making and a global recession have pushed our automakers to 
the brink. We should not, and will not, protect them from their own bad 
practices. But we are committed to the goal of a re-tooled, re-imagined 
auto industry that can compete and win. Millions of jobs depend on it. 
Scores of communities depend on it. And I believe the Nation that 
invented the automobile cannot walk away from it.
  None of this will come without cost, nor will it be easy. But this is 
America. We don't do what's easy. We do what is necessary to move this 
country forward.
  For that same reason, we must also address the crushing cost of 
health care.
  This is a cost that now causes a bankruptcy in America every 30 
seconds. By the end of the year, it could cause 1.5 million Americans 
to lose their homes. In the last 8 years, premiums have grown four 
times faster than wages. And in each of these years, one million more 
Americans have lost their health insurance. It is one of the major 
reasons why small businesses close their doors and corporations ship 
jobs overseas. And it's one of the largest and fastest-growing parts of 
our budget.
  Given these facts, we can no longer afford to put health care reform 
on hold.
  Already, we have done more to advance the cause of health care reform 
in the last thirty days than we have in the last decade. When it was 
days old, this Congress passed a law to provide and protect health 
insurance for 11 million American children whose parents work full-
time. Our recovery plan will invest in electronic health records and 
new technology that will reduce errors, bring down costs, ensure 
privacy, and save lives. It will launch a new effort to conquer a 
disease that has touched the life of nearly every American by seeking a 
cure for cancer in our time. And it makes the largest investment ever 
in preventive care, because that is one of the best ways to keep our 
people healthy and our costs under control.
  This budget builds on these reforms. It includes an historic 
commitment to comprehensive health care reform--a down payment on the 
principle that we must have quality, affordable health care for every 
American. It's a commitment that's paid for in part by efficiencies in 
our system that are long overdue. And it's a step we must take if we 
hope to bring down our deficit in the years to come.
  Now, there will be many different opinions and ideas about how to 
achieve reform, and that is why I'm bringing together businesses and 
workers, doctors and health care providers, Democrats and Republicans 
to begin work on this issue next week.
  I suffer no illusions that this will be an easy process. It will be 
hard. But I also know that nearly a century after Teddy Roosevelt first 
called for reform, the cost of our health care has weighed down our 
economy and the conscience of our Nation long enough. So let there be 
no doubt: health care reform cannot wait, it must not wait, and it will 
not wait another year.
  The third challenge we must address is the urgent need to expand the 
promise of education in America.
  In a global economy where the most valuable skill you can sell is 
your knowledge, a good education is no longer just a pathway to 
opportunity--it is a prerequisite.
  Right now, three-quarters of the fastest-growing occupations require 
more than a high school diploma. And yet, just over half of our 
citizens have that level of education. We have one of the highest high 
school dropout rates of any industrialized nation. And half of the 
students who begin college never finish.
  This is a prescription for economic decline, because we know the 
countries that out-teach us today will out-compete us tomorrow. That is 
why it will be the goal of this Administration to ensure that every 
child has access to a complete and competitive education--from the day 
they are born to the day they begin a career.
  Already, we have made an historic investment in education through the 
economic recovery plan. We have dramatically expanded early childhood 
education and will continue to improve its quality, because we know 
that the most formative learning comes in those first years of life. We 
have made college affordable for nearly seven million more students. 
And we have provided the resources necessary to prevent painful cuts 
and teacher layoffs that would set back our children's progress.
  But we know that our schools don't just need more resources. They 
need more reform. That is why this budget creates new incentives for 
teacher performance; pathways for advancement, and rewards for success. 
We'll invest in innovative programs that are already helping schools 
meet high standards and close achievement gaps. And we will expand our 
commitment to charter schools.
  It is our responsibility as lawmakers and educators to make this 
system work. But it is the responsibility of every citizen to 
participate in it. And so tonight, I ask every American to commit to at 
least 1 year or more of higher education or career training. This can 
be community college or a four-year school; vocational training or an 
apprenticeship. But whatever the training may be, every American will 
need to get more than a high school diploma. And dropping out of high 
school is no longer an option. It's not just quitting on yourself, it's 
quitting on your country--and this country needs and values the talents 
of every American. That is why we will provide the support necessary 
for you to complete college and meet a new goal: by 2020, America will 
once again have the highest proportion of college graduates in the 
world.
  I know that the price of tuition is higher than ever, which is why if 
you are willing to volunteer in your neighborhood or give back to your 
community or serve your country, we will make sure that you can afford 
a higher education. And to encourage a renewed spirit of national 
service for this and future generations, I ask this Congress to send me 
the bipartisan legislation that bears the name of Senator Orrin Hatch 
as well as an American who has never stopped asking what he can do for 
his country--Senator Edward Kennedy.
  These education policies will open the doors of opportunity for our 
children. But it is up to us to ensure they

[[Page 5455]]

walk through them. In the end, there is no program or policy that can 
substitute for a mother or father who will attend those parent/teacher 
conferences, or help with homework after dinner, or turn off the TV, 
put away the video games, and read to their child. I speak to you not 
just as a President, but as a father when I say that responsibility for 
our children's education must begin at home.
  There is, of course, another responsibility we have to our children. 
And that is the responsibility to ensure that we do not pass on to them 
a debt they cannot pay. With the deficit we inherited, the cost of the 
crisis we face, and the long-term challenges we must meet, it has never 
been more important to ensure that as our economy recovers, we do what 
it takes to bring this deficit down.
  I'm proud that we passed the recovery plan free of earmarks, and I 
want to pass a budget next year that ensures that each dollar we spend 
reflects only our most important national priorities.
  Yesterday, I held a fiscal summit where I pledged to cut the deficit 
in half by the end of my first term in office. My Administration has 
also begun to go line by line through the Federal budget in order to 
eliminate wasteful and ineffective programs. As you can imagine, this 
is a process that will take some time. But we're starting with the 
biggest lines. We have already identified two trillion dollars in 
savings over the next decade.
  In this budget, we will end education programs that don't work and 
end direct payments to large agribusinesses that don't need them. We'll 
eliminate the no-bid contracts that have wasted billions in Iraq, and 
reform our defense budget so that we're not paying for Cold War-era 
weapons systems we don't use. We will root out the waste, fraud, and 
abuse in our Medicare program that doesn't make our seniors any 
healthier, and we will restore a sense of fairness and balance to our 
tax code by finally ending the tax breaks for corporations that ship 
our jobs overseas.
  In order to save our children from a future of debt, we will also end 
the tax breaks for the wealthiest 2 percent of Americans. But let me be 
perfectly clear, because I know you'll hear the same old claims that 
rolling back these tax breaks means a massive tax increase on the 
American people: if your family earns less than $250,000 a year, you 
will not see your taxes increased a single dime. I repeat: not one 
single dime. In fact, the recovery plan provides a tax cut--that's 
right, a tax cut--for 95 percent of working families. And these checks 
are on the way.
  To preserve our long-term fiscal health, we must also address the 
growing costs in Medicare and Social Security. Comprehensive health 
care reform is the best way to strengthen Medicare for years to come. 
And we must also begin a conversation on how to do the same for Social 
Security, while creating tax-free universal savings accounts for all 
Americans.
  Finally, because we're also suffering from a deficit of trust, I am 
committed to restoring a sense of honesty and accountability to our 
budget. That is why this budget looks ahead 10 years and accounts for 
spending that was left out under the old rules--and for the first time, 
that includes the full cost of fighting in Iraq and Afghanistan. For 7 
years, we have been a nation at war. No longer will we hide its price.
  We are now carefully reviewing our policies in both wars, and I will 
soon announce a way forward in Iraq that leaves Iraq to its people and 
responsibly ends this war.
  And with our friends and allies, we will forge a new and 
comprehensive strategy for Afghanistan and Pakistan to defeat al Qaeda 
and combat extremism. Because I will not allow terrorists to plot 
against the American people from safe havens half a world away.
  As we meet here tonight, our men and women in uniform stand watch 
abroad and more are readying to deploy. To each and every one of them, 
and to the families who bear the quiet burden of their absence, 
Americans are united in sending one message: we honor your service, we 
are inspired by your sacrifice, and you have our unyielding support. To 
relieve the strain on our forces, my budget increases the number of our 
soldiers and Marines. And to keep our sacred trust with those who 
serve, we will raise their pay, and give our veterans the expanded 
health care and benefits that they have earned.
  To overcome extremism, we must also be vigilant in upholding the 
values our troops defend--because there is no force in the world more 
powerful than the example of America. That is why I have ordered the 
closing of the detention center at Guantanamo Bay, and will seek swift 
and certain justice for captured terrorists--because living our values 
doesn't make us weaker, it makes us safer and it makes us stronger. And 
that is why I can stand here tonight and say without exception or 
equivocation that the United States of America does not torture.
   In words and deeds, we are showing the world that a new era of 
engagement has begun. For we know that America cannot meet the threats 
of this century alone, but the world cannot meet them without America. 
We cannot shun the negotiating table, nor ignore the foes or forces 
that could do us harm. We are instead called to move forward with the 
sense of confidence and candor that serious times demand.
   To seek progress toward a secure and lasting peace between Israel 
and her neighbors, we have appointed an envoy to sustain our effort. To 
meet the challenges of the 21st century--from terrorism to nuclear 
proliferation; from pandemic disease to cyber threats to crushing 
poverty--we will strengthen old alliances, forge new ones, and use all 
elements of our national power.
  And to respond to an economic crisis that is global in scope, we are 
working with the nations of the G-20 to restore confidence in our 
financial system, avoid the possibility of escalating protectionism, 
and spur demand for American goods in markets across the globe. For the 
world depends on us to have a strong economy, just as our economy 
depends on the strength of the world's.
   As we stand at this crossroads of history, the eyes of all people in 
all nations are once again upon us--watching to see what we do with 
this moment; waiting for us to lead.
  Those of us gathered here tonight have been called to govern in 
extraordinary times. It is a tremendous burden, but also a great 
privilege--one that has been entrusted to few generations of Americans. 
For in our hands lies the ability to shape our world for good or for 
ill.
   I know that it is easy to lose sight of this truth--to become 
cynical and doubtful; consumed with the petty and the trivial. co But 
in my life, I have also learned that hope is found in unlikely places; 
that inspiration often comes not from those with the most power or 
celebrity, but from the dreams and aspirations of Americans who are 
anything but ordinary.
   I think about Leonard Abess, the bank president from Miami who 
reportedly cashed out of his company, took a $60 million bonus, and 
gave it out to all 399 people who worked for him, plus another 72 who 
used to work for him. He didn't tell anyone, but when the local 
newspaper found out, he simply said, ``I knew some of these people 
since I was 7 years old. I didn't feel right getting the money 
myself.''
  I think about Greensburg, Kansas, a town that was completely 
destroyed by a tornado, but is being rebuilt by its residents as a 
global example of how clean energy can power an entire community--how 
it can bring jobs and businesses to a place where piles of bricks and 
rubble once lay. ``The tragedy was terrible,'' said one of the men who 
helped them rebuild. ``But the folks here know that it also provided an 
incredible opportunity.''
  And I think about Ty'Sheoma Bethea, the young girl from that school I 
visited in Dillon, South Carolina--a place where the ceilings leak, the 
paint peels off the walls, and they have to stop teaching six times a 
day because the train barrels by their classroom. She has been told 
that her school is hopeless, but the other day after class she went to 
the public library and typed up a letter to the people sitting in this 
room. She even asked her principal for the money to buy a stamp. The 
letter asks us for

[[Page 5456]]

help, and says, ``We are just students trying to become lawyers, 
doctors, congressmen like yourself and one day president, so we can 
make a change to not just the state of South Carolina but also the 
world. We are not quitters.''
  We are not quitters.
  These words and these stories tell us something about the spirit of 
the people who sent us here. They tell us that even in the most trying 
times, amid the most difficult circumstances, there is a generosity, a 
resilience, a decency, and a determination that perseveres; a 
willingness to take responsibility for our future and for posterity.
  Their resolve must be our inspiration. Their concerns must be our 
cause. And we must show them and all our people that we are equal to 
the task before us.
  I know that we haven't agreed on every issue thus far, and there are 
surely times in the future when we will part ways. But I also know that 
every American who is sitting here tonight loves this country and wants 
it to succeed. That must be the starting point for every debate we have 
in the coming months, and where we return after those debates are done. 
That is the foundation on which the American people expect us to build 
common ground.
  And if we do--if we come together and lift this Nation from the 
depths of this crisis; if we put our people back to work and restart 
the engine of our prosperity; if we confront without fear the 
challenges of our time and summon that enduring spirit of an America 
that does not quit, then someday years from now our children can tell 
their children that this was the time when we performed, in the words 
that are carved into this very chamber, ``something worthy to be 
remembered.'' Thank you, God Bless you, and may God Bless the United 
States of America.
                                                        Barack Obama.  
The White House, February 24, 2009.

                          ____________________




                         MESSAGE FROM THE HOUSE

  At 2:31 p.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 44. An act to implement the recommendations of the 
     Guam War Claims Review Commission.
       H.R. 601. An act to provide for the conveyance of parcels 
     of land to Mantua, Box Elder County, Utah.
       H.R. 603. An act to require the conveyance of certain 
     public land within the boundaries of Camp Williams, Utah, to 
     support the training and readiness of the Utah National 
     Guard.
       H.R. 714. An act to authorize the Secretary of the Interior 
     to lease certain lands in Virgin Islands National Park, and 
     for other purposes.
       H.R. 911. An act to require certain standards and 
     enforcement provisions to prevent child abuse and neglect in 
     residential programs, and for other purposes.

                          ____________________




                           MEASURES REFERRED

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

       H.R. 44. An act to implement the recommendations of the 
     Guam War Claims Review Commission; to the Committee on Energy 
     and Natural Resources.
       H.R. 601. An act to provide for the conveyance of parcels 
     of land to Mantua, Box Elder County, Utah; to the Committee 
     on Energy and Natural Resources.
       H.R. 603. An act to require the conveyance of certain 
     public land within the boundaries of Camp Williams, Utah, to 
     support the training and readiness of the Utah National 
     Guard; to the Committee on Energy and Natural Resources.
       H.R. 714. An act to authorize the Secretary of the Interior 
     to lease certain lands in Virgin Islands National Park, and 
     for other purposes; to the Committee on Energy and Natural 
     Resources.
       H.R. 911. An act to require certain standards and 
     enforcement provisions to prevent child abuse and neglect in 
     residential programs, and for other purposes; to the 
     Committee on Health, Education, Labor, and Pensions.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. INOUYE, from the Committee on Appropriations:
       Special Report entitled ``Further Revised Allocation to 
     Subcommittees'' (Rept. No. 111-4).

                          ____________________




              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. THUNE (for himself and Ms. Klobuchar):
       S. 457. A bill to establish pilot projects under the 
     Medicare program to provide incentives for home health 
     agencies to utilize home monitoring and communications 
     technologies; to the Committee on Finance.
           By Mr. GRASSLEY (for himself, Mr. Durbin, Mr. Leahy, 
             Mr. Specter, and Mr. Whitehouse):
       S. 458. A bill to amend the False Claims Act; to the 
     Committee on the Judiciary.
           By Mrs. McCASKILL (for herself and Mr. Corker):
       S. 459. A bill to improve and enhance substance use 
     disorder programs for members of the Armed Forces, and for 
     other purposes; to the Committee on Armed Services.
           By Mr. GRASSLEY (for himself and Mr. Feingold):
       S. 460. A bill to amend the Agriculture Marketing Act of 
     1946 to foster efficient markets and increase competition and 
     transparency among packers that purchase livestock from 
     producers; to the Committee on Agriculture, Nutrition, and 
     Forestry.
           By Mrs. LINCOLN (for herself and Mr. Crapo):
       S. 461. A bill to amend the Internal Revenue Code of 1986 
     to extend and modify the railroad track maintenance credit; 
     to the Committee on Finance.
           By Mrs. BOXER (for herself and Mr. Vitter):
       S. 462. A bill to amend the Lacey Act Amendments of 1981 to 
     prohibit the importation, exportation, transportation, and 
     sale, receipt, acquisition, or purchase in interstate or 
     foreign commerce, of any live animal of any prohibited 
     wildlife species, and for other purposes; to the Committee on 
     Environment and Public Works.
            By Mr. KERRY:
       S. 463. A bill to impose limitations on certain 
     expenditures by participants in the Troubled Asset Relief 
     Program; to the Committee on Banking, Housing, and Urban 
     Affairs.
           By Mr. DODD (for himself, Mr. Cochran, Mr. Kennedy, Ms. 
             Mikulski, Mr. Casey, Mrs. Lincoln, Mr. Cardin, Mr. 
             Rockefeller, and Mr. Nelson of Florida):
       S. 464. A bill to amend the National and Community Service 
     Act of 1990 to improve the educational awards provided for 
     national service, and for other purposes; to the Committee on 
     Health, Education, Labor, and Pensions.
           By Mr. DODD (for himself, Mr. Cochran, Mr. Kennedy, Mr. 
             Casey, and Mr. Nelson of Florida):
       S. 465. A bill to amend the National and Community Service 
     Act of 1990 to establish a Semester of Service grant program, 
     and for other purposes; to the Committee on Health, 
     Education, Labor, and Pensions.
           By Mr. DODD (for himself, Mr. Cochran, Mr. Kennedy, Mr. 
             Casey, Mr. Kerry, Mr. Rockefeller, and Mr. Nelson of 
             Florida):
       S. 466. A bill to amend the National and Community Service 
     Act of 1990 to establish a Summer of Service State grant 
     program, a Summer of Service national direct grant program, 
     and related national activities, and for other purposes; to 
     the Committee on Health, Education, Labor, and Pensions.
           By Mr. DODD (for himself, Mr. Cochran, Mr. Kennedy, Mr. 
             Casey, Mr. Kohl, and Mr. Nelson of Florida):
       S. 467. A bill to amend the National and Community Service 
     Act of 1990 to establish Encore Service Programs, Encore 
     Fellowship Programs, and Silver Scholarship Programs, and for 
     other purposes; to the Committee on Health, Education, Labor, 
     and Pensions.

                          ____________________




             SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

           By Mrs. LINCOLN (for herself, Mr. Schumer, Mr. 
             Chambliss, and Mr. Bennett):
       S. Res. 53. A resolution authorizing a plaque commemorating 
     the role of enslaved African Americans in the construction of 
     the Capitol; to the Committee on Rules and Administration.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 61

  At the request of Mr. Durbin, the name of the Senator from 
Massachusetts (Mr. Kerry) was added as a cosponsor of S. 61, a bill to 
amend title 11 of the United States Code with respect to modification 
of certain mortgages

[[Page 5457]]

on principal residences, and for other purposes.


                                 S. 144

  At the request of Mr. Kerry, the names of the Senator from Washington 
(Mrs. Murray) and the Senator from New Jersey (Mr. Menendez) were added 
as cosponsors of S. 144, a bill to amend the Internal Revenue Code of 
1986 to remove cell phones from listed property under section 280F.


                                 S. 160

  At the request of Mr. Lieberman, the name of the Senator from New 
York (Mr. Schumer) was added as a cosponsor of S. 160, a bill to 
provide the District of Columbia a voting seat and the State of Utah an 
additional seat in the House of Representatives.


                                 S. 167

  At the request of Mr. Kohl, the name of the Senator from New York 
(Mrs. Gillibrand) was added as a cosponsor of S. 167, a bill to amend 
the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the 
COPS ON THE BEAT grant program, and for other purposes.


                                 S. 254

  At the request of Mrs. Lincoln, the names of the Senator from Kansas 
(Mr. Roberts) and the Senator from Michigan (Ms. Stabenow) were added 
as cosponsors of S. 254, a bill to amend title XVIII of the Social 
Security Act to provide for the coverage of home infusion therapy under 
the Medicare Program.


                                 S. 316

  At the request of Mrs. Lincoln, the name of the Senator from 
Mississippi (Mr. Wicker) was added as a cosponsor of S. 316, a bill to 
amend the Internal Revenue Code of 1986 to make permanent the reduction 
in the rate of tax on qualified timber gain of corporations, and for 
other purposes.


                                 S. 343

  At the request of Mrs. Lincoln, the name of the Senator from Vermont 
(Mr. Sanders) was added as a cosponsor of S. 343, a bill to amend title 
XVIII of the Social Security Act to provide for Medicare coverage 
services of qualified respiratory therapists performed under the 
general supervision of a physician.


                                 S. 354

  At the request of Mr. Webb, the name of the Senator from Illinois 
(Mr. Durbin) 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. 371

  At the request of Mr. Thune, the name of the Senator from Florida 
(Mr. Martinez) was added as a cosponsor of S. 371, a bill to amend 
chapter 44 of title 18, United States Code, to allow citizens who have 
concealed carry permits from the State in which they reside to carry 
concealed firearms in another State that grants concealed carry 
permits, if the individual complies with the laws of the State.


                                 S. 381

  At the request of Mr. Akaka, the name of the Senator from Alaska (Mr. 
Begich) was added as a cosponsor of S. 381, a bill to express the 
policy of the United States regarding the United States relationship 
with Native Hawaiians, to provide a process for the reorganization of a 
Native Hawaiian and the recognition by the United States of the Native 
Hawaiian government, and for other purposes.


                                 S. 390

  At the request of Mr. Crapo, the name of the Senator from Nevada (Mr. 
Ensign) was added as a cosponsor of S. 390, a bill to expand the 
authority of the Secretary of the Air Force to convey certain 
relocatable military housing units to Indian tribes located in Idaho 
and Nevada.


                                 S. 395

  At the request of Mrs. Feinstein, the name of the Senator from 
Connecticut (Mr. Dodd) was added as a cosponsor of S. 395, a bill to 
direct the Librarian of Congress and the Secretary of the Smithsonian 
Institution to carry out a joint project at the Library of Congress and 
the National Museum of African American History and Culture to collect 
video and audio recording of personal histories and testimonials of 
individuals who participated in the Civil Rights movement, and for 
other purposes.


                                 S. 407

  At the request of Mr. Akaka, the name of the Senator from New Jersey 
(Mr. Lautenberg) was added as a cosponsor of S. 407, a bill to 
increase, effective as of December 1, 2009, the rates of compensation 
for veterans with service-connected disabilities and the rates of 
dependency and indemnity compensation for the survivors of certain 
disabled veterans, and for other purposes.


                                 S. 456

  At the request of Mr. Dodd, the name of the Senator from Tennessee 
(Mr. Corker) was added as a cosponsor of S. 456, a bill to direct the 
Secretary of Health and Human Services, in consultation with the 
Secretary of Education, to develop guidelines to be used on a voluntary 
basis to develop plans to manage the risk of food allergy and 
anaphylaxis in schools and early childhood education programs, to 
establish school-based food allergy management grants, and for other 
purposes.


                               S. RES. 9

  At the request of Mr. Lugar, the name of the Senator from 
Pennsylvania (Mr. Specter) was added as a cosponsor of S. Res. 9, a 
resolution commemorating 90 years of U.S.-Polish diplomatic relations, 
during which Poland has proven to be an exceptionally strong partner to 
the United States in advancing freedom around the world.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself, Mr. Durbin, Mr. Leahy, Mr. Specter, 
        and Mr. Whitehouse):
  S. 458. A bill to amend the False Claims Act; to the Committee on the 
Judiciary.
  Mr. GRASSLEY. Mr. President, I am here as part of what I am calling 
``Accountability in Government Week.'' I plan to introduce various 
bills this week that will strengthen oversight of Government programs, 
integrity of taxpayer-funded initiatives, and bring sunshine to the 
executive, legislative, and judicial branches of our Government. These 
bills are important and will help all Americans better understand their 
Government in addition to making sure taxpayers' dollars are not lost 
to fraud, waste, and abuse.
  The first bill I am introducing this week, and am introducing today, 
is the False Claims Clarification Act of 2009. I am glad to be joined 
by my original cosponsor, Mr. Durbin, the majority whip, the Senator 
from Illinois, who has worked closely with me in crafting this 
legislation that will update the 1986 amendments to the False Claims 
Act I authored.
  This legislation is similar to a version that was introduced in the 
last Congress that cleared the Judiciary Committee by unanimous voice 
vote. We have made some updates to the bill that was the result of 
sitting down with various interested parties and hearing their 
concerns. We made a commitment last Congress to move that bill through 
regular order to ensure that all interested stakeholders had a say. I 
believe this version of the bill not only clarifies the original intent 
of the 1986 amendments but also makes a number of modifications that 
strengthen the False Claims Act and will help the Government recover 
taxpayers' dollars lost to fraud and abuse for years to come.
  Senator Durbin and I are also joined by other original cosponsors, 
including Senator Leahy, whom you recognize is the chairman of the 
Judiciary Committee, and Senator Specter, its ranking member, and 
Senator Whitehouse, a member of the committee. It is a bipartisan bill 
that is about protecting taxpayers' dollars and strengthening the 
Government's hand in combating fraud.
  A little history: Back in 1986, the Government was in a situation 
that had some parallel to today's economic situation. Government 
military expenditures were a significant portion of the budget, and 
there was ample evidence of fraud and abuse in Government contracts. 
Today, we are facing

[[Page 5458]]

an economic situation where the Government is now on the hook for 
trillions of dollars in new Government spending in an attempt to jump-
start our ailing economy. That is compounded by the fact that the 
Treasury Department has taken unprecedented steps to bail out financial 
institutions with hundreds of billions of taxpayers' dollars.
  I am concerned this new Government spending has occurred too quickly 
and could be ripe with opportunities for fraud and abuse. I would say 
there are 99 other Senators who can say the same thing. But that is the 
reason this legislation is timely and urgently needed.
  The False Claims Act, which is also known as Lincoln's Law, was 
originally passed by Congress in 1865 to combat war profiteering by 
Government contractors during the Civil War. The False Claims Act 
allowed individual citizen whistleblowers to go to court to collect 
Government money that was lost to unscrupulous contractors that were 
selling false or fraudulent goods to Union troops. This legal 
mechanism, known as qui tam--Q-U-I T-A-M, for you Latin lovers--is the 
key component to the False Claims Act, allowing individual citizens to 
act as private ``attorneys general'' to help unearth fraud and recover 
lost money.
  However, following World War II, the False Claims Act was weakened by 
an act of Congress which lowered the penalties, limiting the money the 
Government could recover from this fraud. This remained the case from 
the end of World War II until 1986 with the False Claims Act. That is 
when I authored amendments to that act which restored the teeth and 
breathed new life into a law that was designed to do nothing but to 
protect all American taxpayers.
  Now, since 1986 the Federal Government has recovered $22 billion from 
those who defraud the Government. By working with qui tam 
whistleblowers, the Justice Department has turned Lincoln's law into 
the single most effective tool in the Federal Government's tool box to 
help protect taxpayers' dollars. However, it has been a hard fought 
battle to get the False Claims Act to where it is today as deep-pocket 
Government contractors have spent hundreds of millions of dollars to 
litigate the False Claims Act. As a result, various court 
interpretations have limited the applicability and the reach of the 
False Claims Act, cutting off many worthy cases from ever going 
forward. Some of these cases have been around for quite a while, others 
more recent. Yet the one thing these cases have in common is they 
threaten to undermine both the spirit and the intent of the 1986 
amendments to Lincoln's law called the False Claims Act.
  The first case that created problems for the False Claims Act was the 
Totten case where the DC Circuit Court of Appeals held that false 
claims must be presented directly to the Government--in this case, 
employees at Amtrak, which is a Government grantee--and were not 
actually presented to the Federal Government. As a result, the 
Government was precluded from recovering money lost to fraud and abuse 
perpetrated against Amtrak.
  More recently, the Supreme Court held in Allison Engine Co. v. U.S. 
that for liability to attach a defendant must not only make a false 
statement but must intend to get the claim paid and approved directly 
by the Government based upon that false statement. While this sounds 
straightforward, it creates a huge loophole in the False Claims Act 
because subcontractors who receive Federal money never actually submit 
a claim directly to the Government because they do it through the 
contractors. Instead, they pass the claim to the prime contractor who 
then gives it to the Government. So under the Allison Engine decision, 
it could be virtually impossible to prove a False Claims Act case where 
the subcontractor knowingly ripped off the taxpayers. In fact, a judge 
in my home State of Iowa dismissed a case based solely upon the Allison 
Engine decision, even without a motion from the defendant. This has 
created a significant problem for recovering taxpayers' dollars that 
trickle down to subcontractors, particularly in Medicare and Medicaid 
Programs where subcontractors are frequently utilized.
  Further, this could become a bigger problem if the second tranche of 
TARP money--some people might refer to that as the bailout money--is 
used to purchase distressed assets through a third party broker as 
originally envisioned.
  Another case that is detrimental to the False Claims Act is Rockwell 
International Corporation v. U.S. In that case, the Supreme Court 
interpreted an area of the False Claims Act known as the ``public 
disclosure bar,'' which prohibits a false claims case from moving 
forward if the case was based upon publicly disclosed information such 
as a Government report, unless the whistleblower filing the case was 
the ``original source'' of the information. Here, the Supreme Court 
held that a qui tam whistleblower was barred from receiving a share of 
any money recovered unless they were the original source of all claims 
ultimately settled.
  This may not sound like a troublesome decision. However, the impact 
is that oftentimes a case is brought by a whistleblower on a certain 
set of facts and then expanded by the Department of Justice that 
ultimately settles on other grounds. As a result, this case creates a 
disincentive for a whistleblower to bring forth information about fraud 
as they may not get to share in any part of that recovery. That is the 
incentive under false claims: a whistleblower, not a lawyer, not in the 
Justice Department, to get a percentage of what is recovered as an 
incentive to get this information out there and get it prosecuted, 
particularly if the Justice Department is overloaded or maybe doesn't 
want to take the case.
  Now, one last case I will mention is the Custer Battles case decided 
in 2006. In this case, a jury found that a defense contractor in Iraq 
had defrauded the Government of $10 million. However, the judge 
overturned the jury's verdict, finding that the money lost was not U.S. 
taxpayer money but was instead Iraqi money under the control of the 
U.S. Government. As a result of this case, the U.S. Government may not 
recover for any fraud committed against the U.S. Government if the 
funds are not American funds, even if the U.S. Government has been 
entrusted with the management of those funds, just as if money is 
somehow not fungible. These decisions, which are by no means an 
exhaustive list, are contrary to the spirit and the intent of the 1986 
amendments. And who should know that? I should know it because I 
authored this legislation.
  This bill we are introducing today--a bipartisan bill by Senator 
Durbin and myself--seeks to clarify the False Claims Act so these 
judicial interpretations that have limited the False Claims Act are 
overruled. It is narrowly tailored--I wish to emphasize ``narrowly 
tailored''--to ensure that the intent of Congress in the 1986 
amendments is upheld, if nothing else.
  The False Claims Clarification Act would correct these negative 
interpretations in addition to making technical and clarifying 
amendments. First, the bill would address the Totten decision by 
removing the requirement that false claims be directly presented to the 
Government officials instead of tying the liability directly to 
Government money and property. It would also correct the Allison Engine 
decision, ensuring that subcontractors who rip off the taxpayers will 
be held accountable.
  The bill would also address the Rockwell decision by requiring the 
Attorney General to file a timely motion to dismiss claims that violate 
the public disclosure bar. By allowing the Attorney General to present 
to the court information about public disclosures up front in a case, 
the bill would eliminate procedural uncertainties that exist now by 
allowing public disclosures to be addressed at any time during the 
proceeding.
  The bill also clarifies that nontaxpayer funds under the control of 
the U.S. Government subject to fraud are actionable under the False 
Claims Act. Thus, monies directly under the control of the U.S. 
Government subject to fraud that are currently outside the scope of the 
False Claims Act would now be covered. This would correct the

[[Page 5459]]

problems that have arisen following the decision of Custer Battles.
  Additionally, the bill clarifies a split between the Federal Circuit 
Courts of Appeal that currently exists regarding whether a Government 
employee may file a False Claims Act case. It takes a dissenting 
opinion from the Tenth Circuit and codifies that by allowing Government 
employees to bring a False Claims Act case based upon information 
learned in the course of their employment only when the employee: One, 
discloses the fraud to a supervisor; two, discloses the fraud to the 
Inspector General of the agency; three, discloses the fraud to the 
Attorney General and then waits 18 months without Government action.
  Further, it restricts a Government employee from bringing a False 
Claims Act case if they derive information for their case in an 
indictment or information, any ongoing criminal, civil, or 
administrative investigation, or if they are an auditor, investigator, 
or attorney who has a duty--a duty--to investigate fraud. This ensures 
that a Government employee can act as a relator, but only if he or she 
is truly bringing a claim that the Government has refused to 
investigate.
  The bill makes some additional technical corrections that I am not 
going to go into. Finally, the bill includes a new section that will 
require the Attorney General to report to Congress on an annual basis 
regarding the use of the False Claims Act and any settlements made upon 
these sorts of lawsuits. This has two purposes. It allows Congress, 
first, to see if the Justice Department is utilizing the act consistent 
with the spirit and intent; and, secondly, ensures that the seal 
provisions allowing the case to be privately sealed with the court are 
not being abused to the detriment of qui tam relators.
  So the False Claims Act clarification bill is narrowly tailored to 
ensure that the legislative intent of 1986 is truly understood. It will 
bring a level of reason and sanity instead of the current hodgepodge of 
laws across various circuit courts of appeals. This bill is designed to 
protect the American taxpayer from fraud and is timely, given the 
recent actions to shore up the balance sheets of banks and private 
businesses across the country.
  I am glad we have a bipartisan coalition ready to pick up where we 
left off in the last Congress. I believe we made great strides last 
year in working through the concerns of various stakeholders, and I 
encourage my colleagues to join me and Senator Durbin in strengthening 
Lincoln's law so that it can stand up and work for the American 
taxpayers for years to come as it has for the last 22 years, bringing 
about $22 billion back to the Federal Treasury.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 458

       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 ``False Claims Act 
     Clarification Act of 2009''.

     SEC. 2. FALSE CLAIMS GENERALLY.

       Section 3729 of title 31, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Liability for Certain Acts.--
       ``(1) In general.--Subject to paragraph (2), any person 
     who--
       ``(A) knowingly presents, or causes to be presented, a 
     false or fraudulent claim for payment or approval;
       ``(B) knowingly makes, uses, or causes to be made or used, 
     a false record or statement to get a false or fraudulent 
     claim paid or approved;
       ``(C) conspires to commit a violation of subparagraph (A), 
     (B), (D), (E), (F), or (G) or otherwise to get a false or 
     fraudulent claim paid or approved;
       ``(D) has possession, custody, or control of property or 
     money used, or to be used, by the Government and knowingly 
     delivers, or causes to be delivered, less than all of that 
     money or property;
       ``(E) is authorized to make or deliver a document 
     certifying receipt of property used, or to be used, by the 
     Government and, intending to defraud the Government, makes or 
     delivers the receipt without completely knowing that the 
     information on the receipt is true;
       ``(F) knowingly buys, or receives as a pledge of an 
     obligation or debt, public property from an officer or 
     employee of the Government, or a member of the Armed Forces, 
     who lawfully may not sell or pledge the property; or
       ``(G) knowingly makes, uses, or causes to be made or used, 
     a false record or statement to conceal, avoid, or decrease an 
     obligation to pay or transmit money or property to the 
     Government, or knowingly conceals, avoids, or decreases an 
     obligation to pay or transmit money or property to the 
     Government,

     is liable to the United States Government for a civil penalty 
     of not less than $5,000 and not more than $10,000, as 
     adjusted by the Federal Civil Penalties Inflation Adjustment 
     Act of 1990 (28 U.S.C. 2461 note; Public Law 104-410), plus 3 
     times the amount of damages which the Government sustains 
     because of the act of that person.
       ``(2) Reduced damages.--If the court finds that--
       ``(A) the person committing the violation of this 
     subsection furnished officials of the United States 
     responsible for investigating false claims violations with 
     all information known to such person about the violation 
     within 30 days after the date on which the defendant first 
     obtained the information;
       ``(B) such person fully cooperated with any Government 
     investigation of such violation; and
       ``(C) at the time such person furnished the United States 
     with the information about the violation, no criminal 
     prosecution, civil action, or administrative action had 
     commenced under this title with respect to such violation, 
     and the person did not have actual knowledge of the existence 
     of an investigation into such violation,

     the court may assess not less than 2 times the amount of 
     damages which the Government sustains because of the act of 
     that person.
       ``(3) Costs of civil actions.--A person violating this 
     subsection shall also be liable to the United States 
     Government for the costs of a civil action brought to recover 
     any such penalty or damages.'';
       (2) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Definitions.--For purposes of this section--
       ``(1) the terms `knowing' and `knowingly' mean that a 
     person, with respect to information--
       ``(A) has actual knowledge of the information;
       ``(B) acts in deliberate ignorance of the truth or falsity 
     of the information; or
       ``(C) acts in reckless disregard of the truth or falsity of 
     the information,

     and no proof of specific intent to defraud is required;
       ``(2) the term `claim'--
       ``(A) means any request or demand, whether under a contract 
     or otherwise, for money or property and whether or not the 
     United States has title to the money or property, that--
       ``(i) is presented to an officer, employee, or agent of the 
     United States; or
       ``(ii) is made to a contractor, grantee, or other recipient 
     if the United States Government--

       ``(I) provides or has provided any portion of the money or 
     property requested or demanded; or
       ``(II) will reimburse such contractor, grantee, or other 
     recipient for any portion of the money or property which is 
     requested or demanded; and

       ``(B) does not include requests or demands for money or 
     property that the Government has paid to an individual as 
     compensation for Federal employment or as an income subsidy 
     with no restrictions on that individual's use of the money or 
     property; and
       ``(3) the term `obligation' means a fixed duty, or a 
     contingent duty arising from an express or implied 
     contractual, quasi-contractual, grantor-grantee, licensor-
     licensee, fee-based, or similar relationship, and the 
     retention of any overpayment.'';
       (3) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively; and
       (4) in subsection (c), as redesignated, by striking 
     ``subparagraphs (A) through (C) of subsection (a)'' and 
     inserting ``subsection (a)(2)''.

     SEC. 3. GOVERNMENT RIGHT TO DISMISS CERTAIN ACTIONS.

       Section 3730(b) of title 31, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``Rule 4(d)(4)'' and 
     inserting ``rule 4''; and
       (2) by adding at the end the following:
       ``(6)(A) Not later than 120 days after the date of service 
     under paragraph (2), the Government may move to dismiss from 
     the action a qui tam relator that is an employee of the 
     Federal Government, or that is an immediate family member of 
     an employee of the Federal Government, if--
       ``(i) the necessary and specific material allegations 
     contained in such action were derived from a filed criminal 
     indictment or information or an open and active criminal, 
     civil, or administrative investigation or audit by the 
     Government into substantially the same fraud alleged in the 
     action;
       ``(ii) the duties of the employee's position specifically 
     include uncovering and reporting the particular type of fraud 
     that is alleged in

[[Page 5460]]

     the action, and the employee, as part of the duties of that 
     employee's position, is participating in or has knowledge of 
     an open and active criminal, civil, or administrative 
     investigation or audit by the Government of the alleged 
     fraud;
       ``(iii) the person bringing the action learned of the 
     information that underlies the alleged violation of section 
     3729 that is the basis of the action in the course of the 
     person's employment by the United States, and either--
       ``(I) in a case in which the employing agency has an 
     inspector general, such person, before bringing the action 
     has not--

       ``(aa) disclosed in writing substantially all material 
     evidence and information that relates to the alleged 
     violation that the person possessed to such inspector 
     general; and
       ``(bb) notified in writing the person's supervisor and the 
     Attorney General of the disclosure under division (aa); or

       ``(II) in a case in which the employing agency does not 
     have an inspector general, such person, before bringing the 
     action has not--

       ``(aa) disclosed in writing substantially all material 
     evidence and information that relates to the alleged 
     violation that the person possessed, to the Attorney General; 
     and
       ``(bb) notified in writing the person's supervisor of the 
     disclosure under division (aa); or

       ``(iv) the person bringing the action learned of the 
     information that underlies the alleged violation of section 
     3729 that is the basis of the action in the course of the 
     person's employment by the United States, made the required 
     disclosures and notifications under clause (iii), and--
       ``(I) less than 18 months (and any period of extension as 
     provided for under subparagraph (B)) have elapsed since the 
     disclosures of information and notification under clause 
     (iii) were made; or
       ``(II) within 18 months (and any period of extension as 
     provided for under subparagraph (B)) after the disclosures of 
     information and notification under clause (iii) were made, 
     the Attorney General has filed an action based on such 
     information.
       ``(B) Prior to the expiration of the 18-month period 
     described under subparagraph (A)(iv)(II) and upon notice to 
     the person who has disclosed information and provided notice 
     under subparagraph (A)(iii), the Attorney General may extend 
     such 18-month period by 1 additional 12-month period.
       ``(C) For purposes of subparagraph (A), a person's 
     supervisor is the officer or employee who--
       ``(i) is in a position of the next highest classification 
     to the position of such person;
       ``(ii) has supervisory authority over such person; and
       ``(iii) such person believes is not culpable of the 
     violation upon which the action under this subsection is 
     brought by such person.
       ``(D) A motion to dismiss under this paragraph shall set 
     forth documentation of the allegations, evidence, and 
     information in support of the motion.
       ``(E) Any person against whom the Government has filed a 
     motion to dismiss under subparagraph (A) shall be provided an 
     opportunity to contest a motion to dismiss under this 
     paragraph. The court may restrict access to the evidentiary 
     materials filed in support of the motion to dismiss, as the 
     interests of justice require. A motion to dismiss and 
     evidentiary material filed in support or opposition of such 
     motion shall not be--
       ``(i) made public without the prior written consent of the 
     person bringing the civil action; and
       ``(ii) subject to discovery by the defendant.
       ``(F) Upon granting a motion filed under subparagraph (A), 
     the court shall dismiss the qui tam relator from the action.
       ``(G) If the motion to dismiss under this paragraph is 
     granted, the matter shall remain under seal.
       ``(H) Not later than 12 months after the date of the 
     enactment of this paragraph, and every 12 months thereafter, 
     the Department of Justice shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives relating to--
       ``(i) the cases in which the Department of Justice has 
     filed a motion to dismiss under this paragraph;
       ``(ii) the outcome of such motions; and
       ``(iii) the status of false claims civil actions in which 
     such motions were filed.
       ``(I) Nothing in this paragraph shall be construed to limit 
     the authority of the Government to dismiss an action or 
     claim, or a person who brings an action or claim, under this 
     subsection for any reason other than the grant of a motion 
     filed under subparagraph (A).''.

     SEC. 4. BARRED ACTIONS.

       (a) Provisions Relating to Actions Barred.--Section 
     3730(b)(1) of title 31, United States Code, is amended by 
     adding at the end the following: ``No claim for a violation 
     of section 3729 may be waived or released by any action of 
     any person who brings an action under this subsection, except 
     insofar as such action is part of a court approved settlement 
     of a false claim civil action brought under this section. 
     Nothing in this paragraph shall be construed to limit the 
     ability of the United States to decline to pursue any claim 
     brought under this subsection, or to require court approval 
     of a settlement by the Government with a defendant of an 
     action brought under subsection (a), or under this 
     subsection, unless the person bringing the action objects to 
     the settlement under subsection (c)(2)(B).''.
       (b) Dismissal.--Section 3730(e)(4) of title 31, United 
     States Code, is amended to read as follows:
       ``(4) A court shall dismiss an action or claim or the 
     person bringing the action or claim under subsection (b), 
     upon a motion by the Government filed on or before service of 
     a complaint on the defendant under subsection (b), or 
     thereafter for good cause shown if--
       ``(A) on the date the action or claim was filed, 
     substantially the same matters, involving the same wrongdoer, 
     as alleged in the action or claim were contained in, or the 
     subject of--
       ``(i) a filed criminal indictment or information, or an 
     open and active criminal, civil, or administrative 
     investigation or audit; or
       ``(ii) a news media report, or public congressional 
     hearing, report, or investigation, if within 90 days after 
     the issuance or completion of such news media report or 
     congressional hearing, report, or investigation, the 
     Department of Justice or an Office of Inspector General 
     opened a fraud investigation or audit of the facts contained 
     in such news media report or congressional hearing, report, 
     or investigation as a result of learning about the public 
     report, hearing, or investigation;
       ``(B) any new information provided by the person does not 
     add substantial grounds for additional recovery beyond those 
     encompassed within the Government's existing criminal 
     indictment or information, or an open and active criminal, 
     civil, or administrative investigation or audit; and
       ``(C) the Government's existing criminal indictment or 
     information, or an open and active criminal, civil, or 
     administrative investigation or audit, or the news media 
     report, or congressional hearing, report, or investigation 
     was not initiated or published after the Government's receipt 
     of information about substantially the same matters 
     voluntarily brought by the person to the Government.''.
       (c) Qui Tam Awards.--Section 3730(d) of title 31, United 
     States Code, is amended--
       (1) in paragraph (1), by striking the second sentence and 
     inserting ``If the person bringing the action is not 
     dismissed under subsection (e)(4) because the person provided 
     new information that adds substantial grounds for additional 
     recovery beyond those encompassed within the Government's 
     existing indictment, information, investigation, or audit, 
     then such person shall be entitled to receive a share only of 
     proceeds of the action or settlement that are attributable to 
     the new basis for recovery that is stated in the action 
     brought by that person.''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3)(A) Whether or not the Government proceeds with the 
     action, the court may, to the extent the court considers 
     appropriate, reduce the share of the proceeds of the action 
     which a person would otherwise receive under paragraph (1) or 
     (2) of this subsection (taking into account the role of that 
     person in advancing the case to litigation and any relevant 
     circumstances pertaining to the violation), if the court 
     finds that person--
       ``(i) planned and initiated the violation of section 3729 
     upon which the action was brought; or
       ``(ii) derived the knowledge of the claims in the action 
     primarily from specific information relating to allegations 
     or transactions (other than information provided by the 
     person bringing the action) that the Government publicly 
     disclosed, as that term is defined in subsection (e)(4)(A), 
     or that the Government disclosed privately to the person 
     bringing the action in the course of its investigation into 
     potential violations of this subchapter.
       ``(B) If the person bringing the action is convicted of 
     criminal conduct arising from the role of that person in the 
     violation of section 3729, that person shall be dismissed 
     from the civil action and shall not receive any share of the 
     proceeds of the action. Such dismissal shall not prejudice 
     the right of the United States to continue the action, 
     represented by the Department of Justice.''.

     SEC. 5. RELIEF FROM RETALIATORY ACTIONS.

       Section 3730(h) of title 31, United States Code, is amended 
     to read as follows:
       ``(h) Relief From Retaliatory Actions.--
       ``(1) In general.--Any employee, government contractor, or 
     agent shall be entitled to all relief necessary to make that 
     employee, government contractor, or agent whole, if that 
     employee, government contractor, or agent is discharged, 
     demoted, suspended, threatened, harassed, or in any other 
     manner discriminated against in the terms and conditions of 
     employment because of lawful acts done by the employee, 
     government contractor, or agent on behalf of the employee, 
     government contractor, or agent or associated others in 
     furtherance of other efforts to stop 1 or more violations of 
     this subchapter.
       ``(2) Relief.--Relief under paragraph (1) shall include 
     reinstatement with the same

[[Page 5461]]

     seniority status that employee, government contractor, or 
     agent would have had but for the discrimination, 2 times the 
     amount of back pay, interest on the back pay, and 
     compensation for any special damages sustained as a result of 
     the discrimination, including litigation costs and reasonable 
     attorneys' fees. An action under this subsection may be 
     brought in the appropriate district court of the United 
     States for the relief provided in this subsection.''.

     SEC. 6. STATUTE OF LIMITATIONS.

       Section 3731(b) of title 31, United States Code, is amended 
     to read as follows:
       ``(b)(1) A civil action under section 3730 may not be 
     brought more than 10 years after the date on which the 
     violation of section 3729 or 3730 is committed.
       ``(2) Upon intervention, the Government may file its own 
     complaint in intervention or amend the complaint of a person 
     who has brought an action under section 3730(b) to clarify or 
     add detail to the claims in which the Government is 
     intervening and to add any additional claims with respect to 
     which the Government contends it is entitled to relief. For 
     statute of limitations purposes, any such Government pleading 
     shall relate back to the filing date of the complaint of the 
     person who originally brought the action, to the extent that 
     the claim of the Government arises out of the conduct, 
     transactions, or occurrences set forth, or attempted to be 
     set forth, in the prior complaint of that person.''.

     SEC. 7. CIVIL INVESTIGATIVE DEMANDS.

       Section 3733 of title 31, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by inserting ``, or a designee (for purposes of this 
     section),'' after ``Whenever the Attorney General''; and
       (II) by striking ``the Attorney General may, before 
     commencing a civil proceeding under section 3730 or other 
     false claims law,'' and inserting ``the Attorney General, or 
     a designee, may, before commencing a civil proceeding under 
     section 3730(a) or other false claims law, or electing under 
     section 3730(b),''; and

       (ii) in the matter following subparagraph (D)--

       (I) by striking ``may not delegate'' and inserting ``may 
     delegate''; and
       (II) by adding at the end the following: ``Any information 
     obtained by the Attorney General or a designee of the 
     Attorney General under this section may be shared with any 
     qui tam relator if the Attorney General or designee determine 
     it is necessary as part of any false claims act 
     investigation.''; and

       (B) in paragraph (2)(G), by striking the second sentence;
       (2) in subsection(i)(2)--
       (A) in subparagraph (B), by striking
     ``, who is authorized for such use under regulations which 
     the Attorney General shall issue''; and
       (B) in subparagraph (C), by striking ``Disclosure of 
     information to any such other agency shall be allowed only 
     upon application, made by the Attorney General to a United 
     States district court, showing substantial need for the use 
     of the information by such agency in furtherance of its 
     statutory responsibilities.''; and
       (3) in subsection (l)--
       (A) in paragraph (6), by striking ``and'' after the 
     semicolon; and
       (B) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(8) the term `official use' means any use that is 
     consistent with the law, and the regulations and policies of 
     the Department of Justice, including use in connection with 
     internal Department of Justice memoranda and reports; 
     communications between the Department of Justice and a 
     Federal, State, or local government agency, or a contractor 
     of a Federal, State, or local government agency, undertaken 
     in furtherance of a Department of Justice investigation or 
     prosecution of a case; interviews of any qui tam relator or 
     other witness; oral examinations; depositions; preparation 
     for and response to civil discovery requests; introduction 
     into the record of a case or proceeding; applications, 
     motions, memoranda and briefs submitted to a court or other 
     tribunal; and communications with Government investigators, 
     auditors, consultants and experts, the counsel of other 
     parties, arbitrators and mediators, concerning an 
     investigation, case or proceeding.''.

     SEC. 8. FALSE CLAIMS SETTLEMENTS.

       (a) Reports by Attorney General.--Not later than November 1 
     of each year, the Attorney General shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes each settlement or compromise of any claim, 
     suit, or other action entered into with the Department of 
     Justice that--
       (1) relates to an alleged violation of section 1031 of 
     title 18, United States Code, or section 3729 of title 31, 
     United States Code (including all settlements of alternative 
     remedies); and
       (2) results from a claim of damages in excess of $100,000.
       (b) Contents of Reports.--The descriptions of each 
     settlement or compromise required to be included in the 
     annual report under subsection (a) shall include--
       (1) the overall amount of the settlement or compromise and 
     the portions of the settlement attributed to various 
     statutory authorities;
       (2) the amount of actual damages, or in the event no actual 
     amount is available a good faith estimate of the damages, 
     estimated to have been sustained and the minimum and maximum 
     potential civil penalties incurred as a consequence of the 
     defendants that is the subject of the settlement or 
     compromise;
       (3) the basis for the estimate of damages sustained and the 
     potential civil penalties incurred;
       (4) the amount of the settlement that represent damages and 
     the multiplier or percentage of the actual damages applied in 
     the actual settlement or compromise;
       (5) the amount of the settlement that represents civil 
     penalties and the percentage of the potential penalty 
     liability captured by the settlement or compromise;
       (6) the amount of the settlement that represents criminal 
     fines and a statement of the basis for such fines;
       (7) the length of time involved from the filing of the 
     complaint until the finalization of the settlement or 
     compromise, including--
       (A) the date of the original filing of the complaint;
       (B) the time the case remained under seal;
       (C) the date upon which the Department of Justice 
     determined whether or not to intervene in the case; and
       (D) the date of settlement or compromise;
       (8) whether any of the defendants, or any divisions, 
     subsidiaries, affiliates, or related entities, had previously 
     entered into 1 or more settlements or compromises relating to 
     section 1031 of title 18, United States Code, or section 
     3730(b) of title 31, United States Code, and if so, the dates 
     and monetary size of such settlements or compromises;
       (9) whether the defendant or any of its divisions, 
     subsidiaries, affiliates, or related entities--
       (A) entered into a corporate integrity agreement relating 
     to the settlement or compromise;
       (B) entered into a deferred prosecution agreement relating 
     to the settlement or compromise; and
       (C) had previously entered into 1 or more corporate 
     integrity agreements relating to section 3730(b) of title 31, 
     United States Code, or a deferred prosecution agreement 
     relating to section 1031 of title 18, United States Code, and 
     if so, whether the previous corporate integrity agreements 
     covered the conduct that is the subject of the settlement or 
     compromise being reported on or similar conduct;
       (10) in the case of settlements involving Medicaid, the 
     amounts paid to the Federal Government and to each of the 
     States participating in the settlement or compromise;
       (11) whether civil investigative demands were issued in 
     process of investigating the case;
       (12) in qui tam actions, the percentage of the settlement 
     amount awarded to the relator, and whether or not the relator 
     requested a fairness hearing pertaining to the percentage 
     received by the relator or the overall amount of the 
     settlement;
       (13) the extent to which officers of the department or 
     agency that was the victim of the loss resolved by the 
     settlement or compromise participated in the settlement 
     negotiations; and
       (14) the extent to which relators and their counsel 
     participated in the settlement negotiations.

     SEC. 9. SEVERABILITY.

       If any provision or application of this Act is held 
     invalid, the invalidity shall not affect other provisions or 
     applications of this Act which can be given effect without 
     regard to the invalid provision or application, and to this 
     end the provisions or applications of this Act are severable.

     SEC. 10. EFFECTIVE DATE AND APPLICATION.

       (a) In General.--Except as provided under subsections (b) 
     and (c), the amendments made by this Act shall take effect on 
     the date of enactment of this Act and shall apply to all 
     civil actions filed before, on, or after that date.
       (b) False Claims.--The amendments made by section 2 shall 
     take effect on the date of enactment of this Act and shall 
     apply to conduct occurring after that date of enactment.
       (c) Statute of Limitation.--The amendment made to section 
     3731(b)(1) of title 31, United States Code, by section 6 of 
     this Act shall take effect on the date of enactment of this 
     Act and shall apply to civil actions filed after that date of 
     enactment.

  Mr. DURBIN. Mr. President, I am pleased to join my colleague Senator 
Grassley in introducing the False Claims Act Clarification Act of 2009. 
This bipartisan legislation takes important steps to modernize and 
strengthen the federal False Claims Acts, FCA, and will help protect 
the government and taxpayers from waste, fraud and abuse related to 
government funds. Last Congress Senator Grassley and I introduced 
similar legislation, which was passed by voice vote

[[Page 5462]]

out of the Senate Judiciary Committee. I look forward to working with 
Senator Grassley as well as our fellow cosponsors, Senator Leahy, the 
Chairman of the Judiciary Committee; Senator Specter, the Ranking 
Member of the Judiciary Committee; and Senator Whitehouse, to see this 
important legislation passed into law.
  Since it was signed into law by President Lincoln in 1863, the FCA, 
or ``Lincoln's Law,'' has played a key role in enabling the federal 
government and qui tam whistleblowers to prevent unscrupulous 
government contractors from defrauding the nation's taxpayers. In 1986, 
Senator Grassley and Congressman Berman sponsored amendments to the FCA 
and its qui tam provisions that revitalized the effectiveness of the 
FCA as a fraud-fighting tool. Since 1986, the federal government and 
qui tam relators have worked together to recover over $21 billion in 
monies that would otherwise have been lost to fraud, waste or abuse in 
government programs. The recovery of this enormous sum is a victory for 
taxpayers, and a demonstration of the success of the FCA and its qui 
tam model.
  Senator Grassley and I first introduced FCA reform legislation in 
September 2007 because several recent court interpretations of the 1986 
FCA amendments had threatened to limit the Act's effectiveness. Our 
legislation was designed to correct erroneous interpretations of the 
FCA's presentment clause in the 2004 D.C. Circuit case U.S. ex rel. 
Totten v. Bombardier Corp., and the FCA's public disclosure bar in the 
2007 Supreme Court case Rockwell International Corp. v. U.S. Our bill 
also sought to make further clarifications to the FCA's scope and 
application in keeping with the intent of the authors of the 1986 FCA 
amendments.
  In the time since we first introduced this bill last Congress, the 
need to strengthen Lincoln's Law has become even more urgent. The 
economic recession has required massive expansion of federal assistance 
to various industries, and this has created an increased opportunity 
for waste, fraud and abuse by recipients of that assistance. As the 
federal government moves ahead with various economic recovery measures, 
it is important that we have effective anti-fraud provisions in place 
to deter and catch those who would abuse public monies and the public 
trust. We owe this to the American taxpayer.
  Also, the False Claims Act Clarification Act of 2009 is further 
needed in light of the Supreme Court's June 2008 decision in Allison 
Engine Co. v. U.S. ex rel. Sanders. In Allison Engine, the Supreme 
Court read the 1986 FCA amendments to include a barrier to liability in 
subcontractor fraud cases that Congress did not intend. The Allison 
Engine Court held that in cases involving false claims submitted by a 
subcontractor to a prime contractor for payment involving federal 
funds, the plaintiff must prove that the subcontractor intended for the 
false statement to be used by the prime contractor to get the 
government to pay its claim. Our legislation makes clear that 
subcontractors are liable for knowingly perpetrating fraud involving 
government funds, regardless of whether that fraud was perpetrated 
directly upon the government or indirectly through another contractor. 
In light of the numerous levels of subcontractors used in many 
government contracting arrangements, this statutory fix is necessary to 
ensure accountability no matter where in the contracting chain the 
fraud takes place.
  The changes that our legislation would make to the FCA are narrowly 
tailored, but will have a significant impact in catching and deterring 
fraud. I commend Senator Grassley, the Senate architect of the 1986 FCA 
amendments, for his devotion to ensuring the effective functioning of 
the FCA, and I will continue to work with him to better combat waste, 
fraud and abuse in government programs.
  In sum, the False Claims Act Clarification Act will enhance 
whistleblowers' ability to shine a light on fraudulent conduct 
involving government funds, and to hold the perpetrators accountable 
through legitimate qui tam claims. The legislation we are introducing 
today will strengthen the legacy of Lincoln's Law, and I am pleased to 
serve as its lead Democratic cosponsor. I urge my colleagues to support 
its passage.
                                 ______
                                 
      By Mr. KERRY:
  S. 463. A bill to impose limitations on certain expenditures by 
participants in the Troubled Asset Relief Program; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. KERRY. Mr. President, today I am introducing the TARP Taxpayer 
Protection and Corporate Responsibility Act of 2009. Recently, it was 
reported that the Northern Trust Corporation threw lavish events in 
conjunction with the Northern Trust Open. Last year, Northern Trust 
Company received approximately $1.6 billion in funds from the Troubled 
Relief Asset Program and laid off almost 450 employees.
  At a time when banks are not lending and need federal assistance, 
they should not be treating themselves to lavish parties with 
performances by Sheryl Crow. I supported the Emergency Economic 
Stabilization Act of 2008 because I believe that we need to help our 
financial institutions in order to stabilize our economy. However, I 
firmly believe that every institution receiving funds has a 
responsibility to appropriately use the federal assistance provided by 
taxpayers.
  I am sick of hearing about financial institutions that are receiving 
funds and behaving inappropriately. CEOs need to exert leadership 
during these trying economic times. If they don't, they should repay 
taxpayers out of their own pocket. Now is not the time to be throwing 
lavish parties, giving out excessive bonuses, and spending on 
unnecessary renovations. It is time to focus on how best to restore the 
economy and for the banks, this means responsible lending.
  Northern Trust is not the first TARP recipient company to spend 
foolishly, but I want it to be the last. For this reason I am 
introducing the TARP Taxpayer Protection and Corporate Responsibility 
Act of 2009 which would prohibit TARP recipients from sponsoring, 
hosting, or paying for entertainment or holiday events during the year 
in which they receive assistance or the following year. The legislation 
would give the Secretary of the Treasury the authority to issue waivers 
and would become effective as of March 1, 2009.
  I applaud the action the Obama Administration has taken to address 
executive compensation and the provisions included in the American 
Recovery and Reinvestment Act of 2009, but I believe we must do more. 
The American Recovery and Reinvestment Act requires the Treasury 
Department to publish guidelines on the use of funds. However, I 
believe we need to do more than providing guidelines for the use of 
these funds. As we all know, money is fungible and a TARP recipient can 
always explain that TARP funds were not used for questionable purposes.
  During these difficult economic times, we need to send a message to 
the American people that we are responsible stewards of public funds. 
We must try to help companies, but only if they operate in an 
appropriate and responsible manner which values the assistance of the 
American taxpayer. At a time when banks are not providing enough 
lending to small businesses and others, they should not be throwing 
lavish parties at taxpayer expense, and the claim that these 
``parties'' came out of ``operating expenses'' rather than taxpayer 
funds does not pass the laugh test.
  I urge my colleagues to review this important legislation.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Cochran, Mr. Kennedy, Ms. Mikulski, 
        Mr. Casey, Mrs. Lincoln, Mr. Cardin, Mr. Rockefeller, and Mr. 
        Nelson, of Florida):
  S. 464. A bill to amend the National and Community Service Act of 
1990 to improve the educational awards provided for national service, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. DODD. Mr. President, I rise to introduce four bills today: The

[[Page 5463]]

AmeriCorps: Together Improving Our Nation (ACTION) Act, the Semester of 
Service Act, the Summer of Service Act, and the Encore Service Act--
legislation that would offer Americans the opportunity to serve their 
communities and work to improve their Nation.
  As we have discussed time and time again, the challenges facing 
America are mounting--from a struggling economy, to a broken health 
care system, to challenges in our schools that put our children's 
futures at risk.
  These are problems that countless Americans have lived and struggled 
with--that we here in this institution have debated for years, decade 
even. We can disagree amongst ourselves about how to solve them--and we 
certainly have.
  But what we can all agree on is the impact citizens can make when it 
comes to facing some of our biggest challenges.
  We know the extraordinary things ordinary citizens can accomplish for 
our communities when given the opportunity--the difference they can 
make in our schools and nursing homes, in veterans' hospitals and in 
helping those living on fixed incomes. With these four important pieces 
of legislation, we are offering citizens of all ages even more 
opportunities to be involved.
  We already harness the enormous power of a dedicated group of 
individuals looking for ways to serve their communities is through the 
remarkably successful AmeriCorps program. Last year alone, 75,000 
AmeriCorps members gave back to our communities, serving in over 4,000 
schools, faith-based and community organizations, and nonprofits across 
the country. They also brought reinforcements--recruiting another 1.7 
million community volunteers to work alongside them. Because of 
AmeriCorps, our communities have been strengthened, and our democracy 
fortified.
  Unfortunately, as the hours AmeriCorps Members have contributed to 
our communities have increased, the Segal AmeriCorps Education Award 
created to help members pay for their college tuition has remained flat 
at $4,725. Meanwhile, the average college tuition has skyrocketed. The 
education award previously paid for two years of college, but currently 
it does not even cover the cost of single year. I am introducing the 
AmeriCorps: Together Improving Our Nation, ACTION, Act, in part, to 
update the education award to keep pace with 15 years of tuition 
increases.
  The ACTION Act will raise the education award to $6,585 and increase 
the award annually to match the average tuition at a 4-year public 
university. That figure, $6,585 is the average cost of tuition at a 
four-year public university according to the College Board. The Act 
will also make the education award tax exempt to ensure that alumni are 
able to use their entire award to advance their education.
  The Summer of Service bill would reach the youngest Americans 
interested in giving back to their communities, fostering a commitment 
to service that will last a lifetime. The Summer of Service Act would 
create a competitive grant program that would enable states and 
localities to offer middle school students an opportunity to 
participate in a structured community service program over the summer 
months. It would employ service-learning to teach civic participation 
skills, help young people see themselves as resources to their 
communities, expand educational opportunities and discourage ``summer 
academic slide.'' Providing tangible benefits to their communities, 
Summer of Service projects would direct grantees to work on unmet 
human, educational, environmental and public safety needs and encourage 
all youth, regardless of age, income, or disability, to engage in 
community service. The program would also grant participants with an 
educational award of up to $500 which can later be used to pay for 
college.
  The Semester of Service Act also engages students in service-learning 
at the high school level. We talk so much about ways to improve 
academic performance in our schools. Well, when service is integrated 
into our students' curricula at school, young people make gains on 
achievement tests. Service-learning results in grade point averages 
going up, and feelings about high-school are that more positive.
  And the benefits of service-learning go well beyond the classroom. 
When young people participate in service activities they feel better 
able to control their own lives in a positive way. They are less prone 
to engage in risky behavior, more likely to engage in their own 
education, and far more aware of the career opportunities before them.
  Indeed, research shows that for every dollar we spend on a service-
learning project, $4 worth of service is provided to the community 
involved. That means by authorizing $200 million for fiscal year 2009, 
as the Semester of Service Act does, our country will save more than 
half a billion dollars in service performed.
  This legislation works by creating a competitive grant program that 
gives school districts, or nonprofits working in partnership with local 
school districts, the opportunity to have students participate in a 
semester of service in their junior or senior year for academic credit. 
These students are required to perform a minimum of 70 hours of service 
learning activities over 12 weeks, with at least 24 of those hours 
spent participating in field-based activities--outside of the 
classroom.
  By engaging both the public and private sector, Semester of Service 
teaches civic participation skills and helps young people see 
themselves not merely as residents in their communities--but resources 
to them.
  Perhaps, the greatest untapped resource in our communities are older 
Americans. No one is more ready or more poised to make a difference--in 
our communities and throughout our country--than the gaining Baby 
Boomer generation.
  In the next decade alone, the number of Americans 55 years and older 
is expected to grow another 22 percent. But for all the well-publicized 
challenges that growth presents, it is time we also recognize something 
else:
  The opportunities it offers--if we seize them.
  More than half of those considered a part of the Baby Boomer 
generation are interested in providing meaningful service to their 
communities. Countless older men and women who have given so much to 
their country throughout their lives want to serve as they enter their 
later years.
  They are living longer, healthier lives than any generation in 
history. And they recognize something elemental:
  Life doesn't end at retirement. For many, it is only beginning--
leading perhaps to a second career in the public or nonprofit sector.
  We have so much to learn. Indeed, there can be no greater gift passed 
on to future generations than the lessons of the past. But the truth 
is, we too often fail to draw upon the experience, knowledge and ideas 
of previous generations.
  What is missing is the opportunity.
  Giving older Americans those opportunities is what the Encore Service 
Act is all about. It creates an Encore Service Program that provides 
Americans 55 years and older with opportunities to serve communities 
with the greatest need--to volunteer in our nation's schools, to help 
keep our neighborhoods clean, safe and vibrant, and so much more. In 
return for their service, which may include extensive training and a 
significant commitment of time, they can receive a stipend and 
education award, much like AmeriCorps does for younger generations.
  Best of all, that stipend can be transferred to children or 
grandchildren. Imagine what that means for a grandmother or a 
grandfather who could literally put thousands of dollars into their 
newborn grandchild's college savings fund as a result of this program--
funds that can only be used after the child turns 18 and can be kept 
for up to 20 years. Of all the new ideas in this legislation, perhaps 
this one is the most exciting.
  This legislation also creates an Encore Fellows program that places 
older Americans in one-year management or leadership positions in 
public or private not-for-profits. These year-long

[[Page 5464]]

fellowships not only increase the capacity of public service 
organizations already doing tremendous work in our communities, they 
also promote those who have already had full, successful careers, 
perhaps in the private sector, to lend their expertise and experience 
to the cause of community or public service.
  The Encore Service Act also creates a Silver Scholars program that 
awards older Americans with an education scholarship of up to $1,000 in 
exchange for volunteering with public agencies or private nonprofits 
between 250 and 500 hours a year. As with the Encore Service Program, 
they can use these awards for themselves or transfer them to children, 
grandchildren or other qualified designees.
  Lastly, this legislation expands the capacity and builds on the 
success of current Senior Programs by raising the authorization funding 
levels for the Foster Grandparent, Senior Corps and RSVP programs. We 
all know that seniors and these programs have already made a remarkable 
difference in our communities. That is why our legislation raises 
program eligibility levels from 125 to 200 percent above poverty and 
ensures that all programs will be open to any individual 55 years and 
older.
  Contrary to what some suggest, I believe the American people are 
starved for opportunities to serve--and stand at the ready not just in 
times of crisis, but every day.
  Americans are simply waiting to be asked to serve something greater 
than themselves, as they originally were by President John F. Kennedy. 
In introducing this legislation today, we once again remind all 
Americans of that call to serve.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

 SENATE RESOLUTION 53--AUTHORIZING A PLAQUE COMMEMORATING THE ROLE OF 
     ENSLAVED AFRICAN AMERICANS IN THE CONSTRUCTION OF THE CAPITOL

  Mrs. LINCOLN (for herself, Mr. Schumer, Mr. Chambliss, and Mr. 
Bennett) submitted the following resolution; which was referred to the 
Committee on Rules and Administration:

                               S. Res. 53

       Whereas enslaved African Americans provided labor essential 
     to the construction of the Capitol;
       Whereas enslaved African Americans performed the 
     backbreaking work of quarrying the stone which comprised many 
     of the floors, walls, and columns of the Capitol;
       Whereas enslaved African Americans toiled in the Aquia 
     Creek sandstone quarry in Stafford County, Virginia and in a 
     marble quarry in Montgomery County, Maryland to produce the 
     stone that would be used in the Capitol;
       Whereas the marble columns in the Old Senate Chamber and 
     the sandstone walls of the East Front corridor remain as the 
     lasting legacies of the enslaved African Americans who worked 
     the quarries;
       Whereas enslaved African Americans also participated in 
     other facets of construction of the Capitol, including 
     carpentry, masonry, carting, rafting, roofing, plastering, 
     glazing, painting, and sawing;
       Whereas enslaved African Americans labored on the Nation's 
     Capitol while they, themselves, were not free;
       Whereas the contributions of enslaved African Americans in 
     the construction of the Capitol have not been acknowledged 
     nor adequately represented in the Capitol;
       Whereas no narrative on the construction of the Capitol 
     that does not include the contributions of enslaved African 
     Americans can fully and accurately reflect the history of the 
     Capitol; and
       Whereas recognition of the contributions of enslaved 
     African Americans brings to all people of the United States 
     an understanding of the continuing evolution of democracy: 
     Now, therefore, be it
       Resolved, That the Senate authorizes and directs--
       (1) the Senate Commission on Art to procure an appropriate 
     plaque acknowledging the role of enslaved African Americans 
     in the construction of the Capitol; and
       (2) that, under the direction of the Committee on Rules and 
     Administration of the Senate, the plaque shall be placed near 
     the original exterior wall that was constructed between 1793 
     and 1800 in the East Front corridor on the third floor of the 
     Senate wing of the Capitol.

                          ____________________




                          NOTICES OF HEARINGS


               Committee on Energy and Natural Resources

  Mr. BINGAMAN. Mr. President, I would like to announce for the 
information of the Senate, that the hearing scheduled before Senate 
Committee on Energy and Natural Resources, for Thursday, February 26, 
2009, will begin at 2:30 p.m., in room SD-366 of the Dirksen Senate 
Office Building.
  The purpose of the hearing is to provide recommendations for reducing 
energy consumption in buildings through improved implementation of 
authorized DOE programs and through other innovative federal energy 
efficiency policies and programs.
  For further information, please contact Deborah Estes at (202) 224-
5360 or Rosemarie Calabro at (202) 224-5039.


               COMMITTEE ON ENERGY AND NATURAL RESOURCES

  Mr. BINGAMAN. Mr. President, I would like to announce for the 
information of the Senate and the public that an oversight hearing has 
been scheduled before the Senate Committee on Energy and Natural 
Resources. The hearing will be held on Tuesday, March 3, 2009, at 10 
a.m., in room SD-366 of the Dirksen Senate Office Building.
  The purpose of this oversight hearing is to examine the progress on 
smart grid initiatives authorized in the Energy Independence and 
Security Act of 2007, and funded in the stimulus bill, and to learn of 
opportunities and impediments to timely installation of smart grid 
technologies.
  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record may do so by sending it to the 
Committee on Energy and Natural Resources, United States Senate, 
Washington, D.C. 20510-6150, or by e-mail to 
Gina_W[email protected].
  For further information, please contact Leon Lowery at (202) 224-2209 
or Gina Weinstock at (202) 224-5684.


               COMMITTEE ON ENERGY AND NATURAL RESOURCES

  Mr. BINGAMAN. Mr. President, I would like to announce for the 
information of the Senate and the public that an oversight hearing has 
been scheduled before the Senate Committee on Energy and Natural 
Resources. The hearing will be held on Thursday, March 5, 2009, at 9:30 
a.m., in room SD-366 of the Dirksen Senate Office Building.
  The purpose of this oversight hearing is to review future directions 
of energy research and development and to identify key scientific and 
technological hurdles that must be overcome in order to pursue these 
new directions.
  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record may do so by sending it to the 
Committee on Energy and Natural Resources, United States Senate, 
Washington, D.C. 20510-6150, or by e-mail to Rosemarie_ 
C[email protected].
  For further information, please contact Jonathan Epstein at (202) 
224-4971 or Rosemarie Calabro at (202) 224-5039.


                PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

  Mr. LEVIN. Mr. President, I would like to announce for the 
information of the Senate and the public that the Permanent 
Subcommittee on Investigations of the Committee on Homeland Security 
and Governmental Affairs has rescheduled its February 24th hearing, 
``Tax Haven Banks and U.S. Tax Compliance--Obtaining the Names of U.S. 
Clients with Swiss Accounts,'' to Wednesday, March 4th. This hearing 
will continue the Subcommittee's examination of financial institutions 
which are located in offshore tax havens and which use practices that 
facilitate tax evasion and other misconduct by U.S. clients. One of the 
banks featured in a July 2008 hearing on this topic is UBS, a major 
financial institution headquartered in Switzerland. The hearing will 
examine issues related to a John Doe summons served by the IRS on UBS 
seeking the names of U.S. clients with UBS Swiss accounts that have not 
been disclosed to the IRS. In July, UBS representatives estimated that 
about 19,000 U.S. clients had about $18 billion in assets in such Swiss 
accounts. The hearing will examine a recent deferred prosecution

[[Page 5465]]

agreement involving UBS, the status of the John Doe summons, the role 
of U.S.-Swiss tax and legal assistance treaties, and the effect of 
Swiss secrecy laws on U.S. information requests. A witness list will be 
available Friday, February 27, 2009.
  The Subcommittee hearing has been rescheduled for March 4, 2009, at 
2:30 p.m., in Room 342 of the Dirksen Senate Office Building. For 
further information, please contact Bob Roach of the Permanent 
Subcommittee on Investigations at 202-224-9505.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


            committee on banking, housing, and urban affairs

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Banking, Housing, and Urban Affairs be authorized to meet 
during the session of the Senate on February 24, 2009, at 10 a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be authorized to meet during the session 
of the Senate on Tuesday, February 24, 2009, at 2:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          Committee on Health, Education, Labor, and Pensions

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Health, Education, Labor, and Pensions be authorized to 
meet, during the session of the Senate, to conduct a hearing entitled 
``Addressing Underinsurance in National Health Reform'' on Tuesday, 
February 24, 2009. The hearing will commence at 10 a.m. in room 430 of 
the Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Committee on Veterans' Affairs

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Veterans' Affairs be authorized to meet during the session 
of the Senate on Tuesday, February 24, 2009, at 2 p.m., in a Joint 
Hearing with the House Veterans' Affairs Committee to receive testimony 
from the Disabled American Veterans. The Committee will meet in room 
345 of the Cannon Building beginning at 2 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Select Committee on Intelligence

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the Select 
Committee on Intelligence be authorized to meet during the session of 
the Senate on February 24, 2009 at 2:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


   Subcommittee on Antitrust, Competition Policy and Consumer Rights

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate 
Committee on the Judiciary, Subcommittee on Antitrust, Competition 
Policy and Consumer Rights, be authorized to meet during the session of 
the Senate, to conduct a hearing entitled ``The Ticketmaster/Live 
Nation Merger: What Does it Mean for Consumers and the Future of the 
Concert Business?'' on Tuesday, February 24, 2009, at 2:30 p.m., in 
room SD-226 of the Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. KYL. Madam President, I ask unanimous consent that Kim McIntier 
of my staff have floor privileges for the duration of the debate on S. 
160.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The PRESIDING OFFICER (Mrs. McCaskill). The Senator from North Dakota

                          ____________________




      ORDER FOR RECESS AND ORDERS FOR WEDNESDAY, FEBRUARY 25, 2009

  Mr. DORGAN. Madam President, I ask unanimous consent that the Senate 
recess until 8:30 p.m., and that at 8:40 p.m., the Senate proceed as a 
body to the Hall of the House of Representatives to receive a message 
from the President of the United States; that upon disposition of the 
joint session, the Senate adjourn until 9:30 Wednesday, February 25; 
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 the Senate 
resume consideration of S. 106, the District of Columbia House Voting 
Rights Act.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                 RECESS

   Mr. DORGAN. Madam President, if there is no further business to come 
before the Senate, I ask unanimous consent that the Senate stand in 
recess under the previous order.
  There being no objection, the Senate, at 5 p.m., recessed until 8:30 
p.m. and reassembled when called to order by the Presiding Officer (Mr. 
Bennet).
  The PRESIDING OFFICER. The Senator from Washington.

                          ____________________




                        AUTHORIZATION TO APPOINT

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Presiding Officer of the Senate be authorized to appoint a committee on 
the part of the Senate to join with a like committee on the part of the 
House of Representatives to escort the President of the United States 
into the House Chamber for the joint session to be held at 9 p.m. this 
evening.
  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. 111-1)

  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 10:18 p.m., the Senate 
adjourned until Wednesday, February 25, 2009, at 9:30 a.m.





[[Page 5466]]

                          EXTENSIONS OF REMARKS
                          ____________________


                        TRIBUTE TO MARK EDWARDS

                                 ______
                                 

                             HON. JOE BACA

                             of california

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. BACA. Madam Speaker, on May 8th, 2009, the San Bernardino 
community will gather to honor Mark Edwards as he is presented with the 
prestigious Golden Baton Award from the San Bernardino Symphony Guild. 
In the Guild's eighty years of its existence, this will only be the 
tenth time that this honor has been awarded. The Guild is honoring him 
not only for his significant contribution to the San Bernardino 
Symphony but also for his commitment and dedication to the San 
Bernardino community.
  A respected lawyer in the Inland Empire, Mark received his Juris 
Doctor with Honors from the University of California, Davis. In 1982, 
he became a Shareholder and Senior Attorney at Reid & Hellyer, A 
Professional Corporation in San Bernardino. In 1994, Mark became a 
founding member of the Law Office of Mirau, Edwards, Cannon, Lewin & 
Tooke, A Professional Corporation in Redlands, where his firm practices 
transactional law in the areas of business, corporate, tax, real estate 
and estate planning.
  In addition to his law practice, Mark has always been a very active 
member of the San Bernardino community. As former President and current 
First Vice President of the San Bernardino Symphony Orchestra, he has 
also continuously served on the Board of Directors since 1992 and as a 
Member of the Executive Committee since 1995. In addition, he was 
actively involved with the San Bernardino Area Chamber of Commerce, 
serving as President in 1992 and a Member of the Board of Directors as 
well as the Executive Committee throughout the 1990s.
  Known for his passionate and selfless volunteerism, Mark has served 
as an Elder for the First Presbyterian Church of San Bernardino, Judge 
Pro-tem for the San Bernardino Superior Court, founder of Leadership 
San Bernardino, as well as a Member of the Board of Directors for 
numerous other organizations throughout the Inland Empire. It is 
obvious that the community has always been important to Mark based on 
his continual support of both the San Bernardino Symphony and city as a 
whole.
  Madam Speaker, it is my great honor to recognize the service, 
sacrifice, and dedication of Mark Edwards. His impact on our community 
over the years serves as a great reminder that a life spent giving back 
to society is a life of a true patriot.

                          ____________________




         RECOGNIZING SCHOOL BOARD RECOGNITION WEEK IN MINNESOTA

                                 ______
                                 

                         HON. MICHELE BACHMANN

                              of minnesota

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mrs. BACHMANN. Madam Speaker, I am thrilled to recognize hard-working 
school board members in Minnesota this year during School Board 
Recognition Week. Throughout the year, school boards across the nation 
play a vital role in organizing members of the community to participate 
in our children's education.
  Parents, teachers and local leaders are uniquely equipped to meet the 
needs of students in the classroom. A locally-governed education system 
requires local involvement. Many of these individuals hold full-time 
jobs, and yet they selflessly volunteer their time to serving their 
families and other families in the community by donating their talents 
and resources through various roles on the school board.
  Madam Speaker, I want to thank members of school boards across the 
State of Minnesota for devoting countless hours and energy towards our 
children's education and ultimately their future. Additionally, I want 
to encourage continued involvement to ensure our grandchildren receive 
the same priceless support from which so many of us benefit. I applaud 
and join my colleagues in recognizing the individuals who selflessly 
dedicate their time to this crucial role.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. KAY GRANGER

                                of texas

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. GRANGER. Madam Speaker, consistent with the Republican 
Leadership's policy on earmarks, I offer the following justification 
for the projects that I requested that were included in H.R. 1105, the 
Fiscal Year 2009 Omnibus Appropriations Act.
  For the project titled, ``Assistance to Improve Water Quality for 
Tarrant County, TX,'' in H.R. 1105, Natural Resources Conservation 
Service, Conservation Operations account, the legal name and address of 
the requesting entity is Texas AgriLife Research, 113 Jack K. Williams 
Building 2142 TAMU, College Station, TX 77843-2142. The $336,000 in the 
bill supports specialized studies to improve water quality in North 
Central Texas. The project aims to create a watershed protection plan 
and improve the water quality in the five reservoirs that supply water 
for the majority of Fort Worth and fifty-nine surrounding communities. 
By implementing a watershed protection plan, water quality can be 
improved in North Central Texas, thereby protecting supply and quality 
for over 1.6 million residents in the area. Matching funds are as 
follows: Texas State Soil and Water Conservation Board ($740,000), 
Texas Water Development Board ($200,000), and the Texas Commission on 
Environmental Quality ($542,000). Tarrant Regional Water District and 
the Texas Water Resources Institute also provide in-kind support.
  For the project titled ``Child Abuse Training Programs for Judicial 
Personnel: Victims Act Model Court Project'' in H.R. 1105, OJP-Byrne 
Discretionary Grants account, the legal name and address of the 
requesting entity is the National Council of Juvenile and Family Court 
Judges, 1041 North Virginia Street, Third Floor, Reno, Nevada 89503. 
The $920,000 in the bill for this project will be used in planning and 
programming for work in Model Courts and in jurisdictions nationwide, 
including site-based and local, regional and national interdisciplinary 
training programs; Model Court site visits; Model Court cross-site 
visits; All-Sites Meetings; outreach to national State Court 
Improvement Programs; direct technical assistance to Model Courts and 
other jurisdictions nationwide; mentoring of non-Model Court 
jurisdictions; publications for national dissemination; research to 
evaluate Model Court work; and networking with national organizations. 
The project focuses on improving court practice in handling child abuse 
and neglect cases in jurisdictions across the country, and will have 
significant impact on the over 513,000 children in the nation's foster 
care systems. The National Council of Juvenile and Family Court Judges 
is supported by a number of funders both federal, state and private; 
and national and state-based that supports related work. Supplemental 
funding for this project has been applied for in the past, as NCJFCJ 
continually seeks a variety of funding sources for its projects.
  For the project titled ``Train-the-Trainer (ALERRT)'' in H.R. 1105, 
OJP-Byrne Discretionary Grants account, the legal name and address of 
the requesting entity is the Texas State University, 601 University 
Drive, San Marcos, Texas 78666. The $1,200,000 in the bill for this 
project will enable Texas State University to build ALERRT's Train-The-
Trainer capacity to meet the training needs of the more than 650,000 
law enforcement agents across the nation. Since 2002, ALERRT has 
trained more than 16,000 first responding patrol officers. ALERRT is a 
program designed to train first responders with tactics they will need 
to effectively respond to active shooter situations. More than 200 law 
enforcement agencies, including Texas Christian University Police 
Department and Ft. Worth Police Department, are on the waiting list for 
training under ALERRT. Funding would allow these departments to receive 
training. ALERRT has been awarded more than $7 million in federal and 
state funds to bring this Rapid Response

[[Page 5467]]

training to frontline officers across Texas and the nation. Texas State 
will provide any required matching funds.
  For the project titled ``White Settlement Emergency Management, 
Police, and Fire Department Interoperable Communications Project'' in 
H.R. 1105, OJP-Byrne Discretionary Grants account, the legal name and 
address of the requesting entity is the City of White Settlement, 214 
Meadow Park Drive, White Settlement, TX 76108. The $500,000 in the bill 
for this project will allow the City of White Settlement to begin the 
process of updating the city's radio equipment. The city is currently 
not capable of transmitting information between agencies due to aging 
radio systems and lack of funding. Many times, the ability of first-
responders to respond to emergency situations would be enhanced by 
partnering or sharing resources. The goal is to have direct 
communications with the City of Fort Worth, the Naval Air Station Joint 
Reserve Base, Lockheed Martin, and any other local agencies or cities 
for rapid response to emergency situations. No matching funds are 
required for this project.
  For the project titled ``America SCORES Fort Worth Expansion'' in 
H.R. 1105, OJP-Juvenile Justice account, the legal name and address of 
the requesting entity is the America SCORES, 520 Eighth Avenue, 11th 
Floor, New York, New York 10018. The $150,000 in the bill for this 
project will be used to expand the America SCORES after-school program 
to at least five new public elementary schools in the Fort Worth area, 
reaching upwards of 125 additional elementary students in the urban 
center. The America SCORES model has proven very successful in 
improving academic performance and physical health among participants, 
reduces the risks of unsupervised playtime, and combats the epidemics 
of childhood obesity and violence. America SCORES will match the 
federal funding with $150,000 in private funds. All expenses to 
maintain the expansion in future years will be provided by non-federal 
sources.
  For the project titled ``Central City, Fort Worth, Upper Trinity 
River Basin, TX'' in H.R. 1105, Corps of Engineers--Construction 
account, the legal name and address of the requesting entity is Tarrant 
Regional Water District, 800 E. Northside Dr., Fort Worth, TX 76102. 
The aging levee system on the Trinity River is no longer adequate to 
provide protection for an area adjacent to downtown Fort Worth that is 
undergoing revitalization. The Army Corps of Engineers recommends in 
the final Environmental Impact Statement an integrated, comprehensive 
solution for flood control in this area to include transportation, 
environmental restoration, and community redevelopment components, 
including constructing a 1.5-mile flood-control bypass channel. The 
$6,000,000 in the bill for this project will be used for excavation of 
the bypass channel. Matching funds for the entire project include $64 
million from Tarrant Regional Water District, $10.9 million from the 
City of Fort Worth, $9 million from Tarrant County, and $80.5 million 
from the local tax financing district.
  For the project titled, ``Farmers Branch, Tarrant County, TX'' in 
H.R. 1105, Corps of Engineers Sec. 205 account, the legal name and 
address of the requesting entity is the City of White Settlement, 214 
Meadow Park Drive, White Settlement, TX 76108. To improve the 
channelization of Farmers Branch flowing through the center of White 
Settlement, the continuing authority provided in this bill will be used 
for construction of a flood control channel. This channel will mitigate 
major flooding problems affecting homes and businesses in the area. The 
City of White Settlement has passed bonds totaling $11.5 million for 
the project.
  For the project titled, ``Upper Trinity River Basin, TX'' in H.R. 
1105, Corps of Engineers Investigations account, the legal name and 
address of the requesting entity is U.S. Army Corps of Engineers, Fort 
Worth District, 819 Taylor Street, Room 3A32, Fort Worth, TX 76102-
0300. The $382,000 provided in the bill will be used to continue 
various Corps of Engineers studies in the Upper Trinity River Basin. No 
matching funds are required.
  For the project titled ``Cook Children's Medical Center, Ft. Worth, 
TX for facilities and equipment'' in H.R. 1105, Health Resources and 
Services Administration (HRSA)--Health Facilities and Services account, 
the legal name and address of the requesting entity is the Cook 
Children's Medical Center, 801 Seventh Avenue, Fort Worth, Texas 76104. 
The $666,000 in the bill for this project will be used to purchase 
Magnetoencephalography (MEG) technology in order for Cook Children's 
Medical Center to continue their research in the neurosciences. MEG 
technology, combined with Cook Children's existing iMRI and pediatric 
neuroscience resources, will provide the best available treatment to 
cure Texas children afflicted with epilepsy, brain tumors, and other 
devastating neurological disorders. Funds will be used for the purchase 
of equipment and the construction costs necessary to install the MEG 
technology. In addition to the federal funding for this project, Cook 
Children's plans to raise at least $5,803,000 in the local community.
  For the project titled ``Harris Methodist Ft. Worth Hospital, Ft. 
Worth, TX for facilities and equipment'' in H.R. 1105, Health Resources 
and Services Administration (HRSA)--Health Facilities and Services 
account, the legal name and address of the requesting entity is the 
Harris Methodist Fort Worth Hospital, 1301 Pennsylvania Avenue, Fort 
Worth, Texas 76104. The $618,000 in the bill for this project will be 
used for the renovation and construction of a 16-bed palliative care 
unit. Palliative care is healthcare that specializes in the relief of 
suffering and the achievement of the best possible quality of life for 
patients with advanced illness and their families. It is offered 
simultaneously with all other appropriate medical treatment. Currently, 
the Harris Methodist Health Foundation is seeking community donations 
as part of a $2.2 million campaign. To date, $537,000 has been raised 
to help fund the palliative care unit and significant pledges have been 
made.
  For the project titled ``Texas Wesleyan University, Ft. Worth, TX for 
purchase of equipment for the doctoral program in nurse anesthesia 
practice, including curriculum development'' in H.R. 1105, Health 
Resources and Services Administration (HRSA)--Health Facilities and 
Services account, the legal name and address of the requesting entity 
is the Texas Wesleyan University, 1201 Wesleyan St., Fort Worth, Texas 
76105-1536. The $247,000 in the bill for this project will be used by 
Texas Wesleyan University for equipment costs to support the new on-
line Doctorate program in Nurse Anesthesia Practice. Harris Methodist 
hospital is the primary clinical site for Texas Wesleyan University's 
nurse anesthetist program. Funding will be used to upgrade the network 
and enhance current audio/visual technologies for curriculum 
development and deployment to support instructional needs for the new 
doctoral program. This project will support Texas Wesleyan University's 
new Doctorate Program of Nurse Anesthesia Practice, the second doctoral 
program of its kind in the United States. The objective is to develop a 
distance learning program (utilizing recent advances in distance 
learning methodologies) that will provide extended education to full 
time employed Certified Registered Nurse Anesthetists who are located 
in rural or metropolitan areas of the United States. This project 
provides education via new technologies, including distance learning 
methodologies, and addresses the Healthy People 2010 goal set by HHS to 
eliminate health disparities. Texas Wesleyan University has provided 
$360,000 in private matching funds for this project.
  For the project titled ``Alliance Airport, Runway Extension, TX'' in 
H.R. 1105, FAA--Airport Improvement Program account, the legal name and 
address for the requesting entity is Alliance Airport and the City of 
Fort Worth, TX, 2221 Alliance Boulevard, Ste 100, Fort Worth, TX 76177. 
The $1,750,000 for the project in this bill will be used to extend the 
existing main runway. The extension project includes lengthening the 
runway by 1,400 feet to 11,000 feet and includes extension of taxiways, 
relocation of FM Road 156, relocation of a Burlington Northern Santa Fe 
rail line, and extension of Eagle Parkway. The local share of the 
project cost will be between $50 million and $60 million.
  For the project titled ``CNG Bus Replacement, Fort Worth 
Transportation Authority, TX,'' in H.R. 1105, Federal Transit 
Administration--Bus/Bus Facilities account, the legal name and address 
for the requesting entity is Fort Worth Transportation Authority, The 
``T,'' 1600 E. Lancaster Avenue, Fort Worth, TX 76102. The $1,425,000 
in this bill will be used to continue the replacement of the Fort Worth 
Transportation Authority's aging bus fleet and pay for the cost of 
replacing approximately 3-4 buses with clean-burning natural gas 
vehicles, wheel chair accessibility and complete with security cameras 
for driver and passenger safety. This will help advance the T's overall 
initiative to make the entire bus fleet 100% wheel chair accessible. 
Local share of the project cost will be $1.64 million.
  For the project titled, ``Interstate-35 W Congestion Relief, TX,'' in 
H.R. 1105, Federal Highways Administration--Interstate Maintenance 
account, the legal name and address for the requesting entity is City 
of Fort Worth, TX, 1000 Throckmorton Street, Fort Worth, TX 76102. The 
$1,800,000 in the bill will be used to provide congestion relief for I-
35W between downtown Fort Worth and SH 114 near the Denton/Tarrant 
County line. These funds are for engineering and design. Relief of 
regional congestion along this road segment is critical

[[Page 5468]]

and would address significant emissions concerns. Additionally, this 
eventual expansion of I-35W would also continue facilitating economic 
expansion of north Fort Worth, the Alliance Airport area, northern 
Tarrant County, as well as enhance access to the renewal work of the 
Trinity River Vision project. Local share of the project cost will be 
$2 million by the Denton County Commissioner's Court, which is 
significantly more than the statutory 20 percent.
  For the project titled, ``Henderson Street Bridge Construction at the 
Trinity River, Fort Worth, TX,'' in H.R. 1105, Federal Highways 
Administration--Transportation Community Systems Preservation account, 
the legal name and address for the requesting entity is City of Fort 
Worth, TX, 1000 Throckmorton Street, Fort Worth, TX 76102. The 
$1,520,000 in the bill will be used for the construction of SH 199 
(Henderson Street) and US Business 287 through the Trinity Uptown area 
of the Trinity River Vision. The aging levee system is no longer 
adequate to provide protection for an area adjacent to downtown Fort 
Worth that is undergoing revitalization. The U.S. Army Corps of 
Engineers recommends in the final Environmental Impact Statement an 
integrated, comprehensive solution for flood control in this area to 
include transportation, environmental restoration and community 
redevelopment components in constructing a 1.5 mile flood-control 
bypass channel. Local share of the project cost is $21.485 million.
  For the project titled, ``City of Fort Worth, TX--Economic 
Development Initiatives,'' in H.R. 1105, Housing and Urban 
Development--Economic Development Initiative account, the legal name 
and address of the requesting entity is City of Fort Worth, TX, 1000 
Throckmorton Street, Fort Worth, TX 76102. The $285,000 in the bill 
will be used for property acquisition for land that will be needed to 
construct the bypass channel of the Trinity River. The aging levee 
system is no longer adequate to provide protection for an area adjacent 
to downtown Fort Worth that is undergoing revitalization. The U.S. Army 
Corps of Engineers recommends in the final Environmental Impact 
Statement an integrated, comprehensive solution for flood control in 
this area to include transportation, environmental restoration and 
community redevelopment components in constructing a 1.5 mile flood-
control bypass channel. The local share of the project cost is $15 
million.

                          ____________________




                          HONORING JOEL GORDON

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Joel Gordon 
of Weatherby Lake, Missouri. Joel is a very special young man who has 
exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 395, and 
earning the most prestigious award of Eagle Scout.
  Joel has been very active with his troop, participating in many scout 
activities. Over the many years Joel has been involved with scouting, 
he has not only earned numerous merit badges, but also the respect of 
his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Joel Gordon 
for his accomplishments with the Boy Scouts of America and for his 
efforts put forth in achieving the highest distinction of Eagle Scout.

                          ____________________




                       TRIBUTE TO HOWARD V. GARY

                                 ______
                                 

                         HON. KENDRICK B. MEEK

                               of florida

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. MEEK of Florida. Madam Speaker, I rise to pay tribute to the life 
and legacy of the late Mr. Howard V. Gary, a beloved community leader 
in my district often credited with helping re-shape downtown Miami, who 
recently passed away after a five year battle with cancer.
  Born on January 13, 1947, in Harlem Hospital in New York, Mr. Gary's 
mother moved her two sons to Miami where her family lived early in his 
life. He graduated from Miami Northwestern Senior High School. He 
continued his education by earning a bachelor's degree in political 
science and business administration from Morehouse College before 
earning a master's degree in public policy from the University of 
Michigan.
  One of the most influential figures in Mr. Gary's life was his uncle 
Mr. Charles Hadley. Not only did Mr. Hadley help to take care of his 
family, but he was also a force in Miami politics who politicians 
relied on to get out the black vote.
  Mr. Gary was budget director in Newark, New Jersey, before relocating 
to South Florida in 1976 as Miami's budget and management director. He 
made history in the City of Miami when he was hired as the first 
African-American to serve as City Manager. Just 35 years old when 
appointed, Mr. Gary was praised for his effective management, guiding 
the city through the completion of MetroRail and the construction of 
the downtown people mover. Bayside Marketplace was conceived under his 
leadership as a way to revitalize downtown Miami and the declining 
bayfront area.
  After leaving public office, Mr. Gary dedicated his life to becoming 
a successful bond dealer. Howard Gary and Co., the firm he owned, had 
been involved in 123 bond deals around the country since 1992.
  Madam Speaker, I ask that my distinguished colleagues join me in 
recognizing Mr. Gary's extraordinary life and many accomplishments 
within the South Florida community. I appreciate this opportunity to 
pay tribute to him before the United States House of Representatives. 
Moreover, Mr. Howard V. Gary was blessed with a loving family who took 
pleasure in every aspect of his professional career and his personal 
interests.

                          ____________________




         RECOGNIZING DR. SAM HORTON DURING BLACK HISTORY MONTH

                                 ______
                                 

                           HON. KATHY CASTOR

                               of florida

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. CASTOR. Madam Speaker, I rise today to pay tribute to Dr. Sam 
Horton and to acknowledge his contributions to the Tampa Bay area.
  Sam Horton, a native of rural Hillsborough County, is a direct 
descendent of a founding family of the historical township of 
Bealsville. Bealsville was founded by 12 freed slave families after the 
Civil War. The courageous group homesteaded by clearing their lands, 
built homes and began to farm the land. They were dedicated to building 
a life of hope and faith in God based on their newfound freedom.
  Dr. Horton was educated in Florida starting with Glover Elementary 
and Marshall High School in Plant City. He received his Bachelor's 
degree at Florida A&M University in 1949 and his Doctorate at Nova 
Southeastern University in Ft. Lauderdale.
  Dr. Horton immersed himself into the Tampa community after finishing 
his education. He started teaching in the Hillsborough County School 
District in 1949, becoming a principal in 1965. Dr. Horton's passion 
for education and his community inspired him to establish a local 
chapter of the National Alliance of Black School Educators. Dr. Horton 
began to mentor and encourage black educators in hopes of broadening 
the pool of talented educators. He devoted free time to Phi Beta Sigma 
Fraternity, Beulah Baptist Church, the Guardsmen and the NAACP.
  Dr. Horton's career included a major first. He became the first black 
General Director for Secondary Education in the Hillsborough County 
School District in 1978. As a district administrator, he travelled 
several times to the African continent consulting with educators to 
help them improve their educational systems. Dr. Horton retired from 
the school system in 1991. The district honored him by naming the 
Jefferson High School Stadium the Dr. Sam Horton Stadium.
  Dr. Horton served as president of the Hillsborough NAACP. During his 
tenure, he consolidated the Tampa and Plant City branches. Working 
closely with the NAACP Legal Defense Fund, Dr. Horton publicly opposed 
education plans that would lead to more segregated schools in 
Hillsborough County. He also co-founded the Empowerment Center which 
helps black entrepreneurs and provides tutoring for children. Dr. 
Horton has encouraged many local youths to participate in national 
academic and arts driven competitions, NAACP's ACT-SO, exposing these 
youths to top universities, colleges, and scholarships.
  Dr. Horton was married to his wife. Doris, for 55 years and is the 
father of Sheila Warren and Dawyan Horton. He is the proud grandfather 
of Exley Jr. and Michael Warren, Clifton, Jason and Erin Horton. 
Michael and Exley are following in their grandfather's footsteps by 
teaching in Florida public schools.
  The Tampa community honors Dr. Sam Horton for his outstanding 
contributions to the

[[Page 5469]]

Tampa Bay area. His career in education serves as an inspiration and 
will continue to influence the lives of students and educators he 
touched in our community and abroad.

                          ____________________




                         HONORING SPENCER SMITH

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Spencer Smith 
of Kansas City, Missouri. Spencer is a very special young man who has 
exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 395, and 
earning the most prestigious award of Eagle Scout.
  Spencer has been very active with his troop, participating in many 
scout activities. Over the many years Spencer has been involved with 
scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Spencer 
Smith for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




                    IN RECOGNITION OF ROBERT SANCHEZ

                                 ______
                                 

                          HON. HILDA L. SOLIS

                             of california

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. SOLIS of California. Madam Speaker. I rise today to honor the 
career of Robert Sanchez, a guidance counselor formerly at La Puente 
High School in California.
  While I was a high school student at La Puente I was fortunate enough 
to have Mr. Sanchez as my college guidance counselor. Each day he 
worked tirelessly to promote education in our school and in our 
community. During my senior year in high school, Mr. Sanchez took a 
vested interest in my education. He personally took time to explain the 
college application process to me and my family and helped show me how 
I could go to college.
  At the time no one else in my family had attended college. College 
seemed to be an unattainable goal, and the college application process 
was both expensive and daunting. If not for Mr. Sanchez's counseling 
and guidance, I do not know that I would have been able to go on to 
pursue a college education.
  For youths across our nation, high school teachers and counselors are 
a vital part of their education with the power to influence a student's 
decision to pursue higher education or not. I stand here today to honor 
those teachers and guidance counselors, like Robert Sanchez, who work 
each day in our schools, with little recognition or accolades, to place 
the dreams of knowledge and a better future back into the hands of our 
children.
  Robert Sanchez has dedicated his life to motivating and educating 
countless youths in Los Angeles County and San Diego, California. Thank 
you, Mr. Sanchez, for never giving up on our children.

                          ____________________




                      HONORING BENJAMIN VLEISIDES

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Benjamin 
Vleisides of Parkville, Missouri. Benjamin is a very special young man 
who has exemplified the finest qualities of citizenship and leadership 
by taking an active part in the Boy Scouts of America, Troop 395, and 
earning the most prestigious award of Eagle Scout.
  Benjamin has been very active with his troop, participating in many 
scout activities. Over the many years Benjamin has been involved with 
scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Benjamin 
Vleisides for his accomplishments with the Boy Scouts of America and 
for his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




        RECOGNIZING BET NETWORK'S TV SERIES, ``HARLEM HEIGHTS''

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. RANGEL. Madam Speaker, today I rise to congratulate Randolph D. 
Sturrup and Kurt Williamson for creating BET Network's latest 
television series, ``Harlem Heights,'' premiering on March 2, 2009 at 
my beloved Harlem's grandest stage, the Apollo Theatre.
  Harlem Heights is a half-hour reality docu-drama highlighting the ups 
of and downs of seven young African-American professionals struggling 
to balance hectic work schedules with complicated social lives. It 
offers a window into the fascinating world of New York's young, Black 
and fabulous crowd. Picking up where college leaves off, the show 
features a diverse cast of twenty-somethings with different backgrounds 
and personalities but common goals: making the post college leap into 
adulthood and finding love and success in the big city on their own 
terms.
  The concept of Harlem Heights evolved from the creator's deep 
fascination with Harlem and the Harlem Renaissance. Some of our most 
prolific leaders from the past in the world of literature and music 
such as Langston Hughes, Claude McKay, Zora Neale Hurston, and Richard 
Wright all lived in Harlem and started their careers there. Randy and 
Kurt wanted to tell the story of a group of friends all between the 
ages of 25-30 who represent the new Harlem renaissance and all live 
within the world's most famous neighborhood. The show explores the ups 
and downs of being in your mid-twenties in the chapter post college. 
Some of the issues they explore in the series include: career 
transition, love, life challenges, and community.
  Harlem has gone through many changes. In the 1950s Harlem was 
predominately Black and was a thriving community. The pulse of American 
culture always began in Harlem through the musical and literature 
influences. Also Harlem is the home of some of our great political 
figures during the civil rights movement. There are so many historical 
landmarks in Harlem such as the Apollo Theater, Cotton Club, Grant's 
Tomb, and Abyssinian Baptist Church. Over the next two decades Harlem 
became a symbol of urban decay with crime and drugs that infested the 
community. In recent years, the Harlem community has emerged as a place 
of opportunity and resurgence. There's a climate of change and 
progression within Harlem that is symbolic and parallel to the lives of 
the cast of Harlem Heights. This show represents the new renaissance of 
young, talented and successful African-Americans that are emerging as 
leaders and trendsetters within the Harlem community.
  So Madam Speaker, I ask that in this Black History Month, that you 
and my distinguished colleagues join me in celebrating the creation of 
such a remarkable and impressive series that all Americans can equally 
enjoy.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. GINNY BROWN-WAITE

                               of florida

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, pursuant to the 
Republican Leadership standards on member requests, I am submitting the 
following information for publication in the Congressional Record 
regarding requests I received as part of H.R. 1105, the Omnibus 
Appropriations Act of 2009.
  I received six projects in H.R. 1105. They include:
  $416,000 shared by FL, CA, and TX for the Florida Shellfish 
Aquaculture Project located at PO Box 89, Cedar Key, FL 32625. This 
request, funded through the Cooperative State Research Education and 
Extension Service, SRG account, will fund research needs for Florida's 
shellfish aquaculture industries. This project will address areas, such 
as genetics, product quality, health management, and species 
diversification, which warrant special attention in the years to come 
as well as immediate needs and concerns of the emergent clam farming 
industry, such as gear comparisons, specialization of harvesting 
equipment. This project will address these and other high priority 
needs by conducting applied multi-disciplinary research and 
demonstration projects involving partnerships with University of 
Florida researchers, extension faculty, and industry.
  $100,000 for the Levy County Sherriff's Office located at PO Drawer 
1719, Bronson, FL 32621. This request, funded through the Department of 
Justice, OJP Byrne Discretionary Grants account, will help the Levy 
County Multi-Jurisdictional Task Force facilitate illegal drug 
investigations in Levy County. The Levy

[[Page 5470]]

County Multi-Jurisdictional Task Force was established due to ever 
increasing illegal drug activities in Levy County. Levy County is a 
rural farming community that covers approximately 1,137 square miles of 
land and 50 miles of coastline along the Gulf of Mexico. The drug 
related activities in this area have increased to the point that 
arrests have over doubled since the Task Force was established. 
Methamphetamine, Marijuana and Crack/Cocaine are all drugs of choice 
within Levy County. In the last year alone, the Task Force conducted 
over 383 investigations that led to the apprehension of over 252 drug 
offenders, the seizure of 287.65 grams of powder or crack cocaine, 4.41 
pounds of marijuana, 517 marijuana plants and 447.62 grams of other 
dangerous drugs.
  $400,000 for the Lake County Board of County Commissioners located at 
315 West Main St., P.O. Box 780, Tavares, FL 32778. This request, 
funded through the Department of Justice, COPS Law Enforcement 
Technology account, will be used for equipment and technology for the 
Emergency Operations Center in Lake County. Funding for this program 
will go towards an 800 Mhz radio system and for equipment and 
technology for the Emergency Operations Center of the County. An 800 
MHZ radio system will allow for the coordination of Lake County's 
police, fire, emergency medical services in emergency and disaster 
situations. The project would allow for portable radio communications 
across the county, which is currently not possible. Service will be 
provided to all county public agencies, 14 municipalities, 13 law 
enforcement agencies, 13 fire services, the County Emergency Medical 
Service, 5 Animal Service agencies and Emergency Management. 
Additionally, funding will allow for the acquisition of technology 
equipment for an Emergency Operations Center, so that emergency 
response and communication is improved through connectivity via 
computer systems, data system hardening and backup, satellite, video 
and teleconferencing, and remote incident command centers. Technology 
will enhance communication capabilities with links to various radio 
networks (ham operators) and call-center operations.
  $1,500,000 for the Crystal River National Wildlife Refuge located at 
1502 S.E. Kings Bay Drive, Crystal River, FL 34429. This request, 
funded through the Fish and Wildlife Service, Land Acquisition account, 
will be used to acquire the Three Sisters Springs tract in Crystal 
River, Florida. The U.S. Fish and Wildlife Service has an opportunity 
to acquire a 57 acre parcel known as Three Sisters Springs. This parcel 
would protect and enhance habitats used extensively by the federally 
endangered West Indian Manatee. Subject lands consist of 45 acres of 
uplands, 11 acres of wetlands (including and 8 acre fresh water lake 
filled by underground springs), and 1 acre of water bottoms (including 
three fresh water springs that are part of a system of approximately 30 
springs that feed the headwaters of the Crystal River). Each of the 
springs is designated by the State of Florida as 2nd Magnitude.
  $380,000 for the Citrus County Board of County Commissioners located 
at 110 N. Apopka Avenue, Inverness, FL 34450. This request, funded 
through the Transportation, Community and System Preservation account, 
will be used to eliminate water runoff from U.S. Highway 19. For this 
coastal area of the county, the watershed master plan was completed in 
2002. It identified an area of critical concern concerning water runoff 
from nearby development as well as U.S. Highway 19. The highway has 
been designated by the State for near term widening and does not 
include additional storm water catchments. This area, known as the 
Southfork area near Homosassa in Citrus County, drains into pristine 
wetlands. The county has recognized the need to capture and treat storm 
water runoff before it reaches these areas. The County, with matching 
funds from the regional water management district, has spent to date 
over $1,000,000 in acquiring land east of U.S. Highway 19 to act as a 
pre-catchment area. The County does not have sufficient funds to 
purchase the needed land west of U.S. Highway 19 and build the 
necessary structures for storm water treatment.
  $767,000 and $599,000 for the SubTropical Agricultural Research 
Station (STARS) located at 22271 Chinsegut Hill Road, Brooksville, FL 
34601. This request, funded through the Agricultural Research Service, 
Salaries and Expenses account, will be used for continued funding of 
the SubTropical Agricultural Research Station (Improved Cow-Beef 
Operations of Water Quality and Subtropical Beef Germplasm). The 
subtropical United States, including Florida, accounts for nearly 40 
percent of the nation's cow-calf herd. These funds will be used to 
conduct research to support the cattle industry of Florida and the 
southeast aimed at boosting efficiency, safety and environmental 
responsibility.

                          ____________________




                       HONORING CHRISTOPHER WOODS

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Christopher 
Woods of Kansas City, Missouri. Christopher is a very special young man 
who has exemplified the finest qualities of citizenship and leadership 
by taking an active part in the Boy Scouts of America, Troop 395, and 
earning the most prestigious award of Eagle Scout.
  Christopher has been very active with his troop, participating in 
many scout activities. Over the many years Christopher has been 
involved with scouting, he has not only earned numerous merit badges, 
but also the respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Christopher 
Woods for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. ADAM H. PUTNAM

                               of florida

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. PUTNAM. Madam Speaker, I submit the following:


     omnibus funding award for hillsborough county methamphetamine 
                    enforcement and cleanup project

  Requesting Member: Congressman Adam H. Putnam.
  Bill Number: H.R. 1105.
  Account: Department of Justice--Community Oriented Policing Services 
(COPS).
  Project Funding Amount: $250,000.
  Legal Name of Requesting Entity: Hillsborough County.
  Address of Requesting Entity: 3110 Clay Mangum Lane, Tampa, Florida 
33618.
  Description of Request: On behalf of Hillsborough County, I 
respectfully requested $250,000 in funding for the county's 
Methamphetamine Enforcement and Cleanup project. Methamphetamine use 
and distribution is a major problem in the Tampa Bay/Hillsborough 
County area. Realizing that methamphetamine has clear and tragic 
consequences, whether it's the obvious striking physical and mental 
affects or the cleanup of the toxic production laboratories, 
Hillsborough County will use this funding to combat this problem 
through meth prevention, treatment, and the cleanup of drug sites.


      omnibus funding award for the polk county sheriff's office 
                   methamphetamine prevention project

  Requesting Member: Congressman Adam H. Putnam.
  Bill Number: H.R. 1105.
  Account: Department of Justice--COPS Methamphetamine Enforcement.
  Project Funding Amount: $250,000.
  Legal Name of Requesting Entity: Polk County Sheriff.
  Address of Requesting Entity: 455 North Broadway Avenue, Bartow, 
Florida 33830.
  Description of Request: The Polk County Sheriff's Office has placed 
an earmark request of $250,000 in continued funding for the Polk County 
Methamphetamine Project. This critical program has received previous 
federal funding to carry out methamphetamine prevention and mitigation 
programs that have shown positive results in cracking down on the 
growth of methamphetamine production and distribution in central 
Florida. This funding will cover equipment and training, thus enabling 
the Polk County Sheriff's Office (PCSO) to make a dedicated effort to 
combat the distribution and use of methamphetamine in Polk County, 
Florida. From 2003 through 2007, the PCSO made 3,481 methamphetamine 
related arrests, seized over 150,000 grams of methamphetamine, and 
eliminated 27 methamphetamine labs.


   omnibus funding award for florida fish and wildlife conservation 
 commission: the cooperative reef fish monitoring and research program

  Requesting Member: Congressman Adam H. Putnam.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division B--Commerce, Justice, Science, and Related Agencies 
Appropriations Act, 2009.

[[Page 5471]]

  Account: Department of Commerce (National Oceanic and Atmospheric 
Association).
  Project Funding Amount: $1,000,000.00.
  Legal Name of Requesting Entity: Florida Fish and Wildlife 
Conservation Commission.
  Address of Requesting Entity: 620 S. Meridian St., Tallahassee, FL 
32399-1600.
  Description of Request: The Florida Fish and Wildlife Conservation 
Commission (FWC) is seeking $1 million in Federal funds in FY 2010 to 
continue implementation of the Cooperative Reef Fish Monitoring and 
Research Program, a partnership between FWC and the National Marine 
Fisheries Service (NMFS). Public criticism of fishery-related science 
used in management decisions highlights the need for data that has the 
confidence of regulators and the public. FWC and NMFS are building 
long-term information for improving stock assessments and management of 
important reef fisheries in the eastern Gulf of Mexico, with a goal of 
ensuring a sustainable snapper-grouper fishery. This partnership 
increases integration of institutional resources, knowledge, and 
expertise, in an efficient and cost-effective manner. During FY 2008 
and 2009--part of a three-year pilot phase--FWC and NMFS staffs have 
focused on developing scientific sampling protocols, identifying 
critical data gaps, and integrating existing state and federal 
fisheries sampling programs. Following this pilot phase, permanent 
authorization for this program will ensure that State and Federal 
fisheries managers have access to long-term status and trend 
information to support science-based and proactive fisheries management 
decisions.

                          ____________________




                    HONORING NICHOLAS ROBERT RITTER

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Nicholas 
Robert Ritter of Liberty, Missouri. Nicholas is a very special young 
man who has exemplified the finest qualities of citizenship and 
leadership by taking an active part in the Boy Scouts of America, Troop 
134, and earning the most prestigious award of Eagle Scout.
  Nicholas has been very active with his troop, participating in many 
scout activities. Over the many years Nicholas has been involved with 
scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Nicholas 
Robert Ritter for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. THOMAS E. PETRI

                              of wisconsin

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. PETRI. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information for 
publication in the Congressional Record regarding earmarks I received 
as part of H.R. 1105, FY 2009 Omnibus Appropriations Act:
  Requesting Member: The Honorable Thomas E. Petri
  Bill Number: H.R. 1105
  Account: Division A--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies--NRCS--Conservation Operations
  Legal Name of Requesting Entity: Natural Resources Conservation 
Service
  Address of Requesting Entity: Eisenhower Corporate Park, 2805 S. 
Industrial Hwy, Suite 100, Ann Arbor, MI 48104-6791.
  Description of Request: The $404,000 appropriation will be used for 
grants and technical assistance, demonstration grants, and information/
educational activities related to soil erosion and sediment control of 
the Great Lakes. This request has been made with numerous Members and 
Senators of the Congressional Great Lakes Task Force.
  Account: Division B--Commerce, Justice, Science, and Related 
Agencies--COPSTECH
  Legal Name of Requesting Entity: City of Fond du Lac, Wisconsin
  Address of Requesting Entity: City County Government Center, 160 S. 
Macy Street, P.O. Box 150, Fond du Lac, WI 54935-0150.
  Description of Request: Will provide $385,000 to the City of Fond du 
Lac to replace all mobile and portable radios used by the Fond du Lac, 
Wisconsin, Police Department with radios that are P25 compliant. The 
Fond du Lac Police Department is the largest police agency in Fond du 
Lac County, and this project will further provide the Department with 
equipment that is compatible with other agencies' communication 
systems, particularly in times of emergencies when multiple 
jurisdiction interaction is required. This request covers the cost of 
programming, ancillary equipment, and installation of the radios 
(mobiles).
  Account: Division B--Commerce, Justice, Science, and Related 
Agencies--OJP--Byrne Discretionary Grants
  Legal Name of Requesting Entity: The Fox Valley Child Advocacy 
Center--Children's Hospital of Wisconsin
  Address of Requesting Entity: Concorde Building, 325 N. Commercial 
St., Suite 400, Neenah, WI 54956.
  Description of Request: The Fox Valley Child Advocacy Center, an 
entity of Children's Hospital of Wisconsin--Fox Valley and not-for-
profit, serves as a Child Advocacy Center for Winnebago, Calumet, and 
Outagamie Counties. Since its inception in 2004, the Fox Valley Child 
Advocacy Center has had a major impact in the manner in which 
investigations of child abuse and neglect have been conducted in the 
Fox Valley. So far, about 1,000 children have been served at the 
Center. The $115,000 appropriation will be used to enhance the Child 
Advocacy Center (CAC) by supporting new staff positions as well as 
purchasing computer and office equipment. These enhancements will allow 
the CAC to take on more child abuse cases. The appropriation will be 
matched by private dollars. The federal government has taken 
responsibility to ensure that all victims of violent crimes receive 
adequate investigation and victim services through programs like VOCA, 
VAWA and the Children's Justice Act. Federal Byrne grants have also 
been used in many states to support efforts like Child Advocacy 
Centers.
  Account: Division C--Energy and Water Development--Operations & 
Maintenance
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, 
Detroit District
  Address of Requesting Entity: P.O. Box 1027, Detroit, MI 48231.
  Description of Request: The appropriation will provide $754,000 to 
the U.S. Army Corps of Engineers, Detroit District, to restore and 
maintain navigable channels within the Federal Project Limits at Two 
Rivers Harbor. The outer harbor was last dredged in 2005 and now is 
experiencing shoaling problems that resulted in the issuance of a 
Notice to Navigation Interests by the Corps of Engineers in September 
2007. This request also includes funding for dredging the upstream on 
the East Twin River between the 17th Street and 22nd Street bridges, to 
a project depth of 10 feet. This section of the Federal Channel was 
last dredged in 1980, and in some areas is now as shallow as 3.5 feet. 
The project will benefit various harbor and river users by continuing 
to provide safe, reliable access to Lake Michigan from all properties 
located adjacent to the Federal Channel. This project has been 
requested along with Senator Herb Kohl (WI).
  Account: Division C--Energy and Water Development--General 
Investigations
  Legal Name of Requesting Entity: U.S. Army Engineer Division, Great 
Lakes & Ohio River Division.
  Address of Requesting Entity: 550 Main Street, Room 10032, 
Cincinnati, OH 45202.
  Description of Request: The $1,195,000 appropriation will allow the 
U.S. Army Engineer Division, Great Lakes & Ohio River Division's 
Remedial Action Plan (RAP) Committees to identify specific actions to 
resolve pollution problems by coordinating with the Corps of Engineers 
in dredging and sediment cleanups. This request was made with numerous 
Members and Senators of the Congressional Great Lakes Task Force.
  Account: Division C--Energy and Water Development--Construction
  Legal Name of Requesting Entity: U.S. Army Engineer District, Chicago
  Address of Requesting Entity: 111 North Canal Street, Suite 600, 
Chicago, IL 60606.
  Description of Request: The $5.75 million appropriation will provide 
the U.S. Army Engineer District, Chicago, the ability to continue 
construction and operation of the electric dispersal barrier in the 
canal. $500,000 has also been allocated for dispersal barrier II. These 
requests have been made with numerous Members and Senators of the 
Congressional Great Lakes Task Force.
  Account: Division E--Interior, Environment, and Related Agencies--
National Park Service, from the Land Acquisition and State Assistance 
Account
  Legal Name of Requesting Entity: Ice Age Park & Trail Foundation
  Address of Requesting Entity: 306 East Wilson Street, Lower Level, 
Madison, WI 53703.
  Description of Request: The Ice Age Park & Trail Foundation (IAP&TF) 
is the principal non-profit partner of the National Park Service and

[[Page 5472]]

the Wisconsin Department of Natural Resources in preserving, 
developing, sustaining, and operating the Ice Age National Scenic Trail 
(IANST) and the Ice Age National Scientific Reserve (IANSR) for public 
appreciation and enjoyment. The Ice Age Trail is one of only eight 
Congressionally authorized National Scenic Trails in the National 
Trails System. The $1,000,000 appropriation will allow the National 
Park Service to continue acquisition of the authorized interpretive 
site for the Ice Age Trail in Dane County and for the Park Service to 
grant to the State of Wisconsin to be matched by state, local and 
private funds for Ice Age Trail acquisition in Chippewa, Dane, 
Kewaunee, Langlade, Lincoln, Manitowoc, Marathon, Polk, Portage, 
Sheboygan, Taylor, Walworth, Washington, Waupaca, and Waushara 
counties. This project has been requested along with other Members of 
Congress.
  Account: Division E--Interior, Environment, and Related Agencies--
National Park Service, Construction
  Legal Name of Requesting Entity: Ice Age Park & Trail Foundation
  Address of Requesting Entity: 306 East Wilson Street, Lower Level, 
Madison, WI 53703.
  Description of Request: The Ice Age Park & Trail Foundation (IAP&TF) 
is the principal non-profit partner of the National Park Service and 
the Wisconsin Department of Natural Resources in preserving, 
developing, sustaining, and operating the Ice Age National Scenic Trail 
(IANST) and the Ice Age National Scientific Reserve (IANSR) for public 
appreciation and enjoyment. The Ice Age Trail is one of only eight 
Congressionally authorized National Scenic Trails in the National 
Trails System. The $125,000 appropriation will be used to open new 
properties to the public. Activities that would be accelerated by this 
funding include: property boundary marking, baseline documentation (for 
easements), invasive species control and ecosystem restoration, 
equipment purchase, construction of the Trail tread and bridges, 
signing the Trail to established standards and developing public access 
facilities such as parking lots. Since the year 2000, over 7,300 acres 
have been acquired to protect over 43 miles of the Ice Age National 
Scenic Trail. This project has been requested along with other Members 
of Congress.
  Account: Division E--Interior, Environment, and Related Agencies--
EPA/STAG Water and Waste Water Infrastructure Project
  Legal Name of Requesting Entity: Heart of the Valley Metropolitan 
Sewerage District
  Address of Requesting Entity: P.O. Box 187, Kaukauna, WI 54130.
  Description of Request: The $300,000 appropriation will be used to 
develop improvements in sanitary sewer rehabilitation, inspection, 
cleaning, maintenance, and sanitary sewer overflow prevention. The 
Heart of the Valley Metropolitan Sewerage District encompasses the 
communities of Kaukauna, Little Chute, Combined Locks, Kimberly and the 
Darboy Joint Sanitary District of Wisconsin. This project has been 
requested along with Senator Herb Kohl (WI).
  Account: Division F--Labor, Health and Human Services, Education, and 
Related Agencies--Fund for the Improvement of Post Secondary Education 
(FIPSE)
  Legal Name of Requesting Entity: LakeShore Technical College
  Address of Requesting Entity: 1290 North Ave., Cleveland, WI 53015
  Description of Request: To resolve current and projected 
manufacturing workforce needs and to remain current with advancing 
technologies, Lakeshore Technical College (LTC) is in the process of 
creating a Center for Manufacturing Excellence. Manufacturing is the 
largest employment sector in LTC's district and employers cite a 
shortage of skilled workers. The Manufacturing Center is projected to 
cost $7.4 million. The first phase opened in 2007. The federal 
appropriation of $238,000 will support the second phase which will 
improve the quality and relevance of education by integrating advanced 
manufacturing technology equipment into the electromechanical and 
machine tool laboratories. The federal funds also will be used to hire 
and train additional faculty. The federal government has a vital 
interest in ensuring our workforce is able to meet the demands of the 
today's economy and respond to the changing technology, while offering 
employment opportunities.
  Account: Division F--Labor, Health and Human Services, Education, and 
Related Agencies--Fund for the Improvement of Post Secondary Education 
(FIPSE)
  Legal Name of Requesting Entity: Marian College (recently renamed 
Marian University)
  Address of Requesting Entity: 45 South National Ave, Fond du Lac, WI 
54935.
  Description of Request: $190,000 will be used to establish a 
collaborative abilities-based Master's Program in Nursing Education. 
The establishment of this program is designed to address the shortage 
of nurse educators, thereby expanding opportunities for students to get 
degrees in nursing. Through this program, Marian College (University) 
proposes to create the relationships and infrastructure to support 
collaborative agreements among a group of nursing programs at colleges, 
universities, and technical colleges within Wisconsin. Although the 
proposed program would have as its primary focus nursing education, 
students would be able to obtain advanced clinical preparation in 
specialty areas. This venture would be the first in Wisconsin to join 
private and public colleges in order to create new models that wisely 
use the scarce faculty resources available. Specifically, the federal 
dollars will be used for faculty, staff, equipment and travel. Marian 
College plans to spend $550,000 on this effort using its own resources 
and private funding sources outside of Marian College. The 
establishment of this program is designed to address the shortage of 
nurse educators, thereby expanding opportunities for students to get 
degrees in nursing. This will address a national and state-wide need 
for nurses as identified by Wisconsin's Department of Workforce 
Development.
  Account: Division F--Labor, Health and Human Services, Education, and 
Related Agencies--Fund for the Improvement of Post Secondary Education 
(FIPSE)
  Legal Name of Requesting Entity: University of Wisconsin--Oshkosh
  Address of Requesting Entity: 800 Algoma Blvd., Oshkosh, WI 54901
  Description of Request: $95,000 will be used for the University of 
Wisconsin Oshkosh's Center for the Advancement of Sustainable Processes 
and Environmental Research (CASPER) Northeast Wisconsin Environmental 
Footprint Project. This project will establish a benchmark for 
sustainable business activity in Wisconsin, and this information will 
be used to partner with area businesses to foster corporate 
environmental sustainability and economic development. Specifically the 
federal funds will be used for: research, staff training and travel, 
resource acquisition and office expenses. The federal government 
supports many programs to promote energy conservation and renewable 
energy. This program will aid economic development by empowering local 
businesses to lessen their environmental footprints.
  Account: Division F--Labor, Health and Human Services, Education, and 
Related Agencies--Fund for the Improvement of Post Secondary Education 
(FIPSE)
  Legal Name of Requesting Entity: Wisconsin Association of Independent 
Colleges and Universities (WAICU)
  Address of Requesting Entity: 122 West Washington Avenue, Suite 700, 
Madison, WI 53703
  Description of Request: WAICU launched the WAICU Collaboration 
Project in 2002. It is a comprehensive initiative to perform all 
administrative support (back office) functions of Wisconsin's 20 
private colleges and universities on a collaborative basis. By working 
closely with other participating institutions to reduce paperwork and 
consolidate back office functions, the colleges and universities will 
be able to concentrate on their primary mission of teaching and 
learning. Also, saving money will free additional funds for students in 
financial need and for improvements in academic programming. The 
objectives include: saving money (controlling college costs); improving 
the quality of services to students, faculty, and staff; and serving as 
a national model for controlling college costs. In sum, this is a 
project about access, affordability, and accountability for higher 
education. This project will serve as a model for other states, 
specifically private colleges, for reducing costs. The appropriation of 
$285,000 will provide continued implementation of the WAICU 
Collaboration Project which will be used for personnel and technology 
costs. WAICU member colleges and universities and private foundation 
grants provide additional funding for this project.
  Account: Division I--Transportation, Housing and Urban Development, 
and Related Agencies--Transportation and Community and System 
Preservation
  Legal Name of Requesting Entity: Village of North Fond du Lac, 
Wisconsin
  Address of Requesting Entity: 16 Garfield St., North Fond du Lac, WI 
54937
  Description of Request: The appropriation of $570,000 will be 
provided to begin the construction of an overpass across the Wisconsin 
Central Railyards located in the Village of North Fond du Lac, 
Wisconsin. The rail/classification yard is the largest of its kind in 
the State of Wisconsin and connects the rail operations of the Canadian 
National Railroad in Canada to the Gulf of Mexico. The overpass would 
not only allow for the safe and efficient passage of rail traffic 
through the community, but would allow for the delivery of essential

[[Page 5473]]

services to the residents of the community. The overpass would consist 
of a 532' bridge span across the yard and access ramps to the 
connecting roads on both sides of the bridge structure. The proposed 
bridge structure would be supported by columns placed between the six 
sets of tracks that now cross Lakeshore Drive. The two sets of warning 
gates could be eliminated as all access to the crossings would be 
removed. The potential for a train/vehicle collision would be totally 
eliminated. The cost of the project will be split 80% Federal, 10% 
Village of North Fond du Lac, and 10% Wisconsin Central. This project 
has been requested along with Senator Herb Kohl (WI).
  Account: Division I--Transportation, Housing and Urban Development, 
and Related Agencies--Economic Development Initiatives
  Legal Name of Requesting Entity: Military Veterans Museum Foundation, 
Inc.
  Address of Requesting Entity: 501 City Center, Oshkosh, WI 54901
  Description of Request: The $142,500 appropriation will go toward 
constructing a 45,000 square foot state of the art educational facility 
onto the existing ``Fields of Honor'' Military Veterans Museum in 
Oshksoh, Wisconsin. It would be located on a 10 acre tract a half mile 
south of the Experimental Aircraft Association grounds (Wittman 
Regional Airport) overlooking Highway 41. It will contain displays of 
artifacts and memorabilia ranging from the Revolutionary War to the 
present; a multi-faceted Educational Center including a library, art 
gallery, 80 seat theater, an audio/visual center; administrative 
offices; and banquet rooms. It will also provide a unique gathering 
place for veterans and school groups, and become a showcase attraction 
for the area economy. A 5% match is required by the Military Veterans 
Museum Foundation, Inc. in order to receive the allocated money.
  Account: Division I--Transportation, Housing and Urban Development, 
and Related Agencies--FTA/Buses and Bus Facilities
  Legal Name of Requesting Entity: Wisconsin Department of 
Transportation
  Address of Requesting Entity: 4802 Sheboygan Ave., Madison, WI 53702
  Description of Request: The $269,800 appropriation will be used for 
renovation of the Oshkosh, Wisconsin, Transit System's administrative/
maintenance facility, shop equipment, maintenance vehicles, 
rehabilitation of its bus terminal, and yard equipment and maintenance.

                          ____________________




                  IN RECOGNITION OF RISON HIGH SCHOOL

                                 ______
                                 

                             HON. MIKE ROSS

                              of arkansas

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. ROSS. Madam Speaker, I rise today to recognize Rison High School 
in Rison, Arkansas, for having been selected as one of the top high 
schools in America by U.S. News and World Report.
  U.S. News and World Report honored Rison High School with its Silver 
Medal, one of only four schools in Arkansas to receive such 
recognition. In order to qualify for this honor, a high school must 
have a challenging college-ready curriculum, performed well on 
standardized tests, and provide support and programs that best serve 
students from all backgrounds, according to the report.
  I am personally proud of Rison High School for working to achieve 
excellence in the classroom and helping to ensure their students have 
the means they need to succeed in this 21st century global marketplace. 
A stellar education requires not only good educators and 
administrators, but also support from the surrounding community. The 
Rison community, with its top-notch educators, active parents and 
involved local leadership, deserve much-needed praise for their unified 
efforts in providing Rison High School students with a world-class 
education, and I am pleased that U.S. News and World Report took 
notice.
  Once again, I would like to congratulate Rison High School on this 
significant accomplishment and hope they will continue to strive for 
excellence in the years to come.

                          ____________________




                           COACH LARRY HOLLEY

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. GRAVES. Madam Speaker, it is with great pride and pleasure that I 
rise today to recognize the outstanding leadership of Coach Larry 
Holley on the occasion of his induction into the Missouri Sports Hall 
of Fame on February 7, 2009.
  Larry Holley has been the head men's basketball coach at William 
Jewell College since the 1979-80 school year. He is truly among 
America's elite coaches, having won more than 750 games during his 
career and having received 14 Coach of the Year Awards. Coach Holley is 
ranked #3 among all NAIA coaches and #8 among active four-year college 
coaches. We are truly lucky to have him as a coach in Northwest 
Missouri.
  True to his dedication, Coach Holley is a 1967 William Jewell 
graduate. He lettered in three different sports, was President of his 
fraternity, Lambda Chi Alpha, and was always a leader in his academics, 
school activities and his entire community in general.
  Madam Speaker, I ask my colleagues to join with me in commending 
Coach Larry Holley for his dedicated service to William Jewell College 
in Liberty, Missouri. Larry's commitment to his team, the school and 
our community provide a strong example of the kind of leader we should 
all work to be. I know Larry's colleagues, family and friends join with 
me in thanking him for his commitment to others and wishing him 
congratulations on his induction to the Missouri Sports Hall of Fame 
and best wishes on many more years of happiness and success.

                          ____________________




               THE PRESIDENT'S STATE OF THE UNION ADDRESS

                                 ______
                                 

                         HON. MARSHA BLACKBURN

                              of tennessee

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mrs. BLACKBURN. Madam Speaker, tonight the President plans to address 
the American people in his first State of the Union. I can only hope 
that the President won't say what we're expecting: that the key to 
solvency is to lose a war and raise taxes. Congress just passed the 
Democrat's trillion dollar plus stimulus plan, with hundreds of 
billions of dollars in spending for special interest groups. Later this 
week we will consider the 2009 Appropriations Omnibus, which will 
include an 8% increase over last year's spending.
  We will hear some good ideas that embrace the fiscally responsible 
bi-partisan change the president was elected on. I hope the Democrat 
leadership doesn't turn it into taxing and spending as usual. Madam 
Speaker, we all know that the way to a balanced budget is through 
across-the-board spending cuts. The way to stimulate an economy is 
through tax breaks, not increases. I urge the President to start there.

                          ____________________




                   SEATBELTS FOR INCREASED BUS SAFETY

                                 ______
                                 

                              HON. TED POE

                                of texas

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. POE of Texas. Madam Speaker, most of us are aware of the bus 
accidents that have been occurring around the country. Two years ago 
there was a fatal bus accident involving the Westbrook High School 
girls' soccer team in Beaumont, Texas. Just this year, there was an 
accident in Sherman, Texas, which involved several Vietnamese community 
members. Similar incidents occurred in Liberty, Missouri, Arlington, 
Virginia, New York City, and New Orleans, to name a few.
  These tragic bus accidents demonstrate that school bus safety reform 
is an urgent issue. While school buses are among the safest mode of 
transportation, these re-occurring accidents are unacceptable. School 
buses need to be safer.
  The widespread bus crashes have sparked a comeback in the idea of 
seatbelts in buses. Seatbelts raise the issue of whether they would 
increase bus safety.
  According to the Texas Department of Transportation, Texas safety 
belt use has topped 90%, this being the third year in a row. The 
majority of people in Texas are wearing their seatbelts in cars and 
trucks. But few to no passengers are wearing their seatbelts in school 
buses! Currently, there is no federal mandate on seatbelts in buses.
  Every state, except New Hampshire, requires by law that car and truck 
drivers and passengers wear seatbelts. This is because seatbelts work--
they increase a passenger's chance of survival in a crash. In short, 
seatbelts save lives.

[[Page 5474]]

  If laws require passengers of cars and trucks to wear seatbelts, why 
are there no requirements for buses to even include seatbelts? In many 
states there are variations of ``Click it or Ticket'' policies that 
threaten motorists who don't wear seatbelts, yet no such laws apply to 
the buses that carry our children and community members on a daily 
basis.
  Certainly, buses are made very different from cars and trucks. For 
one, buses can carry many more passengers than any car. Some of these 
differences might lead one to believe that there should not be a 
mandate on seatbelts in buses. These differences have not stopped bus 
drivers from being required to wear seatbelts. So why not for school 
bus passengers as well?
  Some claim that seatbelts may not be properly worn by passengers or 
cause injury. If anything, it shows that seatbelts should be made 
better. However, to completely disregard seatbelts as a safety 
precaution is absurd.
  The answer appears to be that of common sense. While seatbelts are in 
no way a quick fix and there are many questions surrounding seatbelts 
in buses, they should be looked into as one of the very many necessary 
measures taken to ensure school bus safety.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. WOLF. Madam Speaker, pursuant to the Republican guidelines on 
earmarks, I submit the following statement for the record regarding 
H.R. 1105, the Fiscal Year 2009 Omnibus Appropriations Act.
  Requesting Member: The Hon. Frank R. Wolf.
  Bill Number: H.R. 1105.
  Provision: State and Local Law Enforcement Assistance, Byrne Justice 
Assistance Grant.
  Legal Name of Requesting Entity: Northern Virginia Regional Gang Task 
Force.
  Address of Requesting Entity: One Park Center Court, Manassas Park, 
VA 20111.
  Description of Request: In response to increasing gang activity in 
northern Virginia, a multi jurisdictional law enforcement task force 
was established in 2003 to more effectively respond to gang activity. 
As a result of the task force's efforts, criminal gang activity has 
declined by more than 50 percent. In order to sustain and maintain 
these impressive results, the task force requested $2.5 million in 
funding, which is included in H.R. 1105.
  Bill Number: H.R. 1105.
  Provision: State and Local Law Enforcement Assistance, Byrne Justice 
Assistance Grant.
  Legal Name of Requesting Entity: Northwest Virginia Regional Gang 
Task Force.
  Address of Requesting Entity: P.O. Box 49, Berryville, VA 22611.
  Description of Request: In response to increasing gang activity in 
the Shenandoah Valley, this task force was established to coordinate 
and share information with their counterparts at the Northern Virginia 
Regional Gang Task Force. According to the Federal Bureau of 
Investigation, the entire northern Virginia region is a hotbed of gang 
activity. In order to better fight gang activity in this area, the task 
force requested $750,000 in funding, which is included in H.R. 1105.
  Bill Number: H.R. 1105.
  Provision: Capital Investment Grants.
  Legal Name of Requesting Entity: Dulles Corridor Metrorail Project.
  Address of Requesting Entity: 1 Aviation Circle, Washington, D.C. 
20001.
  Description of Request: H.R. 1105 provides $29.1 million to be used 
for extending the Metrorail system through Tysons Corner to Washington 
Dulles International Airport. Northern Virginia continues to be one of 
the country's fastest growing areas, but with that has come the 
distinction of being the second worse traffic congested region in 
America. Congressional funding to bring a much needed mass transit 
system linking the West Falls Church Metro station to Washington Dulles 
International Airport was first approved in FY 1999.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. JOHN A. YARMUTH

                              of kentucky

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. YARMUTH. Mr. Speaker, I was unable to cast the recorded votes for 
rollcall Nos. 72, 73, and 74. Had I been present, I would have voted 
``yea'' on H.R. 601: Motion to Suspend the Rules and Pass; H.R. 44: 
Motion to Suspend the Rules and Pass; and H.R. 911: Motion to Suspend 
the Rules and Pass.

                          ____________________




      RECOGNIZING ALCALDESSA ELIZABETH KEMP OF SONOMA, CALIFORNIA

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. THOMPSON of California. Madam Speaker, I rise today, along with 
my colleague, Lynn Woolsey, to recognize Elizabeth Kemp, who has been 
named the City of Sonoma's 2009 Alcaldessa, or Honorary Mayor.
  The title, ``Alcalde'' or ``Alcaldessa'' when referring to a woman, 
is the Spanish word for ``Mayor.'' During the Spanish colonial period 
in California, the Alcalde was the primary civil authority. In modern 
times in the City of Sonoma, it is an honorary title and the 
contemporary Alcalde or Alcaldessa presides over ceremonial events for 
the city.
  Alcaldes and Alcaldessas are nominated by the community and are 
representative of individuals with a long record of volunteer work. Ms. 
Kemp is no exception to this rule.
  Ms. Kemp attributes her community activism to her early years in 
London during WW II. That experience led her to be aware of the needs 
of others and to an understanding that anyone's circumstances can 
change in a matter of minutes. She emigrated from England when she was 
21 and has lived in Sonoma since 1969.
  In 2000, Ms. Kemp recognized that many migrant workers had no place 
to live and were sleeping under bridges. She helped to organize one 
temporary camp, then joined with Vineyard Workers Services to create 
two more camps that are open during harvest. She currently serves as 
President of the Board of Directors of Vineyard Workers Services.
  Ms. Kemp initiated the Brown Bagger program in 2004. The program 
prepares and distributes more than 180 nutritious lunches each week to 
the homeless and others who are unable to purchase food. This past 
summer, Ms. Kemp organized a group of volunteers to provide bag lunches 
to students who normally receive free lunches at school when school is 
in session and to their younger siblings. As a member of the Board of 
Directors of Sonoma Overnight Support, Ms. Kemp has also been involved 
in the development of the first permanent homeless shelter in Sonoma.
  And, lest we think her interests are only parochial, Ms. Kemp is an 
active member of Friends of Turkana, a local group that raises funds 
for two medical missions in East Africa.
  Madam Speaker, Elizabeth Kemp is a beloved and vitally important 
member of the community and it is appropriate that we acknowledge her 
today as Sonoma's Alcaldessa for 2009.

                          ____________________




             THROUGH UNITY, STRENGTH--TRAGEDY AT TEXAS A&M

                                 ______
                                 

                              HON. TED POE

                                of texas

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. POE of Texas. Madam Speaker, the Texas A&M Aggies are known to 
boast many mottos, but a saying less famous than ``Gig 'em'' or 
``Hullabaloo'' is one they lean on during times of hardship: ``Through 
Unity, Strength.'' Last month, the student body was struck with another 
tragedy and two of Texas' warriors were taken from their families, 
friends and fellow students. The student body has banded together to 
get through this tragedy and in that unity they, once again, are 
finding their strength. I would like to take this opportunity to honor 
the two men who dedicated their lives to serving this country and whose 
time was cut short by a tragic accident.
  On January 12th, during routine helicopter training on Texas A&M's 
campus, two soldiers were killed in the accidental crash. Lieutenant 
Zachary Cook was a recent A&M graduate and had just been commissioned 
as a United States Army officer. His temporary assignment was with 
Texas A&M's ROTC program which was holding the training demonstration 
for some ROTC cadets. Zachary, 22, was a former member of the Corps of 
Cadets Company D-1 and had just received his degree in December. There 
has already been an outpouring of support for this young man from A&M's 
student body and there will assuredly be hundreds of voices answering 
``Here'' during roll call at the university's memorial service known as 
``Muster'' in April.
  Sergeant Charles Mitts, 42, of Spring, TX also died in the helicopter 
crash. Sergeant Mitts had served his country dutifully his entire

[[Page 5475]]

adult life. After graduating from high school in Killeen, TX Charles 
served in both the Gulf War and Operation Iraqi Freedom. During his 
deployment to Iraq he served in General Petraeus' personal helicopter 
unit and he was currently enlisted in the Texas Army National Guard. 
Sergeant Mitts devoted his life to serving this country and is one of 
the many warriors that Texas is proud to call its own.
  Madam Speaker, we honor these soldiers and their oath to serve us and 
protect all that we hold dear. Across the entire state Texans are 
honoring Sergeant Mitts, Lt. Cook and their families. As P.H. Duval Jr. 
put it so eloquently in his famous poem ``The Last Corps Trip''--

     It was Judgment Day in Aggieland
     And tenseness filled the air;
     All knew there was a trip at hand,
     But not a soul knew where . . .

     . . . And the band poured forth the anthem,
     In notes both bright and clear
     And ten thousand Aggie voices
     Sang the song they hold so dear.

     And when the band had finished,
     St. Peter wiped his eyes
     And said, ``It's not so hard to see
     They're meant for Paradise.''

     And the colonel of the Cadet Corps said
     As he stiffly took his stand,
     ``It's just another Corps Trip, boys,
     We'll march in behind the band.

  And that's just the way it is.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. LAMAR SMITH

                                of texas

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. SMITH of Texas. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information for publication in the Congressional Record regarding 
earmarks I received as part of the FY 2009 Omnibus.
  Requesting Member: Congressman Lamar Smith.
  Bill Number: FY 2009 Omnibus.
  Account: Small Business Administration, Salaries and Expenses 
Account.
  Legal Name of Requesting Entity: Alamo Community Colleges.
  Address of Requesting Entity: 201 W. Sheridan, San Antonio, TX 78204-
1429.
  Description of Request: I have secured $100,000 for the Alamo Region 
Energy Futures Park Center of Excellence with Alamo Community Colleges. 
The funding will help establish the Futures Park which will house 
advanced energy credit and non-credit instructions for students, 
education, and business and industry. The center will combine education 
and training with practical hands-on applied research. It is my 
understanding that approximately 30% of instructional costs will be 
reimbursed by the Texas Higher Education Coordinating Board and that 
scholarships will be made available through the ACCD Foundation and 
Alamo Workforce Board. The ACCD Foundation will also be raising funds 
to share in the costs of this program. I certify that neither I nor my 
spouse has any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: Airport Improvement Projects.
  Legal Name of Requesting Entity: City of San Antonio.
  Address of Requesting Entity: P.O. Box 839966, San Antonio, Texas 
78283.
  Description of Request: I have secured $1,187,500 for the City of San 
Antonio's Department of Aviation. Funding would be used for Airport 
Improvements including: Install shoulder areas to adjoining movement 
area pavements; Airfield Pavement Improvements and Airfield Electrical 
System Upgrade. The San Antonio International Airport receives Airport 
Improvement Program funds allocated to major capital improvement 
projects such as the current runway and taxiway extension work under 
design. $650,000 in airport self-generated funds will be allocated for 
matching. I certify that neither I nor my spouse has any financial 
interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: DOJ; COPS Law Enforcement Technology Account.
  Legal Name of Requesting Entity: City of Austin.
  Address of Requesting Entity: 301 West 2nd Street, Austin, Texas 
78701.
  Description of Request: I have secured $350,000 for the Austin Police 
Department. The funding would be used to purchase surveillance cameras 
and deploy them in high crimes areas in Austin. The project will 
provide the Austin Police Department with the capability to monitor 
violent crime hotspots from a central location. The City of Austin will 
provide the required match. I certify that neither I nor my spouse has 
any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: STAG Water and Wastewater Infrastructure Project.
  Legal Name of Requesting Entity: City of Austin, TX.
  Address of Requesting Entity: 301 W. 2nd Street, 2nd Floor, Austin, 
Texas 78701.
  Description of Request: I have secured $300,000 for the Sanitary 
Sewer Overflow Prevention in Austin, TX. The funding would be used to 
construct a non-structural sanitary sewer overflow prevention project. 
It will prevent sanitary sewer overflows that threaten public health, 
property, surface waters and the ecologically fragile Edwards Aquifer. 
The project will help the City of Austin meet federal clean water 
mandates and it will help protect a regional aquifer that is vital to 
public and environmental health. It is my understanding that the City 
of Austin will be matching 45% of the cost of the project through the 
city sewer rates. I certify that neither I nor my spouse has any 
financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: U.S. Department of Energy; Energy Efficiency and Renewable 
Energy account.
  Legal Name of Requesting Entity: Bexar County, Texas.
  Address of Requesting Entity: 100 Dolorosa, San Antonio, Texas 78205.
  Description of Request: I have secured $475,750 for Bexar County. 
Funding would be used for materials and labor for the installation of 
photovoltaic panels at the new Bexar County Parking Garage for the 
purpose of re-charging plug-in hybrid vehicles. The project will 
promote the use of renewable energy while minimizing the impact of 
vehicle emissions. It is my understanding that Bexar County will be 
contributing $326,000 towards this project. I certify that neither I 
nor my spouse has any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: U.S. Army Corps of Engineers; Operations & Maintenance Civil 
Works Projects.
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers.
  Address of Requesting Entity: P.O. Box 17300, Fort Worth, TX 76102.
  Description of Request: I have secured $3,422,000 for the U.S. Army 
Corps of Engineers at Canyon Lake, Texas. Funding for this project 
would be used for operations and maintenance in Canyon Lake, Texas and 
to repair conduit liner, service and emergency flood gates. I certify 
that neither I nor my spouse has any financial interest in this 
project.
  Bill Number: FY 2009 Omnibus.
  Account: National Park Service--Historic Preservation Fund--Save 
America's Treasures.
  Legal Name of Requesting Entity: City of New Braunfels.
  Address of Requesting Entity: 150 North Seguin, New Braunfels, Texas 
78130.
  Description of Request: I have secured $150,000 for the Comal County 
Courthouse Restoration. Funding for this project will preserve and 
rehabilitate the historic Comal County Courthouse. The restorative work 
includes improving fire safety and accessibility to persons with 
disabilities by replacing outdated and hazardous building systems and 
restoring and reconstructing architectural elements that have been 
removed or concealed in past remodeling efforts. This project has wide 
community support and it is my understanding that the County has 
already provided $750,000 in funding for preliminary planning and 
specifications. The County and the City will continue their 
collaborative efforts to identify and secure funding sources to ensure 
the preservation and restoration of this structure. The work will lead 
to improved accessibility and enhancement of the facility. I certify 
that neither I nor my spouse has any financial interest in this 
project.
  Bill Number: FY 2009 Omnibus.
  Account: U.S. Army Corps of Engineers; Investigations Civil Works 
Studies.
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers.
  Address of Requesting Entity: P.O. Box 17300, Fort Worth, Texas 
76102.
  Description of Request: I have secured $382,000 for the U.S. Army 
Corps of Engineers for funding regarding the Guadalupe and San Antonio 
River Basins. Funding would be used to complete the draft interim 
feasibility report for the Cibolo Creek IFS, complete the plan 
formulation phase of the Leon Creek IFS, and initiate the plan 
formulation phase of the Alamo Heights IFS. The partners in the 
projects have committed to match the federal funding at the required 
levels. I certify that neither I nor my spouse has any financial 
interest in this project.
  Bill Number: FY 2009 Omnibus.

[[Page 5476]]

  Account: U.S. Army Corps of Engineers; Investigations Civil Works 
Studies.
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers.
  Address of Requesting Entity: P.O. Box 17300, Fort Worth, Texas 
76102.
  Description of Request: I have secured $406,000 for the U.S. Army 
Corps of Engineers for funding regarding the Lower Colorado River 
Basin. Funding would be used to complete the Williamson Creek study and 
continue the other Interim Feasibility Studies within the basin. It is 
my understanding that this project is a 50/50 match with the Lower 
Colorado River Authority. I certify that neither I nor my spouse has 
any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: Housing and Urban Development Department Economic 
Development Initiative Program.
  Legal Name of Requesting Entity: City of New Braunfels.
  Address of Requesting Entity: 424 South Castell Avenue, New 
Braunfels, TX 78130.
  Description of Request: I have secured $142,500 for the City of New 
Braunfels Downtown Infrastructure Improvements. The City of New 
Braunfels is a Texas Main Street city and has a comprehensive Downtown 
Master Plan for its Central Business District. A key component is the 
relocation of overhead utilities to underground locations, which will 
facilitate other portions of the redevelopment project, including 
streetscaping and drainage. The City has already contributed $111,000 
to the project and has received a $14,000 Certified Local Government 
Grant from the Texas Historical Commission for the preliminary 
planning. I certify that neither I nor my spouse has any financial 
interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: U.S. Army Corps of Engineers; Investigations.
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers.
  Address of Requesting Entity: P.O. Box 17300, Fort Worth, Texas 
76102.
  Description of Request: I have secured $1,264,000 for the U.S. Army 
Corps of Engineers for funding regarding the Lower Colorado River 
Basin. Funding for this project would be used to initiate buyouts of 
the Timber Creek area and Onion Creek Forest/Yarrabee Bend areas, and 
complete the DDR and P&S for Wharton, TX. It is my understanding that 
as a result of a local bond referendum in 2006, the City of Austin has 
a 35% match for the project in hand. I certify that neither I nor my 
spouse has any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: Buses and Bus Facilities.
  Legal Name of Requesting Entity: Capital Metropolitan Transportation 
Authority.
  Address of Requesting Entity: 2910 East 5th Street, Austin, TX 78702.
  Description of Request: I have secured $2,612,500 for the Capitol 
Metro's Paratransit Services Vehicles. Pursuant to, and in accordance 
with, the Americans with Disabilities Act, Capital Metro provides door-
to-door van and sedan paratransit service throughout Central Texas for 
persons with disabilities and senior citizens. Capital Metro will be 
replacing many of the vans and sedans that serve this program, as they 
are retired during the coming fiscal year. Central Texas' disabled 
population relies heavily on Capital Metro's paratransit services to 
provide transportation to jobs, classes and medical appointments. As 
many disabled veterans are returning to Central Texas following their 
tours of duty, our paratransit services will be required to accommodate 
their needs and requirements. The replacement of retired vehicles, and 
the expansion of the paratransit fleet, will allow Capital Metro to 
continue this important program. Local sales tax will provide matching 
funds. I certify that neither I nor my spouse has any financial 
interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services.
  Legal Name of Requesting Entity: Community Health Development, Inc.
  Address of Requesting Entity: 201 South Evans, Uvalde, TX 78801.
  Description of Request: I have secured $143,000 for the Community 
Health Center Infrastructure Capacity Project for Real County. The 
funding would be used for new equipment/furnishings to strengthen 
capacity to continue serving Real County residents with quality health 
care. Successful completion of the project will enable CHDI to maintain 
a high level of quality care, improved staff efficiencies and, increase 
the number of patients served. There are no other funding sources for 
this project. I certify that neither I nor my spouse has any financial 
interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: DOJ; OJP Juvenile Justice Account.
  Legal Name of Requesting Entity: San Antonio Fighting Back.
  Address of Requesting Entity: 2803 E. Commerce St, San Antonio, TX 
78203.
  Description of Request: I have secured $450,000 for San Antonio 
Fighting Back. The funding would be used for equipment and services to 
combat juvenile delinquency and victimization of children and improve 
the juvenile justice mission in San Antonio. Activities to be funded 
will be capacity building training and strategies and technical 
assistance that will assist faith-based and community-based 
organizations in organizational development, fund development, program 
development, financial management, communications and public relations, 
grant writing skills, personnel and human resources training, program 
evaluation, and community networking. I certify that neither I nor my 
spouse has any financial interest in this project.
  Bill Number: FY 2009.
  Account: U.S. Army Corps of Engineers; Construction Civil Works 
Projects.
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers.
  Address of Requesting Entity: P.O. Box 17300, Fort Worth, Texas 
76102.
  Description of Request: I have secured $10,000,000 for the San 
Antonio Channel Improvement Project. Funding would be used to award and 
initiate a fully funded construction contract for Phase IIa; complete 
the design of Phase III; initiate 95% design of Phase IV of Mission 
Reach; and continue the Woodlawn Study. It is my understanding that 
several entities in the community are prepared to provide $49.7 million 
of local funding. I certify that neither I nor my spouse has any 
financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: STAG Water and Wastewater Infrastructure Project.
  Legal Name of Requesting Entity: San Antonio Water System.
  Address of Requesting Entity: 2800 U.S. Hwy 281 North, San Antonio, 
TX 78212.
  Description of Request: I have secured $500,000 for the San Antonio 
Water System and Wastewater Infrastructure Improvements. The funding 
would be used to construct the renewal of the wastewater collection 
system in various areas of San Antonio, TX. The water and wastewater 
infrastructure of San Antonio is in continuous need of improvement. The 
significance of this project is to maintain safe, sanitary water and 
sewer systems that will not only promote and protect public health but 
also contribute to SAWS' robust recycled water system, which in turn 
leads to reductions in freshwater pumping. SAWS will provide local 
matching funds in the amount of 45%. I certify that neither I nor my 
spouse has any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: DOJ; OJP Juvenile Justice Account.
  Legal Name of Requesting Entity: City of New Braunfels.
  Address of Requesting Entity: 424 South Castell, New Braunfels, TX 
78130.
  Description of Request: I have secured $50,000 for the City of New 
Braunfels. The funding would be used for equipment and services to 
establish a Teen Court in New Braunfels. The program provides first-
time juvenile misdemeanor offenders an alternative to the criminal 
justice system while ensuring they assume responsibility for their 
action. It provides a cost effective and successful means of handling 
minor juvenile offenders. The City of New Braunfels is prepared to 
provide a 20% share in the cost of the program. It is my understanding 
that by the second year of the program the Teen Court will be 
maintained fully by City funds and program fees. I certify that neither 
I nor my spouse has any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: Higher Education (includes FIPSE).
  Legal Name of Requesting Entity: Trinity University.
  Address of Requesting Entity: One Trinity Place, #48, San Antonio, TX 
78212.
  Description of Request: I have secured $285,000 for Trinity 
University. The funding would be used for creating an Educators' 
Technology Teaching Laboratory. This facility will incorporate advanced 
networking, utilizing laptop PCs and easily reconfigurable furnishings 
enabling rapid reconfiguration targeting teachers in kindergarten 
through 12th grade public schools in the South Texas Region. The 
project is intended to demonstrate the effectiveness of this approach 
and to be a model of how to prepare teachers to work with technology in 
the classroom. The remaining funds for the project will be supplemented 
by Trinity University Resources. I certify that neither I nor my spouse 
has any financial interest in this project.

[[Page 5477]]

  Bill Number: FY 2009 Omnibus.
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services.
  Legal Name of Requesting Entity: University of the Incarnate Word.
  Address of Requesting Entity: 4301 Broadway, San Antonio, TX 78209.
  Description of Request: I have secured $285,000 for the East Side 
Community Clinic. The funding would be used to build and establish a 
new health care facility that will provide vital medical services, such 
as pharmaceutical, nursing, and nutrition counseling, currently 
unavailable or inaccessible to many in the area. The East Side 
Community Clinic will be supported by the University of the Incarnate 
Word and the CHRISTUS Santa Rosa Hospital. It is my understanding that 
besides the requested appropriations amount, the San Antonio community, 
local and state foundations, and corporations will be cultivated for 
gifts and grants to fund this clinic. I certify that neither I nor my 
spouse has any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: ARS Building and Facilities.
  Legal Name of Requesting Entity: Kerr Economic Development 
Foundation.
  Address of Requesting Entity: 1700 Sidney Baker, Suite 100, 
Kerrville, Texas 78028.
  Description of Request: I have secured $1,957,000 for the Knipling-
Bushland Laboratory in Kerr County, TX. The funding will be used to 
complete design and engineering for a modern laboratory for critical 
research to create technology and information to support the needs of 
APHIS/VS Fever Tick Eradication Program, the U.S. cattle industry, 
public health to discover new methods to control ticks biting flies of 
veterinary importance and ticks of medical importance. The City of 
Kerrville's Economic Improvement Corporation has agreed to fund 
carrying costs up to $525,000 for the land purchased by the Kerr 
Economic Development Foundation for $1.2 million which will be used as 
a location for the facility. I certify that neither I nor my spouse has 
any financial interest in this project.
  Bill Number: FY 2009 Omnibus.
  Account: U.S. Department of Transportation/FHWA/Federal-Aid Highways, 
Federal Lands.
  Legal Name of Requesting Entity: Military Transformation Task Force 
(MTTF) of San Antonio.
  Address of Requesting Entity: 100 South Flores Street, San Antonio, 
TX 78283.
  Description of Request: I have secured $950,000 for the City of San 
Antonio's Fort Sam Houston Access: Rittiman/Harry Wurzbach Corridor 
Improvements. To prepare for BRAC expansion, the San Antonio-Bexar 
County Metropolitan Planning Organization (MPO) coordinated a study to 
identify improvement alternatives to transportation systems immediately 
surrounding Fort Sam Houston. Funding will be used to extend, widen, 
and restripe Harry Wurzbach Road and Rittiman Road. State/local funds 
will be used as necessary to complete the system of improvements 
identified in the MPO Traffic Study. Recently, the City of San Antonio 
passed a $550 million bond program, and there are funds dedicated to 
many of the transportation projects around Ft. Sam Houston. I certify 
that neither I nor my spouse has any financial interest in this 
project.

                          ____________________




            STATEMENT IN MEMORIAL OF OFFICER JOHN PAWLOWSKI

                                 ______
                                 

                        HON. ALLYSON Y. SCHWARTZ

                            of pennsylvania

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. SCHWARTZ. Madam Speaker, on February 13, 2009, Officer John 
Pawlowski, a five-year veteran of the Philadelphia Police Department, 
was shot and killed while responding to a report of a disturbance.
  Officer Pawlowski, who was only 25, left behind a wife, Kim, with 
whom he was eagerly anticipating the birth of their first child in just 
a few months. He worked in the 35th Police District, and was known by 
his friends and colleagues as ``a good cop.''
  Philadelphia Mayor Michael Nutter said Pawlowski was a ``hero'' and 
that his loss was ``felt by all Philadelphians.''
  The Philadelphia Inquirer said Pawlowski ``served this city with 
merit.''
  Philadelphia Police Commissioner Charles Ramsey said Pawlowski's 
death was ``absolutely devastating to all of us.''
  Officer Pawlowski came from a police family. His brother, Robert, is 
a Corporal who works in the police radio room and his father is a 
retired lieutenant with the Special Victims Unit. He was a family man 
who considered the Police Department part of his family.
  Now Officer Pawlowski joins Officer Gary Skreski, Officer Chuck 
Cassidy, Sergeant Stephen Liczbinski, Officer Isabel Nazario, Sergeant 
Patrick McDonald, and Sergeant Tim Simpson as Philadelphia Police that 
have been killed in the line of duty since 2006.
  The sacrifices that all of these brave individuals have made to keep 
Philadelphia safe from criminals cannot be repaid. These guardians must 
be remembered and honored. They are examples for all Philadelphians and 
all Americans about the virtues of honor, integrity, and service.
  I ask that the House of Representatives extend its condolences to Kim 
Pawlowski, her family, and the Philadelphia Police Department for 
another devastating loss.
  We will never forget you, Officer John Pawlowski. Rest in peace.

                          ____________________




    HONORING THE CHELSEA LUMBER COMPANY FOR THE 2008 LARGE BUSINESS 
                            LEADERSHIP AWARD

                                 ______
                                 

                          HON. MARK H. SCHAUER

                              of michigan

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. SCHAUER. Madam Speaker, I am proud to honor today the Chelsea 
Lumber Company as they receive the 2008 Large Business Leadership Award 
by the Chelsea Area Chamber of Commerce. Chelsea Lumber Company is one 
of Chelsea's oldest businesses having celebrated their 100th 
anniversary in May of 2008. A recent acquisition assisted with 
positioning Chelsea Lumber Company as southeast Michigan's largest home 
center with the largest inventory of any lumberyard in the region. On a 
local level, Chelsea Lumber Company contributes immensely to the 
economic impact of the City of Chelsea. Chelsea Lumber Company has been 
a long-time member of the Chelsea Area Chamber of Commerce and their 
community involvement includes providing employment for many area youth 
and donating their materials to many local groups for projects and 
events. Many of their staff contributes their time serving on numerous 
community committees and donating their time at many Chelsea area 
sporting events. The owners have all remained or come back to Chelsea 
after college to raise their families, proving their belief in this 
community's values. It is with deep appreciation for their many 
contributions that I congratulate and commend the Chelsea Lumber 
Company for their faithful commitment to service and quality and wish 
them the best in all their future endeavors.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. MARK E. SOUDER

                               of indiana

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. SOUDER. 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. 1105, the Omnibus Appropriations 
Act, 2009.
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009.
  Project Name: The Renaissance Pointe YMCA.
  Entity: YMCA of Greater Fort Wayne.
  Address: 347 W. Berry, Suite 500, Fort Wayne, IN 46802.
  Amount: $142,000.
  Justification for use of Federal taxpayer dollars: This project would 
provide a landmark facility in a depressed area to help children and 
families through education, arts, and recreation programs. Similar 
revitalization efforts have been successful in the state of Indiana, 
and this project can be used as a model for revitalization in depressed 
areas across the United States. Federal appropriations are needed for 
the following reasons: (1) the high cost of preparing a Brownfield site 
for construction, which would not be applicable under normal 
circumstances; (2) those in the community directly served by this YMCA 
are prevented from making large contributions to this project due to 
socioeconomic circumstances.
  Finance Plan: All of the funds would be used for construction on the 
Brownfield site.
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009.
  Project Name: Fort Wayne International Runway 5-23 Shoulder 
Reconstruction Project.
  Entity: Fort Wayne Allen County Airport Authority.
  Address: Lt. Paul Baer Terminal, Suite 209 Fort Wayne, IN 46809-3194.
  Amount: $817,000.

[[Page 5478]]

  Justification for use of federal taxpayer dollars: As a result of the 
Annual Airport Certification/Safety Inspection conducted on September 
5-6, 2006, the following comment/recommendation was provided by Birkely 
M. Rhodes, Airport Certification/Safety Inspector (AC/SI): ``The Runway 
5-23 shoulders have deteriorated well beyond maintenance levels. Plan 
and program a repaving project.''
  This proposed reconstruction project would allow the airport to be in 
compliance with the above AC/SI recommendation. This project will 
provide for the reconstruction of approximately 5,150 lineal feet of 
existing shoulders, adjacent to Runway 5-23, with new 25' paved asphalt 
shoulders. The project scope will include the removal of the existing 
shoulders, grading/drainage improvements, new runway edge lights, and 
paving of the new shoulders.
  Finance Plan: Specific to this request, about $4M has been spent on 
this project over the last 3 years, in the first two phases. The local 
source of funding is Airport Revenues. The requested funding would be 
allocated to the Construction and Services During Construction 
(inspection) contracts, as well as reimbursement for Design contract to 
the Authority. All costs identified and incurred are AIP-eligible.
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009.
  Project Name: Career and Technical Education Program.
  Entity: Grace College and Seminary.
  Address: 200 Seminary Lane, Suite 333, Winona Lake, 46590.
  Amount: $95,000.
  Justification for use of Federal taxpayer dollars: Funds will provide 
a more non-traditional education opportunity for adult learners through 
special programs that can be accessed electronically as well as on site 
during evenings and weekends. This program will help better educate the 
workforce of northern Indiana, and provide access to educational 
opportunities to minorities and other underserved segments of the 
population. Northern Indiana is one of the hardest hit areas in the 
country during this economic downturn.
  Finance Plan:


                                 Budget

                                                                       
Equipment.......................................................$30,000
Course prep......................................................60,000
Administration..................................................250,000
Learning House fees..............................................70,000
Training.........................................................50,000
Faculty.........................................................150,000
Project sustainability..........................................500,000
Marketing.......................................................140,000

  Bill: H.R. 1105--Omnibus Appropriations Act, 2009.
  Project Name: Literacy and Graduation Rate Improvement for Goshen's 
English as a Second Language (ESL) Students.
  Entity: Goshen Community Schools.
  Address: 721 E. Purl St., Goshen, IN 46526.
  Amount: $285,000.
  Justification for use of Federal taxpayer dollars: These funds will 
allow Goshen Community schools to purchase and implement a technology 
system that will help our schools' ESL students overcome their language 
barriers to learning and improve their literacy skills so they can 
successfully graduate from school on time with their English speaking 
peers. Goshen Community Schools is a public school corporation in 
northern Indiana with a high percentage (currently 37 percent) of ESL 
students.
  Finance Plan:


        Program Description                               Budget Amount
Staff Development (SIOP) Training...............................$20,000
Substitutes for Teachers being Trained............................4,000
Staff Trainer integration of computer software...................78,000
Computer Hardware and ESL Software..............................165,000
Curriculum Resources..............................................4,000
Literacy Materials for middle and high school....................14,000
                                                             __________
                                                              285,000

  Bill: H.R. 1105--Omnibus Appropriations Act, 2009.
  Project Name: Middlebury Economic Development.
  Entity: Town of Middlebury/Redevelopment Commission.
  Address: 418 N. Main Street, P.O. Box 812, Middlebury, IN 46540.
  Amount: $95,000.
  Justification for use of Federal taxpayer dollars: This money will 
help Middlebury develop a comprehensive city plan for economic 
development that takes into account infrastructure needs, land use 
planning, downtown redevelopment while balancing the needs of the large 
Amish population with that of the larger community.
  Finance Plan: All of the funds will be used to construct a 
comprehensive city plan for economic development.
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009.
  Project Name: Energy Efficient Electronics Cooling Project.
  Entity: Parker Hannifin/Climate Systems Division.
  Address: 10801 Rose Avenue, New Haven, Indiana 46774.
  Amount: $951,000.
  Justification for use of Federal taxpayer dollars: The national 
significance of this project relates to the expressed goal of Congress 
and the White House to reduce energy consumption in this country to 
further enhance our national energy security. Due to the national 
interest in energy security, one of the focuses of the Department of 
Energy's Office of Energy Efficiency and Renewable Energy is the 
improvement of heating and cooling systems in buildings. The website 
quotes this important goal as follows: ``By conducting R&D in 
cooperation with industry partners, DOE seeks to accelerate the 
development and introduction of highly efficient heating, ventilating, 
refrigeration, and air-conditioning systems, and water-heating 
technologies.'' (http://www.eere.energy.gov/buildings/tech/hvac/)
  The Energy Efficient Electronics Cooling Project will further this 
important federal goal by involving industry partners in research and 
development to accelerate the development and introduction of highly 
efficient air-conditioning systems, especially for data centers. The 
project will also advance national security by reducing the 
vulnerability of Supervisory Control and Data Acquisition (SCADA) 
systems by reducing or eliminating the risk of mechanical failure of 
systems due to heat-induced data management failure. Because of these 
national benefits, the federal government rightly deserves a 
facilitating role in this technology's realization.
  Finance Plan: All of the funds will be used in research and 
development to accelerate the development and introduction of highly 
efficient air-conditioning systems, especially for data centers
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009.
  Project Name: Bass Modernization Initiative.
  Entity: University of St. Francis.
  Address: 2701 Spring Street, Fort Wayne, IN 46808.
  Amount: $100,000.
  Justification for use of Federal taxpayer dollars: Listed on the 
National Register of Historic Places, the 1903 Bass Mansion, the former 
home of local industrialist John Bass, is an architectural wonder with 
winding staircases, original wall coverings and painted murals, hand-
carved fireplaces, and other amenities unique to the Victorian era. The 
University is seeking to restore the Bass Mansion to its rightful place 
as one of Fort Wayne's great community resources.
  Federal funds to support this project will enable the University to 
re-open the Bass Mansion to the community in a significant way, with 
historic collections on display and rooms available for community-based 
events.
  Finance Plan: A recent survey by an architectural and engineering 
firm has identified a three-phase renovation and restoration plan at an 
estimated cost of $6,000,000. Specific priorities include: general roof 
stabilization as well as replacement of flat roofs; foundation repair, 
a drainage system and sealing; mechanical/electrical replacement and 
updating; elevator installation; selected interior wall surface 
treatment; floor and stair repair; mortar joint pointing and repair, 
and door and window repair. St. Francis University has a fundraising 
effort underway, with more than $2,500,000 already raised.
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009.
  Project Name: Health Sciences Laboratory Construction and Equipment 
Initiative.
  Entity: University of Saint Francis.
  Address: 2701 Spring Street, Fort Wayne, IN 46808.
  Amount: $190,000.
  Justification for use of Federal taxpayer dollars: The national 
shortage of nurses and other health care professionals is well 
documented. The University of Saint Francis has built a strong 
reputation as an educational leader in the health care industry. The 
university seeks to graduate high quality students with strong 
backgrounds in areas of great need to the medical profession, 
especially nursing. Through its undergraduate and graduate teaching, 
laboratory experiences and community outreach efforts, the University 
contributes significantly to the advancement of scientific learning and 
skilled health care professionals working in both the Fort Wayne region 
and nationwide.
  Federal resources to support this initiative will further enhance the 
value of education in the biological and health sciences and the 
quality of the professional healthcare workforce in the Fort Wayne 
Region. The University of Saint Francis plans to construct a

[[Page 5479]]

health sciences laboratory and purchase needed equipment in order to 
provide the next generation of health care professionals with the most 
modern and technologically up-to-date education possible.
  Finance Plan: Funds will be used for the construction of a health 
sciences laboratory and to purchase needed equipment.

                          ____________________




  COMMENDING BILL BALLAGH FOR HIS 2008 SMALL BUSINESS LEADERSHIP AWARD

                                 ______
                                 

                          HON. MARK H. SCHAUER

                              of michigan

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. SCHAUER. Madam Speaker, I am proud to honor today Bill Ballagh of 
State Farm Insurance as he receives the 2008 Small Business Leadership 
Award by the Chelsea Area Chamber of Commerce. On a local level, Bill 
is a strong supporter of many events in the Chelsea community. He is an 
active board member of the Chelsea Senior Center and has been a 
valuable source of ideas and advice for the board in both the financial 
aspect and the improved image for the Center and its programs. Many 
local agencies and fundraisers have appreciated Bill's support by 
allowing them to promote their projects in his windows and the side of 
his downtown office building.
  Bill goes above and beyond when it comes to serving his customers. As 
he writes and reviews policies for customers, he may direct them 
elsewhere if he feels they may be better served--without financial gain 
for himself and also points out ways that policies written by others 
can be improved upon to better meet their needs, again, without 
financial gain for himself. Bill has served Chelsea since 1996 in his 
business and consistently goes the extra mile making his clients feel 
they're more than just part of a business relationship.
  It is with deep appreciation for his many contributions that I 
congratulate and commend Bill Ballagh of State Farm Insurance for his 
faithful commitment to service and quality and wish him and his family 
the best in all their future endeavors.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                     HON. CHARLES W. BOUSTANY, JR.

                              of louisiana

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. BOUSTANY. Madam Speaker, pursuant to the House Republican 
standards on earmarks, I am submitting the following information for 
publication in the Congressional Record regarding earmarks I received 
as part of H.R. 1105, Omnibus Appropriations Act of 2009. These 
earmarks are contained in Division C--Energy and Water Development:


          Southwest Coastal Louisiana Hurricane Protection, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, General Investigations
  Purpose: Provide an earmark of $956,000 to advance the authorized 
Southwest Coastal Louisiana Hurricane Protection, LA project. The Corps 
is directed to expedite the study under the Water Resources Development 
Act of 2007. The funds will be used to continue the feasibility phase 
including the Chenier Plain Sustainability Initiative. Activities 
include plan formulation, hydrology and hydraulic analyses, economic 
inventory, environmental analyses, and stakeholder and public 
involvement.


                           Calcasieu Lock, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, General Investigations
  Purpose: Provide an earmark of $574,000 to advance the authorized 
feasibility study for the Calcasieu Lock, LA project. The study is 
needed to replace the lock. Funds will be used to address economic and 
environmental concerns. A rate review will be undertaken to determine 
the economic impacts of the without-project conditions, and will be 
accompanied by an analysis to identify impacts from flooding of 
agricultural areas. The Calcasieu Lock is a bottleneck on the Gulf 
Intracoastal Waterway system in Louisiana, causing delays in 
transportation and interstate commerce.


                Calcasieu River and Pass Navigation, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, General Investigations
  Purpose: Provide an earmark of $155,000 for the authorized Calcasieu 
River and Pass Navigation, LA project. The study is needed to 
investigate ways to improve navigation on the Calcasieu Ship Channel by 
adding passing lanes and anchorage areas. Currently only one-way 
traffic is allowed because of the narrow channel and hazardous cargo. 
The funds will be used to complete the feasibility study and initiate 
the PED phase. Additional beneficiaries include the Lake Charles Harbor 
and Terminal District and the users of the Calcasieu River Ship 
Channel.


                         Calcasieu River Basin

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, General Investigations
  Purpose: Provide an earmark of $75,000 to advance the authorized 
feasibility study and initiate the PED. The study is needed to 
investigate methods of providing flood control and environmental 
enhancement measures in the Calcasieu River Basin. Additional funds 
could be used to initiate the plans and specs for the first 
construction contract. Other beneficiaries include the residents of 
Calcasieu Parish.


                    LCA--Ecosystems Restoration, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, General Investigations
  Purpose: Provide an earmark of $8,604,000 to advance the studies for 
the authorized Louisiana Coastal Area (LCA) Ecosystems Restoration, LA 
project. The funding is needed to continue eleven feasibility studies 
and initiate six PED studies. Activities include completing and 
submitting to the Secretary a final report on the Beneficial Use of 
Dredged Material Program Feasibility Program, completing identification 
of initial BUDMat projects; beginning plans and specs on Barataria 
Basin Barrier Shoreline Restoration project; and continuing studies 
initiated in FY08. Additional beneficiaries include residents of 
Louisiana.


                      Calcasieu River and Pass, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, Operations and Maintenance
  Purpose: Provide an earmark of $13,894,000 for the authorized 
Calcasieu River and Pass, LA project. Funds are needed to keep 
international commerce moving without delays and light loadings. Funds 
will be used to operate and maintain the Calcasieu River Salt Water 
Barrier and the channel, dredge bar channel, dredge mile 5 to 17 and 
Devil's Elbow, foreshore dike construction for protection of disposal 
areas and to reduce shoaling, and maintenance of dredged material 
disposal facilities. Additional beneficiaries include the Lake Charles 
Harbor and Terminal District and the users of the Calcasieu River Ship 
Channel.


                          Freshwater Bayou, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, Operations and Maintenance
  Purpose: Provide an earmark of $1,716,000 for the authorized 
Freshwater Bayou, LA project. The lock is crucial to support offshore 
oil industry to provide the necessary fuel, supplies and food to 
offshore oil platforms in the Gulf of Mexico, and also to support 
commercial fishing. The funds will be used for operations and 
maintenance and to dredge two critical reaches to support the energy 
infrastructure along the Freshwater Bayou, LA.


                          Mermentau River, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, Operations and Maintenance
  Purpose: Provide an earmark of $1,828,000 for the authorized 
Mermentau River, LA project. Funding is required to dredge and continue 
ongoing repairs along the Mermentau River, including operations of 
Catfish Point and Schooner Bayou Control Structures, maintenance of the 
control structures, including

[[Page 5480]]

water control data systems, real estate, and dredge Mermentau Bar 
Channel, and boathouse replacement at CPCS.


                   Bayou Teche & Vermilion River, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, Operations and Maintenance
  Purpose: Provide an earmark of $13,000 for the authorized Bayou Teche 
& Vermilion River, LA project. The funding will be used for ongoing 
repairs, debris removal, and operations and maintenance for the Bayou 
Teche & Vermilion River.


                            Bayou Teche, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, Operations and Maintenance
  Purpose: Provide an earmark of $194,000 for the authorized Bayou 
Teche, LA project. Funding will be used for dredging and ongoing 
operations and maintenance for the Bayou Teche. Activities include 
surveys of the channel, environmental studies, real estate management, 
and operate and maintain Keystone Lock.


             Calcasieu River, Mile 5.0-14.0, Cameron Parish

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, CAP 204
  Purpose: To provide an earmark prioritizing the Calcasieu River, Mile 
5.0-14.0, Cameron Parish project within the Corps CAP 204 program. 
Funds will be used to complete the design and implementation phase for 
the beneficial use of dredged materials project along the Calcasieu 
River. The project provides for the placement of shoal material from 
the Calcasieu River, Mile 5 to Mile 14, into the Cameron Creole Prairie 
National Wildlife Refuge. Additional beneficiaries include the Lake 
Charles Harbor and Terminal District and the users of the Calcasieu 
River Ship Channel.


                 Town of Carencro, Lafayette Parish, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, CAP 205
  Purpose: To provide an earmark prioritizing the Town of Carencro, 
Lafayette Parish, LA project within the Corps CAP 205 program. The 
funds will be used to continue the design and implementation phase for 
the small flood control project in the Town of Carencro. Additional 
beneficiaries include the residents of the Town of Carencro.


              Bayou Queue de Tortue, Vermilion Parish, LA

  Member requesting funds: Charles Boustany Jr., MD (LA-07)
  Entity receiving funds: US Army Corps of Engineers, New Orleans 
District, 7400 Leake Avenue, New Orleans, LA 70118
  Account: Army Corps of Engineers, CAP 205
  Purpose: To provide an earmark prioritizing the Bayou Queue de 
Tortue, Vermilion Parish, LA project within the Corps CAP 205 program. 
The funds will be used to complete the feasibility for a small flood 
control project in Bayou Queue de Tortue. Additional beneficiaries 
include the residents of the Town of Gueydan.

                          ____________________




HONORING HALL-OF-FAME UNIVERSITY OF ARIZONA MEN'S BASKETBALL COACH LUTE 
                                 OLSON

                                 ______
                                 

                        HON. GABRIELLE GIFFORDS

                               of arizona

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. GIFFORDS. Madam Speaker, I am honored to recognize Robert Luther 
``Lute'' Olson, the former men's basketball head coach at the 
University of Arizona.
  In his long and illustrious collegiate career Lute Olson amassed a 
record of 780-280 in 34 seasons, including a 589-187 mark in his time 
at Arizona. He holds the all-time record for Pac-10 victories with 327. 
He is also one of only 17 coaches with over 1,000 victories, spanning a 
career as a high school, junior college, and college head coach.
  On March 29, 1983, Coach Olson became the head coach at Arizona after 
successful runs at Long Beach State and the University of Iowa, the 
latter of which he guided to the 1979 Big Ten title and the 1980 Final 
Four. Few could have predicted the meteoric rise of the program he 
turned around from a 4-24 record in 1983. Just 2 years later, he guided 
the team to the NCAA tournament and began the Nation's longest active 
streak for NCAA tournament appearances, currently at 24 consecutive 
seasons.
  Lute Olson transformed the University of Arizona and the Tucson 
desert into a college basketball oasis. In his 24 seasons he won one 
national championship, reached 4 Final Fours, and won 11 Pac-10 titles, 
solidifying the program as a perennial title contender and bringing 
national prestige to both city and school.
  At the top of his game, Coach Olson took the Wildcats on an 
improbable run to the 1997 national title, including victories over 
three No. 1 seeds, a feat not achieved before or since. For these 
accomplishments, he was inducted into the Naismith Memorial Basketball 
Hall of Fame on Sept. 27, 2002.
  Lute Olson's successes were not limited to the hardwood. As a high 
school teacher in Mahnomen, Minnesota, he taught six classes, was head 
coach of the basketball and football team, and assistant coach on the 
baseball team. He went to become a junior high counselor in Colorado, 
high school coach in Southern California and entered the collegiate 
ranks in 1972.
  Along the way, as a teacher and coach, Lute Olson has encouraged 
students to live healthy, work hard and pursue their dreams. He has 
inspired and encouraged students across the country, in Tucson, and at 
the University of Arizona. Many young people have benefited from his 
guidance and are proud to call him their mentor.
  I am pleased to acknowledge and thank Coach Olson for his great 
leadership and outstanding contributions to our community.

                          ____________________




                 RECOGNIZING ALCALDESSA ELIZABETH KEMP

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. WOOLSEY. Madam Speaker, I rise today, along with my colleague, 
Mike Thompson, to recognize Elizabeth Kemp, who has been named the City 
of Sonoma's 2009 Alcaldessa, or Honorary Mayor.
  The title, ``Alcalde'' or ``Alcaldessa'' when referring to a woman, 
is the Spanish word for ``Mayor.'' During the Spanish colonial period 
in California, the Alcalde was the primary civil authority. In modern 
times in the City of Sonoma, it is an honorary title and the 
contemporary Alcalde or Alcaldessa presides over ceremonial events for 
the city.
  Alcaldales and Alcaldessas are nominated by the community and are 
representative of individuals with a long record of volunteer work. Ms. 
Kemp is no exception to this rule.
  Ms. Kemp attributes her community activism to her early years in 
London during WW II. That experience led her to be aware of the needs 
of others and to an understanding that anyone's circumstances can 
change in a matter of minutes. She emigrated from England when she was 
21 and has lived in Sonoma since 1969.
  In 2000, Ms. Kemp recognized that many migrant workers had no place 
to live and were sleeping under bridges. She helped to organize one 
temporary camp, then joined with Vineyard Workers Services to create 
two more camps that are open during harvest. She currently serves as 
President of the Board of Directors of Vineyard Workers Services.
  Ms. Kemp initiated the Brown Bagger program in 2004. The program 
prepares and distributes more than 180 nutritious lunches each week to 
the homeless and others who are unable to purchase food. This past 
summer, Ms. Kemp organized a group of volunteers to provide bag lunches 
to students who normally receive free lunches at school when school is 
in session and to their younger siblings. As a member of the Board of 
Directors of Sonoma Overnight Support, Ms. Kemp has also been involved 
in the development of the first permanent homeless shelter in Sonoma.
  And, lest we think her interests are only parochial, Ms. Kemp is an 
active member of Friends of Turkana, a local group that raises funds 
for two medical missions in East Africa.
  Madam Speaker, Elizabeth Kemp is a beloved and vitally important 
member of the community and it is appropriate that we acknowledge her 
today as Sonoma's Alcaldessa for 2009.

[[Page 5481]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. MICHAEL K. CONAWAY

                                of texas

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. CONAWAY. Madam Speaker, pursuant to the House Republican 
standards on earmarks, I am submitting the following information for 
publication in the Congressional Record regarding Member requested 
funding that was included as part of H.R. 1105, the Omnibus 
Appropriations Act of 2009.
  In the Bureau of Reclamation, Water and Related Resources--Rural 
Water account, $109,000 for improvements to an irrigation canal in Tom 
Green County, Texas was included on my behalf. The entity to receive 
funding for this project is the Tom Green County Water Control 
Improvement District No. 1, which operates and maintains the canal and 
can be reached at P.O. Box 488, Veribest, Texas, 76886. The canal is 16 
miles long and runs northeast from the city of San Angelo, Texas. The 
funding will be used to complete repairs and upgrade the canals water 
control systems to help better distribute and conserve water, as 
recommended in a 2007 report by the Bureau of Reclamation.
  In the Army Corps of Engineers, Investigations account, $406,000 for 
a study in the Lower Colorado River Basin of Texas was included on my 
behalf. The entity to receive funding for this project is the Lower 
Colorado River Authority which can be reached at P.O. Box 220, Austin, 
Texas, 78767. The study area is bounded by the Guadalupe, Lavaca, and 
Colorado-Lavaca river basins on the west, and the Brazos and Brazos-
Colorado basins on the east. This study is investigating water resource 
problems, needs, and opportunities, to determine whether improvements 
for flood risk management, ecosystem restoration and protection, water 
quality, water supply and allied purposes have a Federal interest. The 
funding will be used to complete the Williamson Creek study and 
continue other interim feasibility studies within the basin.
  In the Army Corps of Engineers, Operations and Maintenance account, 
$842,000 for the O. C. Fisher Dam and Lake, Texas was included on my 
behalf The entity to receive funding for this project is Army Corps of 
Engineers Fort Worth District. The project is located in Tom Green 
County, on the North Concho River, near the City of San Angelo, Texas. 
The funding will be used to for operations and routine maintenance.
  In the Army Corps of Engineers, Operations and Maintenance account, 
$2,000,000 for Proctor Lake, Texas was included on my behalf. The 
entity to receive funding for this project is Army Corps of Engineers 
Fort Worth District. The project is located in Comanche County on the 
Leon River, about eight miles northeast of the city of Comanche, Texas. 
The funding will be used to for operations, routine maintenance, and to 
replace and repair piezometers.
  In the Army Corps of Engineers, Operations and Maintenance account, 
$1,373,000 for Hords Creek Lake, Texas was included on my behalf. The 
entity to receive funding for this project is Army Corps of Engineers 
Fort Worth District. The project is located in Coleman County about 13 
miles west of the city of Coleman, Texas. The funding will be used to 
for operations, routine maintenance, and to upgrade hydraulic pumps and 
controls for flood gates.
  In the Cooperative State Research, Education, and Extension Service 
(CSREES) account funding in the amount of $206,000 for Animal Fiber 
Research. The entity to receive funding for this project is Texas A&M 
University. The project is located at 7887, U.S. Highway 87N, San 
Angelo, Texas, 76901. The funding will be used to increase 
profitability of the sheep and goat industries in the United States and 
Texas while providing U.S. consumers and the military with high-quality 
animal fibers and meat at internationally competitive prices. Emphasis 
will be placed on improving wool quality and increasing wool production 
and also on multi-state collaborations in which sheep and goats will be 
used to improve rangeland environments through prescribed grazing of 
invasive species.
  In the Cooperative State Research, Education, and Extension Service 
(CSREES), Special Research Grants account funding in the amount of 
$946,000 for the Center for Food Industry Excellence. The entity to 
receive funding for this project is Texas Tech University, located in 
Lubbock, Texas. The funding will be used to conduct systematic 
development and evaluation of production, processing, and preparation 
methods of food products (from farm to table) to achieve a safer and 
more nutritious food supply.
  In the Cooperative State Research, Education, and Extension Service 
(CSREES) account, to provide partial funding in the amount of $693,000 
for Center for North American Studies. Funding for this project will go 
directly to Texas A&M University in College Station, Texas. This 
funding will assist in the continued development of the center. The 
focus is to further expand activities in education and training, 
research policy analysis, and cooperative study as related to trade 
issues.
  In the Cooperative State Research, Education, and Extension Service 
(CSREES), Special Research Grants account, funding in the amount of 
$1,730,000 for the International Cotton Center. The entity to receive 
funding for this project is Texas Tech University, located in Lubbock, 
Texas. The funding will be used to support several research projects 
investigating means of increasing the profitability and sustainability 
of cotton and other natural fiber production through the development of 
new uses for cotton fiber among others.
  In the Cooperative State Research, Education, and Extension Service 
(CSREES) account, funding in the amount of $3,220,000 for the Efficient 
Irrigation program (both research and extension arms). The entity to 
receive funding for this project is Texas A&M University. The funding 
will be used to provide resources for research, training, education, 
and technical assistance to agricultural and municipal water system 
operators, teaching them about irrigation system efficiency and about 
reducing biological and chemical hazards through alternative treatment 
of water and wastewater.
  In the Agriculture Research Service (ARS) account, to provide partial 
funding in the amount of $515,000 for the Great Plains Sorghum 
Improvement and Utilization Center. Funding for this project will go 
directly to Kansas State in Manhattan, Kansas. This funding will be 
used to continue to integrate the efforts among the three institutions 
to develop a series of multi-institutional and multidisciplinary teams 
that bring together new technologies and knowledge that focus on 
improvement of profitability in each stage of sorghum production, 
processing and marketing.
  In the Department of Education, Higher Education account, to provide 
funding in the amount of $285,000 for Midland College in Midland, TX 
for technology upgrades, including purchase of equipment. The funding 
would be used to for the purchase of new computers, specialized 
software and multi-media projector equipment as part of the ongoing 
technology upgrade program. The Advanced Technology Center (ATC), 
operated by Midland College, offers a wide range of programs that are 
used by students from elementary schools, high schools and colleges 
seeking to learn computer and other technical skills, by workers 
upgrading their skills to retain their jobs or get new ones, by 
businesses who are training employees, and by individuals.
  In the Department of Education, Higher Education account, to provide 
funding in the amount of $95,000 for the Midland Independent School 
District, located at 615 W. Missouri Ave., Midland, TX for a teacher 
training initiative in conjunction with Texas Mathworks. Texas 
Mathworks is a center for mathematics education formed by Texas State 
University System to develop model programs and self-sustaining 
learning communities that engage Texas K-12 students in doing 
mathematics at a high level. Texas Mathworks proves to be an effective 
model for engaging and retaining students' interest in math and 
science, enabling teachers to effectively teach it at the highest 
levels.
  In the Department of Education, Elementary & Secondary Education 
(includes FIE) account, to provide funding in the amount of $143,000 
for the Wallace Accelerated High School, located at 149 S. Hwy 208, 
Colorado City, TX, for a charter campus for at-risk students in grades 
8-12, including purchase of equipment. The funding will be to support a 
charter campus for at-risk students in grades 8-12. The campus not only 
assists students with their educational needs but also in realizing the 
importance in being a productive citizen within the community and 
country.
  In the Department of Justice, DJP-Byrne Discretionary Grants account, 
to provide funding in the amount of $1,200,000 for the Texas State 
University Train-the-Trainer (ALERRT) program. The entity to receive 
funding for this project is the Advanced Law Enforcement Rapid Response 
Training (ALERRT) Program at Texas State University-San Marcos, located 
at 601 University Drive, San Marcos, Texas. Funding will be used to 
support the ALERRT program, which was established by Texas State 
University, to provide first responders with the tactics they will need 
to effectively respond to active shooter situations.
  Project funding for the construction of on/off ramps of I-20 for 
Garfield and Cotton Flat Road in Midland, TX in the amount of $380,000. 
The funding will be appropriated

[[Page 5482]]

from the Interstate Maintenance Discretionary account to the Texas 
Department of Transportation, 125 East 11th St., Austin, TX 78701. The 
project is included in the I-20 Corridor Master plan and the Statewide 
Transportation Improvement Program.
  Project funding in the amount of $475,000 to widen the 45 mile 
section of SH-349 in Martin and Dawson County by two additional lanes 
as a portion of Trade Corridor 56 designated and funded (1.6 mil) by 
SAFETEA-LU as a high priority trade corridor. The funding will be 
appropriated from the Transportation, Community and System Preservation 
account to the Texas Department of Transportation, 125 East 11th St., 
Austin, TX 78701. This section of SH-349 is a part of the Ports to 
Plains Corridor, two National High Priority Corridors and the Texas 
Trunk System.
  Project funding in the amount of $190,000 for the Economic 
Development Initiative that will include streetscaping, environmental 
remediation, infrastructure improvements and demolition of dilapidated 
buildings of downtown Midland, TX. The funding will be appropriated 
from the Economic Development Initiatives account to the City of 
Midland, City Hall, 300 N. Loraine, Midland, TX 79701.
  Project funding in the amount of $142,500 for an Economic Development 
Initiative that will include enhancing an economically depressed area 
along the North Concho River through downtown San Angelo. The funding 
will be appropriated from the Economic Development Initiatives account 
to the City of San Angelo, City Hall, 72 W. College Ave, San Angelo, TX 
76903. The City has contributed over $6 million for the project and 
continues to contribute through a \1/2\ cent sales tax. The initiative 
includes improving accessibility multi-use pathways, connecting 
commercial and residential areas and improving river access, lighting, 
landscaping and other public spaces along the Concho River and downtown 
San Angelo.
  Project funding in the amount of $237,500 for construction of a 
multi-modal terminal that will house customer service centers, 
administrative offices and development space for the Concho Valley 
Transit District. The funding will be appropriated from the Buses and 
Bus Facilities account to The Texas Department of Transportation, 125 
East 11th St., Austin, TX 78701. The Texas Department of Transportation 
has awarded a multi-year $1.5 million grant to support future 
development and the project received $250,000 in FY08. This project has 
been authorized by SAFETEA-LU.
  Project funding in the amount of $190,000 for preliminary 
engineering, and construction of a transit authority administration 
facility to manage 8,500 square miles of regional public transit 
system. The funding will be appropriated from the Buses and Bus 
Facilities account to The Texas Department of Transportation, 125 East 
11th St., Austin, TX 78701.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. CANDICE S. MILLER

                              of michigan

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mrs. MILLER of Michigan. Madam Speaker, I submit the following:
  Requesting Member: Congresswoman Candice S. Miller.
  Bill Number: H.R. 1105.
  Account: COPS Law Enforcement Technology.
  Legal Name of Requesting Entity: Huron County, Michigan Sherriffs 
Office.
  Address of Requesting Entity: 120 S. Heisterman St. Bad Axe, MI 
48413.
  Description of Request: Funds would be used for law enforcement 
technologies.
  Bill Number: H.R. 1105.
  Account: COPS Law Enforcement Technology.
  Legal Name of Requesting Entity: Sanilac County, Michigan Sherriffs 
Office.
  Address of Requesting Entity: 65 N. Elk Street, Sandusky, MI 48471.
  Description of Request: Funds would be used to replace their current 
computer system which lacks storage capabilities and is antiquated. The 
goal is to convert the current system to a Windows platform which would 
allow for more interoperable connectivity with agencies at the local, 
state and federal level.
  Bill Number: H.R. 1105.
  Account: COPS Law Enforcement Technology.
  Legal Name of Requesting Entity: Lapeer County Sheriffs Office.
  Address of Requesting Entity: 3231 John Conley Dr. Lapeer, MI 48446.
  Description of Request: Funds would be used to add Mobile Data 
Terminals to eight patrol cars.
  Bill Number: H.R. 1105.
  Account: Small Business Administration--Business Loan Programs.
  Legal Name of Requesting Entity: Macomb County.
  Address of Requesting Entity: 1 S. Main St. 7th floor, Mt. Clemens, 
Ml 48043.
  Description of Request: The funds would be used to provide a variety 
of much needed programs and services including training such as 
business plan and marketing writing and assistance. Additionally it 
would serve businesses and entrepreneurs in Macomb County who currently 
does not have access to vital services.
  Bill Number: H.R. 1105.
  Account: Health Resources and Services Administration--Health 
Facilities and Services.
  Legal Name of Requesting Entity: Thumb Rural Health Network.
  Address of Requesting Entity: 210 S. First St. Harbor Beach, MI 
48441.
  Description of Request: Funds will be utilized to establish and 
enhance integrated communications systems for a small network of small, 
rural critical access hospitals. Funds will be used to purchase 
equipment, establish a system wide communications and triage network 
thus cutting down movement between these 5 hospitals located all over 
Michigan's thumb area.
  Bill Number: H.R. 1105.
  Account: Higher Education (FIPSE).
  Legal Name of Requesting Entity: Saint Clair County Community 
College.
  Address of Requesting Entity: 323 Erie St., Port Huron, MI 48061.
  Description of Request: This funding would be used to develop a 2 
year alternative energy degree.
  Bill Number: H.R. 1105.
  Account: Higher Education (FIPSE).
  Legal Name of Requesting Entity: Macomb County Community College.
  Address of Requesting Entity: 14500 E. Twelve Mile Road, Warren, MI 
48088.
  Description of Request: The funding would be used to develop a 
comprehensive 2 year alternative energy degree.
  Bill Number: H.R. 1105.
  Account: Investigations.
  Legal Name of Requesting Entity: Southeastern Michigan Council of 
Governments.
  Address of Requesting Entity: 535 Griswold St. Ste. 300 Detroit, MI 
48226.
  Description of Request: The funding would be used to establish a 
partnership of federal, State of Michigan and local agencies to guide 
the implementation of the Lake St. Clair Management Plan. Funds would 
also be used to develop a strategic implementation plan that will guide 
the Army Corps in its implementation of the Management plan. Both 
activities are a requirement of Section 3089 of the 2007 Water 
Resources Development Act.
  Bill Number: H.R. 1105.
  Account: O&M.
  Legal Name of Requesting Entity: Army Corps of Engineers.
  Address of Requesting Entity: 477 Michigan Ave. Detroit, MI 48226.
  Description of Request: The funding would be used for dredging 
channels in Lake St. Clair.
  Bill Number: H.R. 1105.
  Account: O&M.
  Legal Name of Requesting Entity: Army Corps of Engineers.
  Address of Requesting Entity: 477 Michigan Ave. Detroit, MI 48226.
  Description of Request: The funding would be used for dredging 
Caseville harbor.
  Bill Number: H.R. 1105.
  Account: O&M.
  Legal Name of Requesting Entity: Army Corps of Engineers.
  Address of Requesting Entity: 477 Michigan Ave. Detroit, MI 48226.
  Description of Request: The funding would be used for dredging the 
Clinton River.
  Bill Number: H.R. 1105
  Account: O&M
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: 477 Michigan Ave. Detroit, MI 48226
  Description of Request: The funding would be used for dredging 
Lexington Harbor
  Bill Number: H.R. 1105
  Account: O&M
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: 477 Michigan Ave. Detroit, MI 48226
  Description of Request: The funding would be used for dredging Port 
Austin Harbor
  Bill Number: H.R. 1105
  Account: O&M
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: 477 Michigan Ave. Detroit, MI 48226
  Description of Request: The funding would be used for dredging Port 
Sanilac Harbor
  Bill Number: H.R. 1105

[[Page 5483]]

  Account: O&M
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: 477 Michigan Ave. Detroit, MI 48226
  Description of Request: The funding would be used for dredging the 
St. Clair River
  Bill Number: H.R. 1105
  Account: EERE-Building Technologies
  Legal Name of Requesting Entity: St. Clair County Community College
  Address of Requesting Entity: 323 Erie St. Port Huron, MI 48061
  Description of Request: This funding would be used for infrastructure 
to match and accommodate a developing curriculum regarding alternative 
energies.
  Bill Number: H.R. 1105
  Account: TCSP Transportation and Community and System Preservation
  Legal Name of Requesting Entity: County of Sanilac
  Address of Requesting Entity: 60 W. Sanilac Rd. Sanilac County 
Courthouse, Room 214, Sandusky, MI 48471
  Description of Request: The funding would be used for a bike path 
between Lexington and Port Sanilac
  Bill Number: H.R. 1105
  Account: AIP--Airport Improvement Program
  Legal Name of Requesting Entity: City of Sandusky
  Address of Requesting Entity: 26 W. Speaker St. Sandusky, Ml 48471
  Description of Request: This funding would be used for the extension 
of the runway and new taxiway.
  Bill Number: H.R. 1105
  Account: Buses and Bus Facilities
  Legal Name of Requesting Entity: Sanilac Count Transportation 
Authority
  Address of Requesting Entity: 25 S. Arthur St. Carsonville, MI 48419
  Description of Request: This funding would be used for the 
replacement of buses.
  Bill Number: H.R. 1105
  Account: Buses and Bus Facilities
  Legal Name of Requesting Entity: Greater Lapeer Transportation 
Authority
  Address of Requesting Entity: 230 South Monroe St. Lapeer, MI 48446
  Description of Request: This funding would be used for the 
replacement of buses.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. JACK KINGSTON

                               of georgia

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. KINGSTON. Madam Speaker, pursuant to the House Republican 
standards on earmarks, I am submitting the following information for 
publication in the Congressional Record regarding H.R. 1105, the FY 
2009 Omnibus Appropriations Act.
  Requesting Member: Congressman Jack Kingston 
  Project Name: Southeastern Poultry Research Laboratory, Athens, GA
  Bill number: H.R. 1105
  Account: USDA, Agriculture Research Service, Buildings and Facilities
  Legal Name of Requesting Entity: ARS's Southeastern Poultry Research 
Lab, Athens, GA
  Address of Requesting Entity: 934 College Station Road, Athens, GA 
30605
  Description of Request: Funds will be used for planning and design of 
the Biocontainment Laboratory and Consolidated Poultry Research 
Facility in Athens, GA. The new lab will combine the research of other 
labs, modernize biocontainment facilities, and be the primary lab for 
federal research on Avian Influenza and all avian research/diseases.
  Amount: $2,427,000
  Project Name: GA Soil & Water Conservation Commission Cooperative 
Agreement
  Bill number: H.R. 1105
  Account: USDA, Natural Resource Conservation Service, Conservation 
Operations
  Legal Name of Requesting Entity: Georgia Soil and Water Conservation 
Commission
  Address of Requesting Entity: 4310 Lexington Road, Athens, GA 30603
  Project Description: Project is a cost/share grant program that helps 
farmers with construction or renovation of on-farm agriculture water 
storage facilities for irrigation and drought preparedness.
  Amount: $2,423,000
  Project Name: University of Georgia's Blueberry Research
  Bill number: H.R. 1105
  Account: USDA, CSREES
  Legal Name of Requesting Entity: University of Georgia's College of 
Agriculture and Environmental Sciences, Athens, GA
  Address of Requesting Entity: 101 Conner Hall, Athens, GA 30602
  Project Description: Development of new cultivars and management 
practices that increase production efficiency and improve quality of 
fruit delivered to consumers.
  Amount: $207,000
  Project Name: University of Georgia's Phytophthora Research
  Bill number: H.R. 1105
  Account: USDA, CSREES
  Legal Name of Requesting Entity: University of Georgia's College of 
Agriculture and Environmental Sciences, Athens, GA
  Address of Requesting Entity: 101 Conner Hall, Athens, GA 30602
  Project Description: Research on controlling or eliminating fruit/
vegetable rot disease during production.
  Amount: $178,000
  Project Name: University of Georgia's Water Use Efficiency and Water 
Quality Enhancements
  Bill number: H.R. 1105
  Account: USDA, CSREES
  Requesting Entity: University of Georgia's College of Agriculture and 
Environmental Sciences, Athens, GA
  Address of Requesting Entity: 101 Conner Hall, Athens, GA 30602
  Project Description: Research on discovery and use of variable rate 
irrigation technologies. These technologies will save billions of 
gallons of irrigation water each year, while increasing agriculture 
productivity and improving water quality.
  Amount: $346,000
  Project Name: University of Georgia's Cotton Insect Management
  Bill number: H.R. 1105
  Account: USDA, CSREES
  Requesting Entity: University of Georgia's College of Agriculture and 
Environmental Sciences, Athens, GA
  Address of Requesting Entity: 101 Conner Hall, Athens, GA 30602
  Project Description: Continuing research on cotton insect management 
in the Southeast where pests are primary causes of cotton yield loss 
and quality damage.
  Amount: $346,000
  Project Name: Savannah Harbor Expansion Project
  Bill number: H.R. 1105
  Account: Corps of Engineers--Construction
  Requesting Entity: Corps of Engineers, Savannah District
  Address of Requesting Entity: 100 West Oglethorpe Avenue, P.O. Box 
889, Savannah, Georgia 31402
  Project Description: Savannah Harbor Expansion Project construction 
funding to develop plans and specifications and the Project Partnership 
Agreement required before construction can start to deepen the harbor 
channel from the current 42 foot channel to a depth of as much as 48 
feet.
  Amount: $670,000
  Project Name: The Atlantic Intracoastal Waterway, Georgia
  Bill number: H.R. 1105
  Account: Corps of Engineers--Operations and Maintenance
  Requesting Entity: Corps of Engineers, Savannah District
  Address of Requesting Entity: 100 West Oglethorpe Avenue, P.O. Box 
889, Savannah, Georgia 31402
  Project Description: Dredging trouble spots on the waterway and for 
general maintenance of the Georgia portion of the Atlantic Intracoastal 
Waterway.
  Amount: $966,000
  Project Name: University of Georgia's Biorefinery Demonstration 
Project
  Bill number: H.R. 1105
  Account: Department of Energy--Energy Efficiency and Renewable 
Energy, Biomass
  Requesting Entity: The University of Georgia
  Address of Requesting Entity: Office of VP for Research, Boyd 
Research Building, UGA, Athens, GA
  Project Description: Development of biomass processing, biochemical 
and thermochemical technologies, and train the future workforce so they 
can satisfy the needs of a growing new industry.
  Amount: $1,189,375
  Project Name: Atlanta Environmental Infrastructure
  Bill number: H.R. 1105
  Account: Corps of Engineers--Construction
  Requesting Entity: Corps of Engineers, Mobile District
  Address of Requesting Entity: P.O. Box 2288, Mobile, Alabama 36628
  Project Description: Sewer system repairs.
  Amount: $1,818,000
  Project Name: Glynn County Airport Commission
  Bill number: H.R. 1105
  Account: Federal Aviation Administration--Airport Improvement Program
  Requesting Entity: Glynn County Airport Commission

[[Page 5484]]

  Address of Requesting Entity: 295 Aviation Parkway, Suite 205, 
Brunswick, Georgia 31525
  Project Description: For airfield drainage rehabilitation and general 
aviation taxiway expansion.
  Amount: $755,250
  Project Name: Homerville Industrial Park
  Bill number: H.R. 1105
  Account: Housing and Urban Development--Economic Development 
Initiatives
  Requesting Entity: City of Homerville, GA
  Address of Requesting Entity: 20 South College Street, Suite A, 
Homerville, GA 31634
  Project Description: For design and construction that includes 
installation of a new sewer system that will serve the new industrial 
park.
  Amount: $285,000
  Project Name: Wayne Memorial Hospital
  Bill Number: H.R. 1005
  Account: Department of Health & Human Services, Health Resources and 
Services Administration
  Requesting Entity: Wayne Memorial Hospital
  Address of requesting entity: 865 South First Street, Jesup, GA 31545
  Description of Request: For construction, renovation, and equipment 
costs.
  Amount: $761,000
  Project Name: Armstrong Atlantic State University Cyber Security 
Research Foundation Inc.
  Bill Number: H.R. 1105
  Account: Department of Education, FIPSE
  Requesting Entity: Armstrong Atlantic State University
  Address of Requesting Entity: 11935 Abercorn Street, Savannah, 
Georgia 31419
  Description of Request: For curriculum development and the purchase 
of equipment.
  Amount: $428,000
  Project Name: Southeast Georgia Health System
  Bill Number: H.R. 1105
  Account: Department of Health & Human Services, Health Resources and 
Services Administration
  Requesting Entity: Southeast Georgia Health System
  Address of Requesting Entity: 2415 Parkwood Drive, Brunswick, GA 
31520
  Description of Request: Purchase of medical equipment.
  Amount: $381,000

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. BILL SHUSTER

                            of pennsylvania

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. SHUSTER. Madam Speaker, consistent with the Republican 
Leadership's policy on earmarks, I submit the following:
  Requesting Member: Congressman Bill Shuster (PA-9).
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Division B--Commerce, Justice, Science, and Related Agencies.
  Project Name: Operation Our Town.
  Account: OJP--Bryne Discretionary Grants.
  Legal Name of Requesting Entity: Operation Our Town.
  Address of Requesting Entity: 5506 6th Avenue Rear, Altoona, PA 
16602.
  Description of Request/Justification of Federal Funding:
  $300,000 for Operation Our Town.
  It is my understanding that funding for this project will be used to 
facilitate partnerships between community and business leaders to fight 
illegal drug use and crime through proven law enforcement, treatment, 
and prevention strategies. Operation Our Town focuses on coordinating 
resources to reduce the threats faced by drugs and related crimes as 
part of the ongoing national war on drugs and gangs.
  It is also my understanding that approximately 33 percent of funding 
would be used for coordination with law enforcement, approximately 17 
percent of funding would be used for prevention, approximately 17 
percent of funding would be used for treatment, approximately 30 
percent of funding would be used for blight eradication, and 
approximately 3 percent would be used for other expenses.
  Project Name: Franklin County Emergency Services Alliance--
Interoperable Communications Initiative.
  Account: COPS Law Enforcement Technology.
  Legal Name of Requesting Entity: Franklin County Emergency Services 
Alliance.
  Address of Requesting Entity: 4 North Main Street, Chambersburg, PA 
17201.
  Description of Request/Justification of Federal Funding:
  $500,000 for Interoperable Communications Initiative.
  It is my understanding that funding for this project will be used to 
purchase and upgrade equipment for first responders in Franklin County, 
Pennsylvania. Improved equipment will increase emergency, disaster 
assistance, and recovery efforts.
  Increased interoperability will greatly improve the ability of 
Franklin County to assist in supporting critical response efforts for 
nearby major metropolitan areas and federal facilities including 
Baltimore, MD, Washington, DC, Harrisburg, PA, Letterkenny Army Depot 
(PA), Camp David (MD), and Fort Detrick (MD).
  It is also my understanding that funding will be used for the 
acquisition of emergency services communications units, with 
approximately 40 percent of funding used to acquire portable units, 
approximately 40 percent of funding used to acquire base and mobile 
units, and approximately 20 percent of funding used to acquire pager 
units.
  Project Name: Saint Francis University Center for Global 
Competitiveness.
  Account: International Trade Administration.
  Legal Name of Requesting Entity: St. Francis University.
  Address of Requesting Entity: 117 Evergreen Drive, Loretto, PA 15940.
  Description of Request/Justification of Federal Funding:
  $350,000 for Saint Francis University Center for Global 
Competitiveness.
  It is my understanding that funding for this project will be used to 
create jobs and stimulate economic development by assisting local small 
and medium sized businesses.
  Specifically, the Saint Francis University Center for Global 
Competitiveness provides specialized marketing assistance to small and 
medium sized global businesses in a ten county region helping them to 
become more competitive in a global economy including international 
trade and expansion into domestic markets.
  It is also my understanding that approximately 50 percent of funding 
will be used for labor costs, approximately 40 percent of funding will 
be used for coordination with Saint Vincent College, and approximately 
10 percent of funding will be used for equipment and other expenses.
  Division C--Energy and Water Development.
  Project Name: South Central Pennsylvania Environmental Improvement 
Program.
  Account: Corps of Engineers, Construction.
  Legal Name of Requesting Entity: US Army Corps of Engineers--
Baltimore District.
  Address of Requesting Entity: 10 South Howard Street, Baltimore, MD 
21201.
  Description of Request/Justification of Federal Funding:
  $4.5 million for South Central Environmental Infrastructure.
  It is my understanding that funding for the South Central 
Pennsylvania Environmental Improvement Program will provide design and 
construction assistance for water-related environmental infrastructure 
and resource protection and development projects in South Central 
Pennsylvania. The program provides the funding necessary for local 
communities to install basic sewer and water systems and is a key 
aspect of building and enhancing infrastructure for many rural 
communities in Pennsylvania. The program was authorized in the Water 
Resources Development Act of 1992 (P.L. 102-580).
  It is also my understanding that funding will be administered by the 
US Army Corps of Engineers as authorized to provide design and 
construction assistance for water-related environmental infrastructure 
and resource protection and development projects in South Central 
Pennsylvania.
  Project Name: Juniata Hybrid Locomotive.
  Account: Department of Energy, EERE.
  Legal Name of Requesting Entity: Pennsylvania State University.
  Address of Requesting Entity: 17 Old Main, University Park, PA 16802.
  Description of Request/Justification of Federal Funding:
  $713,625 for Juniata Hybrid Locomotive.
  It is my understanding that funding for this project will be used to 
assess and develop technological alternatives to diesel locomotives and 
to develop a more energy efficient and environmentally friendly 
locomotive for yard, local, and main line applications. Associated with 
this research effort is the development of energy management and 
control technologies required to maximize the energy efficiency of 
hybrid locomotives. Converting the existing locomotive fleet to new 
technologies would reduce both emissions and our dependence on foreign 
oil, reducing impacts on the environment and improving our national and 
energy security.
  It is also my understanding that approximately 20 percent of funding 
would be used for labor costs, approximately 20 percent of funding 
would be used for engineering consultants, approximately 20 percent of 
funding

[[Page 5485]]

would be used for charger components, and approximately 40 percent of 
funding would be used for locomotive components.
  Division E--Interior, Environment, and Related Agencies.
  Project Name: Flight 93 National Memorial.
  Account: National Park Service, Construction.
  Legal Name of Requesting Entity: National Park Service.
  Address of Requesting Entity: 109 West Main Street, Suite 104, 
Somerset, PA 15501.
  Description of Request/Justification of Federal Funding:
  $1.2 million for Flight 93 National Memorial.
  It is my understanding that funding will used for construction costs 
at the Flight 93 National Memorial in Somerset County, Pennsylvania. 
The Flight 93 National Memorial honors the men and women who gave their 
lives in the first counterattack of the Global War on Terror on 
September 11, 2001.
  The Flight 93 National Memorial Act (P.L. 107-226) established the 
creation of the Flight 93 National Memorial ``to commemorate the 
passengers and crew of United Flight 93 who, on September 11, 2001, 
courageously gave their lives thereby thwarting a planned attack on our 
Nation's Capital.''
  It is also my understanding that funding will be used by the National 
Park Service as authorized for construction and associated costs such 
as design development and construction management at the Flight 93 
National Memorial.
  Project Name: Historic Mishler Theatre.
  Account: National Park Service, Save America's Treasures.
  Legal Name of Requesting Entity: Blair County Arts Foundation.
  Address of Requesting Entity: 1212 Twelfth Avenue, Altoona, PA 16601.
  Description of Request/Justification of Federal Funding:
  $150,000 for the Historic Mishler Theatre.
  It is my understanding that funding for this project will be used for 
renovations to the Mishler Theatre in Blair County, Pennsylvania. Known 
for its cultural and architectural significance and listed on the 
National Register of Historical Places, renovations to the Mishler 
Theatre are vital to preserving and restoring this vibrant center for 
the arts.
  It is also my understanding that funding will be used for the 
acquisition costs, labor, and construction related to improvements of 
the facility for performers and patrons.
  Division F--Labor, Health and Human Services, Education, and Related 
Agencies.
  Project Name: Altoona Regional Health System, Equipment.
  Account: Department of Health and Human Services, Health and Human 
Services Administration (HRSA)--Health Facilities and Services.
  Legal Name of Requesting Entity: Altoona Regional Health System.
  Address of Requesting Entity: 620 Howard Avenue, Altoona, PA 16601.
  Description of Request/Justification of Federal Funding:
  $238,000 for Altoona Regional Health System for facilities and 
equipment.
  It is my understanding that funding for this project will be used to 
purchase digital mammography and radiology equipment in preparation for 
developing a breast imaging center. This project will ensure improved 
accessibility for residents in Blair County and surrounding areas to 
state of the art breast imaging to replace traditional film-based 
mammography.
  It is also my understanding that funding will be used for the 
purchase of digital mammography screening equipment and radiology work 
station equipment. I also understand that the funding provided is only 
a piece of the total funding required for this project and anticipated 
allocations may change.
  Project Name: Nason Hospital, Equipment.
  Account: Department of Health and Human Services, Health and Human 
Services Administration (HRSA)--Health Facilities and Services.
  Legal Name of Requesting Entity: Nason Hospital.
  Address of Requesting Entity: 105 Nason Drive, Roaring Spring, PA 
16673.
  Description of Request/Justification of Federal Funding:
  $143,000 for Nason Hospital, Roaring Spring, PA for purchase of 
equipment.
  It is my understanding that funding for this project will be used to 
purchase a high definition camera system for orthopedic arthroscopic 
procedures. This equipment will increase productivity within the 
operating room and produce more confident diagnoses, benefiting both 
patients and physicians.
  It is also my understanding that approximately 75 percent of funding 
will be used for equipment and installation and 25 percent of funding 
will be used for a service agreement. I also understand that the 
funding provided is only a piece of the total funding required for this 
project and anticipated allocations may change.
  Project Name: Somerset Hospital, Equipment.
  Account: Department of Health and Human Services, Health and Human 
Services Administration (HRSA)--Health Facilities and Services.
  Legal Name of Requesting Entity: Somerset Hospital.
  Address of Requesting Entity: 225 South Central Avenue, Somerset, PA 
15501.
  Description of Request/Justification of Federal Funding:
  $190,000 for Somerset Hospital, Somerset, PA for facilities and 
equipment.
  It is my understanding that funding for this project will be used to 
purchase equipment to increase patient safety, enhance efficiency, and 
reduce operational costs. These technology upgrades will greatly 
benefit residents of the Somerset, Pennsylvania area.
  It is also my understanding that approximately 15 percent of funding 
would be used for a pharmacy system/bar coding, approximately 60 
percent of funding would be used for electronic medical records, and 
approximately 25 percent of funding would be used for physician order 
entry system. I also understand that the funding provided is only a 
piece of the total funding required for this project and anticipated 
allocations may change.
  Division I--Transportation, Housing and Urban Development, and 
Related Agencies
  Project Name: AMTRAN Transit System Improvement.
  Account: Department of Transportation, Buses and Bus Facilities.
  Legal Name of Requesting Entity: AMTRAN.
  Address of Requesting Entity: 3301 Fifth Avenue, Altoona, PA 16602.
  Description of Request/Justification of Federal Funding:
  $475,000 for Bus Facility, AMTRAN Transit System.
  It is my understanding that funding for this project will be used by 
AMTRAN, the local transit system in Altoona, PA, for improvements to 
their system. Specifically, it is my understanding that these funds 
will be used for a new bus facility.
  It is also my understanding that approximately 40 percent of funding 
will be used for real estate acquisition, approximately 10 percent of 
funding will be used for environmental mitigation, approximately 10 
percent of funding will be used for demolition and site preparation, 
and approximately 40 percent will be used for building renovation. I 
also understand that the funding provided is only a piece of the total 
funding required for this project and anticipated allocations may 
change.
  Project Name: Flight 93 National Memorial, Public Lands 
Transportation Needs.
  Account: Federal Lands (Public Lands Highways).
  Legal Name of Requesting Entity: National Park Service.
  Address of Requesting Entity: 109 West Main Street, Suite 104, 
Somerset, PA 15501.
  Description of Request/Justification of Federal Funding:
  $4.275 million for Flight 93 National Memorial, Public Lands 
Transportation Needs.
  It is my understanding that funding for this project will be used by 
the National Park Service for road, parking, and utility improvements 
related to the Flight 93 National Memorial. The Flight 93 National 
Memorial honors the men and women who gave their lives in the first 
counterattack of the Global War on Terror on September 11, 2001.
  The Flight 93 National Memorial Act (P.L. 107-226) established the 
creation of the Flight 93 National Memorial ``to commemorate the 
passengers and crew of United Flight 93 who, on September 11, 2001, 
courageously gave their lives thereby thwarting a planned attack on our 
Nation's Capital.''
  It is also my understanding that funding will be used by the National 
Park Service for construction costs.
  Project Name: Hollidaysburg Car Shop Redevelopment Project.
  Account: Department of Housing and Urban Development--Economic 
Development Initiatives.
  Legal Name of Requesting Entity: Altoona-Blair County Development 
Corporation.
  Address of Requesting Entity: 3900 Industrial Park Drive, Altoona, PA 
16602.
  Description of Request/Justification of Federal Funding:
  $95,000 for transformation of the current facility into one that can 
be utilized for manufacturing, contributing to economic development and 
stimulating job creation.
  It is my understanding that funding for this project will be used to 
support redevelopment efforts for the former Hollidaysburg Car Shop 
property based upon a recently completed redevelopment strategy and 
plan to promote job retention activities and economic development.

[[Page 5486]]

  It is also my understanding that funding will be used for activities 
related to site preparation, building improvements, and environmental 
remediation. I also understand that the funding provided is only a 
piece of the total funding required for this project and anticipated 
allocations may change.
  Project Name: Altoona Recreational Facility.
  Account: Department of Housing and Urban Development--Economic 
Development Initiatives.
  Legal Name of Requesting Entity: Central Blair Recreation and Park 
Commission.
  Address of Requesting Entity: 2101 Fifth Avenue, Altoona, 
Pennsylvania 16602.
  Description of Request/Justification of Federal Funding:
  $71,250 for development of a multi-faceted outdoor park for the local 
community.
  It is my understanding that funding for this project will be used for 
the development of a multi-faceted outdoor park for the local 
community. The facility will offer a safe and positive environment for 
young people and provide safe alternatives to the temptations of drug 
use, gangs, and violence.
  It is also my understanding that funding will be used for 
construction and related costs associated with skateboard ramps, 
playground equipment, trails, pavilions, and restroom facilities. I 
also understand that the funding provided is only a piece of the total 
funding required for this project and anticipated allocations may 
change.
  Project Name: Indiana County Business and Industrial Park.
  Account: Department of Housing and Urban Development--Economic 
Development Initiatives.
  Legal Name of Requesting Entity: Indiana County Commissioners.
  Address of Requesting Entity: 825 Philadelphia Street, Indiana, PA 
15701.
  Description of Request/Justification of Federal Funding:
  $190,000 for acquisition and development of a new pad ready business/
industrial park consisting of approximately 150-200 acres.
  It is my understanding that funding for this project will be used for 
the development of a new industrial park to help serve the growing 
economy of the region. The project will assist in the growth of an 
emerging technology and manufacturing market. I further understand that 
it is estimated the completion of the new industrial park will create 
300 to 500 new jobs.
  It is also my understanding that funding will be used for all 
development phases including acquisition, master plan design, 
engineering, and construction costs. I also understand that the funding 
provided is only a piece of the total funding required for this project 
and anticipated allocations may change.
  Project Name: Community Redevelopment and Restoration, Lower 
Fairview.
  Account: Department of Housing and Urban Development--Economic 
Development Initiatives.
  Legal Name of Requesting Entity: The Nehemiah Project.
  Address of Requesting Entity: 800 Valley View Boulevard, Altoona, PA 
16602.
  Description of Request/Justification of Federal Funding:
  $71,250 for redevelopment of buildings in the downtown Lower Fairview 
area of Altoona, Pennsylvania.
  It is my understanding that funding for this project will be used to 
aid in the redevelopment of buildings in the Lower Fairview area of 
Altoona, Pennsylvania.
  Specifically, I understand the project is centered on the 
rehabilitation of an abandoned and condemned church building that used 
to serve as a safe haven for those in need. Once restored, the facility 
will be home to a variety of programs designed to meet the needs of 
area residents and provide tools to put them in a position to succeed 
in the future.
  It is also my understanding that funding will be used for a variety 
of acquisition and construction needs. I also understand that the 
funding provided is only a piece of the total funding required for this 
project and anticipated allocations may change.

                          ____________________




RECOGNIZING BETH LEES AS THE 2010 SANTA ROSA COUNTY TEACHER OF THE YEAR

                                 ______
                                 

                            HON. JEFF MILLER

                               of florida

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. MILLER of Florida. Madam Speaker, on behalf of the United States 
Congress, it is an honor for me to rise today in recognition of Beth 
Lees, Santa Rosa County's 2010 Teacher of the Year.
  From an early age, Ms. Lees has expressed a passion and talent for 
teaching. Inspired by the work of her mother, also a teacher, Ms. Lees 
would work on the blackboard and create curriculum in the imaginary 
games of ``school'' she played as a child. This early interest 
blossomed into an enduring devotion to the profession of teaching and 
to helping children realize their intellectual potential.
  Ms. Lees began her teaching career at Troy University, where she 
earned a B.A. in elementary education and a master's of science in 
Education. After graduating, she began teaching third grade and spent 
the next 12 years teaching third, fourth, and fifth grade. Her 
education and early experiences have resonated in her current teaching 
style. Ms. Lees is known for her exciting curriculum and students and 
teachers often remark on her ability to make the material fun and 
dynamic. Her enthusiasm is contagious and the structure she provides 
her students, especially in the way of reading comprehension, is vital 
to their long-term academic success.
  The title of Teacher of the Year is an honor and is evidence of Ms. 
Lees's exceptional capabilities as an educator. Beyond the title lies 
Ms. Lees's dedication and devotion, to not only her students, but to 
the entire community. Her teaching skills and affable personality have 
influenced many and pushed countless students to a higher level of 
academic achievement. Ms. Lees's outstanding accomplishments have 
distinguished her as one of the great teachers in northwest Florida, 
and the First District of Florida is honored to have her as one of 
their own.
  Madam Speaker, on behalf of the U.S. Congress, I am proud to 
recognize Beth Lees on this outstanding achievement and for her 
exemplary service in the Santa Rosa School District.

                          ____________________




             RECOGNIZING THE CONTRIBUTIONS OF BENITA DURAN

                                 ______
                                 

                          HON. HILDA L. SOLIS

                             of california

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. SOLIS of California. Madam Speaker, today I rise to recognize 
Benita Duran, a dedicated, hard working woman whom I am very fortunate 
to have had on my staff for more than eight years.
  Benita joined my staff in November 2000 while I was serving as a 
member of the California State Senate. She stayed with me during my 
transition into service as a Member of Congress and has been my Deputy 
District Director since 2004.
  During her time in my office, Benita demonstrated that she is a hard 
working individual committed to advancing the public interest. She 
demonstrated her passion for issues affecting underserved communities 
and the lives of working families daily in her work. True to her roots, 
the residents of El Sereno were first and foremost in her heart and 
mind.
  Benita is strongly committed to our nation's servicemen and women, 
veterans and their families. She worked tirelessly to ensure that 
countless numbers of veterans received the medals and recognition they 
earned, and stood by the families of who lost their loved ones in 
service to our nation.
  Benita was equally committed to helping all residents resolve issues 
which required Federal assistance. She paid personal attention to each 
case, whether it was helping resolve an IRS issue to helping people 
achieve the American Dream of securing their citizenship.
  As my Deputy District Director, Benita managed my two district 
offices and staff in a mature, thoughtful, organized manner. Through 
her words and actions, Benita trained, mentored and inspired my staff 
to constantly challenge themselves to meet new goals while helping them 
along the way. I knew Benita could be counted on to deliver. I am 
grateful to have had her assist me in this capacity while my work kept 
me in Washington, DC.
  Benita's passion, dedication and commitment to public service will be 
sorely missed. I am confident she will continue to excel in all future 
endeavors.

                          ____________________




INTRODUCTION OF THE NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE 
                              ACT OF 2009

                                 ______
                                 

                            HON. BART GORDON

                              of tennessee

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. GORDON of Tennessee. Madam Speaker, today I am introducing ``The 
National Water Research and Development Initiative Act of 2009,'' which 
coordinates national research and development efforts on water and 
provides a clear path forward to ensure adequate water supplies for 
generations to come.
  In the United States, over 50,000 water utilities withdraw 
approximately 40 billion gallons per day of water from the Nation's 
resources

[[Page 5487]]

to supply water for domestic consumption, industry, and other uses. 
When severe water shortages occur, the economic effect can be 
substantial. According to a 2000 report from the National Oceanic and 
Atmospheric Administration, eight water shortages from drought or heat 
waves each resulted in $1 billion or more in monetary losses over the 
past 20 years.
  Water is essential to everything we do, and there is no substitute 
for it. Many Americans are unaware how stressed our water supplies have 
become. This situation will continue to be exacerbated by increases in 
population and energy demand and shifting weather patterns caused by 
climate change. In order to meet the water demands of the future, it is 
essential that we have the tools needed to utilize water resources 
efficiently and to maintain the quality of our water supplies. Sound 
water management is essential if we are to meet society's water needs 
for industry, agriculture, recreation, and power.
  An adequate supply of treated water is integral to many industries, 
including agriculture and food processing, beverages, power generation, 
paper production, manufacturing, and mineral extraction. Water 
shortages can negatively affect companies and entire industries and 
reduce job creation and retention. Current industry trajectories, 
population growth, and dwindling water supplies all point to increased 
water shortages. Increased water demand will come with increased costs 
to all businesses, industries, and municipalities which rely on the 
same water resources. The Association of California Water Agencies 
reported in April 2008 that California is now losing income and jobs 
due to the State's water supply crisis.
  If we are to meet the water crises of the future, we need an 
effective research and development effort that provides tools and 
information to manage our water resources effectively. Coordination of 
the 20 Federal agencies responsible for water programs is a logical 
place to start. The 2004 National Academies Report on Federal Water 
Research stated that the United States is not getting its money's worth 
on water resources research because of a lack of coordination.
  The legislation I am introducing today builds on the Bush 
Administration's effort to coordinate Federal research on water 
resources by establishing an interagency committee--the Subcommittee on 
Water Availability and Quality (SWAQ) of the National Science and 
Technology Council. The bill codifies this subcommittee and provides it 
explicit Congressional authorization.
  The bill also incorporates recommendations from the 2004 report by 
the National Academies of Science entitled, Confronting the Nation's 
Water Problems: The Role of Federal Research to strengthen the 
committee's role in setting priorities and developing an integrated 
budget to support research on water resources. The Academy's report 
indicated that SWAQ is an effective forum for agencies to share 
information about their efforts on water. However, the report 
identified several issues that needed to be addressed to make SWAQ an 
effective coordinating body.
  This bill strengthens the budget function for SWAQ through 
participation of OMB on the subcommittee. In addition, SWAQ is directed 
to engage in outreach activities to develop connections to state and 
local governments, to a wider community of stakeholders, and to the 
public. These recommendations, and others, helped to form the basis of 
the initiative.
  The Science and Technology Committee held hearings in 2008 to examine 
the problems associated with dwindling water supplies across the Nation 
and to receive testimony as to the recommended role of the Federal 
Government in meeting these challenges.
  Witnesses at these hearings offered recommendations for improving the 
legislation and their suggestions were incorporated into the introduced 
language including the following: additional research outcomes, better 
mechanisms for public involvement, and improved facilitation of 
communication and outreach opportunities with non-governmental 
organizations.
  It is critical that we actively pursue technological innovations to 
ensure future water supplies, and that Federal dollars spent on these 
efforts are utilized in a cost-effective manner. I offer this 
legislation to improve and coordinate Federal research and development 
efforts on water. I urge my colleagues to support the legislation and 
to speed its enactment into law.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                             HON. JO BONNER

                               of alabama

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. BONNER. Madam Speaker, pursuant to the House Republican standards 
on earmarks, I am submitting the following information for publication 
in the Congressional Record regarding earmarks I received as part of 
H.R. 1105, the Omnibus Appropriations Act, 2009.
  Project Name: Mobile Harbor Turning Basin.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Army Corps of Engineers, Construction General Account.
  Legal Name of Requesting Entity: Alabama State Port Authority.
  Address of Requesting Entity: 250 North Water Street, Suite 300, 
Mobile, AL 36602.
  Description of Request: Provide $4.785 million to construct the 
Mobile Harbor Turning Basin project as authorized by the Water 
Resources Development Act of 1986 (PL99-662 Ninety-ninth Congress, 
Second Session) under the U.S. Army Corps of Engineers--Construction 
General Account. Initial project request anticipated expenditures of 
.04 percent will be used for land; .11 percent will be used for 
navigation aids; .11 percent for removal of existing concrete debris; 
3.97 percent for mobilization, preparation and demobilization of a 26 
CY Bucket Dredge; 4.20 percent for mobilization, preparation and 
demobilization of a 30 inch Pipeline Dredge; 67 percent for the removal 
of and placement in designated dredge disposal areas approx. 2,699,232 
cubic yards of dredged material; 5.32 percent for planning, engineering 
and design work; 2.42 percent for construction management; 12.57 
percent in project construction contingency; and 3.83 percent in 
project escalation. The U.S. Army Corps of Engineers conducted an 
Environmental Assessment in accordance with Engineer Regulation (ER) 
200-2-2, Procedures for Implementing the National Environmental Policy 
Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations 
for Implementing Procedural Provisions of the National Environmental 
Policy Act (40 Code of Federal Regulations (CFR) Pts. 1500-1508) 
resulting in a FINDING OF NO SIGNIFICANT IMPACT (FONSI). Construction 
of the authorized turning basin has been evaluated by the U.S. Army 
Corps of Engineers through the Corps General Reevaluation Report (GRR) 
to alleviate harbor delays and improve safety conditions, and reflects 
a benefit-to-cost ratio of 3.46 to 1. This project is permitted. This 
request is consistent with the intended and authorized purpose of U.S. 
Army Corps of Engineers General Construction account. The Alabama State 
Port Authority, the 10th largest port in the U.S., is the federally 
designated local sponsor for the Port of Mobile Harbor and will provide 
the 25 percent cost share for the Mobile Harbor Turning Basin project. 
The Alabama State Port Authority's 25 percent cost share funding is 
secured. Turning basin will help serve a new container terminal, coal 
terminal and two raw material terminals.
  Project Name: Mobile Harbor.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Army Corps of Engineers, Operations and Maintenance.
  Legal Name of Requesting Entity: Alabama State Port Authority.
  Address of Requesting Entity: 250 North Water Street, Suite 300, 
Mobile, Alabama 36602.
  Description of Request: Provide $20.014 million for normal Operations 
and Maintenance of the Mobile Harbor Project, Mobile Alabama. Mobile 
Harbor is the nation's 10th largest port and is critical to the 
movement of a variety of products necessary for the nation's economy. 
Mobile Harbor handles 59 million tons of cargo annually and serves a 
wide range of Alabama and southeastern industries. Approximately 
$20.014 million of these funds will be used for maintenance dredging of 
the bay and river channels, as well as for condition surveys, dredging 
surveys, disposal area maintenance and ESA/WQC coordination. This 
request is consistent with the intended and authorized purpose of the 
Army Corps of Engineers, Operations and Maintenance account.
  Project Name: Coosa-Alabama River Lakes.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Army Corps of Engineers, Operations & Maintenance.
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, Mobile 
District.
  Address of Requesting Entity: USACE Mobile District, 109 St. Joseph 
Street, Mobile, Alabama 36602.
  Description of Request: Provide $17 million for normal operations and 
maintenance of the Alabama River navigation channel as authorized by 
the River and Harbor Act of 1947. Initial project request anticipated 
expenditure of 4 percent will be used for environmental stewardship; 45 
percent will be used for hydropower maintenance; 29 percent will be 
used

[[Page 5488]]

for navigation; 19 percent will be used for continued maintenance on 
public access sites; and 3 percent will be used for other project 
expenses.
  Project: Scanning Hydrographic Operational Airborne LiDAR Survey 
Systems.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Army Corps of Engineers, Operations and Maintenance.
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, Mobile 
District.
  Address of Requesting Entity: USACE Mobile District, 109 St. Joseph 
Street, Mobile, AL 36602.
  Description of Request: Provide $13.9 million to acquire data 
collection in the Gulf of Mexico under the National Coastal Mapping 
Program and facilitate the deployment of LiDAR technology under the 
Coastal Zone Mapping Imaging LiDAR (CZMIL) program. Approximately, 50 
percent will provide funds to perform routine coastal mapping 
activities and for completion of CZMIL detailed design to include 
construction and assembly of sensor sub-systems; 14 percent will be 
utilized to accelerate CZMIL development into fabrication phase, 14 
percent will allow for the completion of coastal mapping activities on 
the west coast in southern CA; 7 percent will be used for exhaustive 
CZMIL component tests to reduce risk in the fabrication phase; 13 
percent will initiate surveys on the Gulf coast in the state of Texas. 
LiDAR Survey System will provide coastal mapping and charting along the 
coast to reflect changes due to recent hurricanes and to serve as a 
part of a master program for U.S. emergency preparedness and response.
  Project Name: Auburn University Bioenergy and Bioproducts Laboratory
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Department of Energy, EERE--Biomass Biorefinery Systems R&D.
  Legal Name of Requesting Entity: Auburn University.
  Address of Requesting Entity: 202 Samford Hall, Auburn, AL 36849.
  Description of Request: Provide $951,500 to fund the continued 
development of a comprehensive, interdisciplinary bioenergy and 
bioproducts laboratory at Auburn University. The funds will be expended 
for research on systems to produce alternatives to petroleum based 
fuels--i.e., biofuels and other bioproducts. Outcomes of this research 
will reduce our dependence on foreign oil, reduce the production of 
greenhouse gases, and will revitalize our local economies. The initial 
project request anticipated expenditures of approximately 50 percent 
will be used for laboratory equipment; 10 percent will be used for 
laboratory supplies; 37 percent will be used for laboratory personnel; 
2 percent will be used for travel to collect data and present research 
results. Matching non-federal funds will come from Auburn University. 
No funds will come from nongovernmental source and no funds will be 
disbursed to other private/public entities.
  Project Name: U.S. HWY 43 Main, Jackson, Alabama.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Environmental Protection Agency, State & Tribal Grants.
  Legal Name of Requesting Entity: City of Jackson, Alabama.
  Address of Requesting Entity: 400 Commerce Street, Alabama 36545.
  Description of Request: Provide $500,000 to establish Phase I of an 
expansion of the water system between Jackson, AL and Grove Hill, AL. 
The total cost of Phase 1 is projected to be $4,981,800.00, which 
includes approximately, $3,492,000.00 to provide lengths of 24-inch 
water main; $65,000.00 for ten 24-inch gate valves, boxes, and markers; 
$300,000 for 800 road bores, setup, casings, and carrier pipe; $25,000 
for five fire hydrant assemblies; and $450,000 for a water booster 
station upgrade. An additional $649,800 is estimated for engineering 
and design costs associated with phase I. The expansion is needed to 
provide clean drinking water and infrastructure support for existing 
jobs and to attract new jobs in Jackson and regionally. This request is 
consistent with the authorized purpose of the EPA's STAG account. The 
City of Jackson will provide or cause to be provided a minimum of a 45-
percent matching cost share.
  Project Name: Historic Blakeley Park Spanish Fort.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: National Park Service, Save America's Treasures.
  Legal Name of Requesting Agency: Historic Blakeley Authority.
  Address of Requesting Entity: 34745 State Highway 225, Spanish Fort, 
Alabama 36577.
  Description of Request: Provide $50,000 to establish infrastructure 
such as water, power and sewer to public areas of Blakeley State Park. 
Approximately 60 percent will be used for materials and supplies; 30 
percent will be used for labor and equipment; 10 percent will be used 
for professional service and fees. Blakeley Park, which commemorates 
the site of the last battle of the Civil War, is a National Historic 
Register site and also serves as a training area for the Alabama 
National Guard. Funding will be matched by Blakeley Park and will 
prevent further damage to the park and allow the extension of water and 
power lines to areas currently without utilities.
  Project Name: University of South Alabama, Mitchell Cancer Institute, 
Emerging Technologies Radiotherapy and the Disaster Medical Training 
Center.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Department of Health & Human Services, HRSA, Health 
Facilities and Services.
  Legal Name of Requesting Entity: The University of South Alabama.
  Address of Requesting Entity: 307 University Boulevard, AD 131, 
Mobile, AL 36688.
  Description of Request: Provide $951,000 for facilities and equipment 
at the University of South Alabama Mitchell Cancer Institute (MCI) and 
the Disaster Medical Training Center (DMTC). The initial project 
request anticipated expenditures of approximately 50 percent will be 
used to fund 7,500-foot expansion of the MCI, including the purchase of 
two high-energy radiation vaults and MRI/Gamma irridation 
``Renaissance'' technology, for which the university has also committed 
funds. The second 50 percent will be used for equipment and 
infrastructure development of the DMTC. Approximately 12 percent of 
these funds will be used for a high performance server with 
workstations; 36 percent will be used for two METI i-STAN human patient 
simulators, 9 percent will be used for five high resolution projectors, 
projection screens, and laptops; 2 percent will be used for cameras and 
sound equipment for videoconferencing; 19 percent will be used for 
software licenses needed to run simulations and visualizations; 20 
percent will be used to renovate existing space. The DMTC equips 
hospitals, first responders, and public safety officials with the 
necessary real-time information and integrated systems to prepare for 
and manage patients and communities' critical health and safety needs 
in the event of a disaster.
  Project Name: University of Alabama, West Alabama Autism Outreach.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Department of Health and Human Services, HRSA, Health 
Facilities and Services.
  Legal Name of Requesting Entity: The University of Alabama.
  Address of Requesting Entity: 201 Rose Administration Building, 
Tuscaloosa, AL 35487-0117.
  Description of Request: Provide $666,000 to establish a regional 
autism center that provides clinical services, professional education, 
and research at the University of Alabama. The initial project request 
anticipated expenditures of approximately 63 percent will be used to 
establish a central university-based autism clinic that will provide 
interdisciplinary diagnostic and treatment services to individuals with 
autism; 25 percent will be used to establish a satellite clinic in the 
rural, impoverished Black Belt region of Alabama; 12 percent will be 
used to create a coordinated clinical and research database. This 
request would be combined with $95,000 in matching funds from the 
Alabama Council for Developmental Disabilities. Autism spectrum 
disorders affect 1 in every 150 individuals including approximately 
300,000 in Alabama. A regional center that provides diagnostics 
services, intervention services, and professional education in both 
urban and rural areas answers a critical public health need in the west 
Alabama community and should greatly improve the quality of life of 
individuals with autism and their families.
  Project Name: Alabama Institute for the Deaf and Blind, Employment 
and Education Training.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Department of Labor, Employment and Training Administration 
(ETA), Training and Employment Services (TES).
  Legal Name of Requesting Entity: Alabama Institute for Deaf and Blind 
(AIDB).
  Address of Requesting Entity: 1050 Government Street, Mobile, Alabama 
36604.
  Description of Request: Provide $190,000 to develop and implement a 
collaborative employer training and job development program

[[Page 5489]]

for significantly disabled citizens with hearing and vision loss in 
southwest Alabama. The initial project request anticipated expenditures 
of approximately 77 percent will be used for job coach development; 17 
percent will be used for assistive technology; and 5 percent will be 
used for employer training. High unemployment and low income statistics 
for deaf and blind adults are critical national issues while 70 percent 
of blind individuals are unemployed and more than a third of deaf 
adults earn 60 percent less than their hearing peers. This program will 
focus on job development through assistive technology and employer 
training in working with disabled employees, part of a statewide 
education effort to be matched 33 percent by AIDB.
  Project Name: Gulf Coast Flood Elevation Study, Baldwin County.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Dept. of Commerce, NOAA--Program Support, Operations, 
Research and Facilities.
  Legal Name of Requesting Entity: Baldwin County Commission.
  Address of Requesting Entity: 312 Courthouse Square, Suite 12, Bay 
Minette, Alabama 36507.
  Description of Request: Provide $1,000,000 to complete a Gulf Coast 
flood elevation study in Baldwin County, Alabama. Approximately, 60 
percent is for hydrological assessment and engineering; 20 percent for 
flood management plan development; 5 percent for flood mapping; 7.5 
percent for potable water study; and 7.5 percent for waste water study. 
Focus of study is to update and expand current FEMA flood maps, which 
were not adequately updated post-Hurricane Katrina, for this Gulf-front 
county in order to ensure proper rebuilding and new construction in 
this region.
  Project Name: Gulf Coast Flood Elevation Study, Mobile County.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Dept. of Commerce, NOAA-Program Support, Operations, 
Research Facilities.
  Legal Name of Requesting Entity: Mobile County Commission.
  Address of Requesting Entity: 205 Government Street, Mobile, Alabama 
36644.
  Description of Request: Provide $1,000,000 to complete a Gulf Coast 
Flood Elevation Study in Mobile County, Alabama. Approximately, 45 
percent is for flood elevation modeling; 20 percent for engineering and 
surveying; 20 percent for mapping; and 15 percent for administration, 
management, and quality assurance and control. This request is intended 
to aid in meeting the need for revised flood mapping in the coastal 
areas of Mobile County. Focus of study is to update and expand current 
FEMA flood maps, which were not adequately updated post-Hurricane 
Katrina, for this Gulf-front county in order to ensure proper 
rebuilding and new construction in this region.
  Project Name: Zerometh Methamphetamine (METH) Campaign.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Dept. of Justice, COPS Law Enforcement Technology.
  Legal Name of Requesting Entity: Alabama District Attorneys 
Association.
  Address of Requesting Entity: 515 South Perry Street, Montgomery, 
Alabama 36104.
  Description of Request: Provide $500,000 to fund marketing, 
production and media placement for the Alabama statewide ZEROMETH 
Public Awareness Campaign--an awareness effort aimed at teens to 
discourage METH use. Approximately, 50 percent will be used to create, 
film, photograph, edit and purchase three TV commercials, outdoor, 
radio and print ads and support staff; 30 percent will be used for 
media flights/buys in designated market areas of Alabama; 10 percent 
will be used for creation and production of ZEROMETH brochure, training 
DVD and distribution material, 5 percent will be used for monitoring, 
maintenance and update of ZEROMETH website; and 5 percent will be used 
for high school presentation materials, displays and interactive 
educational vehicles. Campaign will allow statewide deployment of the 
only meth awareness public health campaign in Alabama targeting teens 
and young adults in a state that is home to the most meth incidents 
among Gulf Coast states and that has seen an increase in local Mexican 
drug trafficking organizations (DTO) trafficking of a more pure form of 
meth known as ``ice.'' This request will be supported in matching funds 
and contributions.
  Project Name: Team Focus Youth Mentoring Program.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Department of Justice, Juvenile Justice Programs.
  Legal Name of Requesting Entity: Team Focus, Inc.
  Address of Requesting Entity: 1105 Hillcrest Road, Suite A, Mobile, 
AL 36695.
  Description of Request: Provide $500,000 for ``Team Focus, Inc.,'' a 
501(c)3 non-profit organization, to provide fatherless young men in 
southwest Alabama with leadership skills, guidance, spiritual and moral 
values, and a continuing relationship with a carefully selected adult 
mentor. In addition, Team Focus will host a model leadership camp 
training program uniquely designed to: provide guidance and support to 
young men who do not have a father in their home; encourage young men 
in academics, athletics, social skills, and moral and spiritual values; 
develop leadership skills and teamwork; motivate boys to strive for 
higher positive goals and achieve victories; create a safe environment 
for young men to grow in society; and build support through work with 
families, teachers, counselors, and positive role models. This federal 
earmark will be combined with matching private contributions.
  Project Name: Law Enforcement Technology, Gulf Shores, Alabama.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Department of Justice, COPS Law Enforcement Technology.
  Legal Name of Requesting Entity: City of Gulf Shores, Alabama.
  Address of Requesting Entity: 1905 West 1st Street, Gulf Shores, 
Alabama 36547.
  Description of Request: Provide $350,000 to provide wireless 
communications to police vehicles and provide security cameras to pubic 
beach and park areas. Initial project request anticipated expenditures 
of 45 percent will be used for mobile units; 15 percent will be used 
for hand held units; 12 percent will be used for base units; 15 percent 
will be used for repeaters; 11 percent will be used for installation 
costs; and 2 percent will be used for permit/FCC licenses. Current 
communications equipment has serious coverage problems which poses a 
threat to officer safety and is not P-25 compliant, as required by the 
FCC by year 2013. Funding will also aid police in monitoring drug 
trafficking in this high traffic area. Gulf Shores, a city of 7,000, 
swells to well over 25,000 on weekdays and 75,000 to 100,000 on 
weekends, in the spring and summer months. The City of Gulf Shores will 
provide matching funds.
  Project Name: Perdido Pass Inlet Study, Orange Beach, Alabama.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Department of Commerce, NOAA--Program Support Operations, 
Research and Facilities.
  Legal Name of Requesting Entity: City of Orange Beach.
  Address of Requesting Entity: P.O. Box 458, Orange Beach, Alabama.
  Description of Request: Provide $250,000 to fund a study to be used 
in conjunction with the U.S. Army Corps of Engineers (USACE) to 
implement recommended improvements to sand disposal around the 
navigation channel at Perdido Pass, located in Orange Beach, Alabama. 
The initial request anticipated expenditures of approximately 66 
percent for economic and environmental analysis engineering, surveying, 
and modeling; 23 percent for environmental modeling and analysis; 10 
percent for component integration. The City of Orange Beach itself has 
invested tens of millions of dollars to renourish and protect its Gulf-
front and interior shorelines, which are often altered by hurricanes. 
The channel is used by local industry as well as for recreation. The 
study will develop and evaluate sand disposal practices in order to 
conserve and reuse sand that collects within the inlet for future 
renourishment. Proper sand management will also provide a source of 
fill material for environmental habitat protection.
  Project Name: Runway 18/36 and Taxiway Rehabilitation, Mobile, 
Alabama.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: THUD, FAA, Airport Improvement Program.
  Legal Name of Requesting Entity: Mobile Airport Authority.
  Address of Requesting Entity: 8400 Airport Blvd., Mobile, Alabama 
36608.
  Description of Request: Provide $1,900,000 through the Airport 
Improvement Program, implemented by the FAA, to rehabilitate and 
strengthen Runway (RW) 18/36 and its parallel Taxiway ``R'' (TW-R) at 
Mobile Regional Airport (MOB). Initial project request anticipated 
expenditures of 7 percent will be used for milling; 67 percent for 
asphalt; 2 percent

[[Page 5490]]

for markings; 1 percent for grooving; 9 percent for shoulder 
redressing; 17 percent for engineering. The Mobile Airport Authority's 
required cost share is secured. RW 18/36 and TW-R have begun 
unraveling, creating a safety hazard for aircraft traffic. 
Strengthening of the surfaces is necessary to support the type of 
aircraft that will be taxiing across RW18/36 and on TW-R to access the 
aircraft maintenance and assembly complex located off TW-R. This 
project will be completed by adhering to all FAA standards for airport 
construction and development, and the Mobile Airport Authority will 
provide matching funds as needed.
  Project Name: Atmore, Alabama Municipal Airport.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: THUD, FAA, Airport Improvement Program.
  Legal Name of Requesting Entity: City of Atmore.
  Address of Requesting Entity: 201 East Louisville Avenue, Atmore, 
Alabama 36502.
  Description of Request: Provide $1,140,000 to upgrade and improve the 
Atmore Municipal Airport in Atmore, Alabama. Funding is to be used to 
provide renovations from hurricane-related losses during Hurricane Ivan 
in 2004; to improve airport safety zones; and to construct an 
additional access road to the airport which will provide direct access 
to the highway and open an additional 43 acres for industrial 
development. The City of Atmore has spent considerable amounts of its 
own resources to improve and diversify its local economy, and 
improvements to the airport will assist the City and region to attract 
industry to Atmore. This project is consistent with the intended and 
authorized purpose of the Transportation-Airports account.
  Project Name: US HWY 43 Lighting, Thomasville, Alabama.
  Requesting Member: Congressman Jo Bonner.
  Bill Number: H.R. 1105.
  Account: Federal HWY Administration, Transportation and Community and 
System Preservation.
  Legal Name of Requesting Entity: City of Thomasville.
  Address of Requesting Entity: 137 Adams Avenue, Thomasville, Alabama 
36784.
  Description of Request: Provide $380,000 to provide lighting for U.S. 
Highway 43 in Thomasville, Clarke County, AL from mile marker 90 to 
mile marker 87. This commercial corridor in southwest Alabama is one of 
the most rapidly developing commercial and industrial areas between 
Mobile and Tuscaloosa, AL. Adequate lighting is needed to illuminate 
this area for safety and to encourage additional development. This area 
includes entrances to two industrial parks, a proposed medical center, 
Alabama Southern Community College, and the main thoroughfare to all of 
the City's schools and related facilities.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. JOE BARTON

                                of texas

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. BARTON of Texas. Madam Speaker, I rise today to submit 
documentation consistent with the Republican Earmark Standards.

  Requesting Member: Congressman Joe Barton.
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Account: Buses and Bus Facilities.
  Legal Name of Receiving Entity: Fort Worth Transportation Authority 
(The T).
  Address of Receiving Entity: 1600 E. Lancaster Avenue, Fort Worth, TX 
76102.
  Description of Request: I have secured $1,425,000 in funding in H.R. 
1105 in the Buses and Bus Facilities account for CNG bus replacement by 
The T, Fort Worth, TX. The funding will be used to purchase coaches to 
replace the oldest vehicles in The T's fleet to be completed by October 
31, 2010.

  Requesting Member: Congressman Joe Barton.
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Account: Elementary and Secondary Education (includes FIE).
  Legal Name of Receiving Entity: Ennis Independent School District.
  Address of Receiving Entity: 303 W. Knox, Ennis, TX 75120.
  Description of Request: I have secured $238,000 in funding in H.R. 
1105 in the Elementary and Secondary Education (includes FIE) account 
for the Alternative Learning Center, Ennis ISD, Ennis, TX. The funding 
will be used to establish an alternative approach to education for some 
of its most needy students. The Alternative Learning Center (ALC) will 
provide flexible hours for students to take core academic subjects 
needed for graduation as well as to participate in a variety of work/
study programs to be better prepared for the workforce.

  Requesting Member: Congressman Joe Barton.
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Account: Higher Education (includes FIPSE).
  Legal Name of Receiving Entity: University of Texas at Arlington.
  Address of Receiving Entity: 701 South Nedderman Drive, Arlington, TX 
76019.
  Description of Request: I have secured $143,000 in funding in H.R. 
1105 in the Higher Education (includes FIPSE) account for the 
University of Texas at Arlington Systems Engineering Testbed: Systems 
Engineering Learning and Research Reinvented. The funding will be used 
to provide a unique simulation environment for students to study, 
predict performance, and analyze changes prior to project 
implementation; provide access to systems engineering tools at various 
phases of a project lifecycle; and serve as a resource for systems 
engineers to utilize for training.

  Requesting Member: Congressman Joe Barton.
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Account: EERE.
  Legal Name of Receiving Entity: University of Texas at Arlington.
  Address of Receiving Entity: 701 South Nedderman Drive, Arlington, TX 
76019.
  Description of Request: I have secured $1,403,463 in funding in H.R. 
1105 in the EERE account for the Center for Renewable Energy, Science 
and Technology (CREST). The funding will be used to build state-of-the-
art facilities at UT Arlington. This funding will enable CREST 
researchers to fully explore National energy objectives by studying (1) 
alternative energy technologies, including clean coal, biomass 
feedstock, solar photovoltaic devices, wind, and fuel cells; (2) cost-
effective delivery of energy for both vehicles and electric power 
generation via optimal planning and management of hydrogen distribution 
and power grid integration; and (3) intelligent energy decision-making, 
including power monitoring, environmental, and economic issues.

  Requesting Member: Congressman Joe Barton.
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Account: COPS Law Enforcement Technology.
  Legal Name of Receiving Entity: City of Arlington.
  Address of Receiving Entity: 101 W. Abram St., Arlington, TX 76004-
3231.
  Description of Request: I have secured $500,000 in funding in H.R. 
1105 in the COPS Law Enforcement Technology account for the City of 
Arlington, TX. The funding will be used to purchase interoperable 
communications equipment and to help equip a secure, integrated Police, 
Fire, and Transportation preparedness and emergency response center in 
Arlington's Entertainment District (Texas Rangers Ballpark in 
Arlington, Six Flags Over Texas, the Arlington Convention Center, the 
GloryPark development and the Dallas Cowboys Stadium Complex).

  Requesting Member: Congressman Joe Barton.
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Account: Corps of Engineers, Construction.
  Legal Name of Receiving Entity: City of Arlington.
  Address of Receiving Entity: 101 W. Abram St., Arlington, TX 76004-
3231.
  Description of Request: I have secured $1,914,000 in funding in H.R. 
1105 in the Corps of Engineers, Construction account for Johnson Creek, 
City of Arlington, TX. The funding will be used to reduce flood damage, 
stabilize Johnson Creek's streambed and stream valley, restore riparian 
areas and wildlife habitats, mitigate and prevent silt accumulation, 
improve water quality and provide an important recreational amenity 
that traverses the entire City of Arlington.

  Requesting Member: Congressman Joe Barton.
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Account: Facilities and Equipment (FAA).
  Legal Name of Receiving Entity: City of Arlington.

[[Page 5491]]

  Address of Receiving Entity: 101 W. Abram St., Arlington, TX 76004-
3231.
  Description of Request: I have secured $963,300 in funding in H.R. 
1105 in the Facilities and Equipment (FAA) account for the Medium 
Approach Lighting System, Arlington Municipal Airport, Arlington, TX. 
The funding will be used for construction and installation of a Medium 
Approach Lighting System at the Arlington Municipal Airport to 
supplement and enhance the existing Instrument Landing System (1LS) for 
Runway 34.

  Requesting Member: Congressman Joe Barton.
  Bill Number: H.R. 1105--FY 2009 Omnibus Appropriations Act.
  Account: Economic Development Initiatives.
  Legal Name of Receiving Entity: Arlington Chamber of Commerce.
  Address of Receiving Entity: 505 East Border, Arlington, TX 76010.
  Description of Request: I have secured $190,000 in funding in H.R. 
1105 in the Economic Development Initiatives account for the Center for 
Innovation. The funding will be used to complete The Center for 
Innovation at Arlington, TX.

                          ____________________




                  INFRASTRUCTURE ENHANCEMENT PROJECTS

                                 ______
                                 

                           HON. BILL SHUSTER

                            of pennsylvania

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. SHUSTER. Madam Speaker, I submit for the Record a letter to the 
Honorable Nancy Pelosi, the Honorable John Olver, and the Honorable 
Dave Obey from myself and Chairwoman Corrine Brown regarding 
infrastructure enhancement projects included in the economic stimulus 
bill and the potential impact on existing utility infrastructure.

                                               Washington, DC,

                                                February 12, 2009.
     Hon. Nancy Pelosi,
     Office of the Speaker, H-232, U.S. Capitol, Washington, DC.
     Hon. John Olver,
     Chairman, Trans-HUD Subcommittee, Room 2358-A, Rayburn HOB, 
         Washington, DC.
     Hon. Dave Obey,
     Chairman, House Appropriations Committee, H-218, U.S. 
         Capitol, Washington, DC.
       Dear Colleagues:  As the Chairwoman and Ranking Member of 
     the Transportation and Infrastructure Committee Railroads, 
     Pipelines, and Hazardous Materials Subcommittee, we wanted to 
     take this opportunity to bring to your attention a serious 
     issue impacting utility infrastructure and ratepayers.
       The economic stimulus bill that we are debating directs 
     billion of dollars toward infrastructure enhancement 
     projects--with a significant portion allocated for highway 
     construction. As is common with highway projects, their 
     construction may require the relocation of existing utility 
     infrastructure located within the existing public right-of-
     way or adjacent to the right-of-way, including natural gas 
     distribution pipelines and power lines (both overhead and 
     underground). With the substantial increase in federal 
     funding provided by the stimulus package to states, counties 
     and cities for highway projects, it is our understanding that 
     utilities want to make sure that their customers are not 
     asked to absorb major new and unforeseen costs.
       As you may know, the current blueprint for how natural gas 
     and electric utilities are reimbursed for these relocation 
     costs is not uniform. Some states have laws or policies that 
     allow for federal highway funds to be used to cover all or a 
     portion of the costs of relocation. However, in many states, 
     utilities are not reimbursed and these costs are ultimately 
     borne by utility ratepayers. These increased costs to 
     ratepayers could potentially negatively impact the goals of 
     the stimulus package by creating a de facto ``economic 
     stimulus bill'' surcharge in their future rates.
        Additionally, pipeline and power line relocation 
     associated with highway construction are often hampered by a 
     lack of coordination and communication between the highway 
     authorities and utilities. This can result in project delays 
     and interruption of utility service. With the large number of 
     projects that will be funded by the stimulus, there is a need 
     for an effective consultative process under which utility 
     companies and highway project mangers would discuss and can 
     reach agreement on construction scheduling. Such a process 
     would allow all parties to discuss the timing of construction 
     and relocation and secure the availability of labor and 
     material so that the projects funded by the stimulus bill can 
     advance expeditiously.
        Let's make these taxpayer dollars work effectively by 
     ensuring that highway infrastructure projects not only 
     proceed in a coordinated and efficient manner but also allow 
     utilities to be fairly reimbursed.
       We appreciate your attention to this important matter and 
     look forward to working with you to advance the economy of 
     our country while protecting the interests of taxpayers and 
     utility rate payers.
           Sincerely,
     Bill Shuster,
       Member of Congress.
     Corrine Brown,
       Member of Congress.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. VERNON J. EHLERS

                              of michigan

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. EHLERS. Madam Speaker, pursuant to the House Republican standards 
on earmarks, I am submitting the following information for publication 
in the Congressional Record regarding earmarks I received as part of 
H.R. 1105, the Omnibus Appropriations Act, 2009.
  Requesting Member: Congressman Vernon J. Ehlers.
  Bill Number: H.R. 1105.
  Account: Cooperative State Research Education and Extension Service--
SRG.
  Legal Name of Requesting Entity: Michigan State University College of 
Agriculture and Natural Resources.
  Address of Requesting Entity: 102 Agriculture Hall, East Lansing, 
Michigan 48824.
  Description of Request: Provide $266,000 for Sustainable Agriculture: 
Expanding and Refining the Ecosystem Base (Sustainable Agriculture). 
The funding will be used for research to assist farmers on sustainable 
agriculture practices to help farmers manage their crops for excellent 
yields, while reducing fertilizer and pesticide use and stemming 
nutrient losses to ground and surface water. Approximately, $385,000 is 
for salaries of 11 researchers; $15,000 is for travel expenses; $10,000 
is for farmer stipends; $25,000 is for materials and supplies; and 
$65,000 is for communication and outreach. Michigan State University 
expects to leverage at least $150,000 in state, local, and private 
funds.
  Bill Number: H.R. 1105.
  Account: Cooperative State Research Education and Extension Service--
SRG.
  Legal Name of Requesting Entity: Michigan State University College of 
Agriculture and Natural Resources.
  Address of Requesting Entity: 102 Agriculture Hall, East Lansing, 
Michigan 48824.
  Description of Request: Provide $346,000 for Phytophthora Capsici 
research. The funding will be used for researching this fungal-like 
pathogen that lives in the soil and causes plants to rot. This funding 
will go towards salaries of researchers, laboratory and field 
equipment, travel expenses, and publication or results. This program 
receives other federal/state/local/industry funding.
  Bill Number: H.R. 1105.
  Account: Cooperative State Research Education and Extension Service--
SRG.
  Legal Name of Requesting Entity: Michigan State University College of 
Agriculture and Natural Resources.
  Address of Requesting Entity: 102 Agriculture Hall, East Lansing, 
Michigan 48824.
  Description of Request: Provide $346,000 for Controlling Fire Blight 
Disease of Apple Trees. The funding will be used for research to 
develop blight-resistant varieties and new, environmentally responsible 
control strategies to combat this disease. Approximately, $148,000 is 
for the salaries of laboratory and field research personnel and $36,000 
is for materials and supplies. Michigan State University (MSU) has 
obtained funding from the Michigan Apple Committee and industry sources 
and will continue to fund the fire blight research at MSU at a level of 
$52,500 in FY09.
  Bill Number: H.R. 1105.
  Account: Cooperative State Research Education and Extension Service--
SRG.
  Legal Name of Requesting Entity: Michigan State University College of 
Agriculture and Natural Resources.
  Address of Requesting Entity: 102 Agriculture Hall, East Lansing, 
Michigan 48824.
  Description of Request: Provide $147,000 for Improving the 
Sustainable Production of Specialty Crops (Improved Fruit Practices). 
The funding will be used for research to assist growers in producing 
high quality fruit, dry beans, and sugar beets with environmentally 
sound, safe, and effective pest control methods and management 
approaches. Approximately, $131,440 is for salaries and expenses and 
the remainder is for lab maintenance and equipment. In addition to the 
federal funds provided by this grant, this research is supported by 
personnel, equipment, and facilities funded by the Michigan 
agricultural Experiment Station and Michigan State University 
Extension.
  Bill Number: H.R. 1105.
  Account: Natural Resources Conservation--Conservation Operations.

[[Page 5492]]

  Legal Name of Requesting Entity: Great Lakes Commission.
  Address of Requesting Entity: 2805 S. Industrial Hwy, Suite 100, Ann 
Arbor, MI 48104-6791.
  Description of Request: Provide $404,000 for the Great Lakes Basin 
Program for Soil Erosion and Sediment Control. This funding will 
protect and improve Great Lakes water quality by controlling erosion 
and sedimentation; limiting the input of associated nutrients and toxic 
contaminants; and minimizing off-site sources of damage to harbors, 
streams, fish and wildlife habitat, recreational facilities and the 
Basin's system of public works.
  Bill Number: H.R. 1105.
  Account: Office of Justice Programs--Juvenile Justice.
  Legal Name of Requesting Entity: Our Community's Children.
  Address of Requesting Entity: 300 Monroe Ave NW, Grand Rapids, MI 
49503.
  Description of Request: Provide $500,000 for extending the length of 
summer after-school programming and expand after-school programs that 
serve high school youth.
  Bill Number: H.R. 1105.
  Account: Corps of Engineers--Investigations.
  Legal Name of Requesting Entity: Army Corps of Engineers, Great Lakes 
and Ohio River Division.
  Address of Requesting Entity: 550 Main Street, Room 10032, 
Cincinnati, Ohio, 45202.
  Description of Request: Provide $1,195,000 for the Great Lakes 
Remedial Action Plans to help states and local communities plan and 
implement contaminated sediment remediation projects in Great Lakes 
Areas of Concern.
  Bill Number: H.R. 1105.
  Account: Corps of Engineers--Construction.
  Legal Name of Requesting Entity: Army Corps of Engineers, Great Lakes 
and Ohio River Division.
  Address of Requesting Entity: 550 Main Street, Room 10032, 
Cincinnati, Ohio, 45202.
  Description of Request: Provide funding for the Electric Dispersal 
Barrier on the Chicago Ship & Sanitary Canal. This barrier is intended 
to keep aquatic invasive species from entering into the Great Lakes 
from the canal. This request received two line items: $5,750,000 for 
the first dispersal harrier and $500,000 for the second harrier.
  Bill Number: H.R. 1105.
  Account: Corps of Engineers--Construction.
  Legal Name of Requesting Entity: Army Corps of Engineers, Great Lakes 
and Ohio River Division.
  Address of Requesting Entity: 550 Main Street, Room 10032, 
Cincinnati, Ohio, 45202.
  Description of Request: Provide $2,157,000 for the Great Lakes 
Fishery & Ecosystem Restoration program. The Great Lakes sustain a 
nationally and internationally significant fishery that has been 
degraded by habitat losses, contamination, and invasive species. Under 
this program, the Corps will coordinate with other federal, state, and 
local agencies and the Great Lakes Fishery Commission to plan, 
implement, and evaluate projects supporting the restoration of the 
fishery, ecosystem, and beneficial uses of the Great Lakes. This 
program is an important component of the Great Lakes Regional 
Collaboration Strategy.
  Bill Number: H.R. 1105.
  Account: Dept of Energy--Energy Efficiency and Renewable Energy.
  Legal Name of Requesting Entity: City of Grand Rapids.
  Address of Requesting Entity: 300 Monroe Ave., NW., Grand Rapids, MI 
49503.
  Description of Request: Provide $142,725 for installation of a green 
roof. The roof will be installed on the City Building and demonstrate 
to a wide audience the energy savings and best practices for 
maintenance.
  Bill Number: H.R. 1105.
  Account: Health Resources and Services Administration--Health 
Facilities and Services.
  Legal Name of Requesting Entity: Helen DeVos Children's Hospital.
  Address of Requesting Entity: 100 Michigan St., NE., Grand Rapids, MI 
49503.
  Description of Request: Provide $190,000 for the Pediatric 
Hematology, Oncology and Bone Marrow Transplant Clinic and Pediatric 
Infusion Center. Approximately 80 percent of the funds will he used for 
purchasing equipment and 20 percent for technology information 
services.
  Bill Number: H.R. 1105.
  Account: Health Resources and Services Administration--Health 
Facilities and Services.
  Legal Name of Requesting Entity: Metro Health.
  Address of Requesting Entity: 5900 Byron Center Ave., SW., Wyoming, 
MI 49519.
  Description of Request: Provide $95,000 for an electronic medical 
records initiative.
  Bill Number: H.R. 1105.
  Account: Health Resources and Services Administration--Health 
Facilities and Services.
  Legal Name of Requesting Entity: Pine Rest Christian Mental Health 
Services.
  Address of Requesting Entity: 300 68th Street SE; PO BOX 165, Grand 
Rapids, MI 49501.
  Description of Request: Provide $285,000 for an electronic medical 
records initiative. Approximately, 33 percent of the funding will be 
used to purchase servers and a storage device for data system; 33 
percent will be used to purchase software; and 33 percent will be used 
for redundant data lines.
  Bill Number: H.R. 1105.
  Account: Environmental Protection Agency--STAG Water and Wastewater 
Infrastructure Projects.
  Legal Name of Requesting Entity: The City of Grand Rapids, Michigan.
  Address of Requesting Entity: 300 Monroe Avenue NW., Grand Rapids, 
Michigan 49503.
  Description of Request: Provide $500,000 for the City of Grand 
Rapids, Michigan, East Side Combined Sewer Overflow Separation 
Improvements. The City of Grand Rapids has invested $200 million to 
separate combined sewers over the last decade.
  Bill Number: H.R. 1105.
  Account: Buses and Bus Facilities.
  Legal Name of Requesting Entity: City of Belding, Dial-a-Ride.
  Address of Requesting Entity: 100 Depot Street, Belding, MI 48809.
  Description of Request: Provide $99,560 for the City of Belding's 
Dial-a-Ride. This funding will help the Dial-a-Ride acquire a new 
heating and cooling system for the Pere Marquette Depot, where their 
dispatch center is located. It will also help fund exterior lights and 
a fire suppression system at their garage. There is a 20 percent local 
share from the Michigan Department of Transportation.
  Bill Number: H.R. 1105.
  Account: Buses and Bus Facilities.
  Legal Name of Requesting Entity: City of Ionia, Dial-a-Ride.
  Address of Requesting Entity: 251 East Adams Street, Ionia, Michigan, 
48846.
  Description of Request: Provide $216,000 for the City of Ionia's 
Dial-a-Ride. This funding will help the Dial-a-Ride replace two 
vehicles at a cost of $128,000, in addition to enhancing the Technology 
and Interconnectivity between the Dial-a-Ride facility and Ionia City 
Government offices by utilizing fiber optic technology. The remainder 
of the funding will go towards this technology improvement. There is a 
20 percent local share from the Michigan Department of Transportation.
  Bill Number: H.R. 1105.
  Account: Transportation--Capital Investment Grants.
  Legal Name of Requesting Entity: The Rapid.
  Address of Requesting Entity: 300 Ellsworth Avenue, Grand Rapids, 
Michigan, 49503
  Description of Request: Provide $600,000 for The Rapid's South 
Corridor Bus Rapid Transit (BRT) Project. Funding will be used for the 
preliminary design, engineering and environmental work for the 
development of the BRT project. There is a 20 percent state/local 
match.
  Bill Number: H.R. 1105.
  Account: Transportation--Rail Line Relocation and Improvement 
Program.
  Legal Name of Requesting Entity: Michigan Department of 
Transportation.
  Address of Requesting Entity: Grand Region Office, 1420 Front Avenue, 
Grand Rapids, Michigan, 49504.
  Description of Request: Provide $3,800,000 for the construction of a 
rail spur, switch, and station for relocating the Amtrak rail line and 
station into the Rapid Central Station, the main public transportation 
hub in Grand Rapids. This project has a 10 percent local/state match.
  Bill Number: H.R. 1105.
  Account: Economic Development Initiatives.
  Legal Name of Requesting Entity: Kent County Convention Arena 
Authority.
  Address of Requesting Entity: 303 Monroe Avenue, NW., Grand Rapids, 
Michigan, 49503.
  Description of Request: Provide $142,500 for the planning, design and 
construction of an outdoor amphitheater and support facilities at 
Millennium Park.

                          ____________________




     TRIBUTE TO ``BLACK CROSSROADS: THE AFRICAN DIASPORA IN MIAMI''

                                 ______
                                 

                         HON. KENDRICK B. MEEK

                               of florida

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. MEEK of Florida. Madam Speaker, today I rise to recognize and 
commemorate the grand opening of the historic exhibition,

[[Page 5493]]

Black Crossroads: The African Diaspora in Miami. The exhibit, which 
will be on display at the Historical Museum of Southern Florida from 
March 5, 2009 to January 24, 2010, depicts the diverse groups of the 
African Diaspora who have come to settle, work and struggle for freedom 
in Miami since its incorporation in 1896 to the present day.
  Celebrating the diversity and richness, Black Crossroads: The African 
Diaspora in Miami explores the enduring presence and impact of African-
Americans, Africans, black Caribbeans, and black Hispanics in Miami. 
The many significant political, economic and cultural contributions are 
shown through historic photographs, oral histories, memorabilia, film/
video, and artifacts. These contributions will be related to black 
pioneers, families, laborers, communities, and organizations spanning 
over 100 years of history of black migrations to Miami.
  Black Crossroads: The African Diaspora in Miami documents an 
important aspect of Miami's cultural history, and bring this vital 
information together in one place and at one time for the people of 
South Florida. I applaud the Historical Museum of Southern Florida for 
displaying this exhibit for all to see.
  I also commend Dr. Joanne Hyppolite, the Chief Curator at the 
Historical Museum of Southern Florida, for her achievements and 
successes with the Black Crossroads: The African Diaspora in Miami thus 
far. Dr. Hyppolite has strived to show a clear reflection of what Miami 
has always been: a meeting point for intersections of many members of 
the African Diaspora since as far back as the 1800s. The exhibit also 
shows Miami's importance as a popular southern migration site for 
blacks from the Upper South, Northern Florida and the Caribbean.
  I am pleased to join all those in attendance at the opening of the 
exhibition in wishing the Historical Museum of Southern Florida and Dr. 
Hyppolite continued success in preserving and promoting an awareness of 
the diverse groups of the African Diaspora in Miami. Educating the 
public with a broader perspective of the traditions and struggles many 
have faced in their efforts to be treated as equal citizens will assure 
that generations to come will have access to objects and photographs 
that will enable them to contextualize life in Miami.

                          ____________________




         REMEMBERING THE LIFE OF GILBERTO ``JOE CUBA'' CALDERON

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. RANGEL. Madam Speaker, I rise with great sadness as I pay tribute 
to my dear friend Gilberto Calderon who recently passed away. As I 
speak with profound sorrow, I ascend to celebrate a life well lived and 
to remember with fondness the accomplishments of a remarkable man who, 
over his many years in music, etched his name in history as Joe Cuba, 
``Father of Latin Boogaloo.''
  The death of Joe Cuba on February 15, 2009, brought immense sorrow 
and loss to his family and friends, and to the countless fans and 
individuals associated with Latin Rhythms and Salsa in the music world. 
The salsa band leader was famed for weaving a fluid and bilingual mix 
of musical influences dubbed ``The Boogaloo.''
  Born Gilberto Calderon in 1931 in New York to a family from Puerto 
Rico, the band leader and conga player helped change the sound of salsa 
in the 1960s. Until then, most popular salsa had been played by 
orchestras. But Cuba led a six-member band with three singers who also 
played percussion and danced a routine.
  He had a dynamic group with a signature vibraphone-fronted sound that 
caused a craze because it was different. Albums such as 1966's Bang! 
Bang! Push, Push, Push incorporated elements of salsa, Latin jazz and 
R&B and featured lyrics in both English and Spanish.
  Joe Cuba's music career started with La Alfarona X in 1950. In 1955 
the Joe Cuba Sextet came into being and his vibra-harp sound caught on. 
In 1962, when the group recorded ``To Be with You'' for Seeco Records, 
the band began to soar to popularity because of Nick Jimenez's 
arrangements and the vocals of Cheo Feliciano and Jimmy Sabater.
  When the boogaloo era arrived, the majority of the popular New York 
bands were put out of work. The Cuba sound changed with its recordings 
of ``El Pito'' and ``Bang Bang.'' He not only sold millions but enabled 
The Cuba Sextet to enjoy the No. 1 spot in the Latin music world along 
with the Eddie Palmieri Orchestra for years to come.
  The musician, a friend and contemporary of the late salsa giant Tito 
Puente, was an extraordinary man who lived a life of achievement which 
advanced a music that was at the forefront of the Nuyorican movement. 
Through these melodies brought by America's last citizens, the children 
of Puerto Rican emigrants, evolved new culture, arts, and politics.
  Joe Cuba will be long remembered for his extraordinary commitment, 
energy, wisdom, discipline, principle, and clear purpose which won the 
admiration of all who were privileged to come to know and work with him 
during his distinguished career in and around music. I consider myself 
fortunate to have had the opportunity to observe and experience his 
example as a personal inspiration.
  Madam Speaker, rather than mourn his passing, I hope that my 
colleagues will join me in celebrating the life of Joe Cuba by 
remembering that he exemplified greatness in every way.

                          ____________________




        RECOGNITION OF CALIFORNIA'S 32ND CONGRESSIONAL DISTRICT

                                 ______
                                 

                          HON. HILDA L. SOLIS

                             of california

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. SOLIS. Madam Speaker, I rise today to recognize California's 32nd 
Congressional District, which I have had the privilege to have 
represented for the last 8 years in Congress and which I am proud to 
call home.
  I am proud that my six siblings and I were raised in La Puente. Like 
many, my parents sacrificed throughout our childhood so my siblings and 
I could live up to our potential to achieve whatever our talents would 
allow. Like other families throughout the San Gabriel Valley, my 
parents instilled in my siblings and me the value of hard work, public 
service and commitment to family. For most of my adult life I have 
continued to live in the San Gabriel Valley, calling El Monte home.
  California's 32nd Congressional District is a culturally diverse 
district where residents live and work together as a community to 
ensure everyone has the opportunity to achieve success and dreams for 
their families. The communities in the 32nd Congressional District 
include: the cities of Azusa, Baldwin Park, Covina, Duarte, El Monte, 
Irwindale, Rosemead, South El Monte, West Covina, and portions of 
Monterey Park and East Los Angeles.
  During my time in Congress I was proud to have been the first Latina 
on the House Committee on Energy and Commerce, where I served as Vice 
Chair of the Environment and Hazardous Materials Subcommittee and as 
Ranking Member during my tenure, and was a member of its Health and 
Telecommunications and the Internet Subcommittees. I also had the 
privilege to serve on the House Natural Resources Committee, the House 
Select Committee on Energy Independence and Global Warming, and the 
House Education and Labor Committee. In addition, I held several 
leadership positions, including being the first Latina to chair the 
Congressional Caucus for Women's Issues. I also chaired the 
Congressional Hispanic Caucus Task Force on Health and the Environment 
where I spearheaded annual summits across the country on racial and 
ethnic health disparities.
  Throughout my career in public service I worked hard to improve the 
lives of families by focusing on expanding access to affordable health 
care, protecting the environment, and job creation. In Congress I have 
won legislative victories to provide workforce training for green 
collar jobs; authorized a Federal study on ways to improve recreational 
and environmental opportunities for the San Gabriel River Watershed; 
removed barriers to U.S. citizenship for non-U.S. citizens serving in 
the U.S. military and reserves; banned pesticide testing on pregnant 
women and children; helped ensure health care access for Latinos 
suffering from HIV/AIDS; and promote domestic violence awareness, 
particularly in communities of color.
  I want to thank the residents of California's 32nd Congressional 
District for electing me to represent them in Congress. I have served 
during some of the most trying times in California's history, and have 
worked to help build a better future for our State and country. It has 
been a privilege to serve and represent the San Gabriel Valley and East 
Los Angeles in the U.S. House of Representatives for the past 8 years.
  I want to take this opportunity to thank my family, especially my 
parents, Raul and Juana Solis, my husband, and my sisters and brothers 
for all of their support over the years. They have always believed in 
me, and have been my source of strength and teachers of the commitment 
to justice, equality and public service. To my extended family, those I 
have worked alongside with both in California, thank

[[Page 5494]]

you for your commitment to public service and justice, and your 
loyalty.
  I also want to thank you, Madam Speaker, all of my colleagues in the 
House, and in particular California's Congressional delegation. I have 
enjoyed working with you all during my time in Congress, and I am 
looking forward to continuing to work with you to build a better 
country. Thank you and God Bless.

                          ____________________




                      TRIBUTE TO MR. IRA C. CLARK

                                 ______
                                 

                         HON. KENDRICK B. MEEK

                               of florida

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. MEEK of Florida. Madam Speaker, I rise to pay tribute to the late 
Mr. Ira C. Clark, a beloved community leader, public servant and 
champion of health care in my district, who recently passed away after 
a long and arduous battle with Alzheimer's disease.
  Mr. Clark, a native of New Jersey raised by his mother a teacher and 
his father a taxi cab driver, served as the president and CEO of Public 
Health/Jackson Memorial Hospital for 15 years. As Jackson Memorial 
Hospital's first black president and as a result of his extraordinary 
accomplishments, he became one of the most powerful minority executives 
in South Florida.
  Having dedicated his tenure at Jackson Memorial Hospital to the 
development of innovative healthcare programs, Mr. Clark constantly 
strove to provide accessibility to the highest quality medical care for 
the disenfranchised and destitute families of South Florida.
  Mr. Clark's efforts led to the introduction of The Jackson Health 
System, which provides a corporate identity for the official framework 
governing a system now composed of 12 primary care centers, two medical 
long-term facilities, four school based clinics, a maternity hospital, 
and a community hospital all dedicated to providing exceptional 
standards of medical care. Moreover, Mr. Clark spearheaded the creation 
of the Ryder Trauma Center, as well as the Taylor Breast Health Center 
and the Diagnostic Treatment Center.
  Among Mr. Clark's remarkable achievements, his greatest was securing 
a half-penny sales tax approved by Miami-Dade County residents to raise 
funds for Jackson Memorial Hospital. In his 1991 Miami Herald op-ed 
piece, Mr. Clark stated, ``Jackson Memorial Hospital is starving. It 
desperately needs resources in its battle against children's diseases, 
trauma, AIDS, and the health problems of Dade County's neediest people. 
Jackson needs a dependable, non political source of funding. The half-
penny sales tax is a step in the right direction.'' Mr. Clark's 
dedication to the betterment of Florida's Medicaid system and quality 
services to both rich and poor, AIDS patients and trauma victims 
remained strong throughout the tenure of his professional career.
  Following his retirement, Mr. Clark offered a self-assessment to the 
Miami Times: ``There's no question that Jackson Memorial Hospital today 
has come a long way under my leadership. I arrived in 1987 focused on 
issues related to funding and overcrowding. I sought out to secure a 
steady source funding to fix the hospital's financial problems and 
decompress the main hospital. I brought with me an unquestionable 
passion and commitment to single high standard of care that has 
remained the trademark of my leadership.''
  Madam Speaker, I ask you and all the members of this esteemed 
legislative body to join me in recognizing the extraordinary life and 
accomplishments of Mr. Ira C. Clark. I commend him for his service to 
the South Florida community and the healthcare system, and I appreciate 
this opportunity to pay tribute to him before the United States House 
of Representatives.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. DANIEL E. LUNGREN

                             of california

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. DANIEL E. LUNGREN of California. 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. 1105, The FY 
09 Omnibus Appropriation Act:
  1. Daniel E. Lungren, H.R. 1105, Agriculture, Food and Drug 
Administration (FDA) Western Center for Food Safety: The FDA Western 
Center for Food Safety is a proposed cooperative partnership between 
FDA, the Western Institute for Food Safety and Security (WIFSS), and 
the University of California at Davis that will enhance FDA's critical 
food safety and food defense mission by building collaborative links 
between FDA scientists and WIFSS/UC Davis' established programs in food 
safety research, higher education, food defense, and on-farm training 
of safe food production practices. Funding the FDA Western Center for 
Food Safety at UC Davis is an excellent opportunity to strengthen all 
aspects of food safety and defense for United States consumers.
  Grantee Legal Name: University of California at Davis.
  Grantee Address: One Shields Avenue, Davis, CA 95616.
  Local Contact Name/Title: Marjorie M. Dickinson, Assistant Vice 
Chancellor.
  Federal Nexus of Project: Currently, the FDA Center for Food Safety 
and Applied Nutrition has three well-established Centers of Excellence 
addressing other components of food safety: the Joint Institute for 
Food Safety and Applied Nutrition (www.jifsan.umd.edu), at the 
University of Maryland; the National Center for Food Safety and 
Technology (www.foodsafety.iit.edu/food_safety.htm) near Chicago; and 
the National Center for Natural Products Research, at the University of 
Mississippi (http://www.olemiss.edu/idepts/ncnpr). Our proposed FDA 
Western Center for Food Safety will compliment these affiliated 
organizations by providing FDA with strong technical and scientific 
support for pre- and post-harvest food safety, microbial and chemical 
detection and food defense research, technology transfer to the 
agricultural sector, and on-farm training and outreach to plant and 
animal agricultural producers that comprise our expansive food 
production systems of California and the Western United States.
  ($1,399,000).
  2. Daniel E. Lungren, H.R. 1105, Commerce, Folsom Emergency 
Operations Center: This project will expand the crucial capabilities of 
the Folsom EOC to function for both the City of Folsom and as the 
Alternative County Site. Best practices highlight the importance of 
having redundant emergency management capacity to ensure a balanced 
strategy for handling emergencies.
  Grantee Legal Name: City of Folsom, CA.
  Grantee Address: 50 Natoma Street, Folsom, CA 95630.
  Federal Nexus of Project: Homeland security is a stated top priority 
for the Administration and Congress. The Folsom EOC is a vital local, 
regional, and national link in our country's homeland security strategy 
and efforts. Folsom is uniquely situated in Northern California and the 
western United States in terms of needs and capabilities to provide top 
level EOC facilities. The Folsom Lake Dam is the primary flood control 
facility for the Sacramento region as well as a primary electricity 
producer. The City of Folsom is uniquely situated as a gatekeeper to 
the security of the state capital in Sacramento, the greater western 
United States for management of the two major power grid control 
centers (ISO and WAPA) and the home of one of Intel's major facilities, 
employing over 6500 citizens. The City of Folsom is the first responder 
to the Dam, WAPA, ISO and important regional and national employers.
  ($500,000).
  3. Daniel E. Lungren, H.R. 1105, Energy & Water, New Bridge Below 
Folsom Dam--Additional Authorization: This additional authorization 
will permit funding that would be used to cover engineering, design, 
and construction of the new bridge below Folsom Dam as authorized in 
the Fiscal Year 2004 Energy & Water Appropriations Bill. Due to changes 
in the engineering on the part of U.S. Army Corps of Engineers, this 
additional authorization would be commensurate with the funding 
necessary for project completion.
  Language: ``The bill includes language increasing the cost ceiling 
for the Folsom, California Bridge.''
  Grantee Legal Name: City of Folsom, CA.
  Grantee Address: 50 Natoma Street; Folsom, CA 95630.
  Federal Nexus of Project: United States Army Corps of Engineers.
  4. Daniel E. Lungren, H.R. 1105, Energy & Water, New Bridge Below 
Folsom Dam. The funding would be used to cover engineering, design, and 
construction of the new bridge below Folsom Dam as authorized in the 
Fiscal Year 2004 Energy & Water Appropriations Bill. Due to changes in 
the engineering on the part of U.S. Army Corps of Engineers, additional 
authorization commensurate with this funding request is necessary.
  Grantee Legal Name: City of Folsom, CA.
  Grantee Address: 50 Natoma Street; Folsom, CA 95630.
  Federal Nexus of Project: Army Corps of Engineers.
  ($1,000,000).
  5. Daniel E. Lungren, H.R. 1105, Energy & Water, Folsom Dam Outlet 
Modifications: The

[[Page 5495]]

funding would be used to develop and evaluate feasible alternatives to 
the Corps outlet modifications design. The partners have selected an 
integrated design which would include a gated auxiliary spillway in 
place of the river outlet gate enlargement.
  Grantee Legal Name: City of Folsom, CA.
  Grantee Address: 50 Natoma Street; Folsom, CA 95630.
  Federal Nexus of Project: Army Corps of Engineers.
  ($9,000,000).
  6. Daniel E. Lungren, H.R. 1105, Energy & Water, Folsom Dam Raise 
(American River Plan): The funding would be used to continue 
coordinated design of the Folsom Dam Raise Project as part of the 
integrated Joint Federal Project.
  Grantee Legal Name: City of Folsom, CA.
  Grantee Address: 50 Natoma Street; Folsom, CA 95630.
  Federal Nexus of Project: Army Corps of Engineers.
  ($1,000,000).
  7. Daniel E. Lungren, H.R. 1105, Energy & Water, Calaveras--Cosgrove 
Creek Flood Control Project. This project will target one of the most 
flood-prone areas of Calaveras County, and is needed to protect lives 
and property in the communities of Valley Springs, La Contenta, and 
Rancho Calaveras.
  Grantee Legal Name: County of Calaveras.
  Grantee Address: 891 Mountain Ranch Road, San Andreas, CA 95249.
  Federal Nexus of Project: Army Corps of Engineers. Cosgrove Creek is 
a tributary to the Calaveras River, a navigable water. Calaveras County 
is designated by FEMA as eligible for Federal assistance for severe 
storms and flooding.
  Priority U.S. Army Corps of Engineers Project Under Section 205: 
Emergency Streambank and Shoreline Protection.
  8. Daniel E. Lungren, H.R. 1105, Energy & Water, American River 
Common Features: The funding would be used for design and construction 
of the remaining improvements identified in WRDA 96 and WRDA 99 which 
includes levee widening near Jacobs Lane, levee raising between Howe 
Avenue and Watt Avenue, levee strengthening near the confluence of the 
Natomas East Main Drainage Canal/American River, addressing seepage 
around utilities, and for continued work on the American River Common 
Features General Re-evaluation Report.
  Grantee Legal Name: Sacramento Area Flood Control Agency.
  Grantee Address: 1007 7th St., 7th Floor, Sacramento, CA 98514.
  Local Contact Name/Title/Phone: Stein Buer, Executive Director, 916-
874-7606.
  Federal Nexus of Project: Authorization--Section 101(a) WRDA 1996 
(P.L. 104-303), as modified by Section 366 of WRDA 1999 (P.L. 106-53), 
as further modified by Section 129 of P.L. 108-137, the Energy and 
Water Development Appropriations Bill of 2004.
  ($13,000,000).
  9. Daniel E. Lungren, H.R. 1105, Energy & Water, South Sacramento 
Streams Group: The funding would be used to extend the project upstream 
along Elder Creek, Unionhouse Creek and construct levee improvements to 
3300-feet of railroad embankment protecting several hundred homes. In 
addition, design efforts will continue so that construction can occur 
in 2010 further reducing flood risk to residences along the various 
streams.
  Grantee Legal Name: Sacramento Area Flood Control Agency.
  Grantee Address: 1007 7th St., 7th Floor, Sacramento, CA 98514.
  Local Contact Name/Title/Phone: Stein Buer, Executive Director, 916-
874-7606.
  Federal Nexus of Project: Authorization--Section 101(a)(8) WRDA 1999, 
P.L. 106-53.
  ($12,000,000).
  10. Daniel E. Lungren, H.R. 1105, Energy & Water, Sacramento River 
Bank Protection Project: The funding would be used to allow 5,000-7,000 
feet of bank to be protected along the Sacramento River reducing flood 
risk to the area. Unless continued corrective measures are taken, levee 
failures may occur with resultant catastrophic damage and possible loss 
of many lives.
  Grantee Legal Name: Sacramento Area Flood Control Agency.
  Grantee Address: 1007 7th St., 7th Floor; Sacramento, CA 98514.
  Local Contact Name/Title/Phone: Stein Buer, Executive Director, 916-
874-7606.
  Federal Nexus of Project: Authorization--Flood Control Act of 1960 
(P.L. 86-645), The River Basin Monetary Authorization Act of 1974 (P.L. 
93-251), and Joint Resolution of Congress in 1983 (P.L. 97-377).
  ($22,967,000).
  11. Daniel E. Lungren, H.R. 1105, Interior & Environment, City of 
Galt Wastewater Treatment Plant (WWTP) Upgrade: The City of Galt is 
required to upgrade treatment levels (no expansion of capacity) for 
five constituents and to meet new limits for an additional 14 
constituents to comply with the National Pollutant Discharge 
Elimination System (NPDES) permit for the WWTP. The existing WWTP was 
not designed to meet most of the new standards, and therefore must be 
upgraded. The City must comply with the new requirements in the NPDES 
permit by May 2010 or face significant monthly fines.
  Grantee Legal Name: City of Galt.
  Grantee Address: 495 Industrial Drive Galt, CA 95632.
  Local Contact Name/Title/Phone: Gregg L. Halladay, P.E./Director of 
Public Works / (209) 366-7260.
  Federal Nexus of Project: The City of Galt is being forced to upgrade 
their existing wastewater treatment facility as a result of increased 
Federal water quality mandates. Therefore, the City is requesting 
Federal funds to help offset the high costs of design and construction 
of the improvements required to upgrade the existing wastewater 
treatment facility to comply with these Federal water quality mandates.
  ($275,000).
  12. Daniel E. Lungren, H.R. 1105, Transportation & HUD, Amador County 
State Route 88 Pine Grove Corridor Improvement Project: The purpose of 
this project is to construct highway widening or a bypass through or 
around the community of Pine Grove. State Route 88 is the major 
corridor providing access through Amador County to the Eldorado 
National Forest, Mokelumne Wilderness areas and the Toiyabe National 
Forest.
  Grantee Legal Name: Amador County Transportation Commission.
  Grantee Address: 11400 American Legion Drive, Jackson, CA 95642.
  Local Contact Name/Title/Phone: Charles Field, Executive Director 
(209) 267-2282.
  Federal Nexus of Project: Funding under the Public Lands Highways 
Program is available ``for transportation planning, research, 
engineering, and construction of the highways . . . within, adjacent 
to, or provides access to'' Federal lands or facilities.'' State Route 
88 is the major corridor providing access through Amador County to the 
Eldorado National Forest, Mokelumne Wilderness areas and the Toiyabe 
National Forest. In addition, an increasing amount of traffic is 
accessing Kirkwood Ski Resort, which operates in conjunction with the 
USFS.
  ($180,500).
  13. Daniel E. Lungren, H.R. 1105, Transportation & HUD, Citrus 
Heights--Infrastructure Reinvestment for Federal ADA Compliance: 
Disability access is limited in several identified locations throughout 
the City, and the City has been and continues to be the subject of 
lawsuits from advocates in the disability rights community. This 
funding will cover the cost of new ADA-compliant infrastructure.
  Grantee Legal Name: City of Citrus Heights.
  Grantee Address: 6237 Fountain Square Drive, Citrus Heights, CA 
95621.
  Federal Nexus of Project: Federal ADA Compliance.
  ($142,500).
  14. Daniel E. Lungren, H.R. 1105, Transportation & HUD, Rancho 
Cordova--International Drive Extension/Folsom South Canal Bridge: The 
International Drive Extension and Folsom South Canal Bridge project 
will construct a new six-lane extension of International Drive from 
Kilgore Road to Sunrise Boulevard. The waterway creates a barrier that 
cuts the City in half from north to south.
  Grantee Legal Name: City of Rancho Cordova.
  Grantee Address: 2729 Prospect Park Drive; Rancho Cordova, CA 95670.
  Federal Nexus of Project: There is a strong federal nexus for this 
appropriations request. A major obstacle for the road extension is the 
U.S. Bureau of Reclamation's Folsom South Canal. The waterway creates a 
barrier that cuts the City in half from north to south. Federal funds 
are requested as mitigation to this federally-owned obstruction that 
restricts access to job centers, education, shopping, and public 
transit. This project will allow all members of the community--
regardless of what portion of Rancho Cordova they live in--the 
opportunity to cross the Folsom South Canal barrier at International 
Drive and gain access to opportunities on both sides of the canal.
  ($237,500). `

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. KEVIN BRADY

                                of texas

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. BRADY of Texas. Madam Speaker, pursuant to the Republican 
Leadership standards

[[Page 5496]]

on earmarks, I am submitting the following information for publication 
in the Congressional Record regarding earmarks I received as part of 
H.R. 1105--Omnibus Appropriations Act, 2009.
  Requesting Member: Congressman Kevin Brady, Texas 8th Congressional 
District
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Project: Sam Rayburn Lake Twin Dikes Operations & Maintenance
  Account: U.S. Corps of Engineers, Operations and Maintenance
  Requesting Entity: U.S. Corps of Engineers, Ft. Worth District
  Address of Requesting Entity: 819 Taylor Street, Fort Worth, TX 76102
  This is the second year I've requested funding to repair the Twin 
Dikes Park marine launching complex since its collapse due to Hurricane 
Rita, erosion, and excessive wave action. Unfortunately, the Corps has 
a backlog of maintenance on some of the most widely used recreational 
facilities at Lake Sam Rayburn. In addition to this project, I continue 
to support the U.S. Corps of Engineers annual request for funding to 
operate and maintain the lakes, and other water resources of East and 
Southeast Texas.
  The $6,138,000 included in this bill for this project will be 
allocated to perform annual operations and maintenance of the Sam 
Rayburn Reservoir ($5,775,000) and to begin rehabilitation of the 
marine launching complex at Twin Dikes Park ($363,000).
  Requesting Member: Congressman Kevin Brady, Texas 8th Congressional 
District
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Project: Pulmonary Hypertension Awareness Program
  Account: Department of Health and Human Services, Center for Disease 
Control and Prevention
  Requesting Entity: Pulmonary Hypertension Association
  Address of Requesting Entity: 801 Roeder Rd., Suite 400, Silver 
Spring, MD 20910
  I have supported strengthening Pulmonary Hypertension education for 
over ten years; and for this reason and for the second year in a row, I 
have requested funding to strengthen and continue a successful 
partnership between the non-profit Hypertension Association and the 
Centers for Disease Control. PH is a serious and often fatal condition 
where the blood pressure in the lungs rises to dangerously high levels. 
In PH patients the walls of the arteries that take blood from the right 
side of the heart to the lungs thicken and constrict. As a result, the 
right side of the heart has to pump harder to move blood into the 
lungs, causing it to enlarge and ultimately fail.
  This request would allow the partners to continue to develop a 
pulmonary hypertension awareness program to better educate the medical 
community and the public about the disease, and lead to earlier 
diagnosis and longer life spans.
  The $238,000 included in this bill for this project will be allocated 
to continue two components in the fight against pulmonary hypertension: 
the PHA Online University, a curriculum-based website for medical 
professionals, and a significant expansion of PHAware, a grassroots 
media campaign. Together these activities will enhance general public 
and medical professional awareness of pulmonary hypertension and lead 
to earlier diagnosis and appropriate treatment of individuals who have 
the disease.
  Requesting Member: Congressman Kevin Brady, Texas 8th Congressional 
District
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Project: SHSU Regional Crime Lab
  Account: Office of Justice Programs, Byrne Discretionary Grants
  Requesting Entity: Sam Houston State University
  Address of Requesting Entity: 1803 Avenue I, Huntsville, TX 77341
  Established last year with my support, fiscal year 2009 funding for 
the Regional Crime Lab at Sam Houston State University will allow it to 
become operational. Law enforcement agencies in rural communities 
experience long waits and backlogs when requesting services from major 
cities like Houston. This request allows Sam Houston State University--
one of the nation's foremost criminal justice universities--to use its 
expertise in forensic science to begin operations of the Rural Crime 
Laboratory started with funding I secured last year. This lab will 
provide services to local law enforcement such as identification of 
controlled substances, toxicology screening and finger print matching. 
The lab will be able to service communities in a 75-mile wide area.
  The $800,000 included in this bill for this project will be allocated 
to staff the SHSU Regional Crime Lab and make it operational for 
serving regional law enforcement agencies. Specific budget items 
include: salaries and benefits for laboratory staff ($547,800); lab 
supplies ($11,558); subcontracts for staff training ($27,000) and 
indirect cost amounting to $213,642.
  Requesting Member: Congressman Kevin Brady, Texas 8th Congressional 
District
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Project: I-69 Improvements
  Account: Surface Transportation Priorities, Interstate 69, Texas
  Requesting Entity: I-69 Texas Alliance
  Address of Requesting Entity: 1200 Smith, Suite 700, Houston, TX 
77002
  This requested funding will allow for additional required 
environmental studies needed to upgrade several US highways in the 
region. This request--is not part of the now dead Trans Texas 
Corridor--provides funding for the continuation of the long-planned 
project involving segments of US 59, 77 and 281. Since 1991, efforts 
have been made to improve these routes to Interstate standards to meet 
the higher demand of increased traffic. These highway segments have 
been identified by Congress as a high priority; by upgrading the 
existing highways to Interstate standards we will increase motorist 
safety and regional mobility in the increasingly busy Houston and East 
Texas region.
  The $617,500 included in this bill will go to the Texas Department of 
Transportation to continue planning, design, and development of 
segments of US Highway 59 to Interstate standards.
  Requesting Member: Congressman Kevin Brady, Texas 8th Congressional 
District
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Project: Big Thicket Land Acquisition
  Account: National Park Service, Land Acquisition
  Requesting Entity: The Conservation Fund, Texas Office
  Address of Requesting Entity: 101 West 6th Street, Suite 601, Austin, 
TX 78701
  The Big Thicket National Preserve is one of America's ecological 
treasures. It is an unusually shaped preserve whose boundaries include 
land once owned by major timber companies. When funded in full, this 
represents the final year in a seven year land acquisition program. 
This request enables the National Park Service to acquire critical land 
within the congressionally authorized boundary of the Big Thicket 
National Preserve to diversify the economic potential of southeast 
Texas through increased tourism opportunities. This project works only 
with voluntary, ``willing-seller'' landowners.
  The $1,000,000 included in this bill for this project will allow the 
National Park Service to buy approximately 500 acres of land on eight 
tracts currently held by the Conservation Fund acquired from willing 
sellers or by voluntary donation.

                          ____________________




    THE DISTRICT OF COLUMBIA QUARTER FEATURING THE LIKENESS OF DUKE 
                               ELLINGTON

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Tuesday, February 24, 2009

  Ms. NORTON. Madam Speaker, I rise to ask the House to join me in 
commemorating yet another honor for Edward Kennedy Duke Ellington, born 
1899, in the District of Columbia, who has left us musical gifts that 
are so timeless they have proved perpetually modern. The new honor for 
Duke Ellington that we celebrate is his likeness at his piano that 
appears on the new District of Columbia circulating quarter formally 
introduced today and placed in a map with other coins that represent 
our union. Duke Ellington is only the second African American to appear 
on a circulating coin.
  For the residents of the District of Columbia, this honor for Duke 
Ellington is special indeed. His values, his study of music, and his 
musical genius were shaped from the beginning of his life in the Shaw 
community and in the D.C. public schools until, as a grown man, he 
pursued his star-studded musical career and became one of the worlds's 
most celebrated band leaders and composers. D.C. residents themselves 
selected Duke Ellington, and many witnessed him help establish the 
entertainment corridor on U Street as a major venue for African-
American entertainers when the District of Columbia was a segregated 
city that did not permit Black people to attend or to perform elsewhere 
in the nation's capital. Ellington was my personal favorite for the 
D.C. quarter not only because he was a native son, but also because for 
many years, we in the city have been trying to correct the notion that 
D.C. is only a ``government town,'' making it clear that we have been a 
hometown since

[[Page 5497]]

1801. The District has become a city with some of the best theater, 
entertainment and sports in the country, and now features an annual 
week-long Duke Ellington Jazz, Festival, fast becoming one of the best 
known in the country. The truth is that Ellington is as representative 
of his home town as George Washington is of official Washington. The 
Duke sends the message that hometown, homegrown residents are making 
and have always made important contributions to our country and to the 
world.
  To celebrate the Duke's coin, we kicked off Duke Ellington Week today 
with a celebration of D.C.'s new quarter at the Smithsonian National 
Museum of American History, where the African American Museum is 
temporarily housed and has mounted the Scurlock Exhibition of 
photographs of Black Washingtonians, including Ellington. The 
celebration featured a presentation of the quarter by U.S. Mint 
Director Edmund Moy, and the placement in the coin map.
  Ellington week activities will continue Wednesday, Feb. 25, at 
THEARC, with a ``Celebration of Black History Month, the Arts, and the 
Duke Ellington Commemorative Quarter,'' featuring Edward and April 
Ellington, Duke Ellington's son and daughter, the Ellington School of 
the Arts School jazz band, and the Washington Ballet, and later on 
Wednesday, a concert, ``Sophisticated Lady: An Evening with Denyce 
Graves,'' at the Kennedy Center for the Performing Arts to raise funds 
for the Duke Ellington School of the Arts, the famous soprano's alma 
mater.
  During a lifetime of recognition of his unique musical genius, 
Ellington received 13 Grammys over 40 years, the Pied Piper award from 
the American Society of Composers, Authors and Publishers in 1968, and 
honorary doctoral degrees from 16 institutions. He received the 
nation's highest honors, including the President's Gold Medal in 1966, 
and the Presidential Medal of Freedom in 1969, the highest honor a 
civilian can receive in the United States. After his death on May 24, 
1974, Western High School in Washington, D.C. was renamed the Duke 
Ellington High School for the Performing Arts. The school is one of the 
most renowned in the nation for its excellence in all the arts.
  Jazz, America's singular indigenous art form, owes its greatness to a 
handful of men and women, none more so than Duke Ellington, the 
Renaissance man of music--composer, musician, band leader, the full 
package. Today, we add a crowning honor with the city's own circulating 
quarter bearing the Duke's image. Now our native son, a musical genius 
already honored the world over for his artistic achievements, will have 
a lasting image on his nation's currency to remind the world that his 
hometown, the District of Columbia, nurtured the musical genius of 
Edward Kennedy Duke Ellington.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. JOHN SHIMKUS

                              of illinois

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. SHIMKUS. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of H.R. 1105.
  Requesting Member: John M. Shimkus.
  Bill number: H.R. 1105.
  The Account: Agriculture Salaries and Expenses.
  Requesting Entity: National Corn-to-Ethanol Research Center NCERC at 
400 University Park Dr. in Edwardsville, IL.
  Funding would go to ensure that the NCERC remains capable of 
validating new cellulosic technologies and to accelerate 
commercialization. NCERC will be able to find more uses for 
agricultural products in renewable fuels and lessen our reliance on 
foreign oil. NCERC is an established research center of excellence in 
this field.
  The Account: Department of Justice, COPS Law Enforcement Technology.
  Requesting Entity: Jasper County Sheriff Department at 106 E. Morgan 
St. in Newton, Illinois.
  Funding to provide new radios that will allow the sheriffs office 
complete interoperability between first responders in Jasper County.
  The Account: Department of Justice, COPS Law Enforcement Technology.
  Requesting Entity: Shelby County Sheriff Department at 151 N. Morgan 
St. in Shelbyville, Illinois.
  Funding to provide new radios that will allow the sheriffs office 
complete interoperability between first responders in Shelby County.
  The Account: Department of Justice, COPS Law Enforcement Technology.
  Requesting Entity: Jasper County Unit 1 School District at 609 S. 
Lafayette St. in Newton, IL.
  Funding to provide a new camera security system for Jasper County 
schools to help secure the schools.
  The Account: Department of Justice, COPS Law Enforcement Technology.
  Requesting Entity: Marion County Sheriff Department at 204 N. 
Washington St. in Salem, Illinois.
  Funding for new digital fingerprinting machine to make sheriffs 
booking process more efficient and allow for easier access to database.
  The Account: Energy & Water, General Investigations.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding for a deficiency correction study to investigate solutions 
such as rehabilitation-replacement of existing relief wells and the 
construction of additional relief wells at the Prairie DuPont Levee.
  The Account: Energy & Water, General Investigations.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding for this project, also referred to as the Navigation and 
Ecosystem Sustainability Program, this project will provide for the 
first phases of construction of new 1,200 foot lock chambers at L/Ds 
20, 21, 22, 24, 25, LaGrange and Peoria; implement small-scale 
navigation aids; and begin ecosystem restoration projects along the 
Mississippi River and Illinois Waterway.
  The Account: Energy & Water, Construction General.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding to continue projects which are vital to the ecological 
restoration of the Upper Mississippi River, including island 
construction, habitat creation and long-term monitoring.
  The Account: Energy & Water, Construction General.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding for this project will go to develop the correct design 
deficiencies and assure that the Chain of Rocks levee will withstand a 
500-year flood. The deficiency correction includes the installation of 
relief wells, construction of levee berms, a pump station, relocations, 
and mitigation. The levee protects a major urban area.
  The Account: Energy & Water, Construction General.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding for the project in East St. Louis to provide flood protection 
to 200,000 residents and over $1 billion in economic value. The flood 
control project is aged and requires rehabilitation to provide a 
thorough level of protection.
  The Account: Energy & Water, Construction General.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding that can be used to initiate design work for the Maryville, 
Illinois, project. This project authority covers communities in Madison 
and St. Clair Counties, Illinois, including East St. Louis, Belleville, 
Glen Carbon, Maryville, and Collinsville. The communities of the region 
rely heavily on combined sewer systems, some of which exceed 100 years 
of performance. Problems created by this compromised infrastructure 
impact the health, water quality, and economic development potential of 
the area.
  The Account: Energy & Water, Construction General.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding for this project at Wood River goes to replacing 163 of 170 
existing relief wells and installing 60 new relief wells as a 
deficiency correction under the existing project authorization. 
Additional reconstruction/replacement is proposed for various 
components of 26 closure structures, 38 gravity drains, and 7 pump 
stations.
  The Account: Energy & Water, O&M.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding will be used to operate and maintain Carlyle Lake. This lake 
provides flood control, water quality control, and water supply to 
nearby communities; recreation; fish and wildlife conservation; and is 
authorized to augment navigation flows downstream on the Kaskaskia 
River. The lake offers 3 marinas, 18 public boat ramps, a sailboat 
harbor, 4

[[Page 5498]]

beaches, 5 campgrounds, and a visitor center; numerous outlying areas 
provide a variety of opportunities for outdoor enthusiasts. The Project 
includes a St.ate Resort with hotel, cabins, restaurant and conference 
center and two St.ate Parks, one of which offers overnight cottages, a 
swimming pool, and a restaurant/store. Large sub-impoundment dams, 
managed by the Illinois Department of Natural Resources, are located at 
the northern end of the lake and are flooded each fall, providing 
excellent hunting opportunities.
  The Account: Energy & Water, O&M.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding at Lake Shelbyville to be used to provide flood control, 
water supply, recreation, conservation of fish and wildlife, and water 
quality control and augments navigation flows downstream on the 
Kaskaskia River. The lake extends northeastward to approximately river 
mile 275 through Shelby, Moultrie, Douglas, and Coles Counties. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  The Account: Energy & Water, O&M.
  Requesting Entity: Corps of Engineers St. Louis District at 1222 
Spruce St. in St. Louis, Missouri.
  Funding at Rend Lake to provide flood control, water supply, 
recreation, conservation of fish and wildlife, and area redevelopment. 
The earth fill dam with an un-gated main and auxiliary spillway 
provides the necessary features to create Rend Lake and support the 
project's purposes. The earth dam is located on the Big Muddy River at 
mile 103.7 and two sub-impoundment dams are located on the upper arms 
of the lake.
  The Account: Interior, Environment and Related Agencies, EPA, STAG 
Water and Wastewater Infrastructure.
  Requesting Entity: RE Water at 320 Northwest St. West Salem, IL 
62476.
  Funding would be used to expand service to rural water customers in 
Richland County.
  The Account: Labor, Health and Human Services, Education and Related 
Agencies, Higher Education.
  Requesting Entity: Southeastern Illinois College, 3575 College Road 
in Harrisburg, IL 62946.
  Funding to purchase materials to set up a new training program for 
students in mining and mining safety measures.
  The Account: Labor, Health and Human Services, Education and Related 
Agencies, Higher Education.
  Requesting Entity: Southern Illinois University at Edwardsville, 
University Park Drive in Edwardsville, IL 62046.
  The funding would be used to purchase advanced fabrication, 
analytical, and processing equipment to enhance SIAM capabilities.
  The Account: Transportation, Housing, and Urban Development, and 
Related Agencies, Federal Highway Administration.
  Requesting Entity: Illinois Department of Transportation, 2300 S. 
Dirksen Parkway in Springfield, IL.
  The funding would be used for the design, engineering, land 
acquisition and planning of the Godfrey Crosstown Connector project in 
conjunction with US67.
  The Account: Transportation, Housing, and Urban Development, and 
Related Agencies, Federal Highway Administration.
  Requesting Entity: Illinois Department of Transportation, 2300 S. 
Dirksen Parkway in Springfield, IL.
  The funding would be used for the design, engineering, land 
acquisition, and planning for expansion of Rt 162 from Maryville toward 
Troy, IL.
  The Account: Transportation, Housing, and Urban Development, and 
Related Agencies, Federal Highway Administration.
  Requesting Entity: Illinois Department of Transportation, 2300 S. 
Dirksen Parkway in Springfield, IL.
  The funding would be used for the resurfacing and the expansion of 
Mt. Erie-Golden Gate Road in Wayne County.
  The Account: Transportation, Housing, and Urban Development, and 
Related Agencies, EDI.
  Requesting Entity: Illinois Historic Preservation Agency, 1 Old State 
Capitol Plaza, Springfield, IL.
  The funding would be used in the renovation of the Tinsley Project 
for upcoming Lincoln Bicentennial. The Tinsley project needs to be 
overhauled to be historically accurate.
  The Account: Transportation, Housing, and Urban Development, and 
Related Agencies, EDI.
  Requesting Entity: Sangamon County Regional Planning Commission at 
200 S. 9th St in Springfield, Illinois.
  The funding would be used to institute a redevelopment plan for 
Macarthur Blvd between 172 and S. Grand.

                          ____________________




                           LEONARD ABESS, JR.

                                 ______
                                 

                         HON. KENDRICK B. MEEK

                               of florida

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. MEEK of Florida. Madam Speaker, I rise today to recognize Mr. 
Leonard Abess, Jr. a Miami, Florida banker who openhandedly and 
unselfishly took $60 million out of his own pocket to give bonuses to 
former employees and the current staff on the payroll at City National 
Bank of Florida to thank them for their years of service.
  Current chairman and CEO of City National Bank of Florida, Mr. Abess 
made the decision after selling a majority stake in Miami-based City 
National Bancshares in November 2008. He took $60 million of the 
proceeds and gave it to his tellers, bookkeepers and clerks. All 399 
workers on the staff received bonuses. Additionally, Mr. Abess tracked 
down 72 former employees so they could share in the windfall. Some 
longtime employees received bonuses based on years of service which 
amounted to tens of thousands of dollars, in some cases more than 
$100,000.
  In April 2008, Mr. Abess announced that Caja Madrid, the second-
largest bank in Spain, was buying City National for $1 billion. With 
more than $2.75 billion in assets, City National ranked among the 
largest community banks in the country and was one of the few remaining 
independent banks in Florida.
  When Abess said, ``We want to be the biggest bank in Florida . . . 
I'm not walking away from my customers or employees,''--he kept his 
word. The deal would allow Mr. Abess to continue to run the bank and 
retain his title, as well as a 17 percent stake. Most importantly, 
local City National offices did not close and were not sold off.
  Mr. Abess' selfless generosity proved that although we are currently 
in an era of economic downfalls, unethical behavior and corporate 
conspiracy, one can still stand strong on their own charitable, 
altruistic morality. Now, Mr. Abess will receive a prized bonus of his 
own when he will have the opportunity to watch President Barack Obama's 
speech to a joint session of Congress from First Lady Michelle Obama's 
box on February 23, 2009. Ms. Geneva Lawson, a 51 year employee at City 
National Bank of Florida, will also accompany Mr. Abess to see history 
in the making.
  It is an honor to have the privilege to recognize this valued leader 
before the United States House of Representatives. I salute Mr. Leonard 
Abess, Jr. on behalf of his selfless deed and great acts of gratitude, 
and believe that all Americans can learn from his benevolence, 
commitment and passion. I wish him every happiness and success.

                          ____________________




         HONORING THE SERVICE OF KOREAN AMBASSADOR TAE-SIK LEE

                                 ______
                                 

                      HON. ENI F. H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mr. FALEOMAVAEGA. Madam Speaker, I rise today to honor and bid 
farewell to my friend, Ambassador Tae-Sik Lee, who since 2005 has 
represented his country, the Republic of Korea, in Washington.
  Ambassador Lee first served as a diplomat in Washington in the early 
1980s and later earned a degree from the School of Advanced 
International Studies at Johns Hopkins University. After serving in 
numerous posts in Seoul and other world capitals, his return to 
Washington nearly four years ago was in many ways a homecoming.
  While I would like to dwell on Ambassador Lee's series of 
distinguished positions in service to his country--Vice Minister of 
Foreign Affairs and Trade, Ambassador to the Court of St. James in 
London, Ambassador to Israel, Deputy Minister for Foreign Affairs, 
Director-General of the International Trade Bureau and Deputy Executive 
Director of Korean Peninsula Energy Development Organization--the 
limited time I have will not do justice to his distinguished service. 
However, I wish to point that during his tenure as Ambassador to the 
United States, the alliance of our two countries has grown stronger and 
deeper.
  For instance, in 2007, the United States and South Korea signed a 
Free Trade Agreement that will result in significant, measurable 
benefits to businesses, workers, and consumers in both of our 
countries.
  Last November, Korea successfully joined the Visa Waiver Program, 
which makes travel between Korea and the United States much

[[Page 5499]]

easier for tourists, business leaders, family members, students, and 
others.
  Additionally, by an act of Congress, Korea's Foreign Military Sales 
status was elevated to the equivalent of NATO+3. This change in status 
will have a positive impact both in terms of military readiness and 
enhanced interoperability of our two countries' armed forces.
  Throughout Ambassador Lee's time in Washington, South Korea and the 
United States have remained steadfast in efforts to solve the North 
Korean nuclear problem and to ensure continued peace, stability, and 
prosperity in the Northeast Asia region. Ambassador Lee also skillfully 
managed often vexing and sensitive historical issues ranging from 
``Comfort Women'' to the Dokdo Islands.
  Also during Ambassador Lee's tenure, the Congress passed resolutions 
that included celebrating the U.S.-Korea alliance, welcoming President 
Myung-Bak Lee to Washington in April 2007 and calling for justice on 
the ``Comfort Women'' issue. All these important accomplishments 
underscore Ambassador Lee's thoughtful diplomacy and willingness to 
engage Members of Congress, no matter how challenging the issue at 
hand.
  Ambassador Lee did not limit his work to our nation's capital. He 
often traveled throughout the United States and, on many occasions, 
spoke to groups of American veterans of the Korean War, offering the 
gratitude of his people and thanking them personally for their service 
and sacrifice.
  The strong friendship between the United States and the Republic of 
Korea has been immeasurably enhanced by the professionalism, 
cordiality, intelligence and friendship of Ambassador Lee.
  Madam Speaker, while Ambassador Lee goes on to new responsibilities 
and new experiences, I ask that my colleagues join with me to offer our 
thanks and congratulations as we bid the Ambassador a fond farewell. We 
wish him the best in all his future endeavors.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                       Tuesday, February 24, 2009

  Mrs. EMERSON. Madam Speaker, pursuant to the House Republican 
standards on earmarks, I am submitting the following information in 
regards to H.R. 1105, the Consolidated Appropriations for Fiscal Year 
2009.
  Project Name: Route 67 Poplar Bluff Industrial Park Bypass.
  Bill Number: H.R. 1105.
  Account: Transportation & Community & System Preservation.
  Requesting Entity: Missouri Department of Transportation.
  Address of Requesting Entity: 105 West Capitol, P.O. Box 270 
Jefferson City, MO 65102-0270.
  Description of Request: Provide an earmark of $665,000 to construct 
of a new bypass and acquire right of way access to improve the roadway 
safety conditions and congestion at the Poplar Bluff Industrial Park on 
Route 67. The State of Missouri will provide a 20% match. All federal 
funds received will be spent on the Poplar Bluff Industrial Bypass and 
will not be transferred to another project.
  Project Name: Route 160 in Taney County, Missouri Safety 
Improvements.
  Bill Number: H.R. 1105.
  Account: Transportation & Community & System Preservation.
  Requesting Entity: Missouri Department of Transportation.
  Address of Requesting Entity: 105 West Capitol, P.O. Box 270 
Jefferson City, MO 65102-0270.
  Description of Request: Provide an earmark of $665,000 for 
improvements to the design of Route 160 in Taney County, Missouri. The 
earmark will also address safety conditions along this dangerous 
stretch of roadway. The State of Missouri will provide 20% to match the 
federal contribution. All federal funds received will be spent on 
safety and roadway improvements on Route 160 in Taney County, Missouri 
and will not be transferred to another project.
  Project Name: Chester Bridge in Perry County, Missouri Bridge Repair.
  Bill Number: H.R. 1105.
  Account: Transportation & Community & System Preservation.
  Requesting Entity: Missouri Department of Transportation.
  Address of Requesting Entity: 105 West Capitol, P.O. Box 270 
Jefferson City, MO 65102-0270.
  Description of Request: Provide an earmark of $475,000 to 
rehabilitate the Chester Bridge which traverses the Mississippi River 
from Perry County, Missouri to Randolph County, Illinois. The bridge is 
vital to the region's transportation needs. The State of Missouri will 
provide 20% to match the federal contribution. All federal funds 
received will be spent on rehabilitation of the Chester Bridge and will 
not be transferred to another project.
  Project Name: Farmington Airport Parallel Taxi-way.
  Bill Number: H.R. 1105.
  Account: Airport Improvement Program.
  Requesting Entity: Missouri Department of Transportation.
  Address of Requesting Entity: 105 West Capitol, P.O. Box 270 
Jefferson City, MO 65102-0270.
  Description of Request: Provide an earmark of $855,000 for the 
construction of a taxi-way parallel to the main runway. The funds would 
also be used towards the reconstruction of the airport terminal to 
address the needs of general and corporate aviation. The State of 
Missouri will provide 10% to match the federal contribution. All 
federal funds received will be spent on the construction of a taxi-way 
and rebuilding a terminal. These funds will not be transferred to 
another project.
  Project Name: Route 63 Phelps, Maries, Osage Counties.
  Bill Number: H.R. 1105.
  Account: Transportation, Community, and System Preservation.
  Requesting Entity: Missouri Department of Transportation.
  Address of Requesting Entity: 105 West Capitol, P.O. Box 270 
Jefferson City, MO 65102-0270.
  Description of Request: Provide an earmark of $332,500 for right of 
way improvements and an environmental study to the narrow portion of 
Route 63 in Phelps, Maries, and Osage Counties. This project will 
improve the overall safety of the roadway. The State of Missouri will 
provide 20% to match the federal contribution. All federal funds 
received will be spent on right of way improvements and an 
environmental study. None of these funds will be transferred to another 
project.
  Project Name: BJC Mental Health for Youth Offenders.
  Bill Number: H.R. 1105.
  Account: OJP--Juvenile Justice.
  Requesting Entity: BJC Behavioral Health.
  Address of Requesting Entity: 1085 Maple Street, Farmington, Missouri 
63450.
  Description of Request: Provide an earmark of $900,000 for a program 
that will target offenders under the age of 18 that are in need of 
mental health services. The program will serve the Missouri counties of 
St. Francois and Washington. The $900,000 will be used for operations 
cost to start up the program, including nurses, social workers, 
psychiatrists, and other mental health professionals. BJC will provide 
support to state and local governments, therefore no match is required.
  Project Name: Mineral Area Drug Task Force.
  Bill Number: H.R. 1105.
  Account: COPS-Meth.
  Requesting Entity: City of Leadington, Missouri.
  Address of Requesting Entity: 12 Weir Street, Leadington, Missouri 
63601.
  Description of Request: Provide an earmark of $205,000 to assist with 
funding Mineral Area Drug Task Force's enforcement efforts in locating, 
dismantling, and reducing the number of methamphetamine laboratories 
within the area of their operation. Approximately $93,800 is for the 
purchase of equipment to assist officers in their investigations, 
$60,600 is for overtime for officers assigned to methamphetamine 
investigations, $36,100 is for office and field supplies to assist 
officers in the preparation of reports and to provide supplies to 
facilitate the processing of clandestine labs, and $14,500 is for 
travel and training to equip officers with the knowledge to efficiently 
perform their duties.
  Project Name: Visual Intelligence Tool for Southern Missouri.
  Bill Number: H.R. 1105.
  Account: COPS-Law Enforcement Technology.
  Requesting Entity: Ozark Foothills Regional Planning Council.
  Address of Requesting Entity: 3019 Fair Street, Poplar Bluff, 
Missouri 63901.
  Description of Request: Provide an earmark for the Ozark Foothills 
Regional Planning Council for $1,030,000 project for the following 
counties of the 8th Congressional District to acquire and greatly 
benefit from availability of a Law Enforcement Visual Tool: Ripley, 
Wayne, Carter, Wright, and Texas. Federal, state, and local agencies 
will have a common tool to jointly manage emergencies. The project 
enhances public safety and officer safety by placing sophisticated 
geospatial intelligence information in the hands of emergency 
responders. The funding would be used as follows: $50,000 for project 
administration, $800,875 for image libraries, and $180,000 for 
installation, training and customer support.

[[Page 5500]]

  Project Name: South Central Drug Task Force.
  Bill Number: H.R. 1105.
  Account: COPS-Meth.
  Requesting Entity: Howell County, Missouri.
  Address of Requesting Entity: 1106 Missouri Avenue, West Plains, 
Missouri 65775.
  Description of Request: Provide an earmark of $250,000 for the South 
Central Drug Task Force to enhance drug enforcement in project area. 
South Central Drug Task Force is a multi-jurisdictional drug 
enforcement task force comprised of federal, state, and local law 
enforcement officers. Funds will be spend as follows: approximately 
$50,000 in overtime funding for existing narcotics officers; $122,500 
for technical surveillance and reporting equipment; $65,000 for 
civilian personnel/Intel analyst; and $12,500 for supplies.
  Project Name: City of East Prairie, Missouri Stormwater and Sewer 
Infrastructure.
  Bill Number: H.R. 1105.
  Account: STAG Water and Wastewater Infrastructure Project.
  Requesting Entity: City of East Prairie, Missouri.
  Address of Requesting Entity: 219 N. Washington St., East Prairie, 
Missouri, 63845-1141.
  Description of Request: Provide an earmark in the amount of $200,000 
to rebuild East Prairie, Missouri's wastewater and storm water 
infrastructure. The existing 83-year-old water infrastructure is 
crumbling under the streets due to sinkholes which have plagued the 
community. The sinkholes are destroying box culverts, which is posing a 
threat to streets and houses in East Prairie. The money procured will 
pay for engineering design and engineering inspection for new storm 
water sewers. A minimum of 45% of the total project cost will come 
directly from the City of East Prairie, Missouri.
  Project Name: City of Hartville Water and Wastewater repairs.
  Bill Number: H.R. 1105.
  Account: STAG Water and Wastewater Infrastructure Project.
  Requesting Entity: City of Hartville, Missouri.
  Address of Requesting Entity: P.O. Box 37, Hartville, Missouri, 
65667.
  Description of Request: Provide an earmark of $138,000 to make public 
health related improvements to the city's wastewater collection system. 
The existing water infrastructure in Hartville is aging and too small 
to address the needs of the community. The funds will pay for a new 
force main and bore, new gravity sewer piping, and a new duplex lift 
station with redundant power. A minimum of 45% of the total project 
cost will come directly from the City of Hartville.
  Project Name: Mark Twain National Forest Meth Prevention.
  Bill Number: H.R. 1105.
  Account: National Forest System.
  Requesting Entity: Howell County, Missouri.
  Address of Requesting Entity: 1106 Missouri Avenue, West Plains, 
Missouri 65775.
  Description of Request: Provide an earmark of $492,000 to enhance 
methamphetamine prevention and enforcement efforts on Mark Twain 
National Forest. Approximately $300,000 directed toward cooperative law 
enforcement (CLE) agreements; $125,000 for assigned Forest Service 
salary/fringe; and $67,000 for vehicle, travel, supply, and support of 
assigned Forest Service personnel. Cooperative law enforcement 
agreements allow for needed funding and resources required of rural 
Missouri law enforcement agencies for improved communication, 
intelligence sharing, and interagency coordination regarding drug 
prevention and enforcement efforts within the proclamation boundaries 
of the Mark Twain National Forest. Cooperative efforts with the 
following counties agencies have proven successful in the past and 
remain a high priority for drug enforcement efforts in the Mark Twain 
National Forest: Barry, Carter, Christian, Douglas, Iron, Madison, 
Oregon, Ozark, Phelps, Reynolds, Ripley, Shannon, Stone, Taney, Texas, 
Washington, and Wayne Counties; and South Central Drug Task Force, a 
multi-jurisdictional drug task force covering roughly the same area.
  Project Name: Missouri Bootheel Regional Consortium, Portageville, MO 
for the Fatherhood First program.
  Bill Number: H.R. 1105.
  Legal Name of Requesting Entity: Missouri Bootheel Regional 
Consortium.
  Address of Requesting Entity: 46 State Hwy. 162 East, Portageville, 
MO 63873.
  Description of Request: Provide an earmark of $476,000 for the 
expansion of The Fatherhood First Program to allow additional families 
in the Missouri Bootheel region access to important services for 
fathers and families. Education and Intervention activities will focus 
on many areas of skill development, job readiness, communication, 
conflict management, child abuse and neglect, and substance abuse.
  Project Name: SEMO University Entrepreneurship Training and Workforce 
Development.
  Bill Number: H.R. 1105.
  Legal Name of Requesting Entity: Southeast Missouri State University.
  Address of Requesting Entity: One University Plaza, Cape Girardeau, 
MO 63701.
  Description of Request: Provide an earmark of $500,000 for 
Entrepreneurship Training Workforce Development and to expand programs 
that will finance training exercises and conferences coordinated and 
executed by new economic and workforce development specialists.
  Project Name: Southeast Missouri State University, Cape Girardeau, MO 
for technology upgrades.
  Bill Number: H.R. 1105.
  Legal Name of Requesting Entity: Southeast Missouri State University.
  Address of Requesting Entity: One University Plaza, Cape Girardeau, 
MO 63701.
  Description of Request: Provide an earmark of $333,000 to expand the 
services of Kent Library into a modem Information Commons concept and 
to link the same technical and support services that this renovation 
will provide to the students, faculty, and staff on the main campus to 
the students and faculty on the River Campus, four regional campuses 
and the community within the University's service region.
  Project Name: Southeast Missouri State University, Cape Girardeau, MO 
for a mobile health unit initiative.
  Bill Number: H.R. 1105.
  Legal Name of Requesting Entity: Southeast Missouri State University.
  Address of Requesting Entity: One University Plaza, MS 1900: Cape 
Girardeau, MO 63701.
  Description of Request: Provide an earmark of $381,000 for the 
Southeast Health on Wheels (SHOW) Mobile Program. The SHOW Mobile 
initiative is a health literacy, health promotional and disease 
prevention, and primary health and dental care program designed to 
serve Southeast Missouri. The program is administered by the College of 
Health and Human Services of Southeast Missouri State University.
  Project Name: Susanna Wesley Family Learning Center, East Prairie, MO 
for programs to assist at-risk youth and their families.
  Bill Number: H.R. 1105.
  Legal Name of Requesting Entity: Susanna Wesley Family Learning 
Center, Inc.
  Address of Requesting Entity: 207 N. Washington St., Box 249, East 
Prairie, MO 63845.
  Description of Request: Provide an earmark of $238,000 for the 
Susanna Wesley Family Learning Center's Positive Alternative System 
Strategies to Work, or ``Pass to Work,'' program will provide families 
with activities designed to emphasize good academic and healthy 
physical performance for at-risk children. In addition, this program 
will offer employment training, career counseling, and health behavior 
advice.